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ELIGIBILITY:
The B4P Auction SWEEPSTAKES ("Sweepstakes" or "Promotion") is open and offered only to legal residents of the United States or the District of Columbia who are 18 years of age or older at the time on entry. Void where prohibited by law. Employees, officers and directors of New Motion, Inc., ("Sponsor" or "New Motion"), and KS Promotions, Inc. ("KSP"), their respective parents, affiliates, subsidiaries, advertising and promotion agencies, Web masters/suppliers, and printing suppliers for this Promotion, and other entities responsible for the development, promotion, distribution and implementation of this Promotion, and the immediate family members (parents, siblings, children and spouse), regardless of where they live, and/or persons living in the same household (whether related or not), of such employees, are ineligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating you agree (and if you are a minor in your jurisdiction of residence ["minor"] your parent/legal guardian agrees) to these Official Rules and the decisions of KSP, the Sweepstakes Administrator, and/or Sponsor which are final and binding in all respects. Residents of the states of Georgia, Louisiana, Minnesota, North Dakota and Tennessee and persons whose cell phone numbers contain an area code assigned to any of these states may not participate in the Promotion via text message.
PROMOTION PERIOD:
Promotional period begins on 8/1/09 at 12:00:01 a.m. Pacific Time ("PT")and ends on 7/31/10 at 11: 59:59 p.m. PT ("Promotion Period"). A month begins at 12:00:01 a.m. PT on the first calendar day of a month and ends at 11:59:59 p.m. PT on the last calendar day of the month. A day begins at 12:00:01 a.m. PT and ends the following 11:59:59 p.m. PT. The Promotion computer is the official time keeping device for the Promotion. Whether you participate as a premium text message subscriber, on-line participant at the Web site, or you participate using both methods, will have no effect on your ability to participate or win.
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REGISTER TO PLAY:
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Register to Play Via Text Message
(i) Becoming A Text Message Participant:
You may register to become a text message participant ("Text Message Participant") in the Promotion in one of five ways: (1) by continuing your pre-existing Premium SMS Subscription during this Promotion Period; (2) by texting the word "win" or responding to an advertisement for this Promotion by texting the keyword in the advertisement to 81000 (or 88230 for first time AT&T subscribers as of 11/1/07 or 81000 for first time Cricket subscribers as of 9/1/08 or to other Short Codes that may appear in advertisements for this Promotion ); (3) by registering at the Promotion Web site www.bid4prizes.com or www.b4p.com (the "Web Site") as a Text Message Participant; (4) by responding to an online advertisement and following the directions of the advertisement for text message participation; or (5) when available, by calling, from your cell phone, a toll free telephone number, that may appear in advertisements for this Promotion, and following the instructions as prompted. Your cell phone number and wireless service provider/carrier (if applicable) will be automatically captured in the Promotion database and all participation will be limited to that phone number unless you notify sponsor of a change. To notify Sponsor of a change in your phone number, please go to the Web Site or contact customer service at (800) 861-7414. Regardless of which method used to register, if you elect to become a Premium SMS subscriber as hereinafter defined, you must follow the steps described in Rule 2(A)(ii) below in order to complete the process of becoming a Premium SMS Subscriber, as hereinafter defined.
IMPORTANT NOTICE: If you register to become a Text Message Participant in this promotion by any of the methods listed in subparagraphs (2) – (5) above, but do not elect to become an SMS Premium Subscriber, you will be enrolled as a non-premium text subscriber. ("Non-Premium Text Subscriber"). Non-Premium Text Subscribers will not be eligible to place Guesses via text message, and will receive up to 2 daily advertiser supported text messages from Bid4Prizes. Non-Premium Text Subscribers may opt-out at any time by sending the text message "STOP" to 81000 (or 88230 for first time AT&T subscribers as of 11/1/07 or 81000 for first time Cricket subscribers as of 9/1/08).
(ii) Becoming An SMS Premium Subscriber
To place Guesses via text message, as described in Rule 3, below, you must be a registered subscriber ("Premium SMS Subscriber") in Sponsor’s text message subscription plan (the "SMS Subscription Plan"). If you are not a current Premium SMS Subscriber, you may become one by beginning the Text Message Participant registration process as described in Rule 2(A)(i) above. Next, you will receive a text message from the Sponsor asking if you wish to participate in the SMS Subscription Plan. Follow the instructions in the text message you receive from the Sponsor to become a Premium SMS Subscriber.
(iii) The SMS Automatic Renewal Subscription Plan
The SMS Subscription Plan is a monthly automatic renewal subscription service that, among other features, entitles you to place 30 Guesses each day for a monthly fee of $9.99, automatically charged to your wireless phone bill. The SMS Subscription Plan will automatically renew each month, on the monthly anniversary of your date of enrollment, and the monthly fee will be automatically charged to your wireless phone bill each month, unless you cancel, whether or not you actually participate in the Promotion by text message during that month. You may cancel the SMS Subscription Plan at any time by sending the text message "STOP" to 81000 (or 88230 for first time AT&T subscribers as of 11/1/07 or 81000 for first time Cricket subscribers as of 9/1/08). Monthly fees are not refundable and will not be pro-rated in the event a cancellation request is received after the fee for that month has been billed. For help, text HELP to 81000 (or 88230 for first time AT&T subscribers as of 11/1/07 or 81000 for first time Cricket subscribers as of 9/1/08). If you have questions, please contact customer service at (800) 861-7414. If you choose to cancel your SMS Subscription Plan it will not affect your ability to play for free on the www.bid4prizes.com Web site. YOU CAN PARTICIPATE IN THE PROMOTION AT ANY TIME WITHOUT PURCHASE AT www.bid4prizes.com or www.b4p.com.
(iv) Text Message Service/Carrier Fees:
Cell phone or text message service may not be available in all areas. While text message participation is designed to work with most major wireless carriers, Sponsor cannot guarantee that any particular wireless service will be compatible with this Promotion. To participate you may use the following wireless services: Alltel, Boost, AT&T, Nextel, Cricket, Sprint, and US Cellular. Sponsor may change wireless services at any time and from time to time. Sponsor reserves the right to add or delete any of the Short Codes set forth in these Official Rules at any time and from time to time. To participate using text messaging, your mobile phone must be capable of sending and receiving text messages. Wireless service providers may charge a fee under their cellular service contract or service provider agreement for each text message sent and received in connection with the Promotion. You may incur text messaging charges in connection with attempted "entries/Guesses", Promotion messages, and corresponding error messages or other messages even if the entries/Guesses or messages do not go through for any reason whatsoever. These charges are in addition to the monthly subscription fee. Participants are solely responsible for all fees and taxes incurred through their wireless phone service, for text messages or otherwise, associated with participation in this Promotion.
(v) SMS Subscription Plan Benefits
SMS Premium Subscribers will receive one (1) free downloadable premium PC game per month, the selection of which will be determined at Sponsor’s discretion. When you log into your account at www.b4p.com or www.bid4prizes.com a link to the downloadable game will be present on your "my account" page that will allow and instruct you on how to download the game.
Premium SMS Subscribers will also be eligible to accrue points for various activities as determined by Sponsor ("Points"). Points may only be used to purchase items available at the Bid4Prizes Rewards Store, and are described in further detail in Rule 6 below.
In addition, SMS Premium Subscribers will also receive the benefit of Sponsor’s Automatic Guessing Service. On any day during the Promotion Period that an SMS Premium Subscriber has not placed the permitted maximum of 30 Guesses (whether by text message, the internet or a combination of both), as of 11:59:59 P.M. (PT), the Promotion Computer will randomly place one (1) Guess for the SMS Premium Subscriber for that day but no more than 15 per month per user. (the "Automatic Guesses"). The Automatic Guesses will be made on or about 11:59:59 p.m. PT each day. The Automatic Guesses will be made on products that are randomly selected and only on products that are open for Guess at the time the Guess is made. The automobile prize will not be available for the Automatic Guessing Service. All Automatic Guesses made will be for amounts within a range calculated pursuant to a formula determined and uniformly applied by Sponsor. Hints will not be provided for these Automatic Guesses except that if a new unique low Guess is established, both the new unique low Guesser and the former unique low Guesser will be notified. Sponsor reserves the right to terminate or modify the Automatic Guessing Service, in its sole discretion, at any time during the Promotion Period.
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Register to Play by Internet
No purchase or SMS charges necessary. To register for and participate in the Promotion without using a cell phone or incurring SMS charges ("OnLine Participant") visit the Web Site (www.bid4prizes.com or www.b4p.com) and complete the online registration form. Then follow the directions at the Web Site.
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PLAYING AND WINNING:
During each month of the Promotion Period, various Auction Prizes will be offered as described more fully in Rule 7 below. The Auction Prizes available for any month, including a prize description and any terms or restrictions on the Auction Prize, will be posted on the Web Site on the first day of each month together with the day and time Playing will begin and end for that Auction Prize. (the "Playing Period").
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To Play via Text Message: To Guess on an Auction Prize via text message, you must be a Premium SMS Subscriber. First, go to main menu select "Messages"... then select "Text Messages" and then select Create/New Message. Text the designated keyword for a specific prize (e.g., MAUI for the Grand prize) and your Guess for that prize to the short code 81000 (or 88230 for first time AT&T subscribers as of 11/1/07 or 81000 for first time Cricket subscribers as of 9/1/08). Guesses must be made in whole numbers (for example: to guess 250 on the Grand Prize prize, text MAUI 250 to the short code, to guess 23, text MAUI 23 to the short code; or to guess 5568, text MAUI 5568 to the short code). Premium SMS Subscribers may occasionally receive a text message advising of the prize for a certain day, with the key word and short code to Guess for that Prize. To receive a list of the next prizes available, text LIST to the short code. (Standard text messaging rates apply to each Guess submitted via text message).
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To Play on the Web Site:
To Guess on an Auction Prize via the Web Site, go to www.bid4prizes.com or www.b4p.com and follow the on-line instructions to submit a Guess. All Guesses must be received during the Playing Period for that particular Auction Prize to be eligible for that Auction Prize. Once a Guess is made it cannot be changed, altered, modified, withdrawn or retrieved. At the end of each Playing Period, the eligible participant who has submitted the Lowest Unique Guess (as hereinafter described) for a particular Auction Prize which has been received and recorded by the Sponsor’s computer by the close of Playing Period for that Auction Prize will be deemed the Winner, subject to verification of eligibility and compliance with the Official Rules.
The "Lowest Unique Guess" is defined as the lowest guess in a whole number format for the Prize that is closest to the number one that has not been selected by another Promotion participant. Guesses cannot be made in fractions of numbers. For example, the Lowest Unique Guess will be determined as follows: Guess 1: 250; Guess 2: 250; Guess 3: 251; Guess 4: 251; Guess 5: 252; Guess 6: 253; Guess 7, 253; Guess 8 254, then Guess 5 would be the Lowest Unique Guess. Regardless of method of entry, you will receive tips helping you to determine what the lowest unique Guess is at that time.
In the event a potential Winner decides not to accept or forfeits the Auction Prize, or is disqualified for any reason, the entrant with the next Lowest Unique Guess will be deemed the Winner, subject to verification and compliance with these Official Rules. In the event there are no Lowest Unique Guesses, Sponsor will choose the Winner by random drawing from all eligible Guesses received for that particular Auction Prize. All Winners and Guesses are subject to verification and compliance with these Official Rules. Limit 30 Guesses per person, cell phone and email address per day, irrespective of the method of Guessing. Except for Sponsor’s Automatic Guessing Service, each Guess must be manually key stroked by the participant submitting the Guess. Any use of robotic, automatic, macro, programmed, third party, bot or like Guessing, or Point accrual by such method and any participant using any such method will be disqualified and may be disqualified from any other Promotion sponsored by Sponsor.
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PROMOTION NOTIFICATIONS:
During the Promotion, participants who have placed Guesses on particular prizes may, at any time and at the sole discretion of the Sponsor, be sent messages, either to their cell phone or email address, concerning, for example but not limited to, the prize upon which the Guess has been placed, the participant’s Guess, and hints concerning prizes and Guessing. Participants may also be sent messages which are generally applicable to the Promotion. These messages will be sent for delivery to the contact provided by the participant, for example, the cell phone number provided by Text Message Participants and the email address provided by the OnLine Participants. Text Message Participants may incur text-messaging charges from their wireless service provider in connection with these messages, your responses to the messages, if any, and corresponding error messages even if the messages are not received by your cell phone.
- WEBSITE REGISTRATION AND ESTABLISHING A PROMOTION ACCOUNT:
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Registration
While it is possible to become a Text Message Participant and to place a Guess by text message without registering at the Web Site, registration at the Web Site is required to (1) claim a prize, and (2) establish and access a Promotion Account to make purchases with Points at the Bid4Prizes Rewards store. To register at the Web Site, go to www.bid4prizes.com or www.b4p.com and follow the directions to complete the registration form. You will be asked to provide your name, full address with zip code, email address, gender, phone number and date of birth and to select a password and user name. You will also be requested to provide your cell phone number and email address. You must complete the field for your cell phone number to submit Guesses by text message and you must complete the field for your email address to submit Guesses over the Internet and/or you must complete both fields to submit Guesses by both methods. Unless subsequently changed, your registered cell phone number and email address will be the only cell phone number and email address from which you can participate. Should you change your cell phone number or email address at any time, you must notify Sponsor of the change by following the directions on the Web Site.
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Tell A Friend Points
Premium SMS subscribers who register at the Web Site will also be given the opportunity to earn additional points by providing the current valid email addresses of up to 10 natural persons who you believe would be interested in participating in the Promotion. We will send an email on your behalf telling those persons about the Promotion. Please provide the email addresses only of those persons with whom you have either personal or professional relationships, who you feel would be interested in hearing about the Promotion, and who would be eligible for the Promotion. Should you provide the name of any person other than as stated, you may be disqualified. For each person who you referred, who registers at the Web Site for the Promotion, 100 Points will be deposited into your Promotion Account (as hereinafter defined). If more than one Premium SMS Member provides a particular email address/person, and the referred person registers for the Promotion, that person’s registration will only be credited to the Premium SMS Member who first provided the email address of that person.
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About Passwords and Username
Various activities, as solely determined by Sponsor, may require the use of your password and username. If at any time you forget your password and/or username, you may gain access to either by clicking on the "Forgot Your Password" link on the Promotion Web Site. Follow the on-screen instructions and your password and/or username will be emailed or sent by text message to you. You are solely responsible for the security of your password and username. You should take precautions to keep them private to prevent unauthorized use. Neither Sponsor, KSP nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a password and/or username. There is a limit of one password and username per person, cell phone number and email account. If you are participating both by text message and at the Web Site the same password and nickname must be used for both methods of participation. Should any participant attempt to use more then one password and/or username, that participant may be disqualified.
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Promotion Account
When you register at the Web Site a "Promotion Account" will be established for you. If you are a Premium SMS Subscriber, you may earn Points as set forth in Rule 6, below, and such Points will be deposited into your Promotion Account. If you are a Premium SMS Subscriber who has not registered at the Web Site, Points will be maintained in conjunction with your cell phone number. However, to access those Points you must register at the Web Site, have a Promotion Account established, and the Points will only then be transferred to that Promotion Account. To access your Promotion Account in order to redeem Points, you will be required to access your Promotion Account by following the directions and using your password and username. There is a limit of one Promotion Account per person, cell phone number and email account. If you are submitting Guesses both by text message and at the Web Site, the same Promotion Account must be used for both methods of participation. Should any participant attempt to use more then one Promotion Account, that participant may be disqualified.
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POINTS:
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a. (a) Points may be accrued by Premium SMS Subscribers for various activities as determined by Sponsor. Points may only be used to purchase items available at the Bid4Prizes Rewards Store. Points earned during this Promotion must be redeemed by January 31, 2009 or they will expire. For the items available and the terms, conditions and limitations of items access www.bid4prizes.com or www.b4p.com and click on the store icon, banner, text link or tab. The items offered at the store may change any time and from time to time, as solely determined by Sponsor. Items purchased will only be delivered in the 50 United States or District of Columbia. Shipping and handling charges may apply and will be posted for each item in the store. If not otherwise stated for a particular item, allow 6 to 8 weeks for shipment. When an item is purchased the number of Points required for the purchase will be automatically removed from the Promotion Account and once removed will not be returned to the Promotion Account.
(b) The sale, trading, transfer, assignment, combining, or barter of any Points is prohibited. Points have no cash value, and may not be purchased or redeemed for cash or credit. Points may only be used as stated in these Rules. Notwithstanding anything to the contrary in the foregoing, Sponsor, at its sole discretion, may make Points available for purchase (but will not be obligated to do so), at any time and from to time on terms and conditions solely established by Sponsor.
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AUCTION PRIZES/ODDS:
During each month of the Promotion Period, Auction Prizes in the following categories may be offered: Camcorders, Car Audio, Home Audio, GPS System, Computer Hardware, Computers, Digital Cameras, Home Video, MP3 players, Gaming and Accessories, Travel, Jewelry, Gift Cards, Home Appliances, and Cash in the form of a check. Sponsor reserves the right to add, delete or modify the prize categories in its discretion. One (1) prize will be offered each day during the Promotion Period. The particular prize to be offered each day will be determined by Sponsor in its sole discretion. The particular prizes to be offered each month will be posted on the Website on the first day of the month in which they are offered. The total Approximate Retail Value (“ARV”) of the prizes offered will be between $2,500 and $10,000 per month. Sponsor will also offer one (1) Grand Prize, consisting of a trip for two (2) to Maui, valued at $5,000 during the Promotion .The Playing Period for the Grand Prize will commence at 12:00:01 a.m PT on 8/01/09 and end on a date to be determined by Sponsor in its sole discretion. The end date of the Playing Period for the Grand Prize will be posted on the Website on the first day of the month in which such end date will occur. Sponsor also reserves the right, but not the obligation, to offer up to an additional two (2) prizes per day in any month provided that the total Approximate Retail Value for those additional prizes shall not exceed $$10,000 in any month. Should such additional prizes be offered they will be posted on the Web Site on the first day of the month in which they are offered. There is a limit of one Auction Prize per person, household, family, cell phone number, email address or Account within each consecutive 30 day period.
Odds: The odds of winning any Auction Prize depends on the number of eligible Guesses for that Auction Prize and the amount of each Guess. IF NO ELIGIBLE GUESSES ARE RECEIVED FOR A PRIZE THAT PRIZE WILL NOT BE AWARDED.
CONDITIONS FOR ALL PRIZES:
Expenses not stated are the sole responsibility of the prize winner. If a winner cannot accept a prize as stated, prize may be forfeited in its entirety and awarded to an alternate winner. No assignment, transfer or substitution, or cash redemption of prize is permitted, but Sponsor reserves the right to substitute any prize with one of equal or greater value should prize become unavailable or out of stock. Unless otherwise stated, prizes do not include accessories for the prize. Allow 8-10 weeks for shipment of the prize. If a winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner’s parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner. All taxes are the sole responsibility of the winner.
GRAND PRIZE CONDITIONS:
Grand Prize trip for two (2) to Maui consists of round trip coach air travel for two from a major commercial airport near winner’s residence to Maui, HI; 6 days/5 night stay at The Ritz Carlton Kapalua (standard room/double occupancy); Mid-size car rental for 5 days; daily breakfast buffet and $500 spending cash. Trip must be booked at least thirty days in advance and used within one year of date awarded. Winner and guest must travel on the same itinerary. If winner and guest cannot travel on the dates specified by the Sponsor, the prize will be forfeited and an alternate winner will be selected. Blackout dates and restrictions for air travel may apply. All travel arrangements must be made through Sponsor. Winner will be responsible for obtaining all necessary insurance, and is responsible for all gratuities, meals, ground transportation, and any other incidental costs or expenses not identified in these rules. Approximate retail value of prize package may vary, depending on the point of departure. The actual value of trip may differ from the value stated and any difference between the stated value and actual value will not be awarded. If winner is a minor in his/her jurisdiction of residence, he/she must travel with his/her parent/legal guardian. Travel and accommodations are subject to availability, change, restrictions, and black-out periods may apply.
POTENTIAL WINNER NOTIFICATION FOR ALL PRIZES:
The potential winner will be notified at the phone number or email address provided by the potential winner during registration, for example, the cell phone number provided by Premium SMS Subscribers or the email address provided by OnLine Participants (or in such other manner as determined by Sponsor) on or about seven (7) business days after determination of lowest unique Guess and winner for an Auction Prize. Potential winner will be contacted each day for three (3) consecutive business days. If the potential winner does not respond to the notice within three (3) days after the Sponsor has made its final attempt to notify the potential winner, that potential winner will be disqualified and the prize will not be awarded. To claim a prize you must first be registered at the Web Site.
DISCLAIMER OF WARRANTIES FOR ALL PRIZES:
RELEASEES (AS DEFINED IN RULE 12, BELOW) HAVE NOT MADE, DO NOT MAKE, NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE INCLUDING BUT NOT LIMITED TO ITS QUALITY; AND ANY WARRANTY, REPRESENTATION OR GUARANTEE FOR ANY PRIZE SHALL ONLY BE THAT WRITTEN LIMITED WARRANTY, REPRESENTATION OR GUARANTEE, IF ANY, PROVIDED BY THE PRIZE’S MANUFACTURER OR PROVIDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY SPONSOR, EITHER EXPRESS OR IMPLIED, AND RELEASEES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
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GENERAL CONDITIONS:
Each potential winner, and potential winners’ parent/legal guardian if potential winner is a minor, may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and, where lawful a Publicity Release within seven (7) days of date on notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if a potential winner does not respond timely to a notification, or if winner is found to be ineligible, or otherwise not in compliance with these Official Rules, disqualification may result and an alternate winner selected. Each winner (and winner’s parent/legal guardian if winner is a minor), grants to Sponsor, (and agrees to confirm that grant in writing) and those acting pursuant to Sponsor’s authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, in perpetuity, the winner’s name, portrait, picture, voice, likeness, statements, and biographical information for advertising, trade, commercial and promotional purposes without notification, approval or review, and without additional consideration, unless prohibited by law. Participation in this Promotion constitutes acceptance and agreement by participants to the terms of these Official Rules. By participating, participants (and participants parent/legal guardian if participant is a minor), release and agree to hold harmless Sponsor, New Motion, Inc., KS Promotions, Inc. their respective parents, affiliates, subsidiaries, advertising and promotion agencies and all of their respective directors, officers, employees, representatives and agents (individually and collectively "Releasees") from any and all liability for any injuries, loss or damage (whether due to negligence or otherwise) of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Promotion related or travel related activity, or participation in this Promotion. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages, other than the actual cost of participating in this Promotion.
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RESERVATION OF RIGHT TO MODIFY:
Sponsor reserves the right to suspend, modify, alter or terminate the Promotion if any federal or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in the current enforcement policy affects the legality of the Promotion, in whole or in part.
Any attempt by a participant to deliberately damage the Promotion site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws. Sponsor reserves the right to prosecute and seek damages to the fullest extent of the law.
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LIMITATIONS OF LIABILITY:
Releasees are not responsible for lost, late, incomplete, stolen, misdirected, postage due, separated or illegible, mail, entries, Guesses or email or Point accruals; or for any computer, telephone, satellite, cable, network, electronic, Internet, or wireless hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, jumbled, or dropped, transmissions, phone calls, service provider/Internet/Web Site/wireless/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, entry, Guessing, Point accruals or other information, or the failure to capture, or loss of, any such or similar information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web Site users, wireless phone users or tampering or hacking, or by any of the equipment, phones or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Web Site or wireless phone operation. Releasees are not responsible for injury or damage to participants’ or to any other person’s computer or cell phone related to or resulting from participating in this Promotion or downloading materials from or use of the Web Site or participation by cell phone. If, for any reason, this Promotion, as determined by Sponsor or KSP, or any part thereof, is not capable of running as planned by reason of infection by computer or cell phone or virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor and/or KSP, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, and award the prizes in a manner deemed fair and appropriate by Sponsor. Any individual found as solely determined by Sponsor and KSP to be tampering with the entry process or the operation of the Promotion or Web Site or cell phones; to be in violation of the Terms of Service of the Web Site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person may be disqualified. Any use of robotic, automatic, macro, programmed, third party or like entry or Guessing (except for Automatic Guesses as specifically permitted in Rule 2), or Point accrual methods will void all such entries and Guesses and Point accrual by such methods, and any participant using or suspected of using any such method, in the sole discretion of Sponsor, will be disqualified and Sponsor reserves the right to refuse to award any Prize to which such person may be entitled. In the event of a dispute as to the identity of an entrant entering via the methods set forth above, the authorized account holder of the cellular phone number or email address used to enter (as applicable) will be deemed to be the entrant and must comply with the Official Rules. "Authorized Account Holder" of a cellular phone is the natural person to whom the cell phone number is assigned by the cellular wireless phone provider, and the Authorized email account holder of an email address will be deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate eligible prize claimants for that prize. In the case of any irregular Guess, the sole liability and responsibility of Releasees is replacement with another Guess, while supplies last.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.bid4prizes.com or www.b4p.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL 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.
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DISPUTE RESOLUTION/CHOICE OF LAW:
As a condition of entering the Promotion, entrants, (or parent/legal guardian if participant is a minor) agree that: 1) under no circumstance will entrant 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; 2) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys fees.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants and Sponsors in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California. Sponsors' decisions as to all matters related to the administration of the Promotion are final.
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PRIVACY:
Any personal information provided will be subject to the Privacy Policy of www.bid4prizes.com or www.b4p.com. To read the Policy access the Web site and click on the Privacy Policy link.
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WINNERS LIST:
For names of winners, send a self-addressed stamped envelope by October 31, 2010 to: B4P V4 Sweepstakes Winners List, P.O. Box 8, Carlsbad, CA 92018-0008. For Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by October 31, 2010. The names of winners may also be posted at www.bid4prizes.com www.b4p.com.
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SPONSOR:
Atrinsic., 469 7th Avenue, New York, NY, 10013