T-MOBILE ULTIMATE HOME GIVEAWAY INSTANT WIN GAME & SWEEPSTAKES
NO PURCHASE, SERVICE CONTRACT OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN. A PURCHASE, SERVICE CONTRACT OR PAYMENT OF MONEY WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO ALL LEGAL RESIDENTS OF 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 AND OLDER AT TIME OF ENTRY
1. BRIEF OVERVIEW OF HOW THE ULTIMATE HOME GIVEAWAY INSTANT WIN GAME AND SWEEPSTAKES ("PROMOTION") WORKS: The Promotion consists of an Instant Win Game (sometimes referred to as "Game") that starts at 12:00:01 A.M., E.T. on 7/7/08 and ends at 11:59:59 P.M, ET on 7/29/08, or when all Game prizes have been awarded, whichever is earlier and a Sweepstakes ("Sweepstakes") that starts at 12:00:01 A.M., ET on 7/7/08 and ends at 11:59:59 P.M, ET on 7/29/08 (collectively, "Promotion Period"). Each day that you sign-on to the website during the Promotion Period, you will receive one (1) opportunity to play the Game ("Game Play") and one (1) automatic entry into the Sweepstakes. Each Game Play, regardless of whether or not it is a winning Game Play, constitutes one (1) entry into the Sweepstakes. Limit: One (1) Game Play per day per person, regardless of e-mail address used. A day will be deemed to start at 12:00:01 A.M., E.T. and end at 11:59:59 P.M., E.T. of a calendar day. The computer of the independent agency administering this Promotion, PrizeLogic LLC ("PrizeLogic"), shall be deemed to be the official Promotion clock.
2. INSTANT WIN GAME: (A) HOW TO PLAY: Visit www.t-mobileathome.com ("website"), and register by completing all of the requested information, e.g., your name, complete address, date of birth, home phone number, e-mail address and your 10-digit T-Mobile phone number (see details below if you do not have a T-Mobile phone number). You will also be required to answer brief survey questions, the answers to which will have no effect on your chances of winning a Game or Sweepstakes prize. NOTE: To participate if you do not have a T-Mobile phone number, you may click the "Don't Have a T-Mobile Phone Number Click Here" box on the registration page and you will be given a 10-digit phone number that grants you access to play the Game. See Rule 3 below for instructions on how to enter the Sweepstakes if you do not have a 10-digit T-Mobile phone number. After you have successfully registered, each day during the Promotion Period that you go to the website, type in your e-mail address and T-Mobile 10-digit phone number, as instructed and follow the links and instructions to play the Game. Your Game Play result will be instantly displayed and a message will pop-up informing you whether or not you are a potential Game Prize winner ("Game Prize Winner") subject to verification of eligibility and compliance with the terms of these Official Rules. To be a potential Game Prize Winner, your Game Play must have occurred either at the exact randomly predetermined winning time or if no Game Play occurred at the exact randomly predetermined winning time, it must be the Game Play that occurred at the closest time following the randomly predetermined winning time, as declared by Sponsor, in its sole discretion. NOTE: If you sign-on to the website to play the Game after all the Game Prizes have been won, a message will appear stating "ALL GAME PRIZES HAVE ALREADY BEEN WON, BUT BE SURE TO COME BACK TOMORROW FOR ANOTHER CHANCE TO WIN A PRIZE IN THE SWEEPSTAKES." ( INSTANT WIN GAME PRIZES: Game Prize (500): Five Hundred (500) Game Prize Winners will each receive one (1) T-Mobile T-Shirt (Size Large). ARV: $5.00 each; Total ARV of all Game Prizes: $2,500. The Prize is not redeemable for cash and is not transferrable or substitutable, except in its sole discretion, T-Mobile USA, Inc. ("Sponsor") may substitute the Prize with a prize of equal or greater value,. All costs and expenses, including any federal, state, or local taxes, associated with prize acceptance and use are solely the responsibility of the Game Prize Winner. © ODDS OF WINNING: Odds of winning a Game Prize depend on the date and time of Game Play and number of eligible Game Plays. (D) WINNER VERIFICATION: All Game Prize Winners are subject to verification of eligibility and compliance with the terms of these Official Rules as determined by PrizeLogic, whose decisions are final and binding in all matters pertaining to this Promotion. Limits: One (1) Game Play per day per person regardless of e-mail address used. Only one (1) Game Prize per person or household address throughout Promotion Period, regardless of e-mail address used. If you have already won a Game Prize, you are still invited to visit the website on each succeeding day to receive an entry for a chance to win the Sweepstakes. Unclaimed Game Prizes will not be awarded.
3. SWEEPSTAKES: (A) HOW TO ENTER: THERE ARE THREE (3) WAYS TO ENTER THE SWEEPSTAKES: (i) AUTOMATIC ENTRY BY ENTERING YOUR 10-DIGIT T-MOBILE PHONE NUMBER: Each day you visit the website and enter your e-mail address and 10-digit T-Mobile phone number, you will receive an automatic entry into the Sweepstakes, regardless of whether or not you have a winning Game Play or have already won a Game Prize. (ii) ENTRY WITHOUT A 10-DIGIT T-MOBILE PHONE NUMBER: To enter the Sweepstakes without a 10-digit T-Mobile subscription phone number, legibly hand-print your name, complete street address, date of birth, home phone number and e-mail address on a properly stamped postal card and mail to: Ultimate Home Giveaway, 35610 Mound Road, Dept. 251, Sterling Heights, MI 48310-4725. Mail-in entries must be postmarked by 7/29/08 and received by 8/5/08. (iii) VISITING A PARTICIPATING T-MOBILE STORE ON THE JULY 12TH EVENT CELEBRATION: Visit a participating T-Mobile Store on 7/12/08, legibly complete an Official Sweepstakes Entry Form, while supplies last, and deposit it in the Official Entry Box during regular store hours. ( SWEEPSTAKES DRAWING: On or about 8/6/08, a random drawing will be held to select the potential Sweepstakes prize winners ("Sweepstakes Prize Winners") from among the total number of all eligible entries received during the Promotion Period regardless of the method of entry. The drawing will be conducted by PrizeLogic, the independent agency administering this Promotion, and its decisions will be final and binding. © SWEEPSTAKES PRIZES: GRAND PRIZE (1): One Grand Prize Winner will have the option either (i) to receive a check in the amount of Three Hundred Thousand Dollars ($300,000) which the Grand Prize Winner may use towards the purchase of his/her Ultimate Home or for any other purposes as s/he may elect or (ii) to receive a new KB home valued up to Two Hundred Fifty Thousand Dollars ($250,000) ("Prize Home") and $50,000 cash. Maximum Approximate Retail Value ("ARV"): $300,000. The cash portion of the prize will be awarded via a wire transfer to Grand Prize Winner's bank account. At Grand Prize Winner's option, Prize Home is to be built or is to be selected from KB's already built standing inventory, in any of KB's communities in certain metropolitan areas in the markets where KB builds (Arizona, California, Colorado, Florida, Georgia, New Mexico, Nevada, North Carolina, or Texas). Prize Home must have a KB list price (including any options, features, upgrades normally offered with that type of home by KB), as of the time Grand Prize Winner and KB execute a binding agreement for the specific Prize Home, not to exceed Two Hundred Fifty Thousand Dollars ($250,000). There may be a wide variance in the pricing, home size, lot size and other features of the home based on market differences. KB will provide the Grand Prize Winner of the Prize Home the standard and customary warranties and guarantees KB provides purchasers of KB homes. If the Grand Prize Winner selects a Prize Home with a KB list price (including any options, features, upgrades normally offered with that type of home by KB), of less than Two Hundred Thousand Dollars ($250,000), Grand Prize Winner shall only receive the Prize Home and shall NOT receive any compensation for the difference. Grand Prize Winner must sign a binding agreement for the home with KB within one (1) year of winning the Grand Prize. Real estate transfer taxes, deed recording charges, closing costs, and all other costs, taxes, fees and expenses which are not the typical obligation of KB (in the role of seller) pursuant to the real estate conveyancing and financing customs and usage in the locality in which the Prize Home is located, shall be the sole responsibility of the Grand Prize Winner (in the role of buyer) as will all future real estate taxes, homeowner association dues, Mello Roos or similar fees and other expenses related to the maintenance of the house. By way of example, and not limitation, title insurance and homeowner's hazard and liability insurance shall also be the sole responsibility of the Grand Prize Winner. All costs, taxes, fees, and expenses associated with any element of Prize Home not specifically addressed above as being provided are the sole responsibility of the Grand Prize Winner. Sponsor shall not be responsible for construction delay. Any houses shown in connection with this Promotion, or in promotional materials, as well as features/contents thereof are for illustration only and are not the actual Prize Home, or features or contents that will be awarded to the Grand Prize Winner. All federal, state, and local taxes are solely the responsibility of the Grand Prize Winner. Should the Grand Prize Winner elect Grand Prize option ©(i) and utilize the Three Hundred Thousand Dollar ($300,000) cash towards the purchase of a home from a source other than KB Home, neither Sponsor nor any other entity or individual associated with this Promotion has any responsibility or obligation to assist the Grand Prize Winner in the purchase of said home. The potential Grand Prize Winner will be notified by e-mail, phone and/or mail on or about 8/8/08 and must sign, complete and return a notarized Affidavit of Compliance/Eligibility and Publicity/Liability Release (unless prohibited by law) and such other documents as may be requested by Sponsor by 8/14/08 or the Grand Prize will be forfeited in its entirety and, at Sponsor's discretion, an alternate potential Grand Prize Winner will be selected. Regardless of whether the Grand Prize Winner elects Grand Prize option ©(i) or ©(ii), the Grand Prize Winner will be issued a Form 1099 for tax purposes in the amount of the actual retail value of the Prize and must submit his/her Social Security Number, as required by law. FIRST PRIZE (25): Twenty-Five (25) First Prize Winners will each receive a check in the amount of Two Thousand Five Hundred Dollars ($2,500) that s/he may use towards the payment of one month's home mortgage or rent. All federal, state, and local taxes are solely the responsibility of the First Prize Winner. The potential First Prize Winners will be notified by e-mail, phone and/or mail on or about 8/8/08 and must sign, complete and return a notarized Affidavit of Compliance/Eligibility and Publicity/Liability Release (unless prohibited by law) by Sponsor by 8/14/08 or the First Prize will be forfeited and, at Sponsor's discretion, an alternate potential First Prize Winner will be selected. Each First Prize Winner will be issued a Form 1099 for tax purposes in the amount of the actual retail value of the Prize and must submit his/her Social Security Number, as required by law. SECOND PRIZE (100): One Hundred (100) Second Prize Winners will each receive a Hundred Dollar ($100) Gift Card good towards purchases at T-Mobile Stores. All federal, state, and local taxes are solely the responsibility of the Second Prize Winner. Gift Cards must be used in compliance with their terms and conditions and as allowed by law. The potential Second Prize Winners will be notified by e-mail, phone and/or mail on or about 8/8/08 NOTE: Except as stated otherwise above, Prizes are not redeemable for cash and are not transferable or substitutable, except in its sole discretion, Sponsor may substitute the Prize with one of equal or greater value. (D) ODDS OF WINNING: Odds of winning the Sweepstakes will be determined by the total number of all eligible entries received.
4. ELIGIBILITY: All legal residents of the 50 United States and District of Columbia, 18 years and older as of time of entry, are eligible to enter the Promotion except persons who are officers, directors, or employees (and members of household, whether or not related, or their immediate family, i.e. spouse, parent, child, or sibling and their respective spouses, regardless of where they reside and their household members) of Sponsor, KB Home, and their respective parents, affiliates, subsidiaries, franchisees, dealers, distributors, advertising, promotion and web design agencies, including PrizeLogic, Wasserman Media Group, Lyman Group, KB Home, and other individuals/entities associated with this Promotion (collectively, "Released Parties") are not eligible to enter or win.
5. LIMITATIONS OF LIABILITY/INTERNET: In the event any winner is at least 18 years of age but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right, in its sole discretion, to award the prize to his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. Prizes pictured in point of sale, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in point of sale, television and print, advertising, promotional packaging and other Promotion media, the details of the Promotion set forth in these Official Rules shall prevail. Released Parties are not responsible for illegible, lost, late, incomplete, stolen, misdirected, garbled, delayed, misdirected, postage due or undeliverable entries, Game Plays, registrations, prize claims, email or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of registrations, Game Plays, entries or prize claims, the announcement of the prizes or in any Contest-related materials. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by web site users or any web site users, tampering, hacking, or by any of the equipment 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, technical error, theft or destruction or unauthorized access to any website(s). Released Parties are not responsible for any liability whether directly or indirectly, including, without limitation, liability in connection with any injuries, damages or losses of any kind, whether direct or indirect, whether to property or person, including death, related to or arising out of participation in this Promotion and/ or the acceptance, use and/or misuse of any Prize; and they will be held harmless against any such claims of liability. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion (or any portion thereof) and/or proceed with the Promotion in a manner deemed fair and appropriate by Sponsor. If terminated, Sponsor may, at its discretion, award the Sweepstakes prizes from among all non-suspect, eligible entries received up to time of such action. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE ACCOMPANYING THE PRODUCTS BEING AWARDED AS THE PRIZE. IN NO EVENT WILL RELEASED PARTIES AND THEIR RESPECTIVE AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION, INABILITY TO PARTICIPATE IN THIS PROMOTION OR ACCEPTANCE OR USE/MISUSE OF ANY PRIZE.
7. PUBLICITY RIGHTS: By accepting a Prize, each winner, regardless of whether a Game Prize Winner or Sweepstakes Prize Winner, agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his/her name, voice, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
8. GENERAL: By entering this Promotion, participants agree to abide by these Official Rules and the decisions of Sponsor and its agencies, which are final and binding in all matters. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that due to technical, mechanical or other errors, there are more potential winners of a Game Prize than are stated in these Official Rules, a random drawing among the non-suspect, eligible claimants will be held to determine the Game Prize Winner(s) for the prize level at issue. All applicable federal, state and local laws and regulations apply. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry and he/she must comply with these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting with the intent to disrupt the normal operation of this Promotion and void all associated entries. The interpretation of these Official Rules shall be governed by the laws of the State of Washington. Any and all disputes will be resolved individually, without resort to class action, and exclusively by a sole arbitrator in a binding, non-reviewable and non-appealable proceeding conducted in accordance with the Non-Administered Arbitration Rules of the International Institute for Conflict Prevention & Resolution, 575 Lexington Ave., 21st Floor, New York, NY 10022, (2) any such proceeding shall be held in Chicago, IL and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. All entries become property of Sponsor and will not be returned. Void in all jurisdictions other than those included above and where prohibited by law.
9. WINNERS LIST: To obtain the names of the Winners (between 8/15/08 and 9/30/08), send a self-addressed, stamped envelope to: T-Mobile Ultimate Home Giveaway, PrizeLogic Winners List Request, PO Box 757, Sterling Heights, MI 48311-0757.
SPONSOR: T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue, WA 98006 is the only Sponsor of this Promotion. KB Home is not a sponsor of this Promotion.
© 2008 T-Mobile, USA, Inc. All rights reserved.
Edited by Miranda, 21 July 2008 - 08:44 AM.