MobiHit First Giveaway
NO PURCHASE NECESSARY.
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Description of the Sweepstakes.
(a) These Official Rules ("Official Rules") govern the MobiHit First Giveaway Sweepstakes ("Sweepstakes")
sponsored by MobiHit LLC ("Sponsor," "we" or "us").
(b) The Sweepstakes consists of one (1) promotion-end grand prize (the "Grand Prize") random drawing ("
Grand Prize Drawing") with a chance to receive a $50,000 cash prize, as described below.
(c) The Sweepstakes begins on July 20, 2011 at 12:00:01 AM ET and ends on July 19, 2012 at 11:59:59 PM ET (the "Promotion Period").
The Sweepstakes is open to legal residents of the United States and the District of Columbia who are at least 13 years old at time of entry; 18 years
old for Florida residents. Any entrant who is less than the age of majority (a "minor") in his/her state of residence may have to provide parental
consent acceptable to us to participate in the Sweepstakes or be confirmed as a prize winner. Employees, officers and directors of Sponsor, SCA
Promotions, Inc. ("SCA"), each of their legal representatives, and each of their respective affiliates, parents, subsidiaries,
advertising, promotional, fulfillment and marketing agencies (collectively, the "Sweepstakes Entities"), their immediate families (and
those living in the same households of each whether related or not) are not eligible to enter the Sweepstakes. By participating, you agree to
abide by these Official Rules and by our decisions and those of SCA, which are final and binding in all respects.
3. How to Participate; Number of Entries.
(a) Two Means of Entry; Limitation on Number of Entries. There are two means of entering the Grand Prize Drawing (each an
(i) Premium Members: When an individual signs up and becomes a Premium Member (as that term is defined in the MobiHit Terms and Conditions
available at MobiHit.net/terms; the "Terms and Conditions"; all defined terms not otherwise defined in these Rules shall have the same meaning as in
the Terms and Conditions) that individual will automatically receive one (1) Entry into the Grand Prize Drawing. Premium Members will receive one
(1) additional Entry each month their Premium Membership is successfully renewed during the Promotion Period.
(ii) Free Entrants: To get an Entry, without being a Premium Member (a "Free Entrant"), go to MobiHit.net and follow the
prompts to the Basic Sweepstakes Entry page. Once there, provide a valid email address and a two digit Grand Prize Key (as described
below). You will then receive two (2) emails: one will contain a link to an Entry confirmation page and the other a username and password.
The individual must click on the link in the first email and confirm entry by entering the username and password provided in the second email on the
confirmation page and clicking the submit button to complete the Entry registration process. Once registration has been confirmed, individuals
will automatically receive one (1) Entry into the Grand Prize Drawing and will receive one (1) additional Entry upon the monthly anniversary of their
registration during the balance of the Promotion Period. (By way of example if an individual registers on January 18, 2012, he/she would receive
an Entry on the signup date plus additional Entries on February 18th, March 18th, April 18th, May 18th and June 18th.) A Free Entrant may only register
for Entry one time during the Promotion Period. Entry and registration for this Sweepstakes by a Free Entrant does not constitute entry into any
other promotion, contest or sweepstakes offered by Sponsor.
(b) Grand Prize Key
The "Grand Prize Key" is a two digit number in the range of 00 to 99 which is used to determine if an Entry selected for the Grand Prize Drawing has
won the Grand Prize. For Entries by Premium Members, the Grand Prize Key is the last two digits of the mobile number used to register for a
Premium Membership. Free Entrants must select a two-digit Grand Prize Key when registering for the Sweepstakes and will also be required to
provide a valid email address for notification purposes. Once assigned, Grand Prize Keys may not be changed. The Grand Prize Key will be
used to determine if the Grand Prize has been won once a Grand Prize Finalist (as that term is defined below in Rule 4(a)) has been
4. Drawing: Selection of Winner.
(a) Grand Prize Drawing
SCA will randomly pre-select one (1) set of two (2) digit numbers from the range of 00b99 (the "Grand Prize Number") prior to the
beginning of the Promotion Period. On or about July 24, 2011, one (1) Entry ("Grand Prize Finalist") will be selected via a
random drawing from among all eligible Entries received throughout the entire Promotion Period. If the Grand Prize Key of the Grand Prize
Finalist (as determined in accordance with Rule 3(b) matches the Grand Prize Number exactly and in order, the Grand Prize Finalist will win the Grand
Prize. If the Grand Prize Key does not match the Grand Prize Number exactly and in order, there will be no winner of the Grand Prize. The
selected Grand Prize Finalist will not be notified unless the Grand Prize Finalist's Grand Prize Key matches the Grand Prize Number.
WE ARE NOT RESPONSIBLE FOR ANY ELECTRONIC, NETWORK OR TECHNOLOGY FAILURE THAT KEEPS YOU FROM ENTERING THE GRAND PRIZE DRAWING.
(b) Odds of Winning
Odds of being selected as the Grand Prize Finalist will depend on the number of eligible entries received during the entire Promotion Period. Odds of a
Grand Prize Finalist with a Grand Prize Key winning the Grand Prize are 1 in 100.
The Grand Prize is $50,000, to be paid in lump sum by check. Winner must comply with these Official Rules to qualify for the Grand Prize.
There is no guarantee the Grand Prize will be awarded.
(b) Contacting Winner; Conditions Applicable to Prizes
We will notify the Grand Prize winner by either text messaging, or e-mail, using the contact information provided with registration or entry. The Grand
Prize winner will be required to execute an affidavit of eligibility and a liability/publicity release that must be returned within five (5) days from
the date we first attempt to notify the winner (the five (5) day period after we first attempt to notify a potential winner is referred to as the " Notification Period"). If the Grand Prize winner is a minor, the Grand Prize winner's parent/legal guardian must sign any required
documents on the minor Grand Prize winner's behalf. If the Grand Prize winner cannot be contacted during the Notification Period or if the Grand Prize
winner fails to sign and return the affidavit of eligibility and liability/publicity release or complete the online claim form described below by the
end of the Notification Period, the Grand Prize winner will be disqualified and the Grand Prize will go unawarded. If there is a dispute regarding the
individual who actually submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the wireless account (for Premium
Members) or email address (for Free Entrants), supplied at the time of registration. If a dispute cannot be resolved to our satisfaction, the affected
entry will be deemed ineligible.
6. General Conditions.
We reserve the right, in our discretion, to cancel, suspend or modify the Sweepstakes if fraud, technical failures or any other factor impairs the
integrity of the Sweepstakes. In such event, we reserve the right to award the remaining prizes in a random drawing from among all eligible entries
received up to the time of the impairment in accordance with Rule 4 above throughout the Promotion Period. We reserve the right in our discretion to
disqualify any individual we find to be (i) tampering with the entry process or the operation of the Sweepstakes, (ii) attempting to register multiple
times as a Free Entrant, or (iii) to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately damage our Website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and,
should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's
failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending will not be deemed to be
proof of receipt by Sponsor. Use of any automated program to enter the Sweepstakes will result in disqualification.
By accepting the Grand Prize, the Grand Prize winner agrees to release and hold harmless Sweepstakes Entities from and against any claim or cause of
action arising out of participation in or in connection with the Sweepstakes or receipt or use of the Grand Prize. Except in the State of Tennessee and
where otherwise prohibited by law, acceptance of the Grand Prize constitutes the winner's consent to our use of winner's name, address, likeness,
voice, and /or quotation for promotional purposes in any media without further payment or consideration.
8. Limitations of Liability.
Sweepstakes Entities shall not be responsible for: (a) incorrect or inaccurate entry information whether caused by Internet errors, by any of the
equipment or programming associated with or utilized in the Sweepstakes or inaccurate transcription of entry information; (b) lost, late, , incomplete,
invalid, unintelligible, illegible, or misdirected entries; (c) any technical or human error or unauthorized human intervention which may occur in the
processing of Sweepstakes entries or in the administration of the Sweepstakes; (d) any error, omission, interruption, deletion, theft or destruction,
or unauthorized access to, or alteration of entries; or (e) any injury or damage to persons or property including to an entrant's computer, which may
be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or from downloading any material from our
website, regardless of whether we or a third party prepared the material, and regardless of whether the material is connected to our website by a
Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded
shall be resolved via arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial
Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment may be
entered in any court of competent jurisdiction. Nothing included in these Rules shall be construed to preclude any party from seeking injunctive relief
in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join, or
participate in any class action lawsuit as to any claim, dispute, or controversy that you may have arising out of or in connection with the Sweepstakes
or any prizes awarded.. You agree : (a) to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit; (b) any
and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes,
but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant waives all rights to,
punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. New York law, without giving effect to any choice or conflict of law rules, governs all issues and
questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the
entrant or Sponsor in connection with the Sweepstakes.
10. Data Collection.
11. Winner's List/Official Rules.
Any legally required list of winners may be obtained by sending a letter via first class mail together with a self-addressed stamped envelope to
"MobiHit First Winner's List Request", c/o SCA Promotions, Inc., 3030 Lyndon B. Johnson Frwy., Suite 300, Dallas, TX 75234. Contestants may request a
printed copy of these Official Rules by sending a letter via first class mail together with a self-addressed stamped envelope to: "MobiHit First
Official Rules Request", c/o SCA Promotions, Inc., 3030 Lyndon B. Johnson Frwy., Suite 300, Dallas, TX 75234
MobiHit LLC. 40 East Main Street, Suite 596 Newark, DE 19711-4639.
SCA Promotions, Inc., 3030 Lyndon B. Johnson Frwy., Suite 300 Dallas, TX 75234. SCA is not involved in marketing the Sweepstakes and is not the
Sweepstakes sponsor and will not respond to any inquiries. SCA is responsible for selecting the winning entries associated with the prizes.