No Purchase Necessary: No purchase is necessary to 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 and/or same household members (spouse, parents, children, siblings, siblings’ children, in-laws, housemates) of any such person, are not eligible to enter or win.
(a) Sweepstakes. Wirefly Learn Cell Phone Giveaway offers entrants a chance to win a mobile phone by entering a drawing beginning 4 pm Eastern Standard Time March 17, 2010 and ending 3 pm Eastern Standard Time March 22, 2010 (the “Sweepstakes Period”). Entries in the form of comments, which requires the poster’s name and email address to be entered, posted on the Wirefly Learn site located at www.wirefly.com/learn/company_news/equinox-giveaway/ and alternate online entries, will be accepted by Simplexity in accordance with this Section 3. Limit – one entry per email address.
(b) Alternate Entry. For an alternative means of entry for those who do not wish to comment or have their name to appear in the comment section on the Wirefly Learn site, fill in the required information and enter “no show” in the comment section. Your name will be entered into the drawing; however, it will not appear on the site. An entry submitted in this alternate manner will be deemed received on the date and time it is received by Simplexity.
Selection of Winner: Simplexity will select a winner in an electronic randomized drawing held within one day of the end of the Sweepstakes Period. The selected potential winner will be announced on the Wirefly website and will be notified via an email to the email address provided in the submission of the comment or the alternate entry. This communication will contain a link to the Affidavit and Release which the potential winner must complete and return as provided in the Affidavit and Release within five (5) days of the date of notification to be eligible to receive a prize. Unclaimed prizes may be awarded to a newly selected entrant at Simplexity’s sole discretion.
Prize: The prize for the drawing 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 by Simplexity of all required information from the selected winner. The prize is a Sony Ericsson Equinox mobile phone with an estimated value of $299.99.
Odds of Winning: Odds of winning depend on the number of entries received.
Identification of Entrants: Entries will be deemed made by the person who is the authorized owner of the email address designated in the comment entry or alternate entry. 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 associated with the potential winning entry.
Promotions: By entering, each entrant 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. By entering and in consideration of being declared a potential winner and offered a prize, the winner grants Simplexity and its designees the worldwide, sublicensable, irrevocable right to use his or her name, photographs, likenesses, and/or demographic information, for advertising and publicity purposes without additional compensation, notification, or approval, worldwide, 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.
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.
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.
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.
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.
Winner: The selected winner may be posted on the Wirefly Learn website at www.wirefly.com/learn and is available by contacting Simplexity at email@example.com from March 22, 2010 through May 22, 2010. This promotion is sponsored by Simplexity, LLC, 10790 Parkridge Blvd. Suite 200, Reston, VA 20191.
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.