Sidekick LX Tony Hawk Edition Sweepstakes Official RulesThis is a featured page

THE SWEEPSTAKES ENTRY PERIOD HAS ENDED.
THANKS FOR PARTICIPATING. THE WINNER WILL BE ANNOUNCED SOON!


Sidekick® Wiki
T-Mobile® Sidekick® LX Tony Hawk Edition
Official Rules (the “Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

SPONSOR
This T-Mobile Sidekick LX Tony Hawk Edition Sweepstakes (the “Sweepstakes”) is sponsored exclusively by Wetpaint, located at 307 Third Avenue South, Suite 300, Seattle, Washington 98104 (“Sponsor”). Sponsor reserves the right to modify, suspend or cancel the Sweepstakes (with or without notice) at any time and/or to substitute another promotion in its place.


Void in Puerto Rico, other U.S. territories and possessions and where prohibited, taxed or otherwise restricted by law. Subject to all applicable federal, state and local laws. This Sweepstakes begins at 6:00 p.m., Pacific Time (“PT”), on July 9, 2008 and ends at 11:59:59 p.m. PT on July 21, 2008 (the "Promotional Period"). Mail-in entries must be received by July 28, 2008 to be eligible.

WHO CAN PARTICIPATE?

This Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia, U.S. military personnel (and their immediate families (parents, grandparents, spouses, brothers, sisters, children, grandchildren, aunts and uncles, and their respective spouses, regardless of whether living in the same household) with APO/FPO addresses who are eighteen (18) years of age or older at the time of entry. For the purpose of these Official Rules, “U.S. military personnel” is defined as an active, veteran, or reserve member of the Army, Navy, Marine Corps, Air Force, Coast Guard, or National Guard. Participation in this Sweepstakes constitutes entrant's full and unconditional acceptance of each provision in these Rules.

WHO IS NOT ELIGIBLE TO PARTICIPATE?
Employees, and their immediate family members (parents, grandparents, spouses, brothers, sisters, children, grandchildren, aunts and uncles, and their respective spouses, regardless of whether living in the same household) and individuals living in their same household (regardless of whether or not related) of Sponsor, T-Mobile USA, Inc. (“T-Mobile”), and their respective parents, subsidiaries, affiliated companies, partners, advertising, marketing and promotion agencies, successors and assignees, are not eligible to enter or win in this Sweepstakes.

HOW DO I ENTER?
During the Promotional Period, there are two (2) ways to enter this Sweepstakes: (1) online or (2) by mail-in entry.

(1) ON-LINE METHOD: Access the Sidekick Website [http://wiki.sidekick.com] (the “Website”) during the Promotional Period and register for the Sweepstakes by following the instructions provided on the Website to receive one (1) entry. Such instructions will require the entrant to (a) register for a user name, (b) upload a skateboarding-themed photo to a specified photo album, and (c) post a comment on the Sweepstakes page as directed during the Promotional Period. A limit of one (1) online entry per person and per email address per day is permitted. Online entries received from any person or email address in excess of the stated daily limitation will be void and may result in the disqualification of the entrant from any and all participation in this Sweepstakes (as determined by Sponsor in its sole discretion). If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause(s) which corrupts or affects the administration, fairness, integrity, safety or proper conduct of the Sweepstakes, then Sponsor reserves the right, exercisable at any time in its sole discretion, to terminate, modify or suspend the Internet portion of the Sweepstakes. All online entries must be received by 11:59:59 p.m. PT on July 21, 2008 by Sponsor before the Internet portion of the Sweepstakes becomes inoperable will be included in the random drawing described in the first paragraph under the “Prize Drawing” section below. Released Parties (as defined below) 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, or alteration of, any entries. Released Parties are not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including (without limitation) any injury or damage to entrant's or any other person's computer-related to or resulting from participation or downloading any materials in this Sweepstakes. In the event of a dispute as to the identity of any person who submits any online entry hereunder, an eligible online entry will be considered made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” means the natural person who was assigned an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address and must comply with these Rules. Entries generated by bot, macro, script or other automated means are considered to be in direct violation of these Rules and the policies of this Sweepstakes and any and all associated online entries will be void.

(2) MAIL-IN METHOD: During the Promotional Period, a participant additionally may enter the Sweepstakes by hand-printing his/her full name, date of birth, complete street/mailing address (including ZIP code) and phone number (including area code) on a 3 1/2" x 5" card and mailing the completed card in an envelope with first-class postage affixed, to: Wetpaint T-Mobile Sidekick LX Tony Hawk Edition Sweepstakes, P.O. Box 3082, Seattle, WA 98114. Mail-in entries must be legible and submitted in original hand-printed form. Each mail-in entry must be mailed separately. A maximum of one (1) mail-in entry per person and per household per day is permitted. Mail-in entries received from any person or email address in excess of the stated daily limitation will be void and may result in the disqualification of the entrant from any and all participation in this Sweepstakes (as determined by Sponsor in its sole discretion). A mail-in entry will be deemed valid and eligible for the prize drawing/consideration hereunder only if the entry is received by Sponsor by no later than July 28, 2008 (regardless of the date postmarked). Mechanically reproduced mail-in entries are void.

INVALID ENTRIES; OWNERSHIP OF SWEEPSTAKES MATERIALS
Entries made in any manner other than by (i) following Sponsor’s instructions as set forth on the Website or in any other written communication issued by Sponsor, or by (ii) submitting a 3 1/2" x 5" card as described herein, are void. Released Parties are not responsible for any lost, late, stolen, misdirected, garbled, postage-due, damaged, mutilated, illegible, indecipherable, incomplete, inaccurate or deceptive entries or mail, all of which shall be deemed void. Released Parties are also not responsible for other errors of any kind, whether human, printing, typographical or mechanical relating to or in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. All entries, together with any and all accompanying or other Sweepstakes-related materials submitted by any Sweepstakes participant hereunder, shall become the exclusive property of Sponsor and will be neither acknowledged nor returned.

ONE (1) PRIZE IS AVAILABLE TO BE AWARDED
One (1) T-Mobile Sidekick LX Tony Hawk Edition handheld wireless devices (the “Prize”). The Approximate Retail Value (“ARV”) of this Prize is four hundred forty-nine dollars ($449.00). Prize includes the handset device only; neither voice, data nor any other service(s) is included as part of the Prize, and it shall be the sole responsibility of the winner to enroll in and pay separately for such service(s). Prize is designed to be used solely in conjunction with T-Mobile wireless service and the actual recipient of the Prize shall be bound by each of T-Mobile’s Terms and Conditions and by all brochures and other written materials that are prepared by T-Mobile and that set forth restrictions and other provisions of use pertaining to the Sidekick handset device. The actual recipient of the Prize hereby expressly acknowledges, agrees and understands that except solely to the extent that Sponsor cannot by law exempt itself from responsibility or liability therefore, Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee with respect to the description, functionality or operation of the Prize, including, but not limited to, any statement relating to the Prize's quality, merchantability, mechanical condition, or fitness for any intended use or purpose. All warranties, representations and guarantees with respect to the Prize hereby are expressly disclaimed, and the actual recipient shall accept the awarded Prize "as is." The Prize (or any other prize awarded hereunder) cannot be assigned, transferred, exchanged or redeemed for cash; provided, however, that Sponsor specifically reserves the right (exercisable at any time and for any reason, in Sponsor’s sole discretion) to substitute the Prize, with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.

DRAWING FOR PRIZE
During the Promotional Period, eligible Sweepstakes entries received online at the Website will be combined with the eligible mail-in Sweepstakes entries received by Sponsor, in order to create the Sweepstakes entry pool. On or about August 1, 2008 one (1) potential winner will be selected by means of a random drawing conducted by Sponsor (or its designee) from among all eligible entries contained in the Sweepstakes entry pool. All decisions of Sponsor regarding the Prize drawing and any and all other aspects of the Sweepstakes shall be final and binding. The odds winning will be determined by the total number of eligible entries received. To obtain the name of the winner (available after August 1, 2008), send a self-addressed, stamped business-size (#10) envelope, postmarked by no later August 15, 2008 to: Wetpaint T-Mobile Sidekick LX Tony Hawk Edition Sweepstakes Winner, P.O. Box 3082, Seattle, WA 98114.

NOTIFICATION OF WINNER; OBLIGATIONS OF WINNER

Shortly after the above-set forth Prize drawing, Sponsor shall endeavor to notify the potential winner by means of private message sent to the user through the Sidekick wiki, e-mail, U.S. Mail or overnight courier (as determined by Sponsor in its sole discretion). Potential winner may be required to execute and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release within three (3) business days of date of issuance. If the potential winner fails to respond to Sponsor within three (3) business days after date of such initial notification attempt, if the potential winner declines to accept the Prize, if potential winner is not in compliance with these Rules, if Sponsor is unable to contact the potential winner within a reasonable time period or if Prize notification or the Prize itself is returned as undeliverable, then the potential winner shall forfeit any and all rights to receive the Prize, and Sponsor may elect (but shall not be required) to select an alternate potential winner by means of another random drawing subsequently to be conducted by Sponsor (or its designee) from among all remaining eligible entries. By participating in this Sweepstakes, each entrant hereby irrevocably and in perpetuity defends, indemnifies, holds harmless and releases Sponsor, T-Mobile and their respective parents, subsidiaries, affiliated companies, advertising, marketing and promotion agencies, successors and assignees of Sponsor and T-Mobile, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”), from and against any and all claims, actions, causes of action, demands, judgments, liability, damages (to persons or property), injuries, losses (to persons or property), costs or expenses of any type which may be sustained by such entrant or any other party in connection with (I) the participation in this Sweepstakes or (II) the receipt, enjoyment, possession, ownership, use or misuse of the Prize. The actual Prize recipient hereby acknowledges, agrees and understands that he/she shall bear sole responsibility for the reporting and prompt and full payment of any and all applicable federal, state and local taxes that may be owed in connection with the receipt, possession or use of the Prize. Furthermore, and to the fullest extent consistent with applicable law, by accepting the prize, the winner hereby specifically grants permission to Sponsor and its designees to use his/her name, age, city, state, photograph, likeness (actual or simulated) and/or voice for any and all advertising, marketing, promotional, publicity or other legitimate commercial purposes, in any and all media now known or hereafter devised, worldwide in perpetuity, without paying any obligation on the part of Sponsor or T-Mobile (1) to pay any additional compensation (of any kind or amount) to such entrant, (2) to seek or obtain the approval of such entrant or (3) to notify such entrant, unless prohibited by law.

DISPUTES
Each entrant into this Sweepstakes hereby expressly agrees, irrevocably and in perpetuity, that: (a) any and all disputes, claims, actions, and causes of action arising out of or in connection with this Sweepstakes, or the Prize awarded hereunder, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall be brought and shall take place exclusively in a federal or state court located within King County in the State of Washington (with each Sweepstakes entrant hereby specifically agreeing to submit to the exclusive personal and subject matter jurisdiction and venue of such courts); (b) any and all claims, judgments, damages and awards shall be limited strictly to actual out-of-pocket costs actually incurred by the Sweepstakes entrant and paid to a third party, including costs associated with entering this Sweepstakes, but excluding any attorneys' fees; (c) under no circumstances shall any Sweepstakes entrant be permitted to obtain awards for, and each Sweepstakes entrant hereby waives any and all rights to claim, punitive, exemplary, special, incidental, indirect, consequential and/or other damages, other than for actual out-of-pocket expenses actually incurred by such entrant and paid to a third party; and (d) each Sweepstakes entrant hereby waives any and all rights to have any damages award multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the respective rights and obligations of the Sweepstakes entrants and Sponsor in connection with the Sweepstakes, shall be governed exclusively by, and construed exclusively in accordance with: (i) the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Washington or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington, and (ii) the federal laws of the United States of America.


Patty
Patty
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