1. No Purchase Necessary: No purchase is necessary to nominate, enter or win. Your chances of winning will not be improved with purchase.
(a) Location. Open to legal U.S. residents, age 18 or older, with a valid email address and a valid street address in any U.S. territory, state or the District of Columbia, EXCLUDING New York, Florida, Tennessee, and Puerto Rico. P.O. boxes or APO addresses will not be accepted. Void where prohibited by law.
(b) General Eligibility. If a winner fails to comply with, or meet, these eligibility requirements or any of these Official Rules, the prize will be forfeited and the selected winner shall have no rights in or to the prize. Simplexity, LLC (“Simplexity”) reserves the right to verify the eligibility qualifications of the winners in its sole and absolute discretion. Employees of Simplexity, its parent, subsidiary and affiliated entities, and their respective advertising, promotional, fulfillment and marketing agencies, agents, partners, and the immediate family members (spouse, parents, children, siblings, siblings’ children, in-laws, housemates) and same household members (whether related or not) of any such person, are not eligible to enter or win.
3. To Enter: Entries, in the form of nominations, will be accepted for each blog category as set forth below beginning at 6:00 pm EST March 31, 2010 and continue through 5:00 pm EST April 15, 2010 (the “Nomination Period”) To nominate a blog, post the name and URL of the blog in the comment section of the appropriate category page below:
• Best Android Blog
• Best BlackBerry Blog
• Best Cell Phone News Blog
• Best Cell Phone Review Blog
• Best Windows Mobile Blog
A post to a comment section requires the poster’s name and email address. Only one nomination per category per email address is permitted. A single blog may be nominated for multiple categories; however, Simplexity reserves the right to reassign and/or remove any nomination for any reason, including, but not limited to, the blog is off topic, inappropriate, offensive and/or spam.
4. Selection of Winner: Simplexity will select five (5) finalists in each category. The selection of finalists will be based on the number of nominations and category relevancy as determined in the Simplexity judges’ sole discretion. The selected finalists will be contacted directly via the contact information provided on the blog. Finalists will be posted on the Wirefly Blog Awards site http://www.wirefly.com/learn/company_news/blog-awards/2010-wirefly-blog-awards/. Voting will open at 3:00 pm EST April 16, 2010 and shall remain open until 3:00 pm April 30, 2010 (the “Voting Period”). To vote for a finalist, a user may visit the Wirefly Blog Awards site http://www.wirefly.com/learn/company_news/blog-awards/2010-wirefly-blog-awards/ during the Voting Period, select the radio button that corresponds to the blog they want to vote for, and click submit. Users can vote for all of or as many of the categories as they want. However, only one vote per user is allowed. The finalist that receives the most votes in a particular category will be deemed the potential winner of such category. Each potential winner will be notified via the contact information in the blog that has been selected as a potential winner. This communication will contain a link to the Affidavit and Release and any necessary tax forms which the potential winner must complete and return within five (5) days of the date of notification to be eligible to receive a prize. Upon receipt of all required documentation in accordance with these Official Rules, winners will be announced on the Wirefly Blog Awards site http://www.wirefly.com/learn/company_news/blog-awards/2010-wirefly-blog-awards/. Unclaimed prizes may be awarded to a newly selected entrant at Simplexity’s sole discretion.
5. Prize: The winning prize is determined in Simplexity’s sole discretion. No transfer or substitution of a prize is permitted, except in Simplexity’s sole discretion. Additional terms and conditions may apply to the underlying prize. The prize will be shipped within four (4) weeks of receipt of all required documentation by the potential winner and verification by Simplexity of such required documentation. The prize is two hundred fifty dollars ($250.00). The prize also includes promotion across Wirefly web properties and a Wirefly Blog Awards Badge.
6. Odds of Winning: Odds of winning depend on the number of entries received.
7. Identification of Nominees: Nominees will be deemed the person who is the authorized owner of the email address or other contact information associated with the nominated blog. A potential winner may be required to provide (a) picture proof of identification (such as a valid driver’s license, passport, voting card or other government-issued photo identification); and/or (b) proof that the selected winner is the authorized account holder of the email address or other contact information associated with the potential winning blog.
8. Promotions: By entering a nomination or being nominated, each entrant and nominee agrees to be bound by these Official Rules and by the decisions of Simplexity, which are final and binding on all matters relating to this promotion. Nominees represent and warrant that the nominated blog is original work of nominee and that nominee has all rights and title in and to the nominated blog. By entering and in consideration of being declared a winner and offered a prize, winners grant Simplexity and its designees the perpetual worldwide, sublicensable, royalty free, irrevocable right to edit, reproduce, display, transmit, prepare derivative works of, modify, publish and other make use of all content and images from his or her nominated blog and name for advertising and publicity purposes without additional compensation, notification, or approval, except where prohibited by law. By entering, each entrant also agrees (a) to accept e-mail messages and telephone calls from Simplexity and its advertising affiliates, and (b) that Simplexity and its advertising affiliates may use and disclose entrant’s name, email address, telephone number and other identifying or demographic information to other entities for advertising, marketing, and/or Simplexity’s business purposes.
9. Taxes: Winner is responsible for paying all applicable federal, state or local taxes on prizes. This promotion is subject to all federal, state, and local laws and regulations. Winner acknowledges that Simplexity is required to report winners and prize amounts to the IRS. Simplexity reserves the right to withhold taxes from each winning prize.
10. Void Entries: Incomplete, unintelligible, damaged, inaccurate or late entries are void and not eligible. Simplexity is not responsible for incomplete, misdirected, or unintelligible entries, for entries with incorrect contact information, or for disruptions in website availability, failures of electronic communications, computer malfunctions, busy or unavailable communications lines, server malfunction, or any problems with submission, delivery or tabulation of the online voting mechanisms. Any entrant who tampers with or abuses any aspect of this promotion, misstates any required information, impersonates any person, or violates these Official Rules, as solely determined by Simplexity, will be disqualified. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries. If this promotion is corrupted or impaired by virus, worm, or other causes, Simplexity reserves the right at its sole discretion to modify or terminate the promotion. Further, if, for any reason, the promotion is not capable of running as planned for reasons outside the control of Simplexity which, in the sole opinion of Simplexity, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion (or portion thereof), Simplexity reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the promotion (or portion thereof).
11. Release of Liability: BY ENTERING, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SIMPLEXITY, ITS PARENT, SUBSIDIARY, AND AFFILIATED ENTITIES AND PERSONS, EMPLOYEES, DIRECTORS, PARTNERS, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY CLAIMS, ACTIONS, LOSSES, DAMAGES, OR LIABILITY OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGE, OR ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHICH ENTRANT OR ANYONE ELSE MAY INCUR OR SUFFER IN CONNECTION WITH THIS PROMOTION OR RESULTING FROM PARTICIPATING IN THIS PROMOTION OR FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED. IF FOR ANY REASON THIS PROMOTION CANNOT BE RUN AS PLANNED, OR IF TAMPERING, UNAUTHORIZED INTERVENTION, ACTIONS BY AN ENTRANT, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES, IN SIMPLEXITY’S SOLE OPINION, CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THIS PROMOTION, SIMPLEXITY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRANT AND/OR TO CANCEL, TERMINATE, MODIFY OR SUSPEND THIS PROMOTION OR ANY PORTION THEREOF, OR THE AWARD OF ANY PRIZE. THIS PROMOTION IS VOID IN NEW YORK, FLORIDA, TENNESSEE, PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
12. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this promotion or the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Virginia, Alexandria Division and the state courts of Fairfax County, Fairfax, Virginia; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event are to include attorneys’ fees; and (c) under no circumstances will any entrant be entitled to obtain awards for, and each entrant hereby waives, all rights to claim punitive, incidental and consequential damages and/or any damages other than for actual out-of-pocket expenses, or 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 entrant, Simplexity or other entity in connection with this promotion shall be governed by, and construed in accordance with, the laws of the State of Delaware without reference to any conflicts of laws doctrines.
13. Winner: The selected winner may be posted on the Wirefly Learn website at http://www.wirefly.com/learn/company_news/blog-awards/2010-wirefly-blog-awards/ and is available by contacting Simplexity at firstname.lastname@example.org from May 1, 2010 through May 1, 2011. This promotion is sponsored by Simplexity, LLC, 10790 Parkridge Blvd. Suite 200, Reston, VA 20191.
14. LEGAL WARNING: Any attempt by anyone, whether or not an entrant, to damage, destroy, tamper with or vandalize this website, or interfere with the operation of this promotion, is a violation of criminal and civil law, and Simplexity will diligently pursue claims against any offending individual or entity to the full extent of the law.