NO PURCHASE OR CELL PHONE NECESSARY TO ENTER OR WIN. PURCHASE OR CELL PHONE TEXT PARTICIPATION DOES NOT INCREASE CHANCE OF WINNING.
ELIGIBILITY:
The Bid4Prizes Auction SWEEPSTAKES (“Sweepstakes” 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. 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 Sweepstakes Administrator, and/or Sponsor which are final and binding in all respects. Void where prohibited.
PROMOTION PERIOD:
Promotional period begins on 11/01/07 at 12:00:01 a.m. Pacific Time (“PT”), and ends on 01/31/08 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. Whether you participate as a premium text message subscriber, on-line participant at the Web site, or you participate using both methods, will have no effect on your ability to participate or win.
TO PARTICIPATE:
(i) 3 Ways To Participate By Text Message: (1) You may have been a text message participant in a previous Sponsor promotion and elect to continue as a text message subscriber in this Promotion, or (2) you may become a new text message participant by responding to an advertisement for this Promotion by text messaging the short code to the number stated in the advertisement, receiving a text message from the Sponsor asking if you wish to continue as a text message participant and responding to that text message, or (3) registering at the Promotion web site www.bid4prizes.com or www.b4p.com (“Web site”) as a text message participant. Your cell phone number and wireless service provider/carrier will automatically be captured in the Promotion database, and all participation will be limited to that cell phone number unless it is changed. To notify Sponsor of a change in your cell phone number please go to the web site or contact customer service.
(ii) Participation By Text Message (SMS) Automatic Renewing Subscription Plan:
Text Method Participation is an automatically renewing plan of participation subscription. The plan will automatically renew your participation each month on the monthly anniversary of your original (first) day of your participation in the Promotion. On that renewal date your wireless phone bill will automatically be charged $9.99 for a purchase of 30 mobile Bids per day. That charge will appear on your wireless phone bill from month to month for each month you remain a text message participant (whether or not you actually participate by text message during that month). Should you participate for a portion of a month you nevertheless agree to pay and be billed for the full monthly amount. Other charges may apply. For help, text HELP to 81000. If you have questions, please contact customer service at (800) 925-5285. If you choose to cancel your SMS text message subscription plan it will not affect your ability to play on the Bid4prizes.com Web site. At any time during any month you can discontinue your SMS Text Message participation by sending the text message "STOP" to 81000. YOU CAN PARTICIPATE AT ANY TIME WITHOUT PURCHASE AT WWW.BID4PRIZES.COM or www.B4P.com.
(iii) Text Message Service/Carrier Fees: Cell phone or text message service may not be available in all areas. While text message participation is designed to work with most major wireless carriers, Sponsor cannot guarantee that any particular wireless service will be compatible with this Promotion. To participate you may use the following wireless services: Alltel, Boost, Cingular, Sprint, Suncom, and Verizon. Sponsor may change wireless services at any time and from time to time. To participate using text messaging, your mobile phone must be capable of sending and receiving text messages. Wireless service providers may charge a fee under their cellular service contract or service provider agreement for each text message sent and received in connection with the Promotion. You may incur text-messaging charges in connection with attempted “entries/Bids,” Promotion messages and corresponding error or other messages, even if the “entries/Bids” or messages do not go through for any reason whatsoever. Participants are solely responsible for all fees and taxes incurred through their wireless phone service, for text messages or otherwise, associated with participation in this Promotion.
(iv) Text Message Participation Without Web Site Registration: While a text message participant may initially participate without registering at the Web site, registration at the Web site is required (1) to claim a prize, and (2) to establish and access a Promotion Account to (a) play the Instant Win game in the game arcade, and (b) to make purchases with points at the Bid4Prizes Rewards Store. When a text message participant registers at the Web site the participant will be sent a text message confirming registration.
(v) Text Message Participation With Web Site Registration: When a text message participant registers at the Web site he/she must first access the Web site and follow the directions to complete the registration form with his/her name, full address with zip code, email address, gender, phone number, and date of birth, and also select a password and username. When you register if you wish to participate by text message you must complete the field for your cell phone number. If you wish to participate at the Web site you must complete the field for your email address. If you wish to participate using both methods you must complete both the cell phone number and email address fields. Unless subsequently changed, your registered cell phone number and your registered email address will be the only cell phone number and email address from which you can participate. Should you change your cell phone number or email address at any time, to participate from your new cell phone number or email address you must follow the directions at the Web site to effect the appropriate change.
(vi)Text Message Participation Incentive: When you participate as a text message participant and each month you renew text message participation, you will receive an incentive of 1000 points deposited into your Promotion Account that can be used to obtain level 1 prizes at the Bid4Prizes Rewards Store or such other incentive as determined by Sponsor of the same value as the points. ,
As an additional incentive to text message participants, the Sponsor will provide those participants an automatic bidding program. On those days when a text message participant has not placed the permitted maximum 30 Bids, the Promotion computer will issue between 0 and a maximum of 30 Bids (as determined by Sponsor, and the number of Bids determined by Sponsor will be the same for each participant) for the participant but in no case will the number of Bids issued for any participant for any day cause that participant’s total Bids for that day to exceed 30 Bids. All automatic Bids will be made on or about 11:59:59 p.m. PT each day. The Bids will be made only on products that are randomly selected for each participant and only on products that are open for Bid at the time the Bid is made. All Bids made will be for amounts within a range calculated pursuant to a formula determined and uniformly applied by Sponsor. Hints will not be provided for these Bids except that if a new unique low Bid is established both the new unique low Bidder and the former unique low bidder will be notified. Sponsor reserves the right to terminate or modify this automatic bidding program as solely determined by Sponsor, with notice to all automatic bidding program participants as deemed sufficient as solely determined by Sponsor.
(B) Participation By Internet: To participate in the Promotion without using a cell phone or incurring SMS charges, visit www.bid4prizes.com or www.b4p.com (“Web site”) and complete the online registration form. Then follow the directions at the Web site.
(C) Tell A Friend Points: When you register at the Web site you will be given the opportunity to provide the current valid email addresses (BUT NOT CELL PHONE NUMBERS) of up to 10 natural persons who you believe would be interested in participating in the Sweepstakes. We will send an email on your behalf telling those persons about the Promotion. Please provide the email addresses only of those persons with whom you have either personal or professional relationships, who you feel would be interested in hearing about the Promotion, and who would be eligible for the Promotion. Should you have the email forwarded to persons other than as stated, you may be disqualified. For each person who you referred who registers for the Promotion 100 Points will be deposited into your Promotion Account.If more than one Promotion participant provides a particular email address/person, and the referred person registers for the Promotion, that person’s registration will only be credited to the participant who first provided the email address of that person.
(D) Promotion Account: When you register at the Web site a Promotion Account will be established for you. When you earn Points or Tokens as set forth in Rule 7, below, they will be deposited into your Account. If you are a text message participant who has not registered at the Web site Points and Tokens will be maintained in conjunction with your cell phone number. However, to access those Points and tokens you must register at the Web site, have a Promotion Account established, and the Points and Tokens will only then be transferred to that Promotion Account. To access your Account to redeem Points or use Tokens you will be required to access your Account by following the directions and using your password and username. There is a limit of one Account per person, cell phone number and email account. If you are participating both by text message and at the Web site the same Account must be used for both methods of participation. Should any participant attempt to use more then one Account, that participant may be disqualified.
(E) About Passwords and username: Various activities, as solely determined by Sponsor, may require the use of your password and username. If at any time you forget your password and/or username, you may gain access to either by clicking on the "Forgot Your Password" link on the Promotion Web site. Follow the on-screen instructions and your password and/or username will be emailed or sent by text message to you. You are solely responsible for the security of your password and username. You should take precautions to keep them private to prevent unauthorized use. Neither Sponsor, KSP nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a password and/or username. There is a limit of one password and username per person, cell phone number and email account. If you are participating both by text message and at the Web site the same password and nickname must be used for both methods of participation. Should any participant attempt to use more then one password and/or username, that participant may be disqualified.
(F) Agreement to Official Rules: If you register online you must acknowledge and affirm that you have read and agree to the Promotion’s Official Rules by clicking in that box when you register. If you participate by text message without registering at the Web site your participation will be your agreement to the Official Rules.
(G) No Automatic Participation Methods: Except as stated above regarding automating bidding, each Bid must be manually key stroked by the entrant submitting the Bid. Any use of robotic, automatic, macro, programmed, third party, bot or like registration or Bidding or Point or token accrual methods will void all such registrations and Bids, Bidding or Point or token accrual by such methods, and any participant using any such method will be disqualified, and may be disqualified from any other Promotions sponsored by Sponsor.
(H) Users who text Win to 81000 or enter their cell phone at web site and join Bid4Prizes or play for free at Bid4Prizes.com Premium $9.99 monthly subscription is required to play for prizes via text. Plan automatically renews if not cancelled. See full Terms and Conditions at www.b4p.com. No purchase necessary. See Play for Free at www.b4p.com. Non-Premium text message participants will receive up to 2 daily advertiser supported text messages from Bid4Prizes but cannot play for prizes via text. Standard text messaging rates apply. Game ends October 31, 2007. Must be 18 years+ and U.S. resident. Void in GA, LA, MN, ND, TN and where prohibited. Game subject to Official Rules at www.b4p.com.
TO OBTAIN BIDS AND ABOUT BIDS (“Bids” sometimes “entries” are the method of participating in the Promotion):
(A) If you wish to participate by text message on your cell phone you must first purchase your Bids. Bids may be purchased as set forth in Rule 3 (A) (ii) above. You may cancel your subscription by texting the word STOP to 81000. If you opt out of text message participation during a month all Bids you have remaining will be forfeited, and no credit, refund, or any other form of reimbursement will be made for those Bids.
(B) If you participate at the Web site you will be permitted 30 Bids per day. There is no cost or fee for Bids or bidding on the Web site.
(C) Whether you participate by Text Message or at the Web site, or a combination of both there is a limit of 30 Bids per day per person, cell phone number and email account. Once a Bid is made it cannot be changed, altered, modified, withdrawn or retrieved. Bids once made become the sole property of Sponsor and will not be returned.
BIDDING AND WINNING:
(A) During the Promotion Period various prizes will be offered for Bid. If you are a premium member and would like to bid from your mobile phone go to main menu select “Messages” then select “Text Messages” and then select Create/New Message. Text the designated keyword for a specific prize (i.e., iPod) and your Bid for that prize to the phone number 81000. Bids must be made in dollars and cents but without the “$” sign or the decimal point (for example: to Bid $2.50 text 250, to Bid 23 cents, text 23.
(B) To Bid on the Web site follow the on-line instructions to Bid.
(C) To win a particular prize a participant must have the Lowest Unique Bid for that prize which has been received and recorded by the Sponsor’s computer at the close of Bidding for that prize. The “Lowest Unique Bid” is defined as the lowest Bid in dollars and cents for the Prize that is closest to one cent ($.01) that has not been selected by another Promotion participant. Bids cannot be made in fractions of one cent. You will receive tips helping you to determine what the lowest unique bid is at that time. For example, the Lowest Unique Bid will be determined as follows: Bid 1: $2.50; Bid 2: $2.50; Bid 3: $2:51; Bid 4: $2.51; Bid 5: $2:52; Bid 6: $2.53; Bid 7, $2.53; Bid 8 $2.54, then Bid 5 would be the Lowest Unique Bid. In the event a potential Winning Bidder decides not to accept or forfeits the Prize, the entrant with the next Lowest Unique Bid will be offered the opportunity to accept the Prize. This process will continue until the entrant with the next Lowest Unique Bid accepts the Prize. In the event there are no Lowest Unique Bids, Sponsor will choose the winner of the Prize by random drawing from all eligible bids/entries received for that particular prize. All winning Bidders and Bids are subject to verification and compliance with these Official Rules.
PROMOTION NOTIFICATIONS:
During the Promotion, participants who have placed Bids on particular prizes may, at any time and at the sole discretion of the Sponsor, be sent messages concerning, for example but not limited to, the prize upon which the Bid has been placed, the participant’s Bid, and hints concerning prizes and Bidding. Participants may also be sent messages which are generally applicable to the Promotion. These messages will be sent for delivery to the contact provided by the participant, for example, the cell phone number provided by text message participants and the email address provided by the Web site participants. Text message participants may incur text-messaging charges from their wireless service provider in connection with these messages, your responses to the messages, if any, and corresponding error messages even if the messages do not go through.
POINTS AND TOKENS:
(A).Points may be accrued for various activities as determined by Sponsor. POINTS EXPIRE 90 days from the date of un-subscription of premium participants and 90 days from the date of the last bid for inactive standard participants, or on October 31, 2008, whichever comes first. Points may only be used to purchase items available at the Bid4Prizes Rewards Store. For the items available and the terms, conditions and limitations of items access www.bid4prizes.com or www.b4p.com and click on the store icon, banner, text link or tab. The items offered at the store may change any time and from time to time as solely determined by Sponsor. Items purchased will only be delivered in the 50 United States or District of Columbia. Shipping and handling charges will apply and will be posted for each item in the store. If not otherwise stated for a particular item, allow 6 to 8 weeks for shipment.
(B) One Token will be awarded for each Bid made, 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 may only be used in the Bid4Prizes Game Arcade. Each time you access the game arcade you can play one of the games offered to participate in an Instant Win Game. The particular games available to be played at any time and the particular prizes available to be won at any time will be specified at the game arcade. 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.
(C) For Both Points and Tokens: The sale, trading, transfer, assignment, combining, or barter of any Points or Tokens is prohibited. Points and Tokens have no cash value, and may not be purchased or redeemed for cash or credit. Points and Tokens may only be used as stated in these Rules. Notwithstanding anything to the contrary, Sponsor, at its sole discretion, may make Points available for purchase (but will not be obligated to do so), at any time and from to time on terms and conditions solely established by Sponsor.
(D) When Points and Tokens are earned by any participant who has registered on the Web site the Points and Tokens will be deposited in the Account established by Sponsor for that participant, but if the participant has not registered at the Web site the Points and Tokens will be maintained in conjunction with your cell phone number as stated above,. Access to that Account will require the participant to enter his/her password and username. When an item is purchased the number of Points required for the purchase will be removed from the Account and once removed will not be returned to the Account. When a token is used to play in the game arcade, it will be removed from the Account and once removed will not be returned to the Account.
PRIZES/ODDS:
During each month of the Promotion prizes in the following categories may be offered: Camcorders, Car Audio, Home Audio, Cell Phones/PDA’s/GPS, Computer Hardware, Computers, Digital Cameras, Home Video, MP3 players, Gaming and Accessories, Travel, Bikes/ATV/Scooters, Jewelry, Gift Cards, and Cash in the form of a check, and other prizes. The particular prizes for any month will be as solely determined by Sponsor. The prizes available for any month will be posted on the Web site on the first day of that month, together with the day and time Bidding will begin and end for the prize. When a prize is offered for Bidding the prize description and its terms and restrictions will be posted on the web site. Text message participants may occasionally receive a text message advising of the prize for any day and the key word and short code to Bid for that prize. The total Approximate Retail Value (ARV) of the prizes offered will be between $25,000 and $ 35,000 per month, except that an automobile prize with an Approximate Retail Value of $50,000 may be offered for award in the third month, the sixth month, the ninth month and/or the final month of the Promotion Period. The ARV of the prizes in third month, the sixth month, the ninth month and the final month may be between $25,000 and $85,000. When an automobile is offered as a prize the Sponsor may, but will be under no obligation to do so, offer the prize winner the option of accepting the automobile or its stated Approximate Retail Value awarded in the form of a check, in lieu of the automobile. Further, the Sponsor reserves the right, but will be under no obligation to do so, to offer up to an additional two (2) prizes per day in any month(s) with a total Approximate Retail Value for those prizes not to exceed $25,000. Should such prizes be offered they will be posted on the Web site.
There is a limit of one prize per person, household, family, cell phone number, email address or Account within 30 days of the last prize won by any of same
Odds: The odds of winning any prize depends on the number of eligible “bids/entries” for that prize and the amount of each bid. IF NO ELIGIBLE BIDS ARE RECEIVED FOR A PRIZE THAT PRIZE WILL NOT BE AWARDED.
Potential Winner Notification: The potential winner will be notified at the contact provided by the potential winner, for example, the cell phone number provided by text message participants or the email address provided by Web Site participants (or in such other manner as determined by Sponsor) on or about 7 business days after determination of lowest unique bid and bidder for a prize. If the potential winner does not respond to the notice within 5 days after the Sponsor has made 2 attempts to notify the potential winner, that potential winner may be disqualified and an alternate winner selected. To claim a prize you must first be registered at the Web site.
DISCLAIMER OF WARRANTIES: RELEASEES (AS DEFINED IN RULE 9, BELOW) HAVE NOT MADE, DO NOT MAKE, OR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE INCLUDING BUT NOT LIMITED TO ITS QUALITY; AND ANY WARRANTY, REPRESENTATION OR GUARANTEE FOR ANY PRIZE SHALL ONLY BE THAT WRITTEN LIMITED WARRANTY, REPRESENTATION OR GUARANTEE, IF ANY, PROVIDED BY THE PRIZE’S MANUFACTURER OR PROVIDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY SPONSOR, EITHER EXPRESS OR IMPLIED, AND RELEASEES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
For All Prizes: Expenses not stated are the sole responsibility of the prize winner. If a winner cannot accept a prize as stated, prize may be forfeited in its entirety and 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 or out of stock. Unless otherwise stated, prizes do not include accessories for the prize. Allow 8-10 weeks for shipment of the prize. 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.
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 may result and an alternate winner selected. 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 or travel 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.
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.
LIMITATIONS OF LIABILITY:
Releasees are not responsible for lost, late, incomplete, stolen, misdirected, postage due, separated or illegible, mail, entries, Bids or email or Point or token accruals; 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, Point accruals or token accruals 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 cell phone related to or resulting from participating in this Promotion or downloading materials from or use of the Web site or participation by cell 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 cell 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 cell 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. Any use of robotic, automatic, macro, programmed, third party or like entry or Bidding (except as specifically permitted above, or Point or token accrual methods will void all such entries and Bids and Point accrual or token accrual by such methods, and any participant using any such method will 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 cellular 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 cellular phone is the natural person to whom the cell phone number is assigned by the cellular 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. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes, 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 by a random drawing from among all legitimate eligible prize claimants for that prize. In the case of any irregular Bid, the sole liability and responsibility of Releasees is replacement with another Bid, while supplies last.
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.bid4prizes.com or www.b4p.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.
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.
PRIVACY:
The personal information provided will be subject to the Privacy Policy of wwwbid4prizes.com or www.b4p.com. To read the Policy access the Web site and click on the Privacy Policy link.
WINNERS LIST:
For names of winners, send a self-addressed stamped envelope for receipt 8/31/08 to: Bid4Prizes V3 Sweepstakes 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.bid4prizes.com or www.b4p.com.
SPONSOR:
New Motion, Inc., 42 Corporate Park, Suite 250, Irvine, CA 92606.
