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“AT&T CONCERT TICKET CONTEST”
SPONSORED BY AT&T MOBILITY LLC
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF TEXAS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “AT&T Concert Ticket Contest” (“Contest”) takes place on November 14, 2012 at the location and time specified in Section 4 herein, (“Contest Period”). All interpretations of these Official Rules and decisions made by Sponsor relating to the Contest are final.
3. Eligibility: The Contest is open to persons legally and physically residing in Texas who are at least 18 years of age at time of entry. Employees, agents, directors of AT&T Mobility LLC (“AT&T” or “Sponsor”), and The Marketing Arm Inc. (“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 Contest (“Contest 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 Contest. By participating in this Contest, 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) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless Contest Entities from and against any and all claims, injury or damages arising out of or relating to participation in Contest 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 cause of action.
4. Contest Overview: In order to participate in this Contest, entrants must visit the AT&T Retail Store listed below, on the date and time specified and play the 2012 Racing Game (“Game”) at the Game activation area located in the AT&T booth (“Booth”) located outside of Store. The one (1) entrant with the fastest Game scores at Store will be determined to be the Winner (hereinafter defined). Game scores will be calculated at the end of the Contest Period.
DATE LOCATION TIME
November 14, 2012 5407 N IH-35 Austin, TX 78723 4:00 – 8:00 PM CT
5. To Enter: Visit the Booth at the Store indicated above during the Contest Period and: (i) obtain and complete all required fields on the Contest entry form available at Booth; and (ii) proceed to follow the instructions provided by Contest representative to play the Game and entrant will receive one (1) entry into Contest.
There is a limit of one (1) entry per person. If it is suspected that an entrant submits more than one (1) entry, only the first entry will be considered.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
6. Prize: The Winner will receive two (2) tickets to the Aerosmith concert taking place on November 16, 2012 at the Frank Erwin Center in Austin, TX at 8:00 PM , with an approximate retail value (“ARV”) of $500, the (the “Prize” ). The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded.
Choice of ticket seat locations to be determined by Sponsor in its sole discretion. Winner and guest are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded, including without limitation, transportation to and from Prize venue. Prize date is subject to change in Sponsor’s sole discretion. If the Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner will be selected.
7. Publicity Release: By participating in Contest, the Winner grants the right to Sponsor 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 Contest 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 Notification: There will be one (1) Winner selected from Game participation at the Store on or about November 14, 2012 by Administrator. Administrator’s computer is the official time keeping device for this Contest. Administrator will attempt to contact the potential Winner via the telephone number provided at time of entry. 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 the entrant next in contention for Winner designation will be selected as the Winner.
9. Winner Verification: The potential Winner 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 being notified of being a potential Winner. Providing potential Winner is in compliance with the Official Rules, and when required has successfully proven eligibility potential Winner will be determined to be the (“Winner”). 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 the entrant next in contention for Winner designation will be selected as the Winner. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in event that any potential Winner fails to comply with these Official Rules.
By participating in Contest, Winner acknowledges that Contest Entities have not and will not obtain or provide insurance of any kind relating to the Prize and that Winner will be responsible for obtaining and paying for any form of insurance relating to the Prize that Winner deems appropriate.
10. Prize Terms: The date for fulfillment of the Prize will be on or about November 15, 2012, 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 Contest 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 the Winner. Contest 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 Prize. All costs and expenses not specifically listed above as part of the Prize, including, without limitation, transportation, are solely Winner’s responsibility. PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT CONTEST 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 PRIZE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Contest materials are for illustrative purposes only. Arrangements for the fulfillment of the Prize will be made by Administrator and/or Sponsor.
11. Taxes: The Winner must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving Prize. The value of each 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 or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
12. General Terms: Contest Entities are not responsible if Contest 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 Contest Entities. If, for any reason Contest 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 Contest Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Contest or any part of the Contest. If Contest or any part of the Contest is terminated or modified prior to the closing date of the Contest, notice will be posted on http://uverseonline.att.net/sports/formula-rules. Sponsor reserves the right to modify and amend these Official Rules from time to time during Contest 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 Contest, all entrants agree to indemnify and hold harmless Contest Entities from any and all liability arising out of or relating in any way to entrant’s participation in Contest and to release all rights to bring any claim, action or proceeding against Contest 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 potential Winner’s participation in Contest, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity.
Contest Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Contest, or by any human, mechanical or electronic error which may occur in the processing of the entries in Contest, or other errors appearing within the Official Rules or in any Contest related advertisements. Contest Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Contest, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, and the delivery of the Prize, 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 Contest. 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 Contest; (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 Contest Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Contest; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE CONTEST AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE CONTEST, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT 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 CONTEST, OR ANY PRIZE 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 CONTEST 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 THE LEGITIMATE OPERATION OF THE CONTEST 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.
13. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner must be made by January 14, 2013. For the name of the Winner and/or Official Rules: (i) send a self-addressed stamped envelope to: The Marketing Arm Inc., Attention: “AT&T Concert Ticket Contest, #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 Contest is sponsored by AT&T Mobility LLC., 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.
15. Administered by: This Contest is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800 Dallas, TX 75201.
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