X-Play: Up All Night Sweepstakes
OFFICIAL RULES
1. HOW TO ENTER: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. The X-Play: Up All Night Sweepstakes ("Sweepstakes") begins at 8 p.m. (Eastern Time ["ET"]) on September 12, 2008, and ends at 4 p.m. (ET) on September 15, 2008 ("Sweepstakes Period"). You may enter this Sweepstakes by following the instructions below for one of the two methods of entry. G4 Media, Inc. ("G4" or "Sponsor") will not verify receipt of entries. All entries submitted become the sole property of G4 and will neither be acknowledged nor returned. Entries submitted by SMS are subject to your carrier's rate plan and terms and conditions. ONLY ONE ENTRY PER PERSON WILL BE ACCEPTED. A potential winner who is discovered during prize verification to have entered or attempted to enter more than the amount permitted in these Official Rules may be disqualified at the sole discretion of Sponsor.
There are two (2) methods of entry for this Sweepstakes:
1. SMS Text Messaging Entry Method:
If you have a text messaging capable cell phone from a participating wireless carrier (Verizon Wireless, Cingular(r) Wireless, T-Mobile(r), Sprint, Nextel, Boost Mobile(r), Dobson Cellular Systems(r), Alltel or US Cellular) (the "Wireless Providers"), you may enter the Sweepstakes during the Sweepstakes Period by texting POWER to the SMS short code 44898 (G4TXT) on your cell phone. By the act of sending a text message to 44898 (G4TXT), you represent and acknowledge that you have read, understand, and agree to these Official Rules and that you are 18 years of age or older.
An acknowledgement message will be sent to your phone via text messaging indicating that you have received one (1) entry into the Sweepstakes. Other Charges May Apply. Text STOP to Quit.
HELP: If you need any help or have any questions relating to the SMS Text Messaging entry method of this Sweepstakes, you may send a text "HELP" to 44898 (G4TXT).
Standard text messaging rates will apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply and will appear on your cell phone bill or be deducted from your prepaid account. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.
Cell phone service may not be available in all areas. Check your phone's capabilities for specific instructions.
Sweepstakes Entities (defined below) are not responsible for any lost, incomplete, late, damaged, or misdirected text messages; failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems, cellular equipment towers, wireless services or other communications malfunctions; interrupted or unavailable networks or servers; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion; or for any other technical problem.
2. Online Entry Method:
To enter the Sweepstakes, you may also visit G4's Sweepstakes website at http://www.g4tv.com/power (the "Web Page") and follow the instructions below:
* To enter the Sweepstakes, follow all entry directions on the Sweepstakes entry webpage and provide all required information, including where you can be contacted on or after the drawing date (specified below) if you are selected as a potential grand prize winner. You'll need to register as a g4tv.com member before entering.
* In addition to providing the required information, you must select the checkbox(s) verifying that you have read and agree to the official rules of the Sweepstakes. Once completed, and after you click the "Submit" button, you will receive one (1) entry into the Sweepstakes.
Online entries will be deemed made by the authorized account holder of the email address submitted at time of entry. SMS entries will be deemed made by the authorized account holder of the phone number from which the SMS text message is sent. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false or deceptive are void and will not be accepted. Any attempt by a person to use multiple email accounts or phone numbers to register more than once may result in disqualification at the discretion of Sponsor upon verification of prize winner. By entering the Sweepstakes, entrant recognizes and agrees that the registration information provided by entrant will be made available to Sponsor; and use of such information will be governed by Sponsor's privacy policy located at http://www.g4tv.com/g4/about/privacylegal/index.html#privacy.
2. ELIGIBILITY: From the official time and date of the start of the Sweepstakes Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident residing in the 50 United States or the District of Columbia. You must also be 18 years of age or older as of the official time and date of the start of the Sweepstakes Period. Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions. Although advertisements relating to the Sweepstakes may air in territories where this Sweepstakes is void, such advertisements are intended for viewing only within the United States. United States law governs this Sweepstakes. Employees of G4, G4's advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes (including, without limitation, Vibes Media, LLC, NVE Pharmaceuticals and the Wireless Providers) as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, "Sweepstakes Entities"), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Sweepstakes.
3. DRAWING AND NOTIFICATION: Potential Grand Prize winner will be selected by Sponsor from all eligible entries received in a random drawing held on or about September 15, 2008 after the expiration of the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received. Potential Grand Prize winner will be notified by phone, email and/or mail. Failure by the potential Grand Prize winner to respond to such notification within a reasonable time frame, as determined by Sponsor in Sponsor's absolute and sole discretion, will result in disqualification of the potential Grand Prize winner and an alternate potential winner will be selected. The return of a potential winner's notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any. In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the email address (for online entries) or phone number (for SMS entries) submitted at time of Sweepstakes entry. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, online or phone service provider or other organization that is responsible for assigning email addresses, the domain associated with the submitted email address, or phone number. A potential winner must provide Sponsor with satisfactory proof that s/he is the authorized account holder of the email address or phone number associated with the potentially winning Sweepstakes entry.
4. PRIZES: Five (5) Grand Prizes: One (1) copy of Too Human video game for the Xbox 360 game system (Approximate Retail Value ["ARV"] of Grand Prize: $59.99. ARV of all Grand Prizes: $299.95). Actual values of prizes may depend on the value of products provided at the time of fulfillment. Therefore, the values of the Sweepstakes prizes awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and ARV will not be awarded. Any costs associated with prize receipt and/or use that are not expressly stated above are not included in the prize package and are the responsibility solely of the winner. No transfer, or cash or other substitution of prizes allowed except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. Sponsor will not replace any lost or stolen prizes once in winner's possession.
5. PRIZE CONDITIONS: Except where prohibited, potential Grand Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form ("Affidavit/Release"). Such documents must be signed and returned by the date and/or time indicated within such documents. If the potential Grand Prize winner fails to sign and return such documents within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner will be selected. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the winner. Except where prohibited by law, each winner's entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said winner's name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Sweepstakes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winner also are subject to verification prior to awarding of prizes.
6. SWEEPSTAKES CONDITIONS: VOID WHERE PROHIBITED. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Winner and entrants also agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, or (ii) printing, distribution or production errors. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR PROVIDES THE PRIZE WINNER WITH WRITTEN WARRANTIES). FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
7. RESTRICTIONS: Each prize package consists of only those items specifically described as part of the prize. Sponsor may at Sponsor's sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control.
8. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes and to select potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
9. JURY TRIAL WAIVER. EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY WAIVES ANY RIGHT S/HE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
10. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT: (i) THE ENTRANT HAS OPTED-IN TO G4'S PRIVACY POLICY ON THE SWEEPSTAKES ENTRY PAGE; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO G4'S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF S/HE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNERS' LIST.
11. RULES/WINNER(S) LIST: For a copy of the Official Rules log onto www.g4tv.com/power or for a list of the names and addresses of the prize winners, please send a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to X-Play's Up All Night Sweepstakes Official Rules, G4 Media, Inc., c/o Marketing Department, 5750 Wilshire Blvd., Los Angeles, California 90036. Requests must be received no later than February 28, 2009.
12. SPONSOR: G4 Media, Inc., 5750 Wilshire Blvd., Los Angeles, CA 90036.
(c) 2008 G4 Media, Inc. All Rights Reserved.
