The T-Mobile NBA Instant Win Game ("Game")
2008 OFFICIAL RULES
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. VOID WHERE PROHIBITED. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
- ELIGIBILITY REQUIREMENTS: Game is open only to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at the time of entry. Employees, officers and directors of T-Mobile USA, Inc. ("Sponsor"), Wasserman Media Group, Marketing Resources Incorporated, The Garrigan Lyman Group, Wong Doody, Publicis, Hornall Anderson Design Works and the National Basketball Association ("NBA"), its member teams, NBA Properties Inc., NBA Media Ventures, LLC, Inc. and their affiliates (the "NBA Entities"), contractors and any others engaged in the sale of T-Mobile services/products or development, production or distribution of game materials and their respective parents, affiliates, subsidiaries, advertising and promotion agencies (collectively, "Promotion Entities"), and the immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) and persons living in the same households (regardless of whether related) as any of these individuals are not eligible to participate in the Game. Eligible minors must have their parents’ or legal guardians’ permission to participate in this Game. Void where prohibited by law. Game is subject to all applicable federal, state and local laws.
- GAME PERIOD: Game begins April 30, 2008 at 12:00:01 PM Eastern Time ("ET") and ends July 9, 2008 at 11:59:59 PM ET (the "Promotion Period"). Sponsor’s time clock is the official clock for this Game.
- HOW TO PLAY THE INSTANT WIN GAME: No purchase necessary to enter into, play, or receive a prize under, this Game.
Limit: one (1) game play per person and per e-mail address per day. Multiple game plays received from any person or e-mail address on any given day after the first game play received from that person or e-mail address on that day will be void. For the purposes of this Game, a day begins at 12:00:01 am ET and ends at 11:59:59 pm ET. Any attempt by a person to use multiple e-mail accounts to enter more times than is allowed by these Official Rules and game plays generated by script, macro or other automated or other means may result in the complete disqualification of such person from participation in this Game and all associated game plays will be void, as determined by the Promotion Entities in the exercise of their sole discretion.
First-Time Participants: To enter and play the Game, during the Promotion Period, a participant must go to the following Web site address: http://www.t-mobile.com/nba (the "Site") and follow the links to the Game. In order to receive a game play, the participant must completely enter the correct information in all required fields on the "Create Your Profile" form and click on the "Save" button. Once logged in, the participant is then able to proceed to play the Game. In order to play the Game, the user must first click on the "Play" button. A basketball hoop will be presented to the user and will move from left to right. The user must left-click on their mouse to determine the timing of the shot. The user has a total of 48 seconds to make as many shots as possible. At the end of the 48 seconds, the results of his/her game play will be displayed automatically upon completion of the game play. If the message displayed on the participant’s browser indicates that he/she is a potential winner, then he/she must follow the on-screen instructions to claim his/her prize. The score obtained by playing the Game does not have any impact on your chances of winning a prize. All prizes are awarded randomly.
How to Claim a Prize: If a participant is a potential winner, then he/she must immediately and completely and correctly fill out the online prize redemption form (unaltered from the precise lay-out in which presented to the participant) and click the "Submit" button. If a potential winner closes this page prior to clicking the "Submit" button or if he/she otherwise fails to follow the instructions provided to claim his/her prize by the indicated deadline, prize will be forfeited and Sponsor will have no further obligation to such winner. All prizes must be claimed by 11:59:59 AM ET on July 10, 2008; otherwise, the potential winner irrevocably forfeits any and all rights to claim such prize(s). Sponsor is not responsible if a winner does not receive such email, or if such email is delayed, for any reason, including due to the use of SPAM filters. All prize claims are subject to confirmation and verification of eligibility and game play and compliance with these Official Rules. Without verification, any potential winner will not be entitled to become an "actual" winner. Limit one (1) prize per person, per e-mail address and per household, per day throughout the entire Promotion Period.
Returning Participants: Each participant is required to complete the on-line registration form only the first time that he/she registers for the Game. A returning participant in this Game can log in and play the Game again by submitting his/her username and password via the "login" box in the upper right hand corner of the site’s universal navigation or on the Game introduction screen and clicking the "Enter" button; he/she thereupon will be able to proceed to play the Game in accordance with the instructions set forth above.
Game plays in this Game will be deemed made by the authorized account holder of the e-mail address submitted at the time of initial registration. In the event of a dispute regarding the identity of any potential winner hereunder, the potential winner shall be deemed to be the "authorized account holder" of the e-mail address submitted at the time of the game play, provided he/she is eligible according to these Official Rules. The "authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. A potential winner may be required provide the Promotion Entities with satisfactory proof that he/she is the authorized account holder of the e-mail address associated with the potential winning game play. Game plays that are incomplete, inaccurate or corrupted are void and will not be accepted. Information collected from each participant is used solely for the purpose of identifying and notifying the potential winners, and such information will not be re-used, sold or shared in any manner by the Promotion Entities or any third parties unless participant has elected to receive additional information and promotional material from the Promotion Entities and/or such third parties at the time of registration. Within a reasonable period of time after the conclusion of the Promotion Period, all information supplied by the participants hereunder will be removed from the Promotion Entities’ database(s) unless participant has elected to receive additional information and promotional material from the Promotion Entities and/or such third parties at the time of registration. By electing to receive additional information and promotional material from any the Promotion Entities, participant (and, if an eligible minor, his/her parent or legal guardian) expressly agrees to each of the terms and conditions of the Promotion Entities’ respective privacy policies, available at http://www.t-mobile.com/info/legal/privacy.asp.
- PRIZES, ODDS AND APPROXIMATE RETAIL VALUES ("ARV"): GLG ("Administrator"), will determine, at random, the times at which prizes will be awarded throughout the Promotion Period (each, a "Winning Time"). There will be a total of 1,080 Winning Times throughout the Promotion Period. The first participant to play on or if no one plays on, then immediately after a designated Winning Time will be a potential winner of the prize for that Winning Time, subject to verification of eligibility and game play, and will receive an instant win message stating the prize potentially won and instructions on how to redeem the prize. The Administrator's decisions shall be final and binding on all matters relating to the Game. The odds of winning a prize are based not only upon the number of eligible game plays received, but also the time in which they are received. No more than the stated amount of prizes in any prize category will be awarded for any reason. The quantities, description and Approximate Retail Value ("ARV") of each specific prize are as follows:
INSTANT WIN PRIZES: Six hundred (600) T-Mobile NBA Keychain; ARV $6.99.
INSTANT WIN PRIZES: Four hundred (400) T-Mobile T-Shirt. Size and color may vary and will be determined solely by the Sponsor; ARV $15.00.
INSTANT WIN PRIZES: Fifty (50) NBA Basketballs; ARV $70.00.
INSTANT WIN PRIZES: Twenty-five (25) T-Mobile Bluetooth Headset. Exact model will be determined solely by the Sponsor; ARV $79.99.
INSTANT WIN PRIZES: Five(5) T-Mobile Shadow™ Phone Packs; ARV $449.99. T-Mobile Shadow™ Phone Pack: One (1) T-Mobile Shadow™ phone and One Hundred Dollars ($100) in Prepaid T-Mobile To GoSM prepaid wireless phone service. Each recipient of a T-Mobile Shadow Phone Pack™ hereby expressly acknowledges, agrees and understands that his/her T-Mobile To Go prepaid wireless phone service and usage of such phone shall be governed by and subject to (i) each of the conditions, restrictions and other provisions set forth on the prepaid activation card and (ii) each of T-Mobile’s Terms and Conditions, a copy of which is located at www.t-mobile.com.
TOTAL ARV OF ALL PRIZES IN THE GAME IS: $17,943.70.
- GENERAL CONDITIONS:
By participating, participants (and, if eligible minors, their parents or legal guardians) agree to these Official Rules, Sponsor’s Privacy Policy (subject to the terms above) (available at http://www.t-mobile.com/info/legal/privacy.asp), Terms of Use (also available at http://www.t-mobile.com/info/legal/privacy.asp) which are final and binding in all respects. Winners are solely responsible for any and all federal, state and local taxes on the prize. Prizes are non-transferable. No cash equivalent or substitution of any prize is permitted. Unclaimed prizes will not be awarded. Potential winners will be notified by e-mail. If any prize or prize notification is returned as non-deliverable, potential winner does not timely return any required documents, Sponsor’s is unable to contact a potential winner within a reasonable time period or potential winner is not in compliance with these Official Rules, prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves the right to substitute a prize with another prize of comparable or greater value, at its sole discretion. Each prize will be fulfilled within twelve (12) weeks after the last day in the month (if ever) in which the particular potential winner of that prize has been verified. All prize details are at Sponsor’s sole direction. Any costs or expenses associated with prize acceptance and use not specified herein as being provided are winners’ sole responsibility. Each winner (and, if an eligible minor, his/her parent or legal guardian) hereby expressly grants to the Promotion Entities and the NBA Entities and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and city and state of residence for advertising, marketing, promotional and publicity purposes in connection with this Game, in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation, notification or permission, except where prohibited by law. All decisions of the Promotion Entities hereunder with respect to any Game-related matter shall be final, binding, and non-appealable in all respects. If for any reason the Game is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Game, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Game. In the event of cancellation or termination, all prizes will be awarded in a random manner to be determined by Sponsor from among all eligible registrations received up to time of such action. This Game shall be governed exclusively by the laws of the State of Washington, and all claims, issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor in connection with this Game, must be resolved in the federal or state courts located in King County, Washington and will be construed in accordance with, the substantive laws of the State of Washington, without regard to Washington choice of law rules. Each prize hereunder shall be awarded solely upon (a) verification of the particular potential winner and (b) final approval by the Promotion Entities.
- LIMITATIONS OF LIABILITY AND RELEASE:
No more than the number of prizes stated herein will be awarded. If because of computer programming, seeding, network or other error (or for any other reason) there are more prize claims for any prize category than the number of prizes specified in these Official Rules, a random drawing will be held from among all eligible, non-suspect claimants in such prize category to award only the number of prizes in such prize category as stated in these Official Rules. In no event will Sponsor or Promotion Entities be liable for more than the stated number of prizes in these Official Rules. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Released Parties (as defined below) are not responsible for late, lost, inaccurate, incomplete, misdirected, delayed, undelivered, stolen or garbled registrations, prize claims, game play or e-mails or for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software or web site. Released Parties are not responsible for lost, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, for incorrect or inaccurate information, howsoever caused, or other error of any kind, whether human, mechanical, electronic, network, human, typographical, printing, seeding or otherwise, relating to or in connection with this Game, including, but not limited to, errors which may occur in connection with the administration of the Game, the processing of registrations, game plays or prize claims, the announcement of the prizes, the tabulating of scores or in any Game-related materials. Released Parties are also not responsible for injury or damage to participants’ or to any other person’s computer resulting from use of the web site or the downloading of any materials or participation in this Game. Participants found tampering with or abusing any aspect of this Game, as solely determined by the Sponsor, will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to terminate participant’s eligibility to participate in the Game and void all associated game plays. Any attempt by any person to deliberately undermine the legitimate operation of the Game may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right (among other causes of action and remedies) to seek damages (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Game, participants (and, if eligible minors, their parents or legal guardians) agree to release, discharge and hold harmless Promotion Entities, their respective parents, affiliates, subsidiaries, retailers, agencies and all of their respective officers, directors, employees and agents (collectively, "Released Parties"), from any and all liability, claims, judgments, losses, injuries, demands, damages, actions, and/or causes of actions, whether direct or indirect, which may be due to or arise out of participation in the Game or any portion thereof, or the acceptance, use/misuse or possession of any prize.
- WINNERS' LIST: For a list of winners (available after July 9, 2008), send a self-addressed, stamped envelope postmarked by no later than September 20, 2008, to "The T-Mobile NBA Instant Win Game" Prize Winners List Request, PO Box 329, Elmhurst, IL 60126.
- SPONSOR: T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue, WA 98006.