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Terms and Conditions
2015 AT&T Pebble Beach National Pro-Am Ticket Offer (“Promotion”)
Between January 26, 2015 and February 13, 2015 (the “Time Period”) customers who purchase a HTC One or HTC Desire EYE and an HTC Re from a participating AT&T company owned store in Northern, CA, each a (“Store”), will receive a code that can be redeemed for two (2) one-day passes to the 2015 AT&T Pebble Beach National Pro-Am (“Event”) taking place between February 9 – 15, 2015 in Pebble Beach, CA (“Gift”). [Approximate retail value $100]. After purchase, customer will be provided with instructions from a Store representative on how to redeem Gift online. Within thirty-six (36) hours after customer starts online Gift redemption process, customer will receive their code (“Code”) via email or via call to the mobile phone number they provided along with instructions on how to use Code for completing online redemption of the Gift. During redemption customer will be able to select their day of choice to attend the Event between February 9 – 15, 2015. Passes will be emailed to customer within thirty-six (36) hours of redemption.
Customers must be legally and physically residing in one of the 50 United States or the District of Columbia and be at least 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi) at time of participation. Other conditions and restrictions may apply. Offer only good while supplies last. Employees, including their immediate families and members of the same household, of AT&T Mobility LLC (“Sponsor”) and The Marketing Arm Inc. (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, advertising, promotion and administrative agencies, and their respective agents, employees, officers, directors, successors and assigns (“Promotion Entities”) are not eligible to participate. Limit one (1) Gift per customer. Offer cannot be sold or redeemed for cash. No substitutions or rain checks. Gift cannot be transferred or assigned. Theft, diversion, reproduction, transfer, sale or purchase of this offer is prohibited and constitutes fraud. Void if altered, duplicated, copied, reproduced, transferred, sold, exchanged or expired. Sponsor reserves the right, in its sole discretion, to substitute Gift with one of equal or greater value. Promotion Entities are not responsible for lost, damaged or stolen Gifts. THIS PROMOTION AND ALL GIFTS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CONSUMERS ACKNOWLEDGE THAT PROMOTION 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 GIFTS AND ANY IMPLIED WARRRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. By accepting a Gift customers agree to indemnify, defend and hold harmless Promotion Entities from any and all damages, claims, and liability arising out of or relating in any way to customer’s participation in Promotion and acceptance, use or misuse of any Gift and to release all rights to bring any claim, action or proceeding against Promotion Entities for any injuries or death, theft, loss or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with participating in Promotion. Promotion Entities are not responsible if Promotion cannot take place or if any Gift 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 Promotion Entities. Promotion Entities assume no responsibility for any technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to request or receive a Gift, including any injury or damage to any computer relating to or resulting from participation in this Promotion. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend Promotion should, in its sole discretion, virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Promotion or web site or to be acting in violation of these Terms and Conditions or to be acting in a non-sportsmanlike or disruptive manner. Sponsor may prohibit participation in the Promotion if, in its sole discretion, it determines that said person is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices (including the use of automated programs) or intending to annoy, abuse, threaten or harass Sponsor or any other person. In the event of a dispute, the “authorized account subscriber” of the e-mail account or mobile phone provided by customer at actual time of participation in Promotion will be deemed to be the individual redeeming the Gift. The “authorized account subscriber” 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 e-mail address for the domain associated with the submitted e-mail address. The authorized account subscriber for mobile phone entries is defined as the natural person whose name the mobile phone was issued to and to whom the services are billed. All federal, state and local taxes are the sole responsibility of the customer. All other costs and expenses associated with the Gift, including transportation to take part in Gift, are solely recipient’s responsibility. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE 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.
AS A CONDITION OF PARTICIPATING IN THE PROMOTION, CUSTOMER AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL CUSTOMER BE PERMITTED TO OBTAIN AWARDS FOR, AND CUSTOMER 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, OR ANY GIFT AWARDED, 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) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; 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.
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