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"GO 1 ON 1 WITH DIRK 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 THE 75 MILE RADIUS OF AMERICAN AIRLINES CENTER IN DALLAS, TEXAS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: Go 1 on 1 with Dirk Contest ("Contest") commences at 12:00 AM CT on February 20, 2012 and ends at 12:00 AM CT on April 1, 2013, ("Contest Period"). All entries must be received by 12:00 AM CT on April 1, 2013. All interpretations of these Official Rules and decisions made by Sponsor relating to the Contest are final.
2. Eligibility: The Contest is open to persons legally and physically residing within a 75 mile radius of the American Airlines Center in Dallas, TX who are at least 14 years of age at time of entry. Entrants who have not yet reached the age of majority in the jurisdiction in which they reside ("Minors") must obtain parental or legal guardian consent to be eligible to enter Contest. For purposes of these Official Rules the Dallas Metroplex area shall be defined as from Frisco/McKinney south to Downtown Dallas and Rockwall west to Arlington. Employees, agents, and directors of AT&T Mobility LLC ("AT&T" or "Sponsor"), The Marketing Arm Inc., ("Administrator"), the Dallas Mavericks and American Airlines Center, 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, spouses, 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 Prize (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. To Enter:
To Enter Online: To enter via this method: (i) visit http://uverseonline.att.net/sports/sweepstakes/icw-mavs and complete all required fields on the Contest entry form; and (ii) tell us in 160 characters or less "What does not texting and driving mean to you? and submit as requested and receive one (1) submission into the Contest. Only fully completed submission forms are eligible. All entries must be in the English language
To Enter at a Participating High School: To enter via this method: (i) visit one of the participating high schools listed below, each a ("School") during the applicable date and time specified; and (ii) access the Contest application by using the specified handset provided at the School for registering for the Contest and complete all required fields on the Contest entry form; and (iii) tell us in 160 characters or less "What does not texting and driving mean to you? and submit as required and receive one (1) submission into Contest. Only fully completed entry forms are eligible. All entries must be in the English language.
There is a limit of one (1) Submission per person regardless of the method of entry. If it is suspected that an entrant submits more than one (1) Submission, only one (1) Submission will be considered. In the event of a dispute over who submitted a winning online entry, the "authorized account subscriber" of the e-mail account used to participate in Contest at the actual time of entry, will be deemed to be the entrant. The "authorized account subscriber" for online submissions 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 requested by Sponsor.
4. Submission Guidelines: All contents of entrants submissions, including but not limited to, content, text, images, graphics, photographs, captions and descriptions, data, codes, programs, hereinafter referred to as ("Submission" or "Submissions"), must be completely original to entrant and must not have been taken or composed, in whole or in part, from any other source other than entrant, must have been created specifically for Contest, and must not have been released commercially in order to be an eligible Submission. Submissions which contain materials that are not the original work of the entrant, or are illegible or incomplete, will not be accepted or eligible to win.
Submissions must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, explicit sexual activity, illegal drug or alcohol use, violence, commercial products, unauthorized copyrighted or trademarked properties, including brand names and logos, private property, unless entrant has obtained a property release from the owner specific for uses specified herein, 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 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, personal identifiable information, including but not limited to, license plates, phone numbers, personal addresses, 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 consumer.
Sponsor reserves the right to disqualify any Submission that it deems, in its sole discretion, to be a material violation of these Official Rules or that are not in keeping with Sponsor's image. Sponsor may request entrant to modify or edit any Submission so that the Submission meets such guidelines. Sponsor is not obligated to use, publish or display or broadcast any Submission.
By entering Contest, each entrant represents and warrants that: (a) it has all rights to the Submission and all contents and components thereof, and that entrant has obtained all rights, consents, and permissions, including, but not limited to, those of any persons that may have participated in Submission, necessary to grant the rights granted herein; (b) that the Submission was created specifically for Contest; (c) that the Submission, in whole or in part, has not been released commercially; (d) the Submission does not and will not violate any law, statute, ordinance or regulation; (e) 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 Official Rules, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (f) the Submission is not and will not be defamatory, disparaging, libelous, pornographic or obscene. All entrants, whether a Winner or not, agree that in consideration for being considered to enter this Contest, grant Sponsor and its representatives, affiliates, licensees, successors and assigns, (a) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission; and (b) the non-exclusive, irrevocable, royalty free, right and license to 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 elements, and or otherwise exploit, the Submissions, and/or any portions or excerpts thereof, 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 additional payment of any kind to entrant or any third party.
Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of Submission and their right to use Submission as specified in these Official Rules. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of Submission.
Entrants agree that Sponsor may: (i) use their Submissions, including entrant's first name and state of residence in whole or in part for any purpose whatsoever without any additional compensation, and (ii) broadcast, copy, reproduce or edit the Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times in any and all media without geographic or time locations.
All entries submitted in compliance with these Official Rules and not disqualified are considered "Eligible Submissions". All Submission materials become the sole and exclusive property of Sponsor. 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. Prize: The Winner (hereinafter defined) will receive: (i) the opportunity to participate in a one-on-one twenty (20) minute on court experience with Dirk Nowitzki at the Dallas Mavericks Practice Court at the American Airlines Center in Dallas, TX, currently scheduled to take place in May 2013, but subject to change in Sponsor's sole discretion. This experience will incorporate the sport of basketball but will not be physically strenuous. (No monetary value); and (ii) four (4) tickets to a 2013 regular season Dallas Mavericks home game at the American Airlines Center in Dallas, TX, with an approximate retail value ("ARV") of $400, collectively ("Prize" or "Prizes"). The total ARV of the Prize is $400. 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, lodging, food and beverage. 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 will be selected that was next in contention for Winner designation.
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, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or on a Winner's 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. Judging: Submissions will be judged by representatives of Administrator, ("Judges") based on the judging criteria specified herein. There will be up to one (1) Winner selected from the Eligible Submissions ("Winner"). The Submissions will be judged on the following criteria: (i) originality (40%); (ii) creativity in way entrant explains the impact of not texting and driving (30%); and (iii) use of emotion in response (30%). The Judges reserve the right to conduct interviews with any entrant. The Judges also reserve the right to extend the Contest Period, select more or less Winners, or not to declare a Winner if, in their sole discretion, the Submissions do not meet the qualification standards based on the judging criteria specified herein. The application of the judging criteria shall be in the sole and absolute discretion of the Judges. In the event of a tie or dispute or for any other reason that Sponsor deems necessary, determination of the Winner will be made by Judges and based on Judging Criteria (iii) above. Contest Entities and Judges disclaim any liability from any entrant and entrants agree to waive any claims against Contest Entities and Judges relating to the judging or awarding process.
9. Winner Selection and Notification: The Judges will select one (1) Winner from among all of the Eligible Submissions on or about April 2, 2013. Administrator will make up to three (3) attempts over the forty-eight (48) hour period following Winner selection 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 during the forty-eight (48) hour period in which he or she is called, the potential Winner will be disqualified and an alternate potential Winner may be selected, in Sponsor's sole discretion, from among the remaining Eligible Submissions received. 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.
10. Winner Verification: To be eligible to be declared the Winner and to receive the Prize, the potential Winner must sign (his or her parent/legal guardian if potential Winner is a Minor) and return to Sponsor and/or Administrator, within three (3) days of issuance of such documentation from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Contest 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 Contest, 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 Contest 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. and (c) a non-exclusive, irrevocable, royalty free, license, in perpetuity, commencing at Contest entry granting Sponsor and its designees the right to use the Submission as specified herein; and (d) any other release deemed necessary. Entry into Contest constitutes agreement to sign such releases. If potential Winner does not sign this release (his or her parent/legal guardian if potential Winner is a Minor) and return it within the time frame specified, the potential Winner may be disqualified, at Sponsor's or Administrator's sole discretion, and the Prizes forfeited. When such documentation is properly executed and providing potential Winner is otherwise in compliance with the Official Rules, potential Winner will be determined to be the Contest winner ("Winner").
Winner must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prize 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. 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 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 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 (or any parent or legal guardian acting on behalf of Winner) will be responsible for obtaining and paying for any form of insurance relating to the Prize that Winner deems appropriate.
Sponsor reserves the right to conduct a background check of any and all records of the potential Winner, including without limitation, civil and criminal court records and police reports, driving records and request the potential winner to participate in a medical and/or psychological evaluation. To the extent necessary under law, potential Winner shall authorize this background check. Sponsor reserves the right, in its sole discretion, to disqualify potential Winner from any Prize element based on the background check.
11. Prize Terms: The date for fulfillment of the Prize will be on or around May 2013, 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 a 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, lodging, meals, snacks and beverages are solely Winner's responsibility. PRIZES ARE 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.
12. Taxes: The Winner 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 Prize not specifically provided for in these Official Rules are solely the Winner's responsibility.
13. 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, lack of significant participation, 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 and to determine the Winners in its sole discretion. If Contest or any part of Contest is terminated or modified prior to the end date of the Contest, notice will be posted on http://uverseonline.att.net/sports/sweepstakes/icw-mavs and the Prize will be awarded to a new a potential Winner to be selected from among all Eligible Submissions received prior to any such event outside of the reasonable control of Sponsor if time permits. 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 submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or submissions 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 submissions 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 submissions, 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 devise 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 submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries 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 entry; (ii) to have tampered with the submission 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 ASSOCATION; AND (III) ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGEMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACORDANCE 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.
14. 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 June 1, 2013. For the name of the Winner and/or Official Rules: (i) send a self-addressed stamped envelope to: The Marketing Arm Inc., Attention: "Go 1 on 1 with Dirk", #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, "Winners List" and/or "Official Rules" on the lower left hand corner of the envelope.
15. Sponsored by: This Sweepstakes is sponsored by A&T Mobility LLC., 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.
16. Administered by: This Contest is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800 Dallas, TX 75201.
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