T-Mobile® Unlimited Cheer Foursquare* Contest
To enter this Contest, you must agree to and abide by these
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS, VALID E-MAIL ADDRESS AND FOURSQUARE ACCOUNT REQUIRED. VOID WHERE PROHIBITED BY LAW.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Foursquare. You understand that you are providing your information to T-Mobile USA, Inc. (“Sponsor”) and not to Facebook, Twitter or Foursquare.
1. Sponsor: T-Mobile USA, Inc., 12920 SE 38th St., Bellevue, WA, 98006 (“Sponsor”).
2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001 (“Administrator”).
3. Eligibility: The T-Mobile® Unlimited Cheer Foursquare Contest ("Contest") is open only to legal residents of the 50 U.S., including DC who are at least 18 years of age or the age of majority in jurisdiction of residence (whichever is older) as of the date of Entry. Void where prohibited or restricted by law. Any individuals (including but not limited to employees) who have, within six months prior to the start date of the Contest, performed services for Sponsor, Big Fuel Communications, LLC, Administrator, or any of their respective parent, affiliated or subsidiary companies (together, “Contest Entities”) or who have within six (6) months prior to the start date of the Contest performed services for any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three consecutive months a year, whether related or not. Sponsor/Administrator reserve the right to disqualify from this Contest any person they believe has intentionally violated these Rules. Contest is offered only in Atlanta, Georgia, Baltimore, Maryland, Chicago, Illinois, Dallas, Texas, Houston, Texas, Las Vegas, Nevada, Los Angeles, California, Miami, Florida, New York, New York, Philadelphia, Pennsylvania, Phoenix, Arizona, and Seattle, Washington as per Rule 4 below (“Territory”). Void outside Territory and where prohibited by law. *Contest is not sponsored, endorsed, authorized or affiliated with Foursquare Labs, Inc.
4. How to Participate: The Contest will take place throughout the day during normal business hours, local time, at select T-Mobile-brand retail locations (i.e., retail locations operating under the T-Mobile name, NOT 3rd party retailers of T-Mobile products/services) in the Territory. The Contest begins on December 5, 2012 at 12:01 a.m. local Territory time and ends on December 20, 2012 local Territory time (“Contest Period”). The Contest will be available in each city within the Territory on different days during the Contest Period.
Once per city within the Territory during the Contest Period, “Carly” (the T-Mobile spokeswoman) will check-in on Foursquare and upload a photo of herself at a T-Mobile-brand retail location. Carly’s check-in on Foursquare will be posted on T-Mobile’s Twitter and Facebook pages. You can find T-Mobile’s Facebook and Twitter pages at https://www.facebook.com/TMobile and https://www.facebook.com/TMobile respectively.
Step 1 – Check-in on Foursquare at the T-Mobile-brand retail location after Carly has checked in to that location.
You must arrive at the T-Mobile-brand retail location Carly checked in to and check-in to the location on Foursquare using the Foursquare application on your mobile device.
Step 2 – Find the Contest Adjudicator.
Once you’ve checked in on Foursquare, you must find the Contest Adjudicator who will verify your check-in on Foursquare. The Contest Adjudicator will be the person in the T-Mobile-brand retail location wearing a black T-Mobile branded shirt and the words “Official Adjudicator” on the back of the shirt.
Steps 1 and 2 will together constitute your entry into the Contest (“Entry”). The first four (4) people to complete an Entry (as verified by the Contest Adjudicator) will receive a prize as per Rule 5 below.
All entries submitted in accordance with these Official Rules shall be hereinafter referred to as "Eligible Entries" or each an "Eligible Entry". Each Eligible Entry will count as one (1) entry into the Contest. All entries must comply with the Foursquare Terms of Service available at https://foursquare.com/legal/privacy. Data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Use of T-Mobile as your wireless carrier is not required to participate in the Contest, nor will use of T-Mobile as your wireless carrier improve your chances of winning.
PERSONS MUST ACT IN A SOCIALLY ACCEPTABLE, APPROPRIATE AND RESPECTFUL MANNER AT ALL TIMES IN PARTICIPATING IN THE CONTEST. THIS INCLUDES REFRAINING FROM HARASSING, BADGERING OR ANTAGONIZING MS. “CARLY”, OTHER CONTESTANTS IN THE CONTEST, OR SPONSOR/ADMINISTRATOR REPRESENTATIVES (INCLUDING T-MOBILE RETAIL LOCATION EMPLOYEES AND T-MOBILE ADJUDICATORS). ENGAGING IN UNRULY OR INAPPROPRIATE BEHAVIOR (AS DETERMINED BY SPONSOR/ADMINISTRATOR IN THEIR SOLE DISCRETION) WILL RESULT IN DISQUALIFICATION AND/OR OTHER LEGAL SANCTIONS.
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (this may include changes by Foursquare Labs, Inc. to its policies and terms and/or any irregularity or impairment in the functionality of Foursquare), Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest Period. In such event, Sponsor reserves the right to conduct such affected Contest Period(s) and award the prizes for such affected Contest Period(s) in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/suspension of the Contest will be posted on the T-Mobile website (www.t-mobile.com). No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries, or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to contestant's or any other person's computer or mobile phone related to or resulting from participation in or downloading any materials from this Contest.
Contestants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE (OR MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY CONTESTANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
5. Prizes, Approximate Retail Value ("ARV") and Odds of Winning:
GRAND PRIZE (1 winner per city within the Territory – 12 winners total): Each Grand Prize winner will receive one T-Mobile “Unlimited Prize Pack” consisting of: (1) Samsung Galaxy Note II with a one (1) year contract for T-Mobile’s Unlimited Value - Talk Premium, Unlimited Data, Talk and Text with Plan and up to 5GB of high speed data and one (1) MOGA mobile gaming controller. ARV: $1,899.99 each.
RUNNER-UP PRIZE (3 winners per city within the Territory – 36 winners total): Each Runner-Up Prize winner will receive one (1) Samsung Galaxy SIII mobile phone with a $50 T-Mobile gift card redeemable for products and services, including without limitation, one (1) month prepaid T-Mobile service and one (1) MOGA mobile gaming controller. ARV: $699.99 each.
ARV of all prizes: $47,999.52.
Limit of one (1) prize per person or household during the Contest Period.
Use of third party trademarks are for purposes of prize description only and such use is not intended to suggest or imply sponsorship, endorsement, or the approval of this Contest. Mobile phone service will not be included for Runner-Up Prizes. Any costs and incidentals not specified herein, including mobile phone service, taxes and fees, are the winners’ sole responsibility. Prize may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value.
Prize elements may be subject to additional restrictions. Gift card component of Runner-Up Prize will be subject to terms/conditions indicated thereon. Sponsor in its sole discretion may award a substitute prize/prize component of comparable or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. Any portion of a prize not accepted by a winner will be forfeited, and the Released Parties (as hereinafter defined) shall not be responsible for any inability of winner to accept or use any portion of the prize for any reason. All applicable federal, state and local taxes are the sole responsibility of each winner. Winners will receive an IRS Form 1099 reflecting the actual final retail value of the prize. Odds of winning depend on your ability to find the T-Mobile-brand retail location where “Carly” is present in a given city within the Territory as compared to that of other contestants.
6. Winner Notification: The first person to complete an Eligible Entry at the selected T-Mobile-brand retail location in a given city within the Territory will be deemed the potential Grand Prize winner for that city. The following three people to complete an Eligible Entry at the selected T-Mobile-brand retail location in a given city within the Territory will be deemed the Runner-Up Prize potential winners for that city. Contestants also have the option of using an Internet connected device, which will be available at participating stores, to check-in on Foursquare. Potential winners will be announced onsite after their entry has been verified. If a potential winner is not present at the time of the announcement or disqualified for any reason, prize will be awarded to the contestant onsite with the next fastest check-in. All prizes will be awarded to eligible contestants onsite at the conclusion of the Contest Period after the Grand Prize has been awarded. Potential winners will be required to sign an Affidavit of Eligibility, Release and Indemnification and a Publicity Release where allowed by law, to be eligible for the prize (“Prize Claim Documents”). A potential winner that cannot or will not sign the Prize Claim Documents will be automatically disqualified, the related prize will be forfeited and Sponsor may, in its sole discretion, select a new potential winner in manner consistent with these Official Rules from remaining Eligible Entries. In the event of any dispute concerning the identity of any contestant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting Foursquare account (as per the records of Foursquare Labs, Inc.). And, award of prize may be conditioned upon contestant furnishing Sponsor/Administrator with satisfactory proof of being the authorized Foursquare account holder.
7. Conditions and Limitations of Liability: By participating, contestants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects and not subject to appeal. Such decisions include but are not limited to whether a contestant’s check-in with the Contest adjudicator at T-Mobile-brand retail location where “Carly” is present is valid and in accordance with these Official Rules. By participating in this Contest, contestants agree to release and hold harmless the Contest Entities, Facebook, Twitter, Foursquare, as well as each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, receipt, possession or use/misuse of any prize. By entering, contestants also authorize the Sponsor and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material or on a winner's list (if applicable) without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation. Contest subject to the laws of the United States only. All federal, state and local laws and regulations apply.
8. Disputes/Choice Of Law: Except where prohibited, and subject to the release and waiver of claims provision herein, contestants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with Contest (excluding any and all disputes, claims, and causes of action arising out of or connected with the prize or the use thereof), or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) waive any right to seek or obtain injunctive or other equitable relief, and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Contest, but in no event attorneys’ fees; and (4) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental, special, exemplary and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestant and/or Sponsor, Big Fuel Communications, LLC and Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
9. Winners List: For the names of winners, mail a self-addressed, stamped envelope to: “T-Mobile Unlimited Cheer Foursquare Contest Winners”, c/o LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001, no later than 12/21/12. Winners lists will be available after 1/15/13.