IManywhere IMeverywhere Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

TO PARTICIPATE YOU MUST BE A LEGAL RESIDENT OF THE 50 UNITED STATES OR WASHINGTON D.C., 13 YEARS OF AGE OR OLDER AND A MEMBER OF AMERICA ONLINE AS OF DECEMBER 7, 2003. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.

1. PROMOTIONAL PERIOD: The Imanywhere Imeverywhere Sweepstakes begins on December 8, 2003 at 12:00AMEST and ends on January 4, 2004 at 11:59:59 PM EST (the "Promotion Period").

2. HOW TO ENTER: To enter, go to AOL Keyword IMfree and follow the instructions to register. The Registration page will ask participants for: email address, name, address, telephone number, and date of birth. Participants will be entered into the Sweepstakes upon successful submission of registration and/or login. Limit one entry per week of the Promotion Period for a total of 4 Sweepstakes entries. For the purposes of calculating time during the Promotion Period, a week begins on Monday at 12:00 a.m. ET and ends on Sunday at 11:59 p.m. ET. Upon initial registration, Participants will be asked to make a selection between three (3) Sweepstakes prizes. The Participant, if selected as the Sweepstakes prize winner, will be awarded the prize based on the selection he/she made upon registration. Only one (1) Sweepstakes prize selection is permitted per registered Participant. Upon login and/or initial registration, Participants will be brought to a hub page, from where they can choose to Play the Instant Win Acronym game, for which the user will be asked to cast a vote for the word that best corresponds to the Acronym by selecting from a list of words. There will be a total of 4 different Acronym Games, one (1) available each week during the Promotion Period.. There are no right or wrong answers to the Acronym Games. Upon casting a vote, Participants will be notified if they are an instant winner of one of the 20 IMfree devices. All instant wins are subject to confirmation, verification, compliance with these Official Rules and final approval from the judges. Limit one (1) sweepstakes entry and instant win game play per week per person.

3. TELL A BUDDY. Participants may also earn additional Sweepstakes entries by referring friends to the site. For each referred friend who subsequently registers as outlined above, the referring Participant will be credited with an additional Sweepstakes entry. To earn additional Sweepstakes entries without referring a friend, registered Participants may send a 3x5 card with your email address, name, address, telephone number and date of birth to “Imanywhere Imeverywhere Sweepstakes Entries” to the address in #22. Entries must be postmarked no later than Jamuary 4, 2004 and received no later than January 12, 2004. Limit one (1) Sweepstakes entry per postmarked envelope. No facsimiles or mechanical reproductions will be accepted. Entries become property of Sponsors and will not be acknowledged or returned.

4. PRIZES At the outset of the Sweepstakes, there will be one (1) Sweepstakes prize and a total of Twenty (20) [ five (5) each week] Instant Win prizes.
The Sweepstakes Prize. One (1) Sweepstakes Prize will be awarded via a random drawing of all eligible entrants and will be conducted on or about December 15, 2003. The winner will be awarded one of the following prizes, based on the selection he/she made upon initial registration.

Sweepstakes Choice #1: IMreal.
A $1,500 shopping spree. Prize awarded in the form of a gift card. Gift card will be selected by Sponsors and is subject to terms and conditions stated on card.

Sweepstakes Choice #2: IMchillin'
A large screen TV (minimum 32” screen) and DVD player (make and model to be determined by Sponsors) and your choice of 10 of the hottest Warner Bros DVDs around (subject to availability). Approximate retail value $1,500.

Sweepstakes Choice #3: IMstylin'
A $1,500 shopping spree from winner's choice of either The Gap or Abercrombie and Fitch. Prize awarded in the form of a gift card. Gift card is subject to the terms and conditions stated on card.

The odds of winning the Sweepstakes prize depend on the number of eligible entries received.

Instant Win Prizes. Twenty (20) Motorola IMfree™ Personal Instant Messenger devices will be randomly seeded throughout the promotion duration (five (5) each week) and randomly awarded upon playing the IM Acronym Game as outlined in Rule 2. Odds of winning a instant win prize are 1:2,133. All instant wins are subject to confirmation, verification, compliance with these Official Rules and final approval from the judges. Proof of play and/or winning will not be deemed to be proof of winning by Sponsors. If for any reason more entrants receive an “instant winner” notice than the number of prizes stated herein, Sponsors reserve the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than those listed in the Official Rules. Retail value of Instant Win prize is $99.00.

Total value of Sweepstakes and Instant Win prizes available to be won: USD $3,480.00.


5. TELL A BUDDY CONTEST: One (1) IMfree device will be awarded to each of the top ten (10) Participants who achieve the most registered referrals. In the event of a tie, the tie will be broken by a random drawing.

Total value of contest prizes available to be won: USD $990.00.

6. ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States, or Washington, D.C., 13 years of age or older, and a member of America Online as of December 7, 2003. You are not eligible if you are an employee of Motorola Inc., America Online, Inc. (AOL) (collectively, “Sponsors”), their respective advertising or promotional agencies, the Sweepstakes judging organization, the prize suppliers, or a member of the immediate family (defined as mother, father, brothers, sisters, sons, daughters and spouse) or household of any of the above persons (collectively the “Releasees”). Subject to all federal, state, and local laws and regulations. Void in Puerto Rico and where prohibited

7. RANDOM SWEEPSTAKES DRAWING: On or about January 12 , 2004 an independent judging organization will randomly select one (1) entry from the total number of eligible entries received by the Sweepstakes closing date.

Sweepstakes Entrant who is notified that his/her entry was selected in the random drawing is a Potential Sweepstakes Winner. Potential Sweepstakes Winner is not a winner until he/she has returned all required documentation and eligibility has been verified by Sponsors. Potential Sweepstakes Winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential Sweepstakes Winner will be notified by e-mail or telephone on or about January 14, 2004. If a Potential Sweepstakes Winner cannot be contacted within 7 days after the first attempt to contact him/her, an alternate entrant will be selected in his/her place at random from among all eligible entries received. Except where prohibited, Potential Sweepstakes Winner (or, if Potential Sweepstakes Winner is a minor, his/her parent or guardian) must sign and return to Sponsors, within twenty-one (21) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If the Potential Sweepstakes Winner (or his/her parent or guardian) fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate entrant will be selected in his/her place at random from among all entries received.

8. INSTANT WIN AND TELL A BUDDY PRIZE FULFILLMENT: Instant Win and Tell a Buddy Prizes will be automatically mailed to the winner’s address provided in the online registration form. All prizes will be awarded. Allow 4 to 5 weeks after the Sweepstakes and Contest have ended for verification and shipment of your Instant Win or Tell a Buddy prize.

All Winners are solely responsible for any and all applicable fees and taxes associated with prize receipt and use. Prizes are non-transferable and no substitutions are permitted, except by Sponsors who reserve the right, in their sole discretion, to substitute a prize of equal or greater value if advertised prize is unavailable. Specifics of prize are in Sponsors’ sole discretion. In the event a potential Instant Win or Tell a Buddy prize winner is an eligible minor, he/she will be contacted by telephone, and prize will be awarded to his/her parent or legal guardian. Limit of one (1) Instant Win or Tell a Buddy prize can be won per person.


CONDITIONS OF ENTRY:

9. Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Judges, made in its sole discretion, which shall be final and binding in all matters relating to this Sweepstakes and Instant Win Game. Entrants who have not complied with these Official Rules are subject to disqualification.

10. Sponsors are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible, incomplete or postage-due mail or entries. Proof of transmission (screenshots or captures of play etc.) and/or mailing does not constitute proof of delivery. All entries become the property of Sponsors and in no case shall be returned to sender.

11. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

12. If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by America Online, Inc.

13. Entrants and/or winners assume liability for injuries caused, or claimed to be caused by participating in the Sweepstakes, by the acceptance, possession, or use of any prize awarded, including not limited to claims/damages for personal injury, or property damage.

14. By accepting or participating in a prize, winners consent to Sponsors’ use of his/her names, state of residence, biographical information, voice, statements relating to the Sweepstakes or Sponsors, and photographs or other likenesses, without further compensation, in any publicity carried out by Sponsors or any related entities in connection with this Sweepstakes, except where prohibited by law.

SWEEPSTAKES OPERATION:

15. Any entry, or any other materials used in this Sweepstakes that have been tampered with, altered, reproduced, not legitimately obtained, or which contain or reflect any error will be void. Without limiting the generality of the foregoing, Sponsors reserve the right in their sole discretion to terminate, modify, cancel or suspend this Sweepstakes if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsors corrupt the administration, security, or proper play, of the Sweepstakes. In such event, Sponsors reserve the right to award the prizes at random from among the eligible entries received up to the time of impairment.

16. Sponsors and the other Releasees are not responsible for any problems that may arise, including but not limited to, technical malfunctions of telephone network or lines, computer online systems, servers or providers, computer equipment or software, viruses, bugs, failure of personal computers and/or software and hardware configurations, or failure of any email to be received by Sponsors or a participant for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof. Sponsors and the other Releasees are not responsible for damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.

17. Sponsors and the other Releasees do not warrant that access to or use of the service will be uninterrupted or error-free, or that the service will meet any particular criteria of performance or quality. Sponsors and the other Releasees expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

DISCLOSURES:

18. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsors reserve the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Participant engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won.

19. Under no circumstances, including negligence, shall the Sponsors, and the other Releasees be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.

20. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors in connection with the Game, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.

21. This promotion is jointly sponsored by Motorola Inc. 600 North Highway 45 Libertyville, IL 60048 and America Online, Inc., 22000 AOL Way, Dulles, VA 20166.

22. For a list of the winners, (available after December 8, 2003) send a self-addressed stamped envelope to: IManywhere Winners List 2, c/o NewWorldIQ, P.O.BOX 3058 Saratoga, CA 95070-1058, to be received by February 9, 2004.

23. Information collected from entrant is used only for the purpose of the prize drawing and to notify winners, and will not be re-used, sold or shared in any manner by Sponsors or any third parties unless entrant has elected to receive additional information and promotional material from Sponsors or a third party. Once the Sweepstakes has ended, all information supplied by entrants will be removed from the database. By entering the Sweepstakes, you agree to all of the terms and conditions of the Motorla Privacy Policy, which is available at www.motorola.com/privacy.



OFFICIAL RULES PRIVACY POLICY WINNERS

NO PURCHASE NECESSARY TO ENTER OR WIN. Sweepstakes open to Legal Residents of the United States. Void in Puerto Rico and where prohibited by law. For Full eligibility requirements, entry details, and prize description, please see the Official Rules