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Official Sweepstakes Rules


Sidekick® Wiki
T-Mobile® Sidekick® 3, D-Wade Edition Sweepstakes
Official Sweepstakes Rules (the “Rules”)

SPONSOR
This T-Mobile Sidekick 3, D-Wade Edition Sweepstakes (the “Sweepstakes”) is sponsored exclusively by Wetpaint, located in Seattle, Washington (“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.

NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE IN OR INCREASE CHANCE OF RECEIVING A PRIZE IN THIS SWEEPSTAKES.
Void where prohibited, taxed or otherwise restricted by law. Subject to all applicable federal, state and local laws. This sweepstakes begins at 12:00:01 a.m., Pacific Time (“PT”), on Wednesday, February 28, 2007, and ends at 11:59:59 p.m. PT on Saturday, March 10, 2007. Mail-in entries will be accepted through March 14, 2007. (the "Promotional Period").

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 families) with APO/FPO addresses, Alaska and Hawaii, who are eighteen (18) years of age or older at the time of entry (void in Puerto Rico and in any other U.S. territories and possessions). 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, regardless of whether living in the same household) and individuals living in their same household (regardless of whether related) of Sponsor, T-Mobile USA, Inc. (“T-Mobile”), and either such entity’s respective parent, subsidiaries, affiliated companies, partners, advertising, marketing and promotion agencies, successors and assignees, are not eligible to enter or receive a prize in this Sweepstakes.

HOW DO I ENTER?
There are two (2) ways to enter this Sweepstakes: (1) on-line or (2) by mail-in entry.

ON-LINE METHOD: Access the Sidekick Website [http://sidekick.wetpaint.com] (the “Website”) during the Promotional Period and register for the Sweepstakes by following the instructions found on the Website. Such instructions will require the entrant to (a) register for a user name, (b) upload a photo/avatar, and (c) post a comment on the Sweepstakes page that answers the posed question during the Promotional Period. A maximum of one (1) Sweepstakes entry per day for each individual is permitted for on-line entries. An entrant who exceeds this entry limitation will have each of the multiple submitted, on-line entries on a particular day invalidated for prize drawing/consideration hereunder, and such conduct may result in the disqualification of the entrant from any and all participation in this Sweepstakes (as determined by Sponsor in the exercise of its sole discretion). All Internet access and usage charges are the sole responsibility of the entrant. 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 eligible on-line entries received 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. Sponsor assumes 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 Sweepstakes entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line 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 the person who submits any on-line entry hereunder, an eligible electronic Sweepstakes entry will be considered made by the authorized account owner of the e-mail address submitted at the time of entry. Entries generated by robots or scripts or other automated devices are considered to be a direct violation of the Rules and the policies of this Sweepstakes and will result in the immediate and automatic disqualification from this Sweepstakes of any and all associated entries.

MAIL-IN METHOD: A participant additionally may enter the Sweepstakes by printing his/her name, age, 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, with first-class postage affixed, to: Wetpaint T-Mobile Sidekick 3, D-Wade Edition Sidekick Sweepstakes, P.O. Box 3083, Seattle, WA 98114. Mail-in Sweepstakes entries must be legible and submitted in original hand-printed form. Each mail-in Sweepstakes entry must be mailed separately and contain sufficient postage. A maximum of one (1) mail-in entry per person per day is permitted. An entrant who exceeds this entry limitation will have each of the multiple submitted, mail-in entries on a particular day invalidated for prize drawing/consideration hereunder, and such conduct may result in the disqualification of the entrant from any and all participation in this Sweepstakes (as determined by Sponsor in the exercise of its sole discretion). A mail-in entry will be deemed valid and eligible for a prize drawing/consideration hereunder only if the entry is both (a) postmarked by March 10, 2007 and received by Sponsor by no later than March 14, 2007 (regardless of the date postmarked).

INVALID ENTRIES; OWNERSHIP OF SWEEPSTAKES MATERIALS Sweepstakes entries mechanically reproduced or 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 invalid and ineligible for any prize drawing/ consideration hereunder. Sponsor is not responsible for any lost, late, misdirected, postage due, damaged, mutilated, illegible, indecipherable, incomplete, inaccurate or deceptive Sweepstakes entries, all of which entries shall be deemed invalid and ineligible for any prize drawing/consideration hereunder. All Sweepstakes 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
The one (1) prize that is scheduled to be awarded in this Sweepstakes (pursuant to the random drawing procedure described in the immediately succeeding paragraph) is: one (1)T-Mobile Sidekick 3, D-Wade Editionhandheld wireless device (the “Prize”). The approximate retail value (“ARV”) of the Prize is Three Hundred Ninety-Nine Dollars ($399.00). Each participant in this Sweepstakes hereby specifically acknowledges, agrees and understands that the Prize includes the handset device only; neither voice, data nor any other service(s) is(are) included as part of the Prize, and it shall be the sole responsibility of the actual recipient of the Prize to enroll in and pay separately for such service(s). Each participant in this Sweepstakes hereby further acknowledges, agrees and understands that (A) the Prize is designed to be used solely in conjunction with T-Mobile wireless service and (B) 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 therefor, 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 of the Prize shall accept the 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 a different item(s) in place of the Prize, such substitute item(s) to be of substantially equivalent or greater value than the ARV of the Prize.

PRIZE DRAWING
During the Promotional Period, eligible Sweepstakes entries received on-line 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 approximately March 15, 2007 or on some other date (as determined by Sponsor) following the conclusion of the Promotional Period, one (1) potential recipient of the Prize 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, binding and non-appealable. The odds of any Sweepstakes participant receiving the Prize (or any other prize awarded hereunder) will be determined by the total number of eligible Sweepstakes entries received. Such odds are equal regardless of the method of entry into the Sweepstakes. To obtain the name of the actual Prize recipient (available after March 15, 2007), a Sweepstakes participant or other interested person should send a self-addressed, stamped business-size (#10) envelope, postmarked by no later than April 13, 2007, to: Wetpaint T-Mobile Sidekick 3, D-Wade Edition Sweepstakes, P.O. Box 3083, Seattle, WA 98114. Residents of the State of Vermont may omit return postage.


NOTIFICATION OF PRIZE RECIPIENT; POTENTIAL ALTERNATE PRIZE DRAWING; OBLIGATIONS OF PRIZE RECIPIENT
Shortly after the above-set forth Prize drawing, Sponsor shall endeavor to notify the potential Prize recipient by means of telephone, e-mail, U.S. Mail or overnight courier (as determined by Sponsor in the exercise of its sole discretion). If the potential Prize recipient fails to respond to Sponsor within three (3) business days after such initial notification attempt, or if the potential Prize recipient declines to accept the Prize, or if any Prize notification or the Prize itself is returned as undelivered, then the potential Prize recipient shall forfeit any and all rights to receive the Prize, and Sponsor may elect (but shall not be required) to select an alternate potential Prize recipient by means of another random drawing subsequently to be conducted by Sponsor (or its designee) from among all remaining eligible Sweepstakes entries. By participating in this Sweepstakes, each entrant hereby irrevocably and in perpetuity defends, indemnifies, holds harmless and releases Sponsor, T-Mobile, the respective parents, subsidiaries, affiliated companies, advertising, marketing and promotion agencies, successors and assignees of Sponsor and T-Mobile, and the officers, directors, employees and agents of each of the above-set forth entities, 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 or of any other prize that may be awarded hereunder. 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 (or of any other prize that may be awarded hereunder). Furthermore, and to the fullest extent consistent with applicable law, the actual Prize recipient hereby specifically grants permission to Sponsor and T-Mobile 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, 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 or (2) to seek or obtain the approval of such entrant.

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 any 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.


Latest page update: made by wetpaint , Oct 11 2007, 11:58 AM EDT (about this update About This Update wetpaint Edited by wetpaint

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