GATOR ULTIMATE SWEEPSTAKES
Official Rules
The Gator Ultimate Sweepstakes (the “Sweepstakes”) is sponsored and administered by Atrinsic Inc. d/b/a GatorArcade, One Blue Hill Plaza, P.O. Box 1665, Pearl River, New York 10965 (the “Sponsor” or “GatorArcade”). By entering the Sweepstakes, you agree to comply with and be bound by the following official Sweepstakes rules (the “Rules”). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Sweepstakes.
1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
2. ELIGIBILITY. The Sweepstakes is open to legal residents of the United States and the District of Columbia, living in the United States or the District of Columbia, who are at least 18 years of age at the time of entry. The Sweepstakes is void in Puerto Rico and in any other jurisdiction where prohibited or otherwise restricted by law, rule or regulation. Employees, officers and directors of the Sponsor, New Motion, Inc., and each of their respective legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (and those living in the same households) are not eligible to enter the Sweepstakes. Those wishing to obtain a copy of these Rules may request a printed copy by writing to: GatorArcade Ultimate Sweepstakes, 1 Blue Hill Plaza, P.O. Box 1665, Pearl River, New York 10965.
3. HOW TO ENTER. The Sweepstakes begins on August 20, 2008 at 12:00 AM EST and ends on November 20, 2008 at 12:00 AM EST (“Sweepstakes Period”). Any entries received after November 20, 2008 at 12:00 AM EST, and all incomplete or inaccurate entries shall be deemed void. There are three ways to enter as follows:
a. Register for GatorArcade. ONLY AVAILABLE TO FIRST TIME REGISTRANTS OF GATORARCADE. Each new GatorArcade member who registers for either the $9.99 GatorArcade premium monthly subscription mobile game service, or the GatorArcade free online game service will receive one automatic entry into the Sweepstakes. Entrants may register for GatorArcade through various methods, including online, or via text message. For complete registration instructions go to GatorArcade.com. Failure to supply any required information, or supplying inaccurate or false information, will result in an ineligible entry. GatorArcade reserves the right, in its sole discretion, to determine whether information provided is inaccurate or false.
b. GatorArcade Points. GatorArcade premium subscription members may win points through their membership, which are redeemable for Sweepstakes entries. Go to GatorArcade.com for further details regarding GatorArcade Points. GatorArcade members may redeem 1,000 GatorArcade points for one (1) entry into the Sweepstakes. Entrants may submit unlimited entries using this method. All entries using points must be redeemed and processed by the close of the Sweepstakes Period.
c. Mail-in Entry. Print your complete name, date of birth, mailing address (including city, state and zip code), e-mail address and daytime telephone number on a postage-paid 3.5”x5” postcard and mail your entry to: GatorArcade Ultimate Sweepstakes, One Blue Hill Plaza, P.O. Box 1665, Pearl River, New York 10965. Mail-In Entries must be post-marked by November 15, 2008. You may enter via mail-in entry as often as you wish, provided, however, that each entry MUST BE HAND PRINTED AND MAILED separately. Entries that are illegible, incomplete, sent overnight delivery, sent via fax, printed by machine or otherwise mechanically reproduced will not be accepted. Entries submitted by a third party WILL NOT BE ACCEPTED.
4. HOW TO WIN. At the conclusion of the Sweepstakes Period, GatorArcade will conduct a random drawing and select from all eligible entries: one (1) potential Grand Prize winner, one (1) potential First Prize winner and one (1) potential Second Prize winner. All potential winners will be notified within two (2) weeks after the winners are chosen, via e-mail, mobile telephone, or by mail at the email address, phone number, or postal address provided by the potential winner during registration. All potential winners are strictly subject to eligibility verification. If a potential winner is disqualified for any reason, the Sponsor will select an alternate winner by random drawing from among all the remaining eligible entries who shall be subject to the same verification procedures. Only one alternate drawing will be conducted. If the prize cannot be awarded to that alternate winner, the respective prize will remain unawarded.
5. PRIZE DESCRIPTIONS. Approximate Retail Value (“ARV”) of all prizes = $5,000.
a. Grand Prize (1): $2,500 (in check form), or choice of prizes of equivalent value as advertised in connection with the Sweepstakes.
b. First Prize (1): $1,500 (in check form), or choice of prizes of equivalent value as advertised in connection with the Sweepstakes.
c. Second Prize (1): $1,000 (in check form), or choice of prizes of equivalent value as advertised in connection with the Sweepstakes.
Available prize lists will be distributed to potential winners upon prize notification.
NO SUBSTITUTION OF PRIZES. No substitution, assignment, or transfer of prizes will be accommodated or permitted, except Sponsor, in its sole discretion, reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
6. ODDS OF WINNING. The odds of an entry winning depend on the number of eligible entries at the close of the Sweepstakes Period, as defined in Section 3.
7. LIMITED TIME ONLY. The Sweepstakes ends at the conclusion of the Sweepstakes Period. Any entries received after the end of the Sweepstakes Period will be deemed void. GatorArcade reserves the right to end the Sweepstakes Period at an earlier date in the event the Sponsor decides to wind down the GatorArcade operation.
8. DISCLAIMER OF WARRANTIES FOR ALL PRIZES:
RELEASEES (AS DEFINED IN RULE 9, BELOW) HAVE NOT MADE, DO NOT MAKE, OR 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.
9. 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 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, 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 Sweepstakes 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 Atrinsic Inc., d/b/a GatorArcade, 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 or travel related activity, or participation in this Sweepstakes. 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 Sweepstakes
10. RESERVATION OF RIGHT TO MODIFY:
Sponsor reserves the right to suspend, modify, alter or terminate the Sweepstakes 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 Sweepstakes, in whole or in part.
Any attempt by a participant to deliberately damage the Sweepstakes site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Sponsor reserves the right to prosecute and seek damages to the fullest extent of the law.
11. LIMITATIONS OF LIABILITY
Releasees are not responsible for lost, late, incomplete, stolen, misdirected, postage due, separated or illegible, mail, or entries; 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, 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 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 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 Sweepstakes or downloading materials from or use of the Web Site or participation by cell phone. If, for any reason, this Sweepstakes, as determined by Sponsor, 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, 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, and award the prizes in a manner deemed fair and appropriate by Sponsor. Any individual found as solely determined by Sponsor to be tampering with the entry process or the operation of the Sweepstakes 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, will void all such entries made 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 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.Gatorarcade.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.
12. DISPUTE RESOLUTION/CHOICE OF LAW:
Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof, shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted at facilities maintained by the American Arbitration Association for that purpose in Irvine, California. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self-executing, and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement.
13. PRIVACY. By entering the Sweepstakes by any method other than mail-in entry, Entrants are opting-in to become registered members of GatorArcade and agree to receive e-mail messages from GatorArcade and its respective marketing affiliates in accordance with GatorArcade’s Privacy Policy. (“Policy”). Any personal information provided will be subject to the Policy. To read the Policy access www.Gatorarcade.com and click on the Privacy Policy link.
14. WINNERS LIST. To receive a list of winners, send a self addressed stamped envelope to: GatorArcade Ultimate Sweepstakes, 1 Blue Hill Plaza, P.O. Box 1665, Pearl River, New York 10965.
