NO PURCHASE OR MOBILE PHONE NECESSARY TO ENTER OR WIN. PURCHASE OR MOBILE PHONE TEXT PARTICIPATION DOES NOT INCREASE CHANCE OF WINNING. INTERNET ACCESS REQUIRED.
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ELIGIBILITY:
The B4P™ ("B4P") Arcade Game ("Game" or "Promotion") is open and offered only to legal residents of the 50 United States or the District of Columbia, 18 years of age or older, who are participants in the B4P Auction Sweepstakes ("Prize Game") and have registered at www.B4P.com at time of Arcade Game participation. Employees, officers and directors of New Motion, Inc., ("Sponsor" or "New Motion"), and KS Promotions, Inc. ("KSP"), those responsible for the development, promotion, distribution and implementation of this Promotion, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, Web masters/suppliers, and printing suppliers for this Promotion, and the immediate family members (parents, siblings, children and spouse), regardless of where they live, or persons living in the same household, (whether related or not), of such employees, officers and directors are ineligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating you agree (and if you are a minor in your jurisdiction of residence ["minor"] your parent/legal guardian agrees) to these Official Rules and the decisions of KSP, the Game Administrator, and/or Sponsor which are final and binding in all respects. Void where prohibited.
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PROMOTION PERIOD:
Promotional period begins on 8/1/07 at 12:00:01 a.m. Pacific Time ("PT"), and ends on 7/31/08 at 11:59:59 p.m. PT ("Promotion Period"). A month begins at 12:00:01 a.m. PT on the first calendar day of a month and ends at 11:59:59 p.m. PT on the last calendar day of the month. A day begins at 12:00:01 a.m. (PT) and ends the following 11:59:59 p.m. PT. The Promotion computer is the official time keeping device for the Promotion. The Promotion Period also contains four (4) Promotional Quarters ("Quarters") defined as follows: Quarter 1 - 8/1/07-10/31/07; Quarter 2 as 11/1/07-1/31/08; Quarter 3 as 2/1/08-4/31/08 and Quarter 4 as 5/1/08-7/31/08. Each Quarter begins at 12:00:01 a.m. PT on the first calendar day of the Quarter, and ends at 11:59:59 p.m. PT on the last calendar day of the Quarter.
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TO PARTICIPATE:
(a) Tokens: During participation in the B4P Prize Game one Token will be awarded for each guess placed and one token will be awarded if you respond to a message forwarded by Sponsor (but there is a limit of one token by the response-to-message method each day). There is a limit of 21 tokens per day. Tokens awarded during any month will expire at the end of that month, and tokens remaining in an Account at the end of any month will be removed from that Account. Tokens will be deposited in the Account established by Sponsor for each participant in the B4P Prize Game. Access to that Account will require the participant to enter his/her password and username selected when the participant registered for the B4P Prize Game at the Web site.
(b) Log on to www.B4P.com or www.B4P.com ("Web site") and click on the icon, banner, text or tab link to be taken to the Game Arcade. THE GAME ARCADE CANNOT BE ACCESSED BY TEXT MESSAGE, AND GAMES IN THE ARCADE CANNOT BE PLAYED BY TEXT MESSAGE.
(c) There will be various games offered. When you choose the game you wish to play click on the icon for that game and one token will be removed from your Promotion Account. You will be taken to that game's play page where directions and rules for play will be available. Click on the play or start button. Your score or result in the game will have no affect on your ability to win an Instant Win prize.
(d) When you click on the play or start button you will receive one Instant Win game play.
(e) At any time and from time to time the games in the game arcade can be changed by the Sponsor.
(f) Clicking on the play or start button and each game play must be manually key stroked by the participant. Any use of robotic, automatic, macro, programmed, third party, bot or like start or play methods will void all such starts and plays by such methods, and any participant using any such method will be disqualified and may be disqualified from any other Promotions sponsored by Sponsor.
(g) Agreement to Official Rules: To participate in this Game Arcade you must acknowledge and affirm that you have read and agree to this Promotion's Official Rules by clicking in that box when you register.
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MONTHLY INSTANT WIN GAME/PRIZES/ODDS:
The total approximate retail value of the prizes offered in each month of the Promotion's Instant Win game will be $14,000, and the prizes offered in each month's Instant Win game may be changed from month to month as solely determined by Sponsor. For each of the Instant Win prizes offered each month, a randomly selected day and time will be pre-selected for that month. The first play (clicking of the play or start button for a game in the game arcade) which is received and recorded by the Promotion computer at a randomly selected particular day and time will win the Instant Win prize for that day and time. If no play is received and recorded at that day and time, then the first play received and recorded after that day and time will win the prize. You can play as often as you wish and whenever you wish provided that you have a sufficient number of tokens in your Account for each play. Instant Win Prizes available each month:
(1) $10,000 Prize awarded to the winner in the form of a check
(40) $100 Prizes awarded to the winner in the form of a check.
Odds for Instant Win prizes in a particular month are dependent on the number of participants and valid plays entered in the month, the random times selected for prizes in that month and the time any particular participant plays in that month.
Monthly prizes which are not awarded or claimed, or are forfeited will be awarded in a second chance drawing.
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GRAND PRIZES FOR THE QUARTER PROMOTION PERIODS/ODDS:
During the first, second, third and fourth Quarters of the Promotion Period, when you play the Instant Win Game you will also be playing for a Grand Prize.
(4) Grand Prizes (one to be available to be won in each of the first, second, third and fourth Quarters): one-million dollars each, paid as a 40 year annuity in equal installments of $25,000 per year, without interest.
Only one Grand Prize will be available to be won in each of the stated Quarters.
Odds for the Grand Prize are 1:25,000,000 in each of the stated Quarters.
GRAND PRIZES THAT ARE NOT AWARDED OR CLAIMED OR ARE FORFEITED WILL NOT BE AWARDED.
For All Prizes: All winning plays are subject to verification, and compliance with these Official Rules. If you have won a prize, you will be instructed on the method for claiming the prize. Expenses not stated are the sole responsibility of the prizewinner. If a winner cannot accept a prize as stated, prize will be forfeited in its entirety and if it is stated as a second chance drawing prize awarded to an alternate winner. No assignment, transfer or substitution, or cash redemption of prize is permitted, but Sponsor reserves the right to substitute any prize with one of equal or greater value should prize become unavailable. If a winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner's parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner. All taxes are the sole responsibility of the winner.
Second Chance Drawing: Should a monthly prize not be awarded or claimed or be forfeited, those prize(s) for that month will be awarded in a second chance random drawing only from the Game Arcade participants for that month. The drawing will be conducted by an independent judging agency on or about 15 days after the final day of the month. Potential Second Chance drawing winner(s) will be notified by mail, overnight mail or by such other method as determined by Sponsor on or about 5 business days after the drawing. Odds for Second Chance drawing for any month depend on the number of eligible entries received and available prizes for that month.
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GENERAL CONDITIONS:
Each potential winner, and potential winners' parent/legal guardian if potential winner is a minor, may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and, where lawful a Publicity Release within seven (7) days of date on notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if a potential winner does not respond timely to a notification, or if winner is found to be ineligible, or otherwise not in compliance with these Official Rules, disqualification and prize forfeiture may result and an alternate winner selected if it is a stated as a second chance drawing prize. Each winner (and winner's parent/legal guardian if winner is a minor), grant to Sponsor, (and agree to confirm that grant in writing) and those acting pursuant to Sponsor's authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, in perpetuity, the winner's name, portrait, picture, voice, likeness, statements, and biographical information for advertising, trade, commercial and promotional purposes without notification, approval or review, and without additional consideration, unless prohibited by law . By participating, participants (and participants parent/legal guardian if participant is a minor), release and agree to hold harmless Sponsor, New Motion, Inc., KS Promotions, Inc., their respective parents, affiliates, subsidiaries, advertising and promotion agencies and all of their respective directors, officers, employees, representatives and agents (individually and collectively "Releasees") from any and all liability for any injuries, loss or damage (whether due to negligence or otherwise) of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Promotion related activity, or participation in this Promotion. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages, other than the actual cost of participating in this Promotion
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RESERVATION OF RIGHT TO MODIFY:
The right is reserved to suspend, modify, change or terminate the Promotion should technological changes during the term of the Promotion, or any law (whether statute, regulation, rule or ordinance) or enforcement policy or practice of any law, in the sole opinion of Sponsor, require any suspension, modification, change or termination of the Promotion.
Sponsor will seek to have any fraudulent activities prosecuted to the full extent of the law.
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LIMITATIONS OF LIABILITY:
Releasees are not responsible for lost, late, incomplete, stolen, misdirected, postage due, separated or illegible, mail, entries, Instant Win plays or email; or for any computer, telephone, satellite, cable, network, electronic, Internet, or wireless hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, jumbled, or dropped, transmissions, phone calls, service provider/Internet/web site/wireless/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, entry, Bidding, Instant Win play or other information, or the failure to capture, or loss of, any such or similar information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, wireless phone users or tampering or hacking, or by any of the equipment, phones or programming associated with or utilized in the Promotion and 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 the Web site or wireless phone operation. Releasees are not responsible for injury or damage to participants' or to any other person's computer or MOBILE phone related to or resulting from participating in this Promotion or downloading materials from or use of the Web site or participation by MOBILE phone. If, for any reason, this Promotion, as determined by Sponsor or KSP, or any part thereof, is not capable of running as planned by reason of infection by computer or MOBILE phone or virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor and/or KSP, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, and award the prizes in a manner deemed fair and appropriate by Sponsor. Any individual found as solely determined by Sponsor and KSP to be tampering with the entry process or the operation of the Promotion or Web site or MOBILE phones; to be in violation of the Terms of Service of the Web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person may be disqualified. In the event of a dispute as to the identity of an entrant entering via the methods set forth above, the authorized account holder of the MOBILE phone number or email address used to enter (as applicable) will be deemed to be the entrant and must comply with the Official Rules. "Authorized Account Holder" of a MOBILE phone is the natural person to whom the MOBILE phone number is assigned by the MOBILE wireless phone provider, and the Authorized email account holder of an email address will be deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. In the event of any irregular Instant Win/Grand Prize game play for any reason whatsoever Releasees sole liability will be replacement with another play while supplies last. No more than the stated number of prizes in any prize category will be awarded. In event that production, technical, seeding, programming, digital or any other reasons cause more than stated number of prizes in any prize category as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes in that prize category by a random drawing among all legitimate, un-awarded, eligible prize claims in that category.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.B4P.com or www.bid4prizes.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
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DISPUTE RESOLUTION/CHOICE OF LAW:
Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof, shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted at facilities maintained by the American Arbitration Association for that purpose in Irvine, California. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self-executing, and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement.
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PRIVACY:
The personal information provided will be subject to the Privacy Policy of www.B4P.com or www.bid4prizes.com. To read the Policy access the Web site and click on the Privacy Policy link.
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WINNERS LIST:
For names of the major prize winners, send a self-addressed stamped envelope for receipt by 8/31/08 to: B4P Arcade Game Winners List, P.O. Box 8, Carlsbad, CA 92018-0008. For Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by 8/31/08. The names of winners may also be posted at www.B4P.com or www.bid4prizes.com.
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SPONSOR:
New Motion, Inc., 42 Corporate Park, Suite 250, Irvine, CA 92606.