GET TREATED LIKE GOLD. MARCH INTO ENJOY.NOW SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.
1. SWEEPSTAKES PERIOD: The Alcatel Get Treated Like Gold. March into Enjoy.now Sweepstakes (the “Sweepstakes”) begins at 9:00am Eastern Standard Time (“EST”) on 3/01/2018 and ends at 11:59pm EST on 3/29/2018 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for the Sweepstakes.
2. ELIGIBILITY: Sweepstakes only open to legal residents of the 50 United States and the District of Columbia, who have reached the age of 18 Employees of TCT Mobile (US) Inc. (“Sponsor”), Schiefer Chopshop, participating sponsors, and their respective affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.
3. HOW TO ENTER: There are two (2) ways to enter this Sweepstakes as detailed below.
1. App entry: To enter, go to the Google Play store and download and install the Alcatel Enjoy.Now application (the “App”) on your mobile device (if you have not done so already). Then, open the App and follow the instructions to click the “Monthly Offer” Sweepstakes button and fill out and submit the provided official entry form with your complete name, e-mail address, phone number, and your responses to a short survey. Only fully completed entry forms and surveys will be considered. Upon submission of the entry form and survey, entrants will automatically receive one (1) entry into the Sweepstakes. Note: Your responses to the survey questions will not increase or decrease your chances of winning a prize. OR
2. Mail-In entry: To receive one (1) entry without downloading or installing the App or completing a survey, on a 3×5″ card write your complete name, email address, street address, city, state, zip code, and telephone number, and mail to: Alcatel Get Treated like Gold. March into Enjoy.now Sweepstakes, 17922 Fitch, Suite 100 Irvine, CA 92614. Mail-in entries must be postmarked within the Sweepstakes Period and received within 7 days following the Sweepstakes Period to be considered. Each Mail-in entry must be mailed separately.
LIMITS: There is a limit of one (1) entry per person for the entire Sweepstakes Period, regardless of method of entry. All entries become the property of Sponsor and will not be acknowledged or returned. Multiple entrants are not permitted to share the same email address or social media account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder of the email address associated with his/her winning entry.
ENTRANT DATA AND PRIVACY: Submission of an entry in the Sweepstakes, including any prize notification documents (“Entrant Data”) constitutes your consent for Sponsor to obtain, use, and transfer your name, address, and other details for Sweepstakes administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at https://alcatelonetouch.us/privacy-policy/ (the “Alcatel Privacy Policy”). In connection with the entry, Sponsor will be collecting personal data about the entrants in accordance with the Alcatel Privacy Policy. This may include an entrant’s consent to the use of his/her name, biographical information, including city and state of residence, for promotional purposes by Sponsor and its designees, including but not limited to, the posting of winner’s name on the Sponsor website or in a winners list, without additional compensation, except where prohibited by law (“Promotions”). By participating in this Sweepstakes, entrants consent to the collection and use of their personal information, and acknowledge that the Alcatel Privacy Policy has been read and accepted (https://alcatelonetouch.us/privacy-policy/).
All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors, and winners hereby disclaim and waive any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or their licensors, and winners hereby waive any claim of control over the Promotions’ content, as well as any possible claims of misuse of winners’ name under contract, tort, or any other theory of law.
4. PRIZES, WINNER SELECTION, AND ODDS OF WINNING:
WINNER SELECTION & NOTIFICATION: Three (3) potential Grand Prize winners will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period on or about 3/30/18 and notified via email, telephone, regular mail or overnight mail. Potential winners will have 48 hours from the time of initial contact by Sponsor to claim their prize; if a prize is not claimed within the 48 hour period, an alternate potential winner may be selected and notified for the applicable prize and Sponsor will have no further obligation to the initial potential winner. All prizes will be awarded, provided a sufficient number of eligible entries have been received. Prize award is subject to verification of eligibility and compliance with these Official Rules. Potential Grand Prize Winners may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) days of issuance of notification. If a prize or prize notification is returned as undeliverable; or if a potential winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a potential winner become an actual winner. Prizes will be awarded in the name of the winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.
The Grand Prizes (3): Each Grand Prize Winner will receive one (1) $500 Visa® Gift Card (the “Grand Prize”). Approximate retail value (“ARV”) of each Grand Prize is $500.
The specifics of all aforementioned elements of the Grand Prizes in the Sweepstakes shall be solely determined by Sponsor, however each Grand Prize gift card will be subject to certain terms and conditions as specified by issuer. All federal, state, and local taxes on the Grand Prizes are each Grand Prize Winner’s responsibility. The Grand Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Grand Prize with a prize of comparable or greater value. A lost or stolen Grand Prize will not be replaced. All costs, taxes, fees, and expenses associated with any element of a Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winners. Total ARV of all Grand Prizes: $1,500.
PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes 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 a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. The winners will not be obligated to purchase any Sponsor products or services. Entrants indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of any element of any prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of entrant or that of entrant’s heirs, executors, and administrators relative to entrant’s use of the prize awarded to entrant; and that entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to entrant.
No more than the advertised number of prizes will be awarded. Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
5. CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify or cancel, or terminate this Sweepstakes, in whole or in part, at any time without notice. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the email address used to submit the entry. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor’s reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted in the App. Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
6. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Sweepstakes Entities in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of California. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Orange County, California, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of California.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
7. WHO WON: For the names of the prize winners, available from 4/1/2018 to 04/30/2018, please access: https://alcatelonetouch.com/rules-regulations; or send a self-addressed, stamped envelope, by 4/30/2018, to TCT Mobile (US) Inc at 25 Edelman, Suite 200, Irvine, CA 92618.
8. SPONSOR: TCT Mobile (US) Inc., a Delaware corporation having its principal place of business located at 25 Edelman, Suite 200, Irvine, CA 92618.
9. ADMINISTRATOR: Schiefer Chopshop, 17922 Fitch, Suite 100, Irvine, CA 92614.
10. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the winner Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.