“AT&T THANKS® ALL-ACCESS PASS, presented by AT&T”
SPONSORED BY AT&T MOBILITY LLC
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF NEW YORK, NEW JERSEY AND CONNECTICUT AND THE 100 MILE RADIUS OF MANHATTAN, NEW YORK AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT ENTRANT WAIVES THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THIS CONTEST BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
1. Entry Period: The “AT&T THANKS® All-Access Pass, presented by AT&T” (“Contest”) commences at at 8:00 AM CT on April 1, 2019 and ends at 11:59 PM CT on April 8, 2019 (“Contest Period”). All submissions must be received by 11:59 PM CT on April 8, 2019. Sponsor’s computer is the official time keeping device for this Contest. All interpretations of these Official Rules and decisions made by Sponsor relating to the Contest are final.
2. Eligibility: To be eligible to enter the Contest you must, as of March 4, 2019, be: (i) an existing AT&T postpaid wireless (excludes data-only plans), DIRECTV (excludes DIRECTV NOW), U-verse TV or an AT&T Internet customer (excludes DSL, Fixed Wireless Broadband, and dial-up services) with an account in “good-standing” as determined by AT&T in its sole discretion tiered into the AT&T THANKS program; and (ii) a U.S. citizen or U.S. resident alien who is physically located in New York, New Jersey or Connecticut and within the 100 mile radius of Manhattan, New York who is at least 21 years of age at time of entry. Employees, agents, and directors of AT&T Mobility LLC (“AT&T” or “Sponsor”), and The Marketing Arm Inc., (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies, and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Contest (“Contest Entities”), and their immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related, are not eligible to enter Contest.
By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to indemnify and hold harmless Contest Entities from and against any and all liability arising out of or relating in any way to entrant’s participation in Contest and to release all rights to bring any claim, action or proceeding against Contest Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation in Contest or the receipt or acceptance, redemption, possession, use or misuse of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. To Enter: Visit THANKSLOYALTY.COM/Filmfestival and: (i) complete all required fields on the online entry form; (ii) agree to the Contest Official Rules: (iii) tell us in 280 characters or less the answer to the following question: If you could submit your own film for the Tribeca Film Festival what would the title of the film be and why?; and (iv) and submit as requested and receive one (1) entry into the Contest. Only fully completed entry forms are eligible. Content must be in the English language and must be in compliance with the Submission Guidelines specified in Section 4 herein. Message and data rates may apply if entrant enters Contest via mobile device.
All contents of entrants’ submissions, including but not limited to, content, text, images, graphics, photographs, captions and descriptions, data, codes, programs, hereinafter referred to as (“Submission” or “Submissions”).
There is a limit of one (1) submission per person. If it is suspected that an entrant submits more than one (1) submission, only one (1) submission will be considered. In the event of a dispute over who submitted a winning Submission, the “authorized account subscriber” of the e-mail account used to participate in Contest at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her email address during the Contest Period. The “authorized account subscriber” for online submissions is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
4. Submission Guidelines: Submissions must be the original work of entrant, must have been created specifically for Contest, and must not have been previously published, released commercially or won any awards. Any elements appearing in a Submission, including, without limitation, photographs, art or any other materials, must be entrant’s own original work, created by entrant, or be in the public domain.
Submissions must not feature the name, likeness or other personally identifiable information of any person other than entrant. Personally identifiable information includes, but is not limited to name, image, likeness, license plates, phone numbers and personal addresses. Submissions must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, commercial products or services, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress, private property, unless entrant has obtained a property release from the owner specific for uses specified herein, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, Submissions must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Any content, text or otherwise, included as part of the Submission must be in the English language.
By entering the Contest, each entrant represents and warrants that: (i) the Submission is the original work of the entrant, that he/she has all rights to the Submission, that the Submission was created specifically for Contest, that the Submission, in whole or in part, has not been released commercially, been previously published or won any awards; (ii) the Submission does not and will not violate any law, statute, ordinance or regulation; (iii) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Official Rules; (iv) the Submission does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the Submission is not and will not be defamatory, disparaging libelous, pornographic or obscene.
Sponsor reserves the right to disqualify any Submission that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Submission Guidelines specified herein or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate.
Entrants acknowledge an agree that Sponsor may receive many Submissions in connection with this Contest and that some Submissions may be very similar in content, idea, theme, or in other respects to other Submissions received or submitted. In addition, entrants acknowledge that the Sponsor may develop information internally that is similar in content, idea, theme or other respects to Submissions and accordingly, nothing in these Official Rules should be construed as a representation or agreement that the Sponsor has not or will not develop or have developed products, concepts or techniques contemplated by or embodied in Submissions and any such similarity is purely coincidental and unavoidable. Entrants waive any and all claims entrant may have had, may have and/or may have in the future, that any Submission in this Contest, or any developed product, concept or technique contemplated or embodied by Sponsor is similar to his/her Submission, or that any compensation is due to entrant in connection with such Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
All submissions submitted in compliance with these Official Rules and not disqualified are considered “Eligible Submissions”. All Submission materials become the sole and exclusive property of Sponsor. Submissions will not be returned and receipt of Submissions will not be acknowledged. Proof of submission will not be deemed to be proof of receipt of Submission by Sponsor.
5. Use of Submissions: Select Submissions may be featured from time to time during the Contest Period and thereafter in Sponsor’s social media pages and channels, in Sponsor’s sole discretion. Being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Winner in the Contest. Sponsor is not obligated to use, publish or display or broadcast any Submission. By submitting a Submission, entrant understands and agrees that their Submission may be publicly displayed in the manner set forth above without any further notification to or consent from entrant. Entrants agree that Sponsor may use their Submissions, including entrant’s first name and state or residence, in whole or in part, for any purpose whatsoever without any additional compensation.
All entrants, whether a Winner or not, agree that in exchange for their participation in Contest, they grant, and have the full right to grant, Sponsor and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission; and (ii) the assignable, sublicensable, perpetual, non-exclusive, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements and aural elements, and or otherwise exploit, the Submissions, and/or any portions or excerpts thereof, including without limitation, using entrant’s name, image, likeness, performance, voice, and any other attributes of entrant, individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation to, or review or approval by, entrant or any third party.
Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of Submission and their right to use Submission as specified in these Official Rules. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of Submission.
6. Prizes: The Winners (hereinafter defined) will each receive: (a) a trip for the Winner and one (1) guest of Winner (“Guest”), to Manhattan, New York (“Destination”) to attend the 2019 Tribeca Film Festival, currently contemplated to take place on or about April 26 – April 28, 2019 but subject to change in Sponsor’s sole discretion. The trip will include: (i) round trip ground transportation for Winner and Guest, to be taken together, between Winner’s primary residence to Destination, with an approximate retail value (“ARV”) of $600; (ii) two (2) nights hotel accommodations in Destination for Winner and Guest which will be one (1) standard room based on double occupancy (meals, telephone calls, tips, gratuities, and other incidentals and costs are not included), with an ARV of $1,200; (iii) two (2) Vesey Passes for three (3) days (April 26, 27 and 28, 2019 – No monetary value); and (iv) one (1) $500 pre-paid gift card for Winner (subject to the terms and conditions of gift card), collectively the (“Prize” or “Prizes”). The total ARV of each Prize is $2,300.
Winners and their Guests must travel on the same itinerary. Winners and guests are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded. Prize dates are subject to change in Sponsor’s sole discretion. If a Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner may be selected from among the remaining applicable Eligible Entries received if time permits.
Each Vesey pass is valid for use at select 2019 Tribeca Film Festival® events and only on the applicable date(s) as selected by TFF. Use of each Vesey pass is subject to additional terms and limitations of the issuer, including, without limitation, that: (a) each Vesey pass is valid only during the date noted thereon; (b) each Vesey pass allows the bearer (one person) access to official 2019 Tribeca Film Festival hospitality lounges at Spring Studios (subject to certain venue access restrictions), 2019 Tribeca Film Festival general public screenings including ticketed premiere events (excluding all RSVP events) and public panel discussions; provided, however that admittance is not guaranteed for any such event(s). For avoidance of doubt, Vesey passes are not valid for admission to 2019 Tribeca Film Festival RSVP events (including, without limitation, opening night; galas; RSVP screenings; parties, etc.). Vesey passes have no retail value and may not be resold.
The total ARV of all of the Prizes is $4,600. The ARVs are subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination. Any difference between the ARVs and the actual values, if any, will not be awarded.
7. Publicity Release: By participating in Contest, each Winner grants the right to Sponsor, and its representative, affiliates, licensees and assigns, to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or on a Winner’s List or any other lawful purpose, whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
8. Judging: Submissions will be judged by representatives of Administrator (“Judges”) based on the judging criteria specified herein. There will be up to two (2) Winners selected from the Eligible Submissions. The Submissions will be judged on the following criteria: (i) creativity (33.3%); (ii) compelling nature (33.3%); and (iii) uniqueness (33.3%), (“Judging Criteria”). The two (2) Submissions with the highest aggregate scores will each be determined to be a Winner (subject to verification and compliance with these Official Rules). The Judges reserve the right to conduct interviews with any entrant. The Judges also reserve the right to extend the Contest Period, select more or less Winners, or not to declare any Winners if, in their sole discretion, an insufficient number of Submissions are received and/or the Submissions do not meet the qualification standards based on the Judging Criteria specified herein. The application of the judging criteria shall be in the sole and absolute discretion of the Judges. In the event of a tie or dispute or for any other reason that Sponsor deems necessary, the tied Submissions will be re-judged by Judges based on creativity and continuing thereafter to each Judging Criteria, in order, as needed to break the tie. In the event that more than one entrant independently submits the same winning Submission, the entrant that posted the Submission first will be determined to be the Winner. Contest Entities and Judges disclaim any liability from any entrant and entrants agree to waive any claims against Contest Entities and Judges relating to the judging or awarding process.
9. Winner Selection and Notification: The Judges will select two (2) Winners from among all of the Eligible Submissions on or about April 9, 2019. Administrator will make up to two (2) attempts over the twenty- four (24) hour period following each potential Winner selection to contact the potential Winners via the telephone number provided on his or her submission form. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly during the twenty-four (24) hour period in which he or she is called, the potential Winner will be disqualified and an alternate potential Winner may be selected, in Sponsor’s sole discretion, from among the remaining applicable Eligible Submissions received if time permits. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
10. Winner Verification: To be eligible to be declared a Winner and to receive the Prize, the potential Winners must sign and return to Sponsor and/or Administrator, within one (1) day of issuance of such documentation from Administrator or Sponsor a complete and valid IRS Form W9 and an Affidavit of Eligibility and Release that: (a) releases Contest Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Contest, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; (b) except where prohibited by law, grants Contest Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. and (c) a non-exclusive, irrevocable, royalty free, license, in perpetuity, commencing at Contest entry granting Sponsor and its designees the right to use the Submission as specified herein. Entry into Contest constitutes agreement to sign such release. If a potential Winner does not sign this release and return it within the time frame specified, the potential Winner may be disqualified, at Sponsor’s or Administrator’s sole discretion, and the Prize forfeited. When such documentation is properly executed and providing potential Winners are otherwise in compliance with the Official Rules, potential Winners will each be determined to be a Contest winner (“Winner” and collectively “Winners”).
Guests participating in Prize with Winners will also be required to sign a Liability/Publicity Release that must be returned along with the potential Winner’s documentation as provided in these Official Rules within one day of issuance. Guests traveling with a Winner must be at the time of Prize fulfillment at least 21 years of age. If a Winner chooses not to take a Guest, or if any Guest does not sign the documentation as provided in these Official Rules within the time frame specified then the Guest elements of the Prize will be forfeited and the other elements of the Prize shall constitute full satisfaction of Sponsor’s obligation to award the Prize. Prizes will be forfeited if a Winner or Guest fails to comply with the terms and conditions of these Official Rules.
Winners and Guests must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified. Winners and Guests agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner.
By participating in Contest, Winners and Guests acknowledge that Contest Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners and Guests will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners or Guests deem appropriate.
11. Prize Terms: The dates for fulfillment of the Prizes will be on or around April 26 – 28, 2019, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Contest in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner or a Guest. Contest Entities shall have no responsibility or obligation to a Winner or a Guest who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prize, including, without limitation; transportation (unless specified as being provided), meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses and damages to hotel rooms are solely Winner’s responsibility. The Winners may be required to provide a credit card to the hotel to cover any incidental costs incurred. PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE EXPRESS OR IMPLIED IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print, advertising, and other Contest materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes, including all travel arrangements, will be made by Administrator and/or Sponsor.
12. Taxes: The Winners must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving Prize. The value of Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
13. General Terms: Contest Entities are not responsible if Contest cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Contest Entities. If, for any reason Contest is not capable of running as planned, including, without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Contest Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Contest or any part of the Contest and to determine the Winners in its sole discretion. If Contest or any part of Contest is terminated or modified prior to the Closing date of the Contest, notice will be posted on THANKSLOYALTY.com/Filmfestival and the Prizes may be awarded to a potential Winners to be selected from among all Eligible Submissions received prior to any such event using the Judging Criteria outlined in Section 4 herein. Sponsor reserves the right to modify and amend these Official Rules from time to time during Contest for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Contest Entities assume no responsibility for and will disqualify submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, or submissions that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Contest, or by any human, mechanical or electronic error that may occur in the processing of the submissions in Contest, or other errors appearing within the Official Rules or in any Contest related advertisements. Contest Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Contest, errors in processing submissions, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone, or other portable electronic devise related to or resulting from participation or downloading any materials in Contest. Use of any device to automate or subvert entry is prohibited and any submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any submissions received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the submission process or the operation of Contest; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Contest Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Contest; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
IN THE EVENT ENTRANT ATTEMPTS TO BRING A CLAIM, ACTION OR PROCEEDING AGAINST CONTEST ENTITIES DESPITE AGREEING NOT TO DO SO IN SECTION 2 OF THESE OFFICIAL RULES, AS A CONDITION OF ENTERING THE CONTEST, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ENTRANT WAIVES THE RIGHT TO A JURY TRIAL OF ANY AND ALL ISSUES AND THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES. THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by June 8, 2019. For the names of the Winners and/or Official Rules: (i) send a self-addressed stamped envelope to: “AT&T THANKS® All-Access Pass, presented by AT&T”, #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” and/or “Official Rules” on the lower left-hand corner of the envelope.
15. Sponsored by: This Contest is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.
16. Administered by: This Contest is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 3200 Dallas, TX 75201.