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| The mobilePet myPhone contest Official Rules |
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NO PURCHASE NECESSARY TO ENTER OR WIN
- Eligibility. The MobilePet Myphone Contest ("Contest") is open only to legal residents of the 50 United States and the District of Columbia who are 18 years or older as of June 26, 2007. Children 13 and over may participate but require parent or gaurdian permission. Proof of residency and age may be required. Employees, officers, directors and representatives of Cellufun, Inc. ("Sponsor") and each of its parent companies, subsidiaries, divisions, affiliates, and advertising/ promotion agencies and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above are ineligible to participate or win. You must be physically located in the 50 United States each time you participate in the Contest or you will be disqualified from the Contest. Void outside the 50 United States and the District of Columbia, and where prohibited by law. All federal, state and local laws apply.
- How to enter and play. No purchase necessary to enter or win. The Contest begins at 12:01 AM Eastern Time ("ET") on 6/26/07 and ends at 11:59:59 PM ET on 7/31/07 ("Contest Period"). Sponsor's clock shall be the official timekeeper for the Contest. To enter, you must be a registered user of Cellufun with a data enabled data plan. If you are not yet a registered Cellufun user, you can register via your cell phone by providing the requested information including year of birth, country of residence, carrier and other requested information. Except for applicable standard cell phone data and call charges, there is no fee to register with Cellufun. Failure to provide correct and accurate information during the registration process is grounds for disqualification. Once you are a registered Cellufun user, you can register for the Contest via your cell phone and following the instruction presented and checking the box to indicate that you have read and agree to comply with the Contest Official Rules.
To play and accumulate points, you must take good care of your pet so that it grows and stays healthy and gains popularity with other Cellufun registered users (who must also be legal residents of the 50 United States or the District of Columbia physically located in the 50 United States or the District of Columbia while participating in the Contest). To take good care of your pet, you must feed it properly (e.g., not too much and not too little) and perform other activities which will generate points as determined by Sponsor. Popularity (which will also generate points) will be measured by the number of visits and interactions that other registered Cellufun users have with your pet as determined by Sponsor. You will accumulate points in the ways referenced above based on specific scoring criteria determined by Sponsor in its sole discretion. All players will start the Contest with zero (0) points. All play and interactions with a pet by a player or by any other registered Cellufun user must occur via the telephone using the telephone's browser or downloadable content available at Cellufun's website, www.cellufun.com, in order to generate points. Standard data and text message charges apply. Check your carrier's plan for applicable charges. Players' scores will be posted within the game, and can be monitored by checking a leader board that will be updated periodically on the Cellufun Wireless Application Protocol ("WAP") site via players' phones' browsers. In the event of a dispute as to the identity of a winner, that winner will be deemed to be the person in whose name the cell phone account associated with the provided cell phone number is opened at the time of registration as a Cellufun user. Limit one (1) person per cell phone number. Limit one (1) entry per person. Sponsor not responsible for lost, late, misdirected, illegible, incomplete, damaged, destroyed, forged, or tampered with entries, submissions, data or other material or any other unsuccessful attempts at entering; printing errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or other errors of any kind whether mechanical, human, electronic or otherwise. Entries, submissions, date or other materials that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, forged, misdirected, inaccurate, unintelligible, incomprehensible or otherwise not in compliance with these Official Rules will be disqualified. All entries, submissions, data or other materials generated by a script, macro or other automated/repetitive electronic means will be disqualified and ineligible for the Contest. If a person submits an entry, submission, data or other materials that does not comply with these Official Rules, then such person will be disqualified from the Contest and all of his/her entries, submissions, data and other material will be null and void.
- Prize. ONE (1) WINNER: There will be one (1) winner. Winner will receive an iPhone. Prize is subject to availability. All costs and expenses (including, but not limited to, any associated telephone or WiFi services and charges and other expenses) are not included and are each winner's sole responsibility unless indicated herein as being awarded. No transfer, substitution or cash equivalent of prize permitted by winner. Prize may not be exchanged. Sponsor may substitute prize of equal or greater retail value if prize is unavailable or cannot be awarded for any reason. Applicable federal, state and local taxes are the sole responsibility of each winner.
- Selection of Winner. On or about August 8, 2007, the registered entrant accumulating the highest score (in accordance with Paragraph 2 and the terms and conditions determined by Sponsor) will be designated as the potential winner. Decisions of judges are final and cannot be appealed. In the event of a tie, the winner will be randomly selected among the tied finalists. Sponsor reserves the right to disqualify any entrant it believes, in its sole discretion, is acting in a manner which is indecent or otherwise inappropriate. Each selected potential winner will be notified by the telephone number obtained via the registration process within one week of being designated the potential winner. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. In Sponsor's sole discretion, selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible entrants if selected potential winner (i) is unreachable or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. Forfeited prize may not be awarded. Selected winner may be required to sign and return an affidavit of eligibility together with liability/publicity release ("Affidavit and Release") as directed by Sponsor. If an Affidavit and Release is sent to potential winner and it is not returned as directed, in Sponsor's sole discretion, prize may be forfeited and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entrants. Sponsor reserves the right to modify the notification and affidavit/release procedures in connection with the selection of alternate winner, if any.
- General Conditions. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees and acknowledges that Sponsor and each of its parent companies, affiliates, divisions, subsidiaries and advertising and promotions agencies and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, "Releasees") are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, submissions, data or other materials; (ii) telephone system, cellular system, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest or the processing of entries, submissions, data or other materials; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entries, submissions, data or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or use or misuse of any prize or from participating in the Contest or any Contest-related activity, or inability to participate in the Contest; or (v) any printing, typographical, human, administrative or technological errors in or involving any material associated with the Contest. In the event more winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, entrant with the highest cumulative score from among all eligible prize claims will be selected as the winner in accordance with these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded. Sponsor disclaims any liability for damage to any telephone equipment or computer system related to or resulting from participating in, or accessing or downloading information in connection with the Contest. By entering the Contest, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
By accepting a prize, winner agrees and acknowledges that Releasees and any of their designees may, without any limitation or further compensation, use his/her name, voice, biographical data, likeness, picture, entry materials and photograph, city name and audio and/or video recording of him/her in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Contest, or any other promotion, contest or sweepstakes sponsored by Sponsor or for any other promotional purpose, except where prohibited by law. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should an error or a virus, bug, telephone and/or computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Contest and, in such situation, to select a winner from the remaining eligible, non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. In the event that Contest is modified, cancelled or suspended, notification of such event will be posted at www.cellufun.com. Releasees have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prize. The use of robots, spiders, crawlers and other automated tools to generate the appearance of players playing the game or interacting with a pet or to alter locale information (e.g., pretending to be in the 50 United States or the District of Columbia when playing elsewhere) or to otherwise inhibit the intended operation of the Contest, is strictly prohibited, and the discovery of such activities/behavior will be grounds for disqualification in the Contest. Sponsor may prohibit participant from participating in the Contest or winning a prize if, in its sole discretion, it determines participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives. The interpretation of these Official Rules shall be governed by the laws of the United States and the State of New York exclusively and solely by and within the courts of that state without regard to choice of law principles.
- Sponsor. Cellufun, Inc., 135 William Street, 7th Floor, New York, NY 10038.
- Winner List/Official Rules. For the name of the prize winner, available after 8/15/07, or a copy of these Official Rules, send a self-addressed, stamped envelope (VT residents need not affix return postage) to: MobilePet Myphone Contest, 135 William Street, 7th Floor, new York, NY 10038. Please specify "Official Rules" or "Winner List." Requests must be received by 2/15/08.
Disclaimer
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