AT&T Lunar New Year Flyaway Sweepstakes
Sponsored by AT&T Mobility LLC
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE READ THESE RULES CAREFULLY. AS EXPLAINED BELOW, THE RULES REQUIRE THAT DISPUTES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS OR JURY TRIALS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
SWEEPSTAKES PERIOD: The AT&T Lunar New Year Flyaway Sweepstakes (the “Sweepstakes”) begins on January 29, 2018 at 12:00am EST and ends on February 14, 2018 at 11:59pm EST (“Sweepstakes Period”). The Sponsor of this Sweepstakes is AT&T Mobility LLC(“Sponsor” or “AT&T”). The Administrator of this Sweepstakes is The Concept Studio, LLC (“Administrator”).
ELIGIBILITY: The Sweepstakes is open only to U.S. citizens and U.S. resident aliens who are physically located in and legal residents of one of the 50 United States or the District of Columbia, and who are at least 18 years of age at the time of entry (19 in Alabama and Nebraska, and 21 in Mississippi). Void outside of the 50 United States and the District of Columbia and where prohibited by law. Each entrant must be the rightful owner (or have authorized use) of the email address identified in the entrant’s entry. In the event of a dispute as to the identity of an entrant, the entrant will be deemed the natural person in whose name the email account associated with the provided email address was opened. Potential winners may be required to show proof of being the authorized account holder of the email address associated with the entry. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, TEN Advertising and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and participating promotion and advertising agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes and their respective employees, shareholders, officers, directors, agents, and representatives are not eligible to participate in the Sweepstakes. Immediate Family and Household Members (defined below) of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses. Subject to all applicable laws. Void where prohibited by law.
WINNER SELECTION/VALIDATION: Prize Winner will be selected on or about February 15, 2018 in a random drawing conducted by the Administrator from all eligible entries received during the Sweepstakes Period. Potential winner will be notified by phone and/or email promptly after selection. Winner will be required to, except where prohibited, sign and return an affidavit of eligibility and prize/publicity release (where permitted by law) within two (2) business days. If a potential winner cannot be reached after a reasonable effort has been exerted (response within the provided deadline at initial notification), he or she is found to be ineligible at any point during the administration of the Sweepstakes, he or she cannot or does not comply with these Official Rules or the Sponsor’s or Administrator’s instructions, or if his or her prize, prize notification, or other Sweepstakes-related correspondence is faulty, rejected, or returned as undeliverable, that potential winner may be disqualified without notification and an alternate potential winner may be selected at Sponsor’s discretion.Only three (3) alternate winners will be contacted, after which the prize will remain un-awarded. A potential winner (or any alternate potential winner if one must be selected) is not official and will not be confirmed as a winner until he/she has completed, signed and returned any documentation which may be required by Sponsor, including, but not limited to, a notarized Affidavit of Eligibility, release of liability, publicity release form, and a completed IRS W-9 form (the “Sweepstakes Documents”), and the eligibility of the potential winner has been verified. If a Winner fails to sign and return the aforementioned required documents or provide any other requested information within the required time period including a valid mailing address (P.O. Boxes not permitted), the Winner forfeits his/her prize. Sweepstakes submissions are subject to validation by the Administrator. By taking part in this Sweepstakes you agree to be bound by these rules and all decisions of the Administrator and Sponsor, which are final and binding on all aspects of the Sweepstakes.
PRIZES/ODDS: One Grand Prize: Trip for winner and one (1) guest to either San Francisco or New York City to celebrate the Lunar New Year.
Total ARV of Grand Prize: $4,550. Winner must accept all prize components listed to be considered the Prize Winner. If the Winner chooses to decline any portion of the prize, the prize will be forfeited in its entirety. No substitutions or transfers of prize, except at Sponsor’s discretion. Prize includes only the trip components and deviceslisted. Trip to take place February 23-26, 2018. Grand Prize Winner must be available to travel to coincide with event schedule, or prize will be forfeited. Winner and guest must travel on same itinerary and on designated days, which are subject to change. Winner may be required to provide a valid credit card upon hotel check-in. All taxes and any other expenses not stated herein, including without limitation, meals, gratuities, transportation and other incidentals, are the sole responsibility of winner. If any portion of the prize does not take place as currently scheduled, for any reason including flight delays, postponements or cancellations, Sponsor at its sole discretion may change the prize dates or cancel that portion of the prize relating to the event, in which event that portion of the prize will be forfeited in its entirety and no substitution will be provided except at Sponsor’s sole discretion.
All taxes and any other expenses not stated herein, including without limitation, meals, gratuities, transportation and other incidentals, are the sole responsibility of winner.Odds of winning Prize depend upon total number of entries received.
Prize Winners must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving Prize. The value of each Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year.
GENERAL CONDITIONS/INDEMNIFICATION: By participating in this Sweepstakes and/or by accepting any Sweepstakes prize that you may be awarded, you agree that Sponsor, The Concept Studio, LLC, TEN Advertising, and each of their respective parents, subsidiaries and affiliated companies, units and divisions; and their advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies’ and individuals’ respective successors, representatives and assigns (collectively, the “Released Entities”) shall not be liable for any and all actions, claims, including any third-party claims, injury, loss or damage arising in any manner, directly or indirectly, arising from or relating to this Sweepstakes, including entry and participation in this Sweepstakes, or the acceptance, possession, use or misuse of any prize. By participating in the Sweepstakes and/or accepting any prize that you may be awarded, you agree to fully indemnify each Released Entity from any and all such claims by third parties without limitation. Entrants authorize the Sponsor and its agents to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, in Sponsor’s sole discretion, without further obligation or compensation. The Released Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by your participation in this Sweepstakes or resulting from acceptance, possession, use or misuse of a prize; (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes; (vi) potential winner’s inability to attend event; or (vii) any postponement or cancellation of event. Released Entities disclaim any liability for damage to any phone or other electronic device resulting from participating in, or accessing or downloading information in connection with this Sweepstakes should a virus, bug, computer or phone problem, unauthorized intervention or any other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor reserves the right in its sole discretion to modify, cancel, suspend or terminate the Sweepstakes in its entirety or any affected portion thereof. In the event the Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, cancel or terminate the Sweepstakes in its entirety or any affected portion thereof. If the Sweepstakes or a particular portion thereof is canceled or terminated before the designated Sweepstakes Period end date for any reason, Sponsor may (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
BINDING ARBITRATION: By entering this Sweepstakes, you and Sponsor agree to arbitrate all disputes and claims arising out of or relating to this Sweepstakes, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to; a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, b) claims that arose before entry into the Sweepstakes (including, but not limited to, claims relating to advertising), c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and d) claims that may arise after the termination of the Sweepstakes Period.
For purposes of this Section 7 only, references to “Sponsor,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates sweepstakes. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Sweepstakes, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Sponsor and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled. You may download or copy a form Notice and a form to initiate arbitration at http://www.att.com/arbitration-forms.
After Sponsor receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Sponsor will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Sponsor and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Sponsor will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Sponsor for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Sponsor ‘s last written settlement offer made before an arbitrator was selected, then Sponsor will pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If Sponsor did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The right to attorneys’ fees and expenses discussed in this section supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws Sponsor may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Sponsor agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sponsor agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Official Rules to the contrary, we agree that if Sponsor makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
GOVERNING LAW: All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Released Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with Texas law without giving effect to any choice of law or conflict of laws.
SPONSOR: This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd NE, Atlanta, GA, 30319.
ADMINISTRATOR: This Sweepstakes is administered by The Concept Studio, LLC, 606 Post Road East #693, Westport, CT 06880.
FOR WINNERS LIST and OFFICIAL RULES:
All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by February 28, 2018. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rule(s) send a self-addressed stamped return envelope to: AT&TLunar New Year Flyaway Sweepstakes Winners, 606 Post Road East #693, Westport, CT 06880.
END OF OFFICIAL RULES