T-Mobile Tuesdays – Week #155 – Win a trip for 2 to Hilo, Hawaii
No Purchase Necessary To Enter Or Win. Making A Purchase Will Not Improve Your Chances Of Winning. You Do Not Need The T-Mobile Tuesdays App To Participate. Void Where Prohibited By Law.
1. Overview: This T-Mobile Tuesdays Week #155 Sweepstakes (the “Sweepstakes”) begins at 5:00:00 a.m. Eastern Time (“ET”) on Tuesday, May 21, 2019, and ends at 4:59:59 a.m. ET on Wednesday, May 22, 2019 (“Promotion Day”). This Sweepstakes is associated with a larger promotional campaign that Sponsor (defined below) operates via its T-Mobile Tuesdays App (“App”). These Official Rules apply only to the individual Sweepstakes identified above and not any of the other activities offered via the App or in social media, including the T-Mobile customer exclusive offers available in the App (“Customer Exclusive(s)”). Customer Exclusives and other promotional activities are separate from the Sweepstakes and will be subject to their own terms and conditions. By participating in the Sweepstakes, you are agreeing to be bound by the decisions of Sponsor (defined below), which are final and binding with respect to all aspects of the Sweepstakes.
2. Eligibility: The Sweepstakes is open to legal residents of any one (1) of the fifty (50) United States, the District of Columbia and Puerto Rico (collectively, the “Territory”) who are at least thirteen (13) years of age at the time of participation (each an eligible “Participant”). Employees, officers, directors, members, managers, agents and representatives of T-Mobile USA, Inc. (“Sponsor”), Twentieth Century Fox and Element (collectively, the “Prize Partners”) and each of the foregoing entities’ respective affiliates, subsidiaries, as well as the immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director and any other party participating in the development, design, administration or fulfillment of this Sweepstakes (all of the foregoing entities and individuals, together, “Released Parties”), and the immediate family members of any such individual (spouse, IRS-dependent, biological, foster, in-law, adoptive or step- mother, father, sister, brother, child, husband or wife, and their respective spouses, regardless of where they reside), and those living in the same household of any such individuals, whether or not related, are not eligible. This Sweepstakes is void where prohibited by law.
To Be Eligible To Win: Winning the grand prize (“Grand Prize”) requires that the Potential Prize Winner (defined below) of the Grand Prize is, and remains, in compliance with these Official Rules. Until a Potential Prize Winner (see Rule 4) is verified to be eligible and in compliance with these Official Rules, the Potential Prize Winner is, and will remain, a Potential Prize Winner, unless the Potential Prize Winner is disqualified for not complying with the Official Rules, including for entering via more than two methods (App, Sweepstakes Site and/or AMOE Page [some terms defined below]) and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any Potential Prize Winner who Sponsor determines is not permitted by law to receive the Prize. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. Corporations and companies (of any type) cannot be winners in this Sweepstakes and are not entitled to any prizing won by their employees. Only natural people can be winners in this Sweepstakes.
3. How To Enter: To participate in this Sweepstakes, during the Promotion Day, eligible Participants can use the App, visit the T-Mobile Tuesdays website (www.T-MobileTuesdays.com) (“Sweepstakes Site”) or visit the AMOE Page all as instructed below. NOTE: Participation through the App and Sweepstakes Site is available only to current T-Mobile customers (except T-Mobile pre-paid customers, who may only enter through the App or the AMOE Page); non-customers may participate in the Sweepstakes, but must do so using the AMOE Page. All Participants have the same odds of winning regardless of the channel in which they enter. The odds of winning the Prize will be determined by the number of entries received via all methods.
A. T-Mobile Customers:
(i) Via the T-Mobile Tuesdays App: The App is free and available for iOS and Android download through iTunes and Google Play. Once the App is successfully downloaded, new Participants may begin the registration process required in order to participate in this Sweepstakes, which includes accepting the App Terms & Conditions. Standard message & data rates may apply. Participants will be asked to enter a T-Mobile phone number. NOTE: If a Participant becomes signed out by any means, they will need to go through registration again.
Participants who enter a valid and eligible T-Mobile phone number will be sent an SMS text with a confirmation code. This code must be entered into the “ENTER YOUR CONFIRMATION CODE” field in order to confirm their phone number (they can choose to participate without receiving an SMS text by visiting the AMOE Page described below). Upon successfully entering the confirmation code and selecting “ENTER” or similar button, the Participant, if validated, will see a confirmation screen. Upon clicking “START IT UP” or similar button, the Sweepstakes will open for the Participant to begin. Already registered Participants may open the App and will not need to go through the verification process again. Participants should then tap “ENTER TO WIN” to agree to the Official Rules and to receive one entry for the chance to win the Prize. The odds of winning the Prize is determined by the number of entries received via all methods of entry. If during registration a Participant provides information indicating that he/she is not eligible (or fails to provide any required information), he/she will be shown a screen which will inform him/her that he/she is not eligible to participate in the Sweepstakes using the App (because he/she is not a T-Mobile customer, or he/she is not an eligible T-Mobile customer). If such a potential Participant satisfies the eligibility requirements for the Sweepstakes, he/she may participate using the AMOE Page as described in subsection (B) below.
(ii) Via the T-Mobile Tuesdays Sweepstakes Site:
The Sweepstakes Site will be accessible at www.T-MobileTuesdays.com via a computer or web-enabled mobile device. Participants may go to the Sweepstakes Site and, if accessing during the Promotion Day, may be prompted with an optional new user video and tutorial screens before arriving at the home screen. From the home screen, the Participant may click “ENTER” which will take the user to a separate T-Mobile website (“Sign-in Site”). The Sign-in Site will ask Participants to either “Log in with T-Mobile ID” using their T-Mobile phone number and password or to “Sign up for a T-Mobile ID” and follow steps for T-Mobile ID registration. Once Participants have successfully logged in or registered on the Sign-in Site, they will be taken back to the Sweepstakes Site to accept current Terms & Conditions if they have not done so already.
After accepting the Terms & Conditions, Participants will be brought back to the home screen and should click “ENTER TO WIN” to accept the Official Rules and to receive one (1) entry into the Sweepstakes. The odds of winning the Prize will be determined by the number of entries received via all methods of participation. If during registration a Participant provides information indicating that he/she is not eligible (or fails to provide any required information), he/she will be shown a screen which will inform him/her that he/she is not eligible to participate in the Sweepstakes using the Sweepstakes Site (because he/she is not a T-Mobile customer, or he/she is not an eligible T-Mobile customer). If such a potential Participant satisfies the eligibility requirements for the Sweepstakes, he/she may participate using the AMOE Page as described in subsection (B) below.
B. AMOE Page. During the Promotion Day, Participants may visit the website located at amoe.t-mobiletuesdays.com (“AMOE Page”) and follow the instructions to register and receive one (1) entry into the Sweepstakes. The odds of winning the Prize will be determined by the number of entries received via all methods of entry.
Participants must provide all data requested on the registration form, including their first name, last name, email address, phone number (including area code), physical address (including street, city, state and ZIP; no P.O. boxes) and agree to the Official Rules, in order to receive one (1) Sweepstakes entry.
There is a limit of one (1) entry per person/valid email/mobile number via App, Sweepstakes Site or AMOE Page. Any attempted participation outside of the Promotion Day or attempts to participate in excess of the limits stated herein (including, without limitation, by providing multiple sets of or false contact information or registering for multiple user accounts) are void and Participant may be disqualified in Sponsor’s sole discretion. Sponsor’s clock for the App, the Sweepstakes Site and AMOE Page shall be the official timekeeper of the Sweepstakes for those entry methods. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any participation by such person void.
All Participants are required to comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising at 16 CFR 255 (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). These obligations include disclosing in any social media post or communication, or any other communication, that they make about the Sweepstakes, Sponsor or Prize Partner that they are Participants in the Sweepstakes if the post or communication is incentivized by Sponsor (e.g., if Sponsor gives you an entry in the Sweepstakes in exchange for you posting a comment about Sponsor, Prize Partner or the Sweepstakes).
Sponsor may prohibit a Participant from participating in the Sweepstakes and/or winning the Prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Sweepstakes by participating via more than one method (App, the Sweepstakes Site and/or AMOE Page) or by cheating, hacking, deception or engaging in other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or Sponsor or its agents or if Participant has or has attempted to submit malicious code, .exe files or any file that contains malicious code.
4. Random Drawing/Winner Notification: From among all eligible entries received during the Promotion Day, the Sponsor will randomly draw the potential prize winner (“Potential Prize Winner”) on or around May 22, 2019. The Potential Prize Winner’s verification will be under supervision of Sponsor, whose decisions are final and binding on all matters relating to the Sweepstakes. The Potential Prize Winner will be notified via phone within approximately two business days following the drawing. If the selected Potential Prize Winner does not respond to Sponsor within two business days of being notified, is found to be ineligible, or cannot or does not comply with these Official Rules, such Potential Prize Winner may be disqualified, and an alternate Potential Prize Winner may be chosen (time permitting), by random drawing from among all remaining eligible entries received, all as determined by Sponsor in its sole discretion. The Prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate potential winners (time permitting) for any reason. Odds of winning the Prize depend on the actual number of eligible entries received during the Promotion Day. Potential Prize Winner will be subject to verification.
5. Verification of The Potential Winner: Upon receiving notification that he/she is a Potential Prize Winner, the Potential Prize Winner (or his/her parent/legal guardian if Potential Prize Winner is under the age of majority in his/her state of residence a “Minor”) must follow all instructions to complete the prize claim and verification processes or the Grand Prize will be forfeited. The initial prize-claim process (see Rule 4 above), must be completed by the date specified below for the Grand Prize. Following completion of this initial prize claim process, Potential Prize Winner may then (in Sponsor’s sole discretion) be required to complete, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release, where legal, a guest release and, as applicable, an IRS Form W-9 and any other documents that the Sponsor may request (collectively the “Prize Claim Documents”) within five business days of the date that such Prize Claim Documents are sent to Potential Prize Winner. If the Potential Prize Winner does not complete the initial prize claim process or does not provide the Sponsor with the required Prize Claim Documents by the specified deadline and in accordance with these Official Rules and Sponsor’s instructions at that time, the Prize may be forfeited and, in that case, may not be awarded to an alternate Potential Prize Winner. Any failure to comply with these Official Rules or failure to properly claim the Grand Prize or to complete and return required Prize Claim Documents by the deadline set by Sponsor will result in disqualification and the Prize will go unawarded. If Sponsor so elects, the Potential Prize Winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility, security requirements set by Sponsor or the Prize Partner and to help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor or the Prize Partner into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Sweepstakes or the Sponsor or on the Prize Partner, all as determined by Sponsor in its sole discretion.
In the event of a dispute as to the identity or eligibility of the winner based on the mobile phone number submitted, the Grand Prize will be awarded to the T-Mobile telephone number primary account contact, or for an email account, shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider or other online organization responsible for assigning email addresses for the domain associated with the submitted email address at the time the play is submitted, but only if that person meets all other eligibility criteria detailed in these Official Rules.
6. Prize; Odds Of Winning; Approximate Retail Value (“ARV”):
App, Sweepstakes Site and AMOE Page Participants have the same odds of winning, and the Prize for all such methods is awarded through the same systems.
If a Participant receives a phone call indicating that he/she is a Potential Prize Winner, that Participant must provide his/her details to receive Prize Claim Documents and return the executed documents no later than the deadline for the Prize set forth below.
One (1) Grand Prize: The winner of the Grand Prize, subject to verification, will receive a trip for two adults to Hilo, Hawaii. Grand Prize includes round-trip, coach-class air travel from winner’s nearest major U.S. airport to Hilo, Hawaii, four days’ car rental from Hilo airport, three nights’ luxury hotel accommodations (one double occupancy room) in Hilo in Sponsor’s sole selection. Winner can select one Adventure: 1) Jean Grey: a Mauna Kea Stargazing expedition (full day) with expert guide and picnic dinner plus a zipline adventure tour (2.5 hours) including ziplines, equipment and expert guide; OR 2) Dark Phoenix: a helicopter flight (approx. 50 mins.) and after-dark volcano adventure with a three-course dining experience at the rim of a volcano, ARV: $4,995. No meals, room service, excursions, attractions, treatments, visas or other incidentals are included in the Grand Prize. All elements of the Grand Prize are subject to availability; if unavailable, experiences and items of a similar nature and value may be offered. Winner will also receive a check for $2,140 that he/she may use for taxes and/or travel/miscellaneous expenses in his/her sole discretion, total ARV: $7,135. Winner must provide three preferred travel dates no later than six weeks prior to departure. Prize cannot be taken over Christmas, New Year’s or U.S. Public Holidays. Travel must be completed within twelve months from the date of notification of winning.
Note: For the Dark Phoenix Adventure, due to the high altitude, it is not advised for those with respiratory, circulatory or heart conditions, poor health or who may be/are pregnant. No children under 16; participants should be able to hike on uneven or rocky terrain, and closed toe shoes must be worn. Additionally, for the helicopter tour, weight restrictions will apply and passengers exceeding the maximum limit may be required to purchase an additional seat on the day of the tour. For the Jean Grey zip line tour, the minimum age is 10 years old, the minimum weight is 80 lbs. and the maximum weight is 240 lbs. Children under 14 years old must be accompanied by an adult 18 years old or over, and children aged 15 to 17 years old must have a waiver signed by an adult. Participants should be in good health and condition. People with serious neck, back or joint injuries or chronic heart problems should use their own discretion about their capabilities to safely participate. Winner and guest must choose the same activity. This Prize is subject to Additional Prize Terms below.
There is only one Grand Prize available in this Sweepstakes. The total ARV for the Grand Prize is: $7,135.
Additional Prize Terms: All Prize details not stated in the above Prize description will be determined by Sponsor (or the Prize Partner) in its sole discretion. The Grand Prize winner will be solely responsible for all applicable federal, state and local taxes associated with the acceptance, receipt and use of the Grand Prize (and any portion thereof). Grand Prize consists only of items/amounts specifically listed. The Grand Prize is not transferrable, and no substitution or cash value is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize or portions thereof with a prize of equal or greater approximate retail value for any reason. The winner will be issued a 1099 tax form for the actual value of the Grand Prize. Sponsor does not represent that any money provided as part of the Grand Prize to help towards taxes will be sufficient to cover Winner’s potential tax liability associated with winning the Grand Prize. If Winner (or Winner’s guest) does not accept or use the entire Grand Prize or is unable to participate in the travel or other portion of the Grand Prize, the unaccepted or unused part of the Grand Prize will be forfeited and will not be substituted for cash or any other prize, and the Released Parties will have no further obligation with respect to the Grand Prize or portion thereof. The Released Parties will not replace any lost, mutilated or stolen tickets, passes, vouchers or certificates included in the Grand Prize. If Sponsor determines at any time in its sole discretion that the Winner or Potential Prize Winner is ineligible or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person, even if he or she has been notified or announced as the Winner.
Any and all costs, fees (including, but not limited to, luggage fees and transportation between Winner’s home and departure airport) and expenses not expressly included in the Grand Prize description are the sole responsibility of the Winner. Any difference between the ARV and the actual value of the Grand Prize will not be awarded, and any difference will not be refunded. No insurance is provided as part of the Grand Prize, and obtaining any insurance, such as but not limited to, travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the Winner and/or Winner’s guest(s) (if any). Travel and other arrangements will be determined by Sponsor or Prize Partner (where applicable). If Winner is a Minor, Winner’s guest must be Winner’s parent/legal guardian; and if Winner’s guest is a Minor, guest must be Winner’s child or legal ward and meet the required age for activity participation noted in the Prize Description. Air travel will be round-trip (originate from and end at the same airport), coach-class from and to an airport selected by Sponsor. Reservations must be made, and tickets issued prior to travel. Tickets and certificates are non-refundable and non-transferable and are not redeemable for cash. Changes to reservations are not permitted. Winner and guest must travel together on the same itinerary and are solely responsible for having any required travel-related documents (including valid government-issued photo ID and/or any required passport or visa) prior to departure as well as fulfilling any/all travel and security requirements. Sponsor reserves the right in its sole discretion to designate all flight/travel particulars and route or routes (as the case may be). Failure to complete the trip portion of the Grand Prize (or any portion of the Grand Prize) does not relieve the Winner of his/her tax obligations associated with winning the Grand Prize. Flight schedules are subject to change without notice. For car rental, the named driver must be aged 21 or over, with a full, clean driving license; any driver aged 25 or under, or with less than three years’ driving experience, may need to pay a supplementary cost for car rental. A valid credit card in the name of the named driver will be required for security deposit purposes when renting the car. No Released Party will be liable for any missed opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Tickets for any activity may not be transferred or sold and are subject to the additional conditions/restrictions imposed by Prize Partner as specified thereon. Winner may be required to provide a current valid major credit card at time of hotel check-in to cover incidentals and any and all costs, fees and expenses incurred by Winner and not expressly stated in the prize description. Once a guest is determined, that guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. Winner (and guest) agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize-related activity. Winner (or his/her parent/legal guardian if winner is a Minor) understands and agrees that Sponsor and the Prize Partner reserve the right, in their sole discretion, to disqualify and remove or to deny entry to Winner and/or his/her guest if they engage in non-sportsmanlike or disruptive behavior or with intent to annoy, abuse, threaten or harass any other person. Winner is solely responsible for the behavior of his/her guest. If any activity relating to the Grand Prize is cancelled or postponed for any reason, the balance of the Grand Prize will be awarded in full satisfaction of the Prize awarded.
7. General Conditions: By entering the Sweepstakes, Participants unconditionally: (1) agree to be bound by these Official Rules and the decisions of Sponsor and/or Administrator (defined below) and any independent judge(s) used by Sponsor, which will be binding and final in all matters pertaining to the Sweepstakes; (2) grant (and agree to confirm that grant in writing) Sponsor, the Prize Partner and each of their respective designees to use Grand Prize Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed (including, but not limited to publishing the Prize Winner’s name on Sponsor’s and the Prize Partner’s Instagram and/or Facebook pages), in perpetuity, without further compensation, except in Tennessee and where prohibited by law; and (3) agree that Participant’s wireless service provider may release any Participant’s phone number(s) to the Sponsor or its designees for use in contacting Participant and determining Participant’s eligibility to receive the Grand Prize.
8. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for, and specifically disclaim any liability for or arising out of, any of the following regardless of cause, in connection with the Sweepstakes: (1) any incorrect or inaccurate information, whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (2) technical difficulties or failures of any kind including, but not limited to, malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers; (3) bugs, viruses, worms, Trojan horses or similar malicious attacks; (4) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions; (5) any responsibility and/or liability with respect to the Sweepstakes and/or the Prize (including any property loss, damage, personal injury or death) in connection with participation in this Sweepstakes, the offering or announcement of the Grand Prize, or the acceptance/possession, use/misuse and/or defects of the Grand Prize awarded herein; including any travel included in the Grand Prize; (6) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen or mutilated transactions, subscriptions or entries or garbled, lost, misrouted or scrambled transmissions; or (7) unauthorized human and/or mechanical intervention in the Sweepstakes or any other part of the participation process in this Sweepstakes. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (a) by any wrongful, negligent or unauthorized act or omission on the part of any supplier of any element of the Grand Prize or any of their agents, airlines, servants, employees or independent contractors, (b) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, or (c) by any other cause, condition or event whatsoever beyond the control of the Released Parties or their parents, subsidiaries and affiliated companies. CAUTION: Any attempt by a person or entity to damage any website, app or platform or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and/or civil laws and, should such an attempt be made, Sponsor and Prize Partner reserve the right to seek damages and/or other remedies (including attorneys’ fees) from any such individual(s) or entity(ies) responsible for the attempt to the fullest extent permitted by law.
9. Release/Waiver/Indemnity: To The Maximum Extent Permitted By Applicable Law, by entering, each Participant (and guest, if applicable) and each of their agents, assignees, executors and successors agree to indemnify, defend, hold harmless and fully release and forever discharge each of the Released Parties and their respective shareholders from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Sweepstakes, including without limitation, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation in this Sweepstakes or resulting from acceptance, possession, quality, use or misuse of a Prize, or any portion thereof, or preparation for or travel to or from any prize-related or Sweepstakes-related activity. The Released Parties are not responsible for any additional expenses, omissions or delays resulting from any acts of any government or authority. If applicable, the prize winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of his/her guest(s) related to any prize related activity, including, without limitation, any actions, claims or liabilities related to the use of the prize.
Disclaimer Of Warranties. To the maximum extent permitted by applicable law, the Released Parties make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize in connection with the Sweepstakes. To the maximum extent permitted by applicable law, and without limiting the generality of the foregoing, prizes are provided “as is” without warranty of any kind, either expressed or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement
A. Disqualification. It is the Participant’s sole responsibility to ensure that he/she has complied in full with all conditions and requirements contained in these Official Rules. If any Potential Prize Winner is found to be ineligible, or if he/she has not complied with these Official Rules, or declines the Prize for any reason prior to award, such Potential Prize Winner will be disqualified, and the Prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic participation, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor and Prize Partner reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors. Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, that any Sweepstakes materials and/or Prize Claim Documents reflect printing or other errors or if it determines, in its sole discretion, that the Sweepstakes, App, AMOE Page or Sweepstakes Site is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, computer viruses or other deleterious programs or materials, unauthorized human or mechanical intervention, glitches or printing or production errors) have destroyed or severely undermined the proper operation, integrity and/or feasibility of the Sweepstakes. In the event that Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, 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, provincial or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Only the type and quantity of Prizes described in these Official Rules will be awarded. In no event will more Prizes be awarded than set forth in these Official Rules. If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more Potential Prize Winners come forward seeking to claim Grand Prizes in excess of the number of Grand Prizes set forth in these Official Rules, the winner of the Grand Prize may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances.
C. Invalidity. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by the Sponsor.
11. Disputes/Choice Of Law: Except where prohibited, Participants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes (including any and all disputes, claims and causes of action arising out of or connected with the Grand Prize, the availability or use or same; or the conduct of the Sweepstakes), shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and (2) waive any right to seek or obtain injunctive or other equitable relief; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Sweepstakes (if any), but in no event attorneys’ fees; and (4) under no circumstances will a Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, special, exemplary and consequential damages and any other damages, other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and/or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard for conflicts of law doctrine of Washington or any other jurisdiction, and all proceedings shall take place in King County, Washington.
12. Official Rules: These Official Rules will be available at the Sweepstakes Site (www.T-MobileTuesdays.com) during the Promotion Day. To receive a copy of the Official Rules, mail a self-addressed, stamped envelope to Redemption Center: T-Mobile Tuesdays Sweepstakes – Week #155 Official Rules Request, P.O. Box 1561, Chicago, IL 60690. All requests must be postmarked by December 20, 2019, for receipt by December 27, 2019. Vermont residents with a return address located in Vermont may omit return postage. Limit one (1) request per outer envelope.
13. Winners List: To find out who won, mail a #10 self-addressed, stamped-envelope (“SASE”) to Redemption Center: T-Mobile Tuesdays Sweepstakes – Week #155 Winners List Request, P.O. Box 1561, Chicago, IL 60690. All requests must be postmarked by December 20, 2019, and received by December 27, 2019. Limit one (1) request per outer envelope.
14. Sponsor: T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue, Washington, USA 98006. Administrator: The Marketing Store Worldwide, LP, 55 W. Monroe, Chicago, IL 60603. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Apple Inc. All entry data provided online is provided to Sponsor.
© 2019 T-Mobile USA, Inc. All rights reserved. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved. By participating, you understand that you are providing your information to the Sponsor and not to the Prize Partner.