OFFICIAL MOBILITYWARE SWEEPSTAKES GENERAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL UNITED STATES RESIDENTS 18 YEARS OF AGE OR OLDER WHO ARE PHYSICALLY LOCATED WITHIN THE UNITED STATES AT THE TIME OF ENTRY AND PARTICIPATION. THIS SWEEPSTAKES IS OFFERED ONLY IN THE UNITED STATES, EXCLUDING ITS TERRITORIES AND POSSESSIONS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ADVERTISING AND RULES PERTAINING TO MOBILITYWARE SWEEPSTAKES ARE INTENDED FOR VIEWING ONLY WITHIN THE UNITED STATES.
DO NOT PROCEED WITH ENTERING MOBILITYWARE SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OF AGE, AND PHYSICALLY LOCATED WITHIN THE UNITED STATES.
NOT SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC., GOOGLE INC., AMAZON INC., OR FACEBOOK INC. BY PARTICIPATING, YOU AGREE TO THESE GENERAL RULES AND THE TERMS OF THE INDIVIDUAL SWEEPSTAKES ANNOUNCEMENT FOR THE SPECIFIC SWEEPSTAKES YOU ARE ENTERING.
1. OVERVIEW: From time to time, MobilityWare offers players of its games such as Solitaire, Vegas Blvd Slots, Match & Rescue, and Blackjack, opportunities to participate in promotional sweepstakes drawings (each a “Sweepstakes”). Unless otherwise noted in the Sweepstakes Announcement for the specific sweepstakes you are entering, these General Rules apply to all Sweepstakes offered by MobilityWare.
2. ELIGIBILITY: MobilityWare Sweepstakes are open to all legal U.S. residents of the 50 United States and the District of Columbia who are at least 18 years of age on the day of entry and who are physically located within the 50 United States and the District of Columbia at the time of entry and participation. Void in Puerto Rico and all U.S. territories and possessions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Sweepstakes are subject to all applicable federal, state, and local laws and regulations and shall be construed and evaluated according to the laws of only the United States. Employees, officers, directors, and agents of MobilityWare Inc. (“Sponsor”), its affiliates and advertising and promotion agencies, and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in the same household (whether or not related) with any of them are not eligible to participate or win. Additional eligibility requirements may be set out in the Sweepstakes Announcement for the specific Sweepstakes you are entering.
3. ENTRY PERIOD: Each Sweepstakes Entry Period will begin at 12:00:01 a.m. Pacific Time (“PT”) and end at 11:59:59 pm PT on the dates announced in the Sweepstakes Announcement for each distinct Sweepstakes, unless otherwise noted. For all purposes, “Pacific Time” means the time that is the current local time in Irvine, California, on the dates identified in the Sweepstakes Announcement. Sponsor’s computer system shall be the official time keeping device for all Sweepstakes.
4. ENTRY METHOD AND LIMITATIONS: The method(s) of entering each Sweepstakes (an “Entry”) and any limit on the number of entries one person (the “Entrant”) can submit will be set out in the Sweepstakes Announcement. When you undertake the steps identified to enter, you become an Entrant.
5. PRIZES: The Prize(s) offered in connection with each Sweepstakes will be identified in the Sweepstakes Announcement for the Sweepstakes. By accepting a Prize, each Winner grants his or her permission (except where prohibited by law) to the use of the Winner’s name, likeness, biographical information, and Prize won for future advertising and publicity in any and all media now existing or hereafter devised throughout the universe in perpetuity, without additional compensation, notification or permission; and agrees to release, discharge and hold harmless the Sponsor, its affiliates, and advertising and promotion agencies and all of their agents, directors, officers, representatives, shareholders and employees (collectively, the “Released Parties”) from any claims, losses, or damages arising out of acceptance or use, misuse or possession of the Prize. EACH WINNER IS RESPONSIBLE FOR ALL TAXES, FEES AND COSTS ASSOCIATED WITH ANY PRIZE WHETHER OR NOT SET FORTH IN THE SWEEPSTAKES ANNOUNCEMENT, and acknowledges that he or she may be required to supply a Social Security Number and address for tax reporting purposes. Sponsor may issue Winner an IRS Form 1099 for tax purposes.
6. WINNER DETERMINATION: For each Prize announced in the Sweepstakes Announcement, an Entrant will be randomly selected by Sponsor or its agent from among all eligible Entries received during the Entry Period. The Entrant who submitted the selected Entry will be considered the potential winner (“Potential Winner”) pending verification and completion of winner requirements.
7. WINNER ANNOUNCEMENT AND REQUIREMENTS: Sponsor will notify each Potential Winner of their selection via an in-app message to the Potential Winner’s account (the “Potential Winner Notification”). Each Potential Winner must respond to Sponsor in the manner described in the Potential Winner Notification and additionally complete and return to the Sponsor any required Affidavit of Eligibility, Release of Liability and Publicity Release within the time period set out in the Potential Winner Notification or as otherwise communicated. Upon compliance with all requirements of Sponsor, the Potential Winner will be declared the Winner of the Prize for which he or she was selected. Any Potential Winner who does not comply with these requirements will be disqualified from the Sweepstakes and forfeit any right to any Prize. Sponsor will then select another Potential Winner using the same procedures as used to select the disqualified Potential Winner.
8. ODDS OF WINNING: The odds of winning depend on the number of eligible Entries received during the Entry Period.
9. DISQUALIFICATION; SPONSOR’S DECISION FINAL: Sponsor reserves the right to disqualify any Entrant that it believes has violated these General Rules or those contained in the Sweepstakes Announcement, is not eligible to participate, who has provided false information, acted in a harassing or unsportsmanlike manner with respect to Sponsor or any other Entrant, tampered with the operation of the Sweepstakes, or failed to comply with any requirement of these General Rules or those contained in the Sweepstakes Announcement. Sponsor’s decisions as to all issues, including eligibility, shall be final.
10. GENERAL CONDITIONS: Each Sweepstakes is subject to state, federal and local laws, as well as the MobilityWare License Agreement and Privacy Disclosure (“EULA”). Void where prohibited or restricted by law. By entering a Sweepstakes, Entrant represents and warrants that they are a legal U.S. resident 18 years of age or older, are not a resident of Puerto Rico or other U.S. territory or possession, and have been physically within the U.S. during their participation in a Sweepstakes. Prizes are non-transferable and substitution of a prize or exchange for cash will not be permitted. Prize is awarded WITHOUT WARRANTY OF ANY KIND by Sponsor, express or implied, without limitation. Released Parties are not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, or inability of any person to submit an Entry on account of technical problems, traffic, congestion on the internet or any website or platform or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications which may limit a person’s ability to participate in any Sweepstakes. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the announcement of the Prize, or in any Sweepstakes-related materials. Sponsor reserves the right to modify, suspend or terminate any Sweepstakes in the event it becomes infected by a computer virus or is otherwise technically impaired and to cancel or suspend the Sweepstakes in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes and, if terminated, at Sponsor’s discretion, determine the Winner(s) using all non-suspect, eligible Entries submitted up to time of cancellation using the procedure outlined above. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the operation of the Sweepstakes, intending to annoy, abuse, threaten or harass any other Entrant, Sponsor, or any of its representatives or to otherwise be acting in violation of these General Rules. CAUTION: Any attempt to deliberately damage any website or undermine the legitimate operations of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from such person to the fullest extent permitted by the law and to disqualify such person from the Sweepstakes. In the event of a dispute regarding the identity of the individual entering the Sweepstakes during the Entry Period, the authorized subscriber of the applicable digital storefront or email account associated with the account from which the Entry is made shall be deemed to be the Entrant and must comply with all rules. Authorized subscriber means the natural person who is assigned the identifier for vendor number (IDFV) or email address by the relevant digital storefront or Internet access provider, online service provider or other organization responsible for assigning IDFV numbers and email addresses for the mobile application or the domain associated with the in-app purchase or email address supplied in the Entry.
12. ARBITRATIONS AND CHOICE OF LAW: Except where prohibited by law, any action arising out of or relating to a MobilityWare Sweepstakes or these General Rules shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). The arbitration shall be held at a location in the state in which you live. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANYTHING AWARDED IN CONNECTION WITH THE GIVEAWAY, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these General Rules, if the amount in dispute arising out of or relating to this Giveaway or these General Rules is less than the jurisdictional maximum of a small claims court applicable in the state in which Entrant lives, Entrant may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court.
13. WINNERS LIST: A list of winners will be made available ten days after the award of Prize(s) and can be obtained by emailing a request to firstname.lastname@example.org.
Sponsor: MobilityWare, Inc., 440 Exchange #100, Irvine, CA 92602