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Nokia/T-Mobile “XpressMusic Ticket Offer” Online Instant Win Game Official Rules 1. NO PURCHASE NECESSARY. PURCHASE WILL NOT ENHANCE CHANCES OF WINNING. 2. ELIGIBILITY: The Nokia/T-Mobile “XpressMusic Ticket Offer” Online Instant Win Game (the "Game”) brought to you by Nokia Inc. (the "Sponsor”) is governed by these “Official Rules”. The Game is open to legal residents of the 50 United States and the District of Columbia who are sixteen years of age or older at the time of entry. Void where prohibited. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate. Employees and directors of Sponsor, its parent, subsidiary, and affiliated companies, licensees, advertising, promotion or production agencies and provider companies (and their immediate family members and individuals residing in their same household) are not eligible. 3. THE GAME PERIOD: The Game begins on at 12:00:01 am ET on May 28, 2008 and concludes at 11:59:59 pm ET on November 29, 2008 (the “Game Period”). Sponsor’s computer is the official time keeping device for this Game. 4. HOW TO PLAY: NO PURCHASE NECESSARY TO PARTICIPATE IN GAME. Look inside specially marked Nokia 5310 or 5610 XpressMusic phone boxes, available at participating retailers while supplies last, for a game piece with a game code. To request a free game code, while supplies last, send a self-addressed stamped envelope (VT residents may omit postage) to: XpressMusic Ticket Offer Game Piece Request, P.O. Box 3065, Young America, MN 55558-3065. Limit one (1) request per envelope. Requests must be postmarked by November 29, 2008 and received by December 5, 2008. Proof of mailing does not constitute proof of delivery. To play, go to www.xpressmusictickets.com and follow the online instructions to enter the code from your game piece to determine if you are a potential winner. If you receive a message stating “You Are A Winner!” you win the prize stated (subject to verification). Once a code has been entered, it will no longer be valid. Non-winningmessages will state “Sorry, You Are Not A Winner” and non-winning participants will not be further contacted. Consumers will be able to play game codes through December 31, 2008. If you are a potential winner, you will be required to enter your full name, complete address, email address and phone number so you can be notified by mail (see Rule #6 for details). Plays generated by a robotic, programmed, script, macro or other automated means are prohibited and will be disqualified. Sponsor is not responsible for mail requests that are late, lost, stolen, damaged, mutilated, separated, incomplete, illegible, postage due, or misdirected. No other form of Play is valid other than as set forth above. All entry information becomes the property of the Sponsor.
6. CONDITIONS OF PARTICIPATION: Participants agree (a) to these Official Rules and the decisions of Sponsor which are final and binding, (b) that Sponsor, T-Mobile, their parents, subsidiary and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, are released and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Game or Game-related activities and (c) except where legally prohibited, winner grants (and agree to confirm that grant in writing) permission to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image and biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. 7. REQUIRED DOCUMENTATION: Winners may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days after notification. If documents are not returned on a timely basis, or if any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and an alternate winner selected. Should a prize be won by a minor (determined by the jurisdiction of primary residence), all affidavits, releases and other documents must be executed by the parent or legal guardian of the minor, on behalf of himself and the minor, or prize may be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, minor winner’s parent or legal guardian. Failure to comply with any of these requirements may cause prize to be forfeited and awarded to alternate winner. 8. GENERAL PROVISIONS: Neither Sponsor nor its agencies, are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Game, or by any human, or other error, which may occur during this Game. Persons who tamper with any aspect of the Game, as solely determined by the Sponsor will be disqualified. If due to a computer programming or other error, more prizes are claimed than intended to be awarded according to Rule #5, prizes will be awarded in a random drawing from among all prize claims received. If a drawing is required, it will be conducted by a third party judging organization who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be liable for more than the stated number of prizes in Rule #5. Game pieces are void if not obtained through authorized, legitimate channels or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if game pieces contain or are a result of printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sole liability for regular Official game piece is limited to replacement with free randomly selected Official game piece, while supplies last. No more than the stated number of prizes will be awarded. In the event that production, seeding, printing or mechanical or other errors or any other reasons cause more than stated number of prizes set forth in these Official Rules, to be available and/or claimed in any prize category, Sponsor reserves the right to award only the stated number of prizes. 9. GOVERNING LAW AND ARBITRATION: This Game will be governed by and interpreted under the laws of the State of Texas, without application of any conflicts of law rules. Disputes between the parties or their affiliates related to this Game shall be submitted to final, binding arbitration heard by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (except as modified herein). Any counterclaim not brought within thirty (30) days after receipt of the arbitration notice shall be barred. The arbitration shall be conducted in Dallas County, Texas in English. Unless otherwise specified herein, the arbitrator may award any relief that he deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction. 10. WINNERS LIST: For the names of the winners, write your name and address on a 3”x5” card, and mail in first-class, stamped envelope to: Nokia/T-Mobile “XpressMusic Ticket Offer” Instant Win Game Winners List, P.O. Box 4636, Dept. 4964-727 Young America, MN 55558-4636 for receipt by January 30, 2009. 11. SPONSOR: Nokia Inc., 6000 Connection Drive, Irving, TX 75039. Do not send correspondence to this address. ©2008 Nokia. |
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