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NO PURCHASE OR CELL PHONE NECESSARY TO PARTICIPATE. PURCHASE ON CELL PHONE DOES NOT INCREASE CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY
The IDJ MOBILE Sweepstakes ("Sweepstakes" or "Promotion") is open only to legal
residents of the 50 United States and the District of Columbia who are 13 years of age
or older and is the "Authorized Account Holder" of a cellular phone number,
specifically, the natural person to whom the cell phone number is assigned by the
cellular wireless phone service provider by 6/20/07 at 12:01 a.m. Pacific Time.
Employees, officers and directors of Flycell Inc. ("Sponsor"), and KS Promotions,
Inc. ("KSP") those responsible for the development, promotion, distribution and
implementation of this Promotion, their respective parents, affiliates, subsidiaries,
advertising and promotion agencies, web masters, and printing suppliers for this
Promotion, and the immediate family members (parents, siblings, children and spouse),
regardless of where they live, or persons living in the same household, whether
related or not, of such employees, officers and directors are ineligible. By
participating you agree (and if you are a minor your parent/legal guardian agrees) to
these Official Rules which will be posted at www.flycell.com/idjmobile ("Web site")
throughout the Promotional Period stated in Rule 2 and the decisions of KSP, the
Sweepstakes Administrator, and/or Sponsor which are final and binding in all respects.
Void where prohibited.
2. PROMOTIONAL PERIOD
Promotional period begins on 4/28/08 at 12:01 a.m. Eastern Time ("ET"),
and ends on 5/22/08 at 11:59:59 p.m. (ET) ("Promotional Period"). The Promotion
computer is the official Promotion time keeping device.
3. ENTRY
There are two ways to participate - Text Message and Mail:
(a) By Online/Text Message: Click on an online advertisement or advertising banner for
the Promotion and you will be taken to the Promotion landing page. On the landing
page, follow the directions to enter your mobile phone number, and agree to the terms
of service, Official rules and privacy policy (there will be links to all three for
ease of access to each) by placing a clicked check mark in the box provided and click
on the "CONTINUE" button. When you click on the "CONTINUE" button a unique pin number
will be sent to your cell phone. Further, when you click on the "CONTINUE" button a
page will be displayed directing that you enter the pin number. When you enter the pin
number and click on the "CONTINUE" button provided, and your pin number is received
and recorded by the Promotion computer by 5/22/08 at 11:59:59 p.m. (ET), you will
receive one entry into the Sweepstakes and be subscribed to the IDJ Mobile program
which is an Automatic Renewing Subscription Plan (sometimes "Plan").
For information
about this Plan see Rule 3 (c), below. While text message participation is designed to
work with most major wireless carriers, Sponsor cannot guarantee any particular
wireless service will be compatible with this Sweepstakes or the Plan. 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 Sweepstakes or the Plan. You may incur text-messaging charges in
connection with attempted entries, messages and corresponding error messages even if
their attempted entry or message does not go through. Participants are solely responsible
for all fees incurred through their wireless phone service, for text messages or
otherwise, associated with participation in this Sweepstakes or the Plan.
(b) Free Method Of Entry By Mail: Hand print your name,
address and cell phone number on a 3" X 5" piece of paper, and the words IDJ Mobile
and either "Chicago" or "Los Angeles" (for the drawing in which you wish to be
entered) in the lower left hand corner and mail in a first class stamped envelope to:
IDJ Mobile Sweepstakes, P.O. Box 8, Carlsbad, CA 92008-0008. Entries for 5/12/08
Chicago drawing must be received by 5/11/08. Entries for 5/23/08 Los Angeles drawing
must be received by 5/22/08. You will receive one entry into the Sweepstakes.
(c) About IDJ Mobile Automatic Renewing Subscription Plan:
IDJ Mobile is an automatic renewing subscription plan premium service powered by
Flycell. Flycell Services are available at websites on the world wide web owned
and/or operated by Flycell or its affiliates (the "Sites") and offers 20 credits to
download or receive mobile content that is updated from time to time and includes
mobile entertainment, such as ringtones, wallpaper, games, text alerts and graphics
(collectively, the "Downloads") as well as participating in an online social
networking website (collectively, the "Services"). PLEASE NOTE THAT THE SOCIAL
NETWORKING WEBSITE IS FREE OF CHARGE BUT ALL OTHER SERVICES, INCLUDING THE DOWNLOADS,
ARE PAID SERVICES. We make no representation as to compatibility of your wireless
phone with our Sites. The monthly fee of $9.99 per month includes 20 credits used to
download products and services including ringtones, wallpapers, games, applications,
and SMS services. (For T-Mobile customers, games and applications are not supported.)
Charges will be billed to the user's mobile phone bill. Other charges may apply.
By completing the registration process, you authorize Flycell to charge the
appropriate fees (including taxes or premium surcharges) to your mobile telephone
invoice, as selected by you, and if you select the monthly fee subscription plan, you
authorize the continued billing each month until you cancel such subscription. If
your billing information changes (e.g., new cell phone number or change of carrier),
you must update that information in "My Account." If you cancel your account or
subscription for any reason, Flycell will not refund any of your fees paid to date.
Monthly subscribers are billed on a 30-day cycle, which begins on the first day you
sign up for the subscription and ends 30 days thereafter (each, a "Subscription
Month"). We will issue a charge to your cell phone invoice on the first day of each
Subscription Month.
The charges will be billed to your wireless phone bill. You confirm you are the owner
of the phone or have permission of the owner to incur these charges. If you are
under 18 you confirm that you have parental permission and consent to incur these
charges. You understand that you will be charged these fees regardless of whether
you complete your Downloads. Do not enter your personal PIN code unless you have
read, understand and agree to these terms and conditions. Customers may stop this
subscription service by sending the word STOP IDJ in a text message to number 69999
or by contacting Customer Care at 1-800-580-0017. Subscription cancellation will
become effective at the conclusion of the Subscription Month in which we receive
the cancellation request for monthly subscribers.
WHETHER OR NOT YOU CHOOSE TO BECOME AN IDJ MOBILE SUBSCRIBER OR STOP YOUR
PARTICIPATION AS AN IDJ MOBILE SUBSCRIBER WILL HAVE NO EFFECT ON YOUR ABILITY TO
PARTICIPATE IN THE SWEEPSTAKES.
For additional details see
www.Flycell.com/idjmobile.
(d) Limit One Entry Per Person/Cell Phone Number, Regardless Of Method Of Entry.
Any attempt by any participant to obtain more than one (1) entry in accordance with
the above methods, by using multiple/different addresses, cell phone numbers,
identities or any other methods will void all of that participant's entries and
that participant will be disqualified from the Sweepstakes.
No responsibility is assumed for any lost, late, misdirected, incomplete,
illegible, postage due or non-delivered entries, mail, or text messages; or
computer, telephone, wireless, cable, network, satellite, electronic or Internet
hardware, cell phone or software malfunctions, failures, connections, availability
or garbled or jumbled, lost or dropped transmissions, or service provider/Internet/
web site/use net/wireless accessibility or availability, traffic congestion, or
unauthorized human intervention or the incorrect or inaccurate capture of entry or
other information or the failure to capture, or loss of, any such information.
4. DRAWINGS
Two potential winners for the Promotion will be selected by random drawing from all
eligible entries received for each drawing. There will be two drawings in the
Promotion on or about 5//12/08 (for Chicago Concert) and on or about 5/23/08 (for
Los Angeles concert). To be eligible for either drawing, if by text message/on-line
pin number entry, your pin number must be received and recorded by the Promotion
computer by 11:59:59 p.m. ET on 5/111/08 for the first drawing (Chicago) and
11:59:59 p.m. ET on 5/22/08 for the 2nd drawing (Los Angeles). If entry is by mail,
entry must be RECEIVED by 5/11/08 for the 1st drawing (Chicago) and by 5/22/08 for
2nd drawing (Los Angeles). Potential winners will be notified by phone within
twenty-four (24) hours of the drawing. Drawings will be conducted under the
supervision of KSP, an independent judging organization, whose decisions on all
matters related to these Official Rules shall be final. Non-winning entries for
the first drawing will be carried forward to the next drawing. No assignment,
transfer or substitution of any prize is permitted, but Sponsor reserves the right
to substitute any prize with one of equal or greater value should a prize become
unavailable. If a potential 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.
5. PRIZES/ODDS
Two (2) Grand Prizes:
Each trip consists of round trip coach air travel for two from a major commercial airport
near winner's residence to city of concert won (Chicago or Los Angeles);three (3)
days/ two (2) nights; standard hotel accommodations (double occupancy); and two (2)
tickets to the Kanye West Glow in the Dark Concert. (ARV $2225/Package.) Please note:
Los Angeles winner must be able to travel on 6/6/08-6/8/08 and the Chicago winner must
be able to travel 5/22/08-5/24/08. 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, provided sufficient time exists.
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.
Prize cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor,
in its sole discretion may substitute a prize of equal or greater value if prize becomes
unavailable for any reason. All Federal, State and local taxes on or relating to the
prize are the sole responsibility of winner.
Prize cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in
its sole discretion may substitute a prize of equal or greater value if prize becomes
unavailable for any reason. All Federal, State and local taxes on or relating to the
prize are the sole responsibility of winner.
6. GENERAL CONDITIONS
Potential winner, or potential winner's 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 three (3) days of
notification. Potential winner will be contacted one time and one time only. If the
potential winner does not respond to the notice within one (1) day after the Sponsor has
made its attempt to notify the potential winner, that potential winner may be
disqualified and an alternate winner will be selected. Failure to return documents
timely, or if prize notification or prize is returned as non-deliverable, or if winner
is found to be ineligible, or not in compliance with these Official Rules,
disqualification will result and an alternate winner selected. Each winner
(and winner's parent/legal guardian if winner is a minor), grant to Sponsor,
(and agree 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, the winner's name, portrait, picture, voice, likeness and biographical
information for advertising, trade and promotional purposes without additional
consideration (unless prohibited by law) and without notification, approval or review.
By participating, participants (and participants parent/legal guardian if participant
is a minor), release and agree to hold harmless Flycell Inc., Island Def Jam Music
Group, KSP, 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
Sweepstakes related activity, or participation in this Sweepstakes.
Sponsor and KSP reserve the right, at their sole discretion, to disqualify any individual
found, in their sole discretion, to be tampering with the entry process or the operation
of the Sweepstakes or Web site; 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. Any use of robotic, automatic, macro, programmed, third party or
like entry methods will void all such entries by such methods, and any participant using
any such method will be disqualified. 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 at time of entry used to enter will be deemed to be the entrant.
"Authorized Account Holder" of a cellular phone will be deemed to be the natural person
to whom the cell phone number is assigned by the cellular wireless phone service
provider.
Sponsor will seek to have any fraudulent activities prosecuted to the full extent of the
law.
7. LIMITATIONS OF LIABILITY
Releasees are not responsible for any incorrect or inaccurate information, whether caused
by Web site users, cell phone users, or tampering or hacking, or by any of the equipment
or programming associated with or utilized in the Sweepstakes 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 cell phone. 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 Sweepstakes or downloading materials from or
use of the Web site or cell phone. If, for any reason, this Sweepstakes, or any part
thereof, is not capable of running as planned by reason of infection by computer 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 Sweepstakes,
Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend
the Sweepstakes for any drawing(s) and select the winners in a manner deemed fair and
appropriate by Sponsor. 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.FLYCELL.COM OR CELL PHONE OR WIRELESS SERVICE,
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.
8. PRIVACY
The personal information provided will be subject to the Privacy
Policy of www.Flycell.com. To read the Policy access the Web site and click on the
Privacy Policy link.
9. DISPUTE RESOLUTION/CHOICE OF LAW
Except where prohibited, participants (and participants parent/legal guardian if
participant is a minor) agree that: (a) any and all disputes, claims, and causes of
action arising out of or connected with this Promotion shall be resolved individually,
without resort to any form of class action, and exclusively by an action in state or
federal court located in the State of New York and (b) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with participating in this Promotion but in no event attorneys' fees; and
(c) under no circumstances will participant be permitted to obtain awards for and
participant hereby waives all rights to claim punitive, incidental 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 participant and/or Releasees in
connection with this Promotion, 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 any jurisdiction.
10. WINNERS LIST
For names of winners, send a self-addressed stamped envelope for receipt by 6/30/08
to: IDJ Mobile 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 5/30/08. The names of winners may also be posted at
www.Flycell.com/idjmobile.
11. SPONSOR
Flycell Inc., 120 Broadway, New York, New York 10271.