Soundcheck Rock 4G
Official Voting And Sweepstakes Rules
These are the official terms and conditions for voting for the "Soundcheck Rock 4G" and for a sweepstakes drawing held in connection with the Soundcheck Rock 4G concert (the "Official Rules").
NO PURCHASE NECESSARY. PURCHASE OR OTHER CONSIDERATION WILL NOT IMPROVE CHANCES OF WINNING
At the time of voting, voter must be a legal resident of the fifty (50) United States or the District of Columbia, 18 years of age or older and cannot be an employee, agent or representative of, or person living in the same household as an employee, agent or representative of Lunchbox, LP (the "Administrator"), Wal-Mart Stores, Inc. ("Wal-Mart"), T-Mobile USA, Inc. ("T-Mobile"), or any of their respective parent companies, affiliate or related companies. Void where prohibited or restricted by law.
2. HOW TO VOTE AND ENTER SWEEPSTAKES
Submit your vote during the Voting Period, as hereinafter defined, by texting ROCK and the name of your favorite college town to 91919. You will receive by text a confirmation of entry for each of your valid votes.
In order to submit your vote by text message, you must have a wireless plan that includes a text messaging service and use a wireless device that is capable of two-way text messaging. This voting process shall be offered on an "as is" basis and may not be available in all areas of the United States at all times during the voting periods. This voting process may cease to be available to you in the event of product, software, coverage or other service changes made by your wireless carrier.
Notice Regarding Text Method of Voting: Message and data rates may apply to each text message sent or received and other charges may apply all as provided in your wireless service rate plan. (Please contact your wireless carrier for pricing plans and details). To cancel, text STOP to 91919 or text HELP to 91919 for help. Entrants using the text method of voting agree to these charges and are solely responsible for all associated charges, fees and taxes. Eligible participants who do not wish to use the text method of voting may enter their vote by the alternative mail-in method described below.
You may vote once a day (PST) during the Voting Period. Use of any device to automate a vote is prohibited, including, but not limited to, software-generated, robotic, programmed, script, macro or other automated votes. Administrator reserves the right at its sole discretion to void all associated votes and disqualify any individual it suspects or finds: (a) to have used a software-generated, robotic, programmed, script, macro or other automated online or text message vote; (b) to have tampered with the voting process; (c) to be acting in violation of these Official Rules; or (d) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Administrator is not responsible and disclaims any and all liability for the following: (i) late, lost, delayed, damaged, deleted, incomplete, illegible, unintelligible, garbled, incorrect or misdirected votes or transmissions, whether caused by technological error or otherwise; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) data corruption, theft, destruction, unauthorized access to or alteration of registration or other promotion materials.
You can also vote by writing the name of your favorite college town on a self-addressed stamped 3"x 5" card in an envelope, post-marked during the Voting Period, to Soundcheck Rock 4G; P.O. Box 1598, Culver City, California 90232-1598. The 3”x5” card must also identify a current, valid e-mail address for Entrant. Administrator is not responsible for any lost, late, undeliverable/undelivered, or postage due mail.
Each vote for one of the winning college towns will also constitute entry into a random drawing for five (5) prize-winners per college town. Entries will be deemed to have been made by the authorized account holder of the phone or e-mail address corresponding to the entry. A potential winner may be required to provide Administrator with proof that he or she is the authorized account holder of the phone or e-mail address associated with a winning entry.
3. SOUNDCHECK CONCERT
Based upon votes received during the Voting Period, Administrator will schedule a live concert performance by one of this summer's hottest bands as part of the Soundcheck Rock 4G Concert Series in the three, top vote-earning college towns, from among the following list of nominee college towns: Atlanta, GA; Bloomington, IN; Boulder, CO; Cambridge, MA; Charlotte, NC; Charlottesville, VA; Chicago, IL; Colorado Springs, CO; Columbus, OH; Crawfordsville, IN; Dallas, TX; Denver, CO; Durham, NC; Geneseo, NY; Gettysburg, PA; Hartford, CT; Houston, TX; Indianapolis, IN; Ithaca, NY; Kalamazoo, MI; Lexington, Kentucky ; Minneapolis-St Paul, MN; Nashville, TN; New Haven, CT; Oberlin, OH; Orlando-Daytona Beach, FL; Philadelphia, PA; Phoenix, AZ; Portland OR; Princeton, NJ; Providence, RI; Pullman, WA; Rexburg, ID; Sacramento, CA; Salt Lake City, UT; Saratoga Springs, NY; Schenectady, NY; South Bend, IN; Spartanburg, SC; St Louis, MO; State College, PA; Statesboro, GA; Tampa-St. Petersburg, FL; Waterville, Maine; West Lafayette, IN; Winston-Salem, NC; Wooster, OH; Worcester, MA. In the event of a tie between two towns, the town with the largest population will be considered the top vote-earner. Administrator reserves the right to schedule the performance in a nearby town or in the town that receives the next-highest number of votes if an appropriate venue in the top vote-earning town cannot be found.
The foregoing list of nominee college towns has been developed based upon Administrator's evaluation of venue feasibility, T-Mobile 4G coverage, and other criteria relating to the nation’s best college towns, all in Administrator's sole and absolute discretion. The total number of votes submitted received for any given college town during the Voting Period will be tabulated by Administrator. All interpretations of the names of the college towns contained in text and/or 3" x 5" card submissions shall be made in the absolute discretion of Administrator.
You can track the voting leader-board during the Voting Period at Walmart.com/Rock4G. Administrator's display of towns on the leader-board and selection of the three final concert towns will be based upon votes received by Administrator during the Voting Period that comply in all respects with these Official Rules.
Administrator's selection of the three final towns will be announced on August 16, 2012, at Walmart.com/Rock4G and may be sent to voters via text message, along with information regarding scheduling and admission to the Soundcheck performances. Message and data rates may apply to each text message you receive and other charges may apply as provided in your wireless service rate plan. The three Soundcheck performances are tentatively scheduled to occur in August/September of 2012. Admission to the Soundcheck performances will be subject to Soundcheck policies to be announced after the winning college towns are declared. Voting under these Official Rules will not guarantee you admission or increase your chances of admission to a Soundcheck performance.
4. VOTING PERIOD
The “Voting Period” begins on July 11, 2012 at 12:00 A.M. Pacific Standard Time (“PST”) and ends on August 15, 2012 at 11:59:59 P.M. PST. Administrator’s clock is the official clock. Votes submitted by postcard must be received by Administrator on or before August 15, 2012.
5. SWEEPSTAKES PRIZE
Sweepstakes prize winners will be selected via a random drawing of eligible entries to be held on August 16, 2012. Five prize winners will be selected among eligible voters who voted for one of the three winning college towns. Prize winners will receive (i) VIP entry into that town’s Soundcheck Rock 4G Concert, including an opportunity to meet the performers; and (ii) a T-Mobile gift pack comprised of a T-Mobile phone and one month of cellular phone service (“Prize”). Approximate retail value of prize package is $250.00 per prize winner. Prizes are limited to one Prize package per person.
Prizes are subject to change at the sole discretion of Administrator. Prizes are not transferable or assignable. Substitution or cash redemption of Prizes is not permitted, except by Administrator, which reserves the right to substitute a prize of equal or greater value.
Potential winners will be selected in a random drawing from all qualified entries received. The odds of winning are based on the number of eligible entries received. All drawings will be conducted by the Administrator, whose decisions are final and binding on all matters relating to this Sweepstakes. Potential winners will be notified by Administrator via text-message and/or electronic mail. Potential winners are required to respond to notification within three (3) days of Administrator’s attempted notification. If a potential winner fails to respond to notification within such time period or if a notification is returned as undeliverable, such potential winner will be deemed to have forfeited the prize and an alternate potential winner may be randomly drawn. Potential winners will be required to complete, sign and return a notarized Affidavit of Eligibility and Release of Liability/Publicity Release within three (3) days of attempted delivery of the Releases or an alternate potential winner may be randomly drawn. By entering the Sweepstakes each participant agrees that Administrator is not responsible for and will not be held liable for lost, misdirected, late or unsuccessful efforts to contact potential winners.
Federal, state and local taxes and fees in connection with winning the Sweepstakes ("Taxes") if any, are the sole responsibility of winners. For the avoidance of doubt, Administrator shall not be held responsible and hereby disclaims any and all liability for any and all Taxes or other related issues that may arise in connection with the prizes. Administrator shall not be held responsible for any delays in awarding any prizes for any reason.
6. WINNERS LIST:
The names of the prize winners can be obtained by sending a self-addressed, stamped envelope to the Soundcheck Rock 4G; P.O. Box 1598, Culver City, California 90232-1598 – Attn: Winners’ List. Requests must be received before September 16, 2012.
By voting, you agree to defend, indemnify, release and hold Wal-Mart, T-Mobile and Administrator and their respective employees, officers, directors, shareholders, agents, representatives, affiliates, advertising and promotion agencies, consultants, insurers and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind, including, without limitation: (i) personal injury, death, and property damage; (ii) claims based on publicity rights, defamation, or invasion of privacy; (iii) damage to you or to any person's computer, tablet or mobile phone related to or resulting from participating in, or downloading information or software, or attempts to participate in or download information or software; (iv) claims relating to any technical malfunctions or unavailability of the websites or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service, all in any way arising from or relating to these Official Rules, your participation in the Soundcheck Rock 4G promotion, the website found at Walmart.com/Rock4G, any Soundcheck Rock 4G concert performance, and any Prize. Without limiting the generality of the foregoing, you agree to waive any rights or benefits conferred by the provisions of Section 1542 of the Civil Code of California, which provides that “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
PARTICIPANTS AGREE THAT VOTING UNDER THESE OFFICIAL RULES SHALL BE AT THEIR SOLE RISK. IN NO EVENT SHALL WAL-MART, T-MOBILE OR ADMINISTRATOR BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In addition, any voter who attends a Soundcheck concert performance or any other event associated with the these Official Rules hereby grants to each of Administrator and T-Mobile the irrevocable, worldwide, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, distribute, prepare derivative works of, display and perform any photographs, video or other images in which such person may be included that are taken at such event.
By participating in this voting process, you agree to be bound by these Official Rules. Failure to comply with the Official Rules may result in a voter's disqualification solely at the discretion of Administrator. Administrator reserves the right to modify these Official Rules at any time in its sole discretion. All interpretations of these Official Rules and the decisions of Administrator relating to the voting and winner selection process are final. Administrator reserves the right to suspend, cancel or modify these Official Rules at any time in its sole and absolute discretion and for any reason or no reason.
These Official Rules will be construed in accordance with, the laws of the state of California, and the forum and venue for any dispute shall be in Los Angeles County, California and each voter agrees to accept personal jurisdiction in that forum. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
In the event of any conflict with any information contained in these Official Rules details contained in Administrator's other written materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the information as set forth in these Official Rules shall prevail.