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“AT&T WIN WITH THE FINS SWEEPSTAKES”
SPONSORED BY AT&T MOBILITY LLC
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FLORIDA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Entry Period: The “AT&T Win With the Fins Sweepstakes” (“Sweepstakes”) commences at 12:00 AM ET on September 7, 2014 and ends at 11:59 PM ET on December 28, 2014 (“Sweepstakes Period”). The Sponsor’s time clock will be the official time keeping devise for this Sweepstakes. All entries must be received by 11:59 PM ET on December 28, 2014. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
2. Eligibility: The Sweepstakes is open to U.S. citizens and U.S. resident aliens who are physically located in and legal residents of Florida who are at least 18 years of age at time of entry. Employees, agents, directors of AT&T Mobility LLC (“AT&T” or “Sponsor”), The Marketing Arm Inc. (“Administrator”)and Miami Dolphins, Ltd, and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to release and hold harmless Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. Sweepstakes Overview: This Sweepstakes has seventeen (17) separate entry periods as specified below (“Entry Period(s)”) during which one (1) weekly winner will be selected, and during Drawing No. 10 one (1) grand Prize Winner will also be selected, for a total of eighteen (18) Winners. Weekly Drawing No. 10 and the Grand Prize Drawing will be two (2) separate drawings that will both take place on November 11, 2014.
|Drawing Date||Prize Date||Drawing||9/9/14||9/21/14||"Weekly Drawing No. 1"||9/16/14||9/21/14||"Weekly Drawing No. 2"||9/23/14||10/12/14||"Weekly Drawing No. 3"||9/30/14||10/12/14||"Weekly Drawing No. 4"||10/7/14||10/12/14||"Weekly Drawing No. 5"||10/14/14||11/2/14||"Weekly Drawing No. 6"||10/21/14||11/2/14||"Weekly Drawing No. 7"||10/28/14||11/2/14||"Weekly Drawing No. 8"||11/4/14||11/13/14||"Weekly Drawing No. 9"||11/11/14||11/13/14 - 12/1/14||"Weekly Drawing No. 10 and Grand Prize Drawing"||11/18/14||12/7/14||"Weekly Drawing No. 11"||11/25/14||12/7/14||"Weekly Drawing No. 12"||12/2/14||12/7/14||"Weekly Drawing No. 13"||12/9/14||12/21/14||"Weekly Drawing No. 14"||12/15/14||12/21/14||"Weekly Drawing No. 15"||12/23/14||12/28/14||"Weekly Drawing No. 16"||12/30/14||1/5/15||"Weekly Drawing No. 17"|
4. To Enter: There are two (2) methods of entry.
Enter via Online: To enter via this entry method, entrant must: (i) visit att.com/dolphins during the Sweepstakes Period; and (ii) complete all required fields on the online entry form and submit as requested and receive one (1) entry into the Sweepstakes. Only fully completed entry forms are eligible. This method of entry does not require the entrant to make any purchase transaction.
To Enter at Sun Life Stadium: To enter via this entry method, entrant must: (i) visit the AT&T activation center (“Booth”) located within the AT&T Grand Plaza at Sun Life Stadium in Miami, Florida during any 2014 regular season Miami Dolphins home games during the Sweepstakes Period; (ii) access the Sweepstakes application by using the specified handset provided at Booth for registering for the Sweepstakes; and (iii) complete all required fields on the entry form and submit as required and receive one (1) entry into the Sweepstakes. Only fully completed entry forms are eligible.
There is a limit of one (1) entry per person, regardless of method of entry. If it is suspected that an entrant submits more than one (1) entry, only one (1) entry will be considered. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the e-mail account used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her email address number during the Sweepstakes Period. The “authorized account subscriber” for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entry will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.
5. Odds: The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period for each applicable Drawing. Odds of winning are not increased based on method of entry.
Weekly Winner Prizes-Weekly Drawing No. 1 – Drawing No. 16: Each of these Weekly Winners will receive: (i) two (2) Tickets to a Miami Dolphins 2014 regular season home game taking place at Sun Life Stadium in Miami, Florida, with an approximate retail value (“ARV”) of $200; and (ii) autographed Miami Dolphin merchandise, with an ARV of $100, the (“Weekly Prize” or “Weekly Prizes”). The total ARV of each of these Weekly Prizes is $300. Exact game dates awarded to each Winner is specified in Section 3 herein.
Weekly Winner Prize- Drawing No. 17: This Weekly Winner will receive autographed Miami Dolphin merchandise, with an ARV of $100.
All of the above prizes will be referred to the (“Weekly Prize” or “Weekly Prizes”).
Grand Prize: The Grand Prize Winner will receive a trip for the Grand Prize Winner and one (1) guest of Grand Prize Winner (“Guest”), to the New York City metropolitan area (“Destination”) to attend the NY Jets v. Miami Dolphins NFL season game (“Game”), on or about December 1, 2014, but subject to change. The trip will include: (i) round trip coach class air transportation for Grand Prize Winner and Guest which shall originate from an airport of Sponsor’s choice near Grand Prize Winner’s primary residence to destination, with an approximate retail value (“ARV”) of $1,000; (ii) round trip ground transportation for Grand Prize Winner and Guest, to be taken together, between airport and hotel and between hotel and Game, with an ARV of $1,000; (iii) two (2) nights hotel accommodations in Jersey City, New Jersey for Grand Prize Winner and Guest, which will be one (1) standard room based on double occupancy (meals, telephone calls, tips, gratuities, and other incidentals and costs are not included), with an ARV of $330; (iv) two (2) upper level tickets to the Game, with an ARV of $170; and (v) one (1) $300 pre-paid gift card for Grand Prize Winner (subject to the terms and conditions of gift card), with an ARV of $300, collectively (the “Grand Prize”). The total ARV of the Grand Prize is $2,800. Grand Prize Winner and Guest must travel on the same itinerary.
Choice of ticket seat locations to be determined by Sponsor in its sole discretion. Weekly Winners, Grand Prize Winner and Guests (attendees) are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded. Prize dates are subject to change in Sponsor’s sole discretion. If a Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner may be selected from among the remaining applicable Eligible Entries received if time permits.
The Weekly Prizes and the Grand Prize will hereinafter collectively be referred to as (“Prize” or “Prizes”). The Weekly Prize Winners and the Grand Prize Winner will hereinafter collectively be referred to as (“Winner” or “Winners"). The total ARV of all of the Prizes is $7,700. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
7. Publicity Release: By participating in Sweepstakes, each Winner grants the right to Sponsor, and its representatives, affiliates, licensees and assigns, to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
8. Winner Selection and Notification: There will be one (1) Grand Prize Winner and seventeen (17) Weekly Winners selected in random drawings from among all of the Eligible Entries as specified in Section 3 herein by Sponsor’s independent judging agency, Administrator. Administrator will attempt to contact the potential Winners via the telephone number provided at time of entry and by entering the Sweepstakes the entrant hereby grants permission to be contacted via telephone. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly and/or does not meet the eligibility requirements, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among all of the remaining applicable Eligible Entries.
9. Winner Verification:
Grand Prize Winner Verification: To be eligible to be declared the Grand Prize Winner and to receive the Grand Prize, the potential Grand Prize Winner must sign and return to Sponsor and/or Administrator, within two (2) days of issuance of such documentation from Administrator or Sponsor a complete and valid IRS Form W9 and an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, grants Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. If potential Grand Prize Winner does not sign this release and return it within the time frame specified, the potential Grand Prize Winner may be disqualified and the Grand Prize forfeited.
Guest participating in Grand Prize with Grand Prize Winner will also be required to sign [the Guest’s parent or legal guardian if Guest has not reached the age of majority in the jurisdiction in which they reside (“Minor”)] a Liability/Publicity Release that must be returned along with the potential Grand Prize Winner’s documentation as provided in these Official Rules within two (2) days of issuance. If the Guest is a Minor, he or she must be accompanied by his or her parent or legal guardian and such parent or legal guardian must be the Grand Prize Winner. If Grand Prize Winner chooses not to take a Guest, or if the Guest does not sign the documentation as provided in these Official Rules within the time frame specified then the Guest elements of the Grand Prize will be forfeited and the other elements of the Grand Prize shall constitute full satisfaction of Sponsor’s obligation to award the Grand Prize. Grand Prize will be forfeited if Grand Prize Winner or Guest fails to comply with the terms and conditions of these Official Rules.
Weekly Winner Verification: These potential Winners may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification when notified of being a potential Winner.
Winners must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Winners and Guest agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner.
Providing potential Winners are in compliance with the Official Rules, have successfully proven eligibility when required, provided Sponsor with a complete and valid IRS Form W-9 and properly executed any required documents potential Winners will each be determined to be a (“Winner” and collectively “Winners”). In the event of non-compliance by a potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner will be chosen in a random drawing from among all of the remaining applicable Eligible Entries received, even if the disqualified potential Winner’s name may have been publicly announced. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.
By participating in Sweepstakes, Winners and Guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners and Guest will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners or Guest deem appropriate.
10. Prize Terms: The dates for fulfillment of the Prizes will be on or about September 2014 through January 2015, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prize, including, without limitation; transportation (unless specified as being included), meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, and any equipment to be used in connection with the Prizes, are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes will be made by Administrator and/or Sponsor.
For the Grand Prize, Sponsor will determine in its sole discretion the airline and hotel to be provided as part of the Grand Prize. All travel dates are subject to change in Sponsor’s sole discretion. If Grand Prize Winner or Guest is not available or able to travel on the dates specified by Sponsor, Grand Prize Winner and Guest’s privileges will be terminated and an alternative Grand Prize Winner will be selected in a random manner from the remaining applicable Eligible Entries if time permits. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any element of the Grand Prize or associated with the Grand Prize. Grand Prize Winner and Guest must possess valid travel documents in order to travel.
11. Taxes: The Winners must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving Prize. The value of Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
12. General Terms: Sweepstakes Entities are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on att.com/dolphins if time permits and the Prizes will be awarded to Winners to be selected in a random drawing from among all of the remaining applicable uncorrupted applicable Eligible Entries received prior to any such event, or in any manner that is fair and equitable. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from entrant’s participation in Sweepstakes.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, NFL Productions LLC, NFL International LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the "NFL Entities") will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.
13. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by February 28, 2014. For the names of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: The Marketing Arm Inc., Attention “AT&T Win With the Fins Sweepstakes”, #140 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” or “Official Rules” on the lower left hand corner of the envelope.
14. Sponsored by: This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.
15. Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.
16. Dispute Resolution by Binding Arbitration:
16.1 By entering this Sweepstakes, you and AT&T agree to arbitrate all disputes and claims arising out of or relating to this Sweepstakes, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before entry into the Sweepstakes (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of the Sweepstakes Period.
For purposes of this Section 16 only, references to “AT&T,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates sweepstakes. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Sweepstakes, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
16.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at http://www.att.com/arbitration-forms.
16.3 After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
16.4 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
16.5 The right to attorneys' fees and expenses discussed in paragraph 10.4 supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
16.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
16.7 Notwithstanding any provision in these Official Rules to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
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