NO PURCHASE OR TEXT MESSAGING IS REQUIRED TO ENTER OR WIN. PURCHASE OR TEST MESSAGING DO NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED.
Eligibility: The NearbyNow Back to School Sweepstakes ("Promotion") is open only to persons who, at the time of entry, are legal residents of, and are physically present in, the 50 United States and the District of Columbia and who are thirteen (13) years of age or older. Employees and directors of NearbyNow, Inc. ("Sponsor"), General Growth Properties, Inc., The Westfield Group, CBL Properties, participating NearbyNow malls, the advertising and promotion agencies involved with this Promotion, and their subsidiaries, divisions, affiliates and related companies (collectively, "Sweepstakes Entities"), immediate family members and/or those living in the same household of such employees are not eligible to participate or win. Entries must be received by the times stated below to be eligible. By entering the Promotion, participants are bound by and agree to these Official Rules and the decisions of the Sponsor. All federal and state laws and regulations apply.
Promotion Period: The Promotion begins at or about 12:00:01 AM Pacific Time (PT) on August 3, 2007 and ends at 11:59:59 PM PT on September 3, 2007 (the "Promotion Period").
How to Enter: This Promotion consists of four individual weekly promotions ("Weekly Promotion(s)"). The first Weekly Promotion period will begin at or about 12:00:01 AM PT on August 3, 2007 and ends at 11:59:59 PM PT on Monday, August 13, 2007. Each of the subsequent three Weekly Promotion periods will begin on or about 12:00:01 AM PT on a Tuesday (beginning August 14, 2007) and ending at 11:59:59 PM PT the following Monday. There are three ways to enter: (a) Online Product Reservation: Access the web site of a participating NearbyNow mall or shopping center (access NearbyNow "Back-to-School" sweepstakes promotion for list) and follow the online directions to reserve a product. There is no fee or other obligation required to reserve a product on-line. You will receive one automatic entry into the applicable Weekly Promotion for each product you reserve on-line during a Weekly Promotion period. (b) Entry Online: To enter a Weekly Promotion without reserving a product online, visit NearbyNow "Back-to-School" sweepstakes entry form during a Weekly Promotion period, complete the online registration, and follow the online instructions to submit your entry. (c) SMS Product Search: Eligible participants who perform a product search using their wireless SMS-capable mobile phone during a Weekly Promotion period, will automatically receive one entry into that Weekly Promotion. To perform a product search using a wireless SMS-capable mobile phone, send a text message to a short code (which will be posted in various sweepstakes advertising and promotional materials throughout the Promotion Period) and following the instructions to perform a product search. You will receive a text message confirming your entry into the Sweepstakes. Important Notice: Your wireless-service provider may charge you for each test message you send and receive. Please consult your wireless-service provider regarding its pricing plans. May not be available for all service providers or for all handsets. By performing a product search you.re your SMS-capable wireless phone, you agree to receive periodic promotional text messages. If you no longer wish to receive future promotional text messages, reply "END" to a text message sent to you. Your entry will remain eligible for the applicable Weekly Promotion drawing, but you will not receive future text messages except for notification if you are selected as a potential winner. The words STOP, CANCEL, UNSUBSCRIBE and QUIT are also opt-out words associated with this program. Entries are only eligible for the Weekly Promotion period in which they are received. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address or wireless telephone number used to enter will be deemed to be the entrant. "Authorized account holder" of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. "Authorized account holder" of a wireless telephone number is defined as the natural person who is assigned to a wireless-telephone number by a wireless-service provider.
Weekly Random Drawings: One Weekly Promotion prize winner will be selected by random drawing from all eligible entries received for that drawing. Each random drawing will be conducted approximately 15 days after the end of the Weekly Promotion period, by Sponsor or Sponsor.s representative. Odds of winning depend on the total number of entries received for each weekly drawing.
Prizes and Approximate Retail Values: Weekly Prize (4): Each weekly prize consists of a Back to School Kit consisting of one The North Face® backpack, one MacBook® computer, one iPod® ShuffleTM mobile digital device, one iPhoneTM mobile digital device, one Nintendo DS® Lite hand-held gaming device, $1,450 (delivered in the form of a check) which winner may use to activate wireless service for the iPhone, and up to $300 in retail store coupon offers (stores/coupons to be selected by Sponsor). Brands, models, features and capacity of all prize elements will be determined by Sponsor in its sole discretion. Coupons are subject to the stated terms and conditions established by their issuers and are not redeemable for cash. To use the iPhone mobile digital device, winner must live in an area which receives coverage from the wireless service provider, sign a minimum 2-year wireless service plan agreement with the provider under terms and conditions established solely by the provider, and obtain service provider.s credit approval. As state above, Sponsor will provide winner with a check for $1,450 to cover the cost of the service agreement. Approximate Retail Value of each Weekly Prize Kit: $3,500. Sponsor reserves the right to substitute an alternate prize of equal or greater value in its sole discretion. Promotion prizes are non-transferable, non-refundable, not redeemable for cash and no substitutions by winner will be permitted. Prizes come only with the limited manufacturers. warranty, if any. All federal, state and local taxes are the sole responsibility of each winner.
Winner Notification: Each potential winner will be notified by phone and/or email by Sponsor or Sponsor.s agent, who will make only two (2) attempts to contact the potential winner at the phone number or email address provided online within forty-eight (48) hours from the time of the winner selection. If Sponsor is unable to reach a potential winner via phone or email within this time frame, he/she will be disqualified and an alternate will be selected. The potential winners (or the parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return a notarized affidavit of eligibility/release of liability and/or publicity release (where legal) within five (5) days of receipt of notification. If any potential winner cannot be contacted or fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if required), potential winner forfeits prize. If any prize is returned as undeliverable, potential winner forfeits such prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner. Prizes will be delivered within 6 to 8 weeks after a winner has been verified as eligible and in compliance with these Official Rules, to the winner.s address provided on the affidavit of eligibility.
General Conditions:
- Except where prohibited, each winner grants to Sponsor and its advertising agencies the right to use, and publish his or her name, likeness, voice, opinions, biographical information, home city and state in any and all media, whether or not now know, to promote Sponsor and the Promotion without additional compensation.
- Entrants enter at their own risk. Sponsor and Sweepstakes Entities are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incorrect, stolen, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of Sponsor or Sweepstakes Entities that may cause the Promotion to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Promotion including; or (vi) any printing or typographical error in any materials associated with these Official Rules or the Promotion generally. Entrants assume all liability for any injury or damages of any kind caused or claimed to be caused by his or her participation in the Promotion and/or the acceptance and/or use of any prize, and release Sponsor and the Sweepstakes Entities from any such liability. Sponsor and the Sweepstakes Entities assume no responsibility for any injury or damage to participants or to any other person.s computer relating to or resulting from entering or downloading materials or software in connection with this Promotion.
- Entries generated by a script, macro, robotic or other automated means will be disqualified. USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF ENTRY IS STRICTLY PROHIBITED. Sponsor reserves the right to disqualify, and block or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process as determined by the Sponsor in its sole discretion. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the product reservation or online portions of the Promotion in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in its sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California. Sponsor.s decisions as to all matters related to the administration of the Promotion and selection of the winners are final.
Use of Data: Sponsor will be collecting personal data about participants online, in accordance with its privacy policy. Please review Sponsor.s privacy policy at http://www.nearbynow.com/privacy.html. By participating in the Promotion, entrants hereby agree to Sponsor.s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor.s privacy policy.
Winner's List: For the name of the weekly prize winners please send a self addressed, stamped envelope to NearbyNow Back to School Sweepstakes Winners. List, 4410 El Camino Real, Suite 104. Los Altos, CA 94022 for receipt by September 4, 2007.
MacBook, iPhone, iPod and Shuffle are trademarks of Apple, Inc., registered in the U.S. and other countries. The North Face® is a registered trademark of The North Face, Inc. Nintendo DS® Lite is a trademark of Nintendo of America, Inc. These companies are not sponsors of or otherwise affiliated with this promotion.