Terms and Conditions


AT&T FANMATES

SPONSORED BY AT&T MOBILITY LLC

NO PURCHASE NECESSARY TO PARTICIPATE. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA.

The “AT&T Fanmates” promotion (“Promotion”) is sponsored by AT&T Mobility LLC (“AT&T” or “Sponsor”) located at 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319, and administered by The Marketing Arm Inc. (“Administrator”) located at 1999 Bryan Street, Suite 1800, Dallas, TX 75201. All interpretations of these Terms and Conditions and decisions made by Sponsor relating to the Promotion are final.

1. Participation Period: The Promotion participation period commences at 12:00 AM ET on June 3, 2016 and ends at 11:59 PM ET on September 18, 2016 (“Promotion Period”).

2. Promotion Overview: AT&T is mobilizing fans into fanmates by creating the next level of connection between Team USA athletes and their supporters, bringing the fans deeper into the athletes world, putting them in their shoes, and keeping them connected right up until the Olympic games. This Promotion gives fans the opportunity to be part of a digital mosaic that features the following athletes/squads: Alana Nichols, Alex Morgan, Gabby Douglas, Matt Grevers and the AT&T High Peformance Diver Squad, collectively (“Athletes”).

3. Eligibility: The Promotion is open to U.S. citizens and U.S. resident aliens who are physically located in and legal residents of one of the 50 United States or the District of Columbia who are at least the age of majority in their state of residence at time of participation: 18 years of age in most states, 19 in Alabama and Nebraska, 21 in Mississippi. Employees, agents, and directors of AT&T and Administrator, 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 Promotion are hereinafter referred to as (“Promotion Entities”).

By participating in this Promotion, participants: (a) agree to be bound by these Terms and Conditions and by the interpretations of these Terms and Conditions by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Terms and Conditions; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Terms and Conditions; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to indemnify and hold harmless Promotion Entities from and against any and all liability, claims, injury or damages arising out of or relating in any way to participant’s participation in Promotion, and for any claim, including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action, and to release all rights to bring any claim, action or proceeding against Promotion 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 participant’s participation in Promotion.

4. To Participate at an AT&T Photo Opportunity Booth:Participant must visit the AT&T Photo Opportunity Booth (“Photo Booth”) at the events taking place at the locations and dates specified below during the Promotion Period, each an (“Event” and collectively “Events”). Prior to being photographed participant will be required to agree to the Promotion Terms and Conditions and complete online a Consent and Release Agreement (“Consent Agreement”) granting Sponsor and its representatives, affiliates, licensees and assigns, the right to take a photograph of entrant, including the right to use participant’s name and likeness in the manner set forth in these Terms and Conditions. Once participant has completed the Consent Agreement and agreed to the Promotion Terms and Conditions, participant will have the opportunity to be photographed at the Photo Booth. The photograph taken at the Photo Booth will then be put into a moderation queue where a review of the photograph will be made to ensure it meets the requirements of the Submission Guidelines specified herein. If Photograph successfully passes the moderation process, it will be uploaded immediately for public viewing into a photomosaic that features the Athletes. Submissions (hereinafter defined) must be in compliance with the Submission Guidelines specified herein. Participant agrees that in connection with their participation in this Promotion, they agree to receive from Sponsor six (6) emails sent to the email address provided at time of entry: (i) one (1) submission confirmation email will be sent to participant along with a copy of the photograph taken and a video message from one of the Athletes; (ii) four (4) other emails with video messages from the Athletes; and (iii) one (1) other email containing a survey relating to awareness of AT&T’s partnership with the USOC.

Date Event Location
4/27 Road to Rio Tour Times Square, NYC
5/7-8 Road to Rio Tour Boathouse & Bricktown, Oklahoma City, OK
6/22,23,25 &26 2016 Diving Olympic Trails IUPUI Natatorium, Indianapolis, IN
6/24-25 Road to Rio Tour Monument Circle, Indianapolis, IN
6/24-7/3 2016 Swimming Olympic Trials Century Link Center, Omaha, NE
7/8-10 2016 Women’s Gymnastics Olympic Trials SAP Center, San Jose, CA
7/6-10 Road to Rio Tour Grant Park, Chicago, IL
7/23-24 Road to Rio Tour Venice Beach, Los Angeles, CA

All contents of entrant’s submissions, including but not limited to, content, text, images, graphics, photographs, sound, captions and descriptions will hereinafter be referred to as Submission" or "Submissions”).

All information submitted by entrants is subject to and will be treated in a manner consistent with AT&T’s Privacy Policy accessible at www.att.com/privacy. By participating in Sweepstakes, entrants hereby agree that AT&T may collect and use their personal information in compliance with its Privacy Policy and acknowledge that they have read and accepted the AT&T Privacy Policy.

5. Submission Guidelines:Any elements appearing in a Submission, including, without limitation, photographs, art or any other materials, must be participant’s own original work, created by participant, or be in the public domain.

Submissions must not feature the name, likeness or other personally identifiable information of any person other than participant. Personally identifiable information includes, but is not limited to, name, image, likeness, license plates, phone numbers and personal addresses. Submissions must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, commercial products or services, unauthorized copyrighted, trademarked or patented properties, including brand names, logos or trade dress, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, Submissions must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable person. Any content, text, voice or otherwise, included as part of the Submission must be in the English language.

By participating in Promotion, each participant represents and warrants that: (i) (i) the Submission does not and will not violate any law, statute, ordinance or regulation; (ii) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Terms and Conditions; (iii) the Submission does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (iv) the Submission is not and will not be defamatory, disparaging, libelous, pornographic or obscene.

Participants acknowledge and agree that Sponsor may receive many Submissions in connection with this Promotion and that some Submissions may be very similar in content, idea, theme, or in other respects to other Submissions received or submitted. Participant waives any and all claims participant may have had, may have and/or may have in the future, that any Submission in this Promotion is similar to his/her Submission, or that any compensation is due to entrant in connection with such Submission.

Sponsor reserves the right to disqualify any Submission that it deems, in its sole discretion, to be a violation of the Terms and Conditions or that are not in keeping with the Submission Guidelines specified herein or Sponsor’s image or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate.

All Submissions will be reviewed for content before being published however, such review does not relieve participant from responsibility for compliance with these Terms and Conditions.

All entries submitted in compliance with these Terms and Conditions and not disqualified are considered "Eligible Submissions". Submissions will not be returned and receipt of Submissions will not be acknowledged. Proof of submission will not be deemed to be proof of receipt of Submission by Sponsor.

6. Use of Submissions:Eligible Submissions will be included in a digital mosaic that features the Athletes and will be displayed on TV monitors at one (1) or all of the Events and on http://smash.smartactivator.com/photo/reel/?id=70089959-F964-4D51-BC8E-96432BA1f336 and/or in Sponsor’s social media pages and channels in Sponsor’s sole discretion during the Promotion Period and thereafter. Sponsor is not obligated to use, publish or display or broadcast any Submission. By submitting a Submission, participants understand and agree that their Submission may be publically displayed in the manner set forth above without any further notification to or consent from participant.

Participants agree that Promotion Entities are not responsible for any unauthorized use of Submissions by any third parties.

All participants agree that in exchange for their participation in Promotion they grant, and have full right to grant, Sponsor and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission; and (ii) the non- exclusive, sublicensable, perpetual, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual and aural elements, and or otherwise exploit the Submissions, and/or any portions or excerpts thereof, including without limitation, using participant’s name, image, likeness, performance , voice and any other attributes of participant, individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation, or review or approval by, or additional payment of any kind to participant or any third party. In addition, if a participant participates in Promotion at an AT&T Photo Booth, participant grants the right to Sponsor, and its representatives, affiliates, licensees and assigns, to record, film and photograph the participant.

Participants acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in Submission.

7. General Terms:Promotion Entities are not responsible if Promotion cannot take place 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 Promotion Entities. If, for any reason Promotion is not capable of running as planned, including, without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Promotion Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Promotion or any part of the Promotion. If Promotion or any part of Promotion is terminated or modified prior to the end date of the Promotion Period, notice will be posted on uverse.com/Olympic-rules Sponsor reserves the right to modify and amend these Terms and Conditions from time to time during Promotion for clarification purposes. Failure by Sponsor to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

Promotion Entities assume no responsibility for Submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected or not received, whether caused by any of the equipment or programming associated with or utilized in the Promotion, or by any human, mechanical or electronic error that may occur in the processing of the submissions in Promotion, or other errors appearing within the Terms and Conditions or in any Promotion related advertisements. Promotion Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Promotion, errors in processing submissions, 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 participant’s or any other person’s computer system/software or mobile phone, or other portable electronic devise related to or resulting from participation or downloading any materials in Promotion. Use of any device to automate or subvert participation is prohibited and any submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated submissions are permitted and any submissions 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 submission; (ii) to have tampered with the submission process or the operation of Promotion; (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 participant or Promotion Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Promotion; or (vi) to be acting in violation of these Terms and Conditions.

AS A CONDITION OF ENTERING THE PROMOTION, PARTICIPANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE PROMOTION 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.

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