OFFICIAL RULES METROPCS “UFC 213/214 ” PROMOTION
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS PROMOTION 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. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. General. The MetroPCS “UFC 213/214 Promotion” (the "Promotion") is sponsored by T-Mobile USA, Inc. doing business as MetroPCS Business Unit, 2250 Lakeside Blvd., Richardson, Texas 75082 ("Sponsor"). The Promotion is subject to these Official Rules and to all applicable federal, state, and local laws. The Promotion is in no way sponsored, endorsed, or administered by Facebook, Twitter, or YouTube.
The Promotion has two aspects: a sweepstakes in which winners will be chosen by random drawing (the “Sweepstakes”) and a contest in which the winner will be chosen based on judging criteria (the “Contest”).
2. Eligibility. This Sweepstakes is open to legal residents of the United States who are the age of majority or older in their state of residence (19+ in AL and NE, 18+ in all other states) as of the date of entry. However, the Contest is only open to legal residents of the contiguous United States (excludes Alaska and Hawaii) who are the age of majority or older in their state of residence as of the date of entry and who meet the further home ownership criteria listed below. Employees of Sponsor, Zuffa, LLC, their respective affiliates, parents, subsidiaries, authorized dealers, prize providers, contractors, advertising and promotion agencies and all other service agencies involved with the Promotion (collectively, the “Promotion Entities”), together with the immediate families (spouses, parents, children, siblings, and their respective spouses) and those persons living in the same household (whether or not related) as such employees are not eligible to enter.
To enter the Promotion, you must have either a Facebook account, a Twitter account, or a YouTube account. You must follow Sponsor on Facebook, Twitter, or YouTube.
To be eligible to enter and win the Contest, you must meet the following additional criteria:
· You must own and reside in a detached, single-family, non-manufactured, non-mobile home (your “Home”) that is located in the contiguous United States (excludes Alaska and Hawaii) as of the start of the Promotion Period (defined below).
· You must be willing to allow Sponsor’s production crew access to your Home as necessary to (a) determine the suitability of your Home if you are selected as a Finalist, and (b) set up broadcast equipment and any other items necessary for the live broadcast if you are the winner. This includes allowing Sponsor’s production crew to use your electricity and internet service, at your sole cost and expense.
3. Promotion Period. The promotion period (“Promotion Period”) begins at the time on July 8, 2017 at which Sponsor begins the broadcast of its “Live from the Purple Couch” segment (the “Segment”) and announces the Promotion on Facebook Live on Sponsor’s Facebook page at https://www.facebook.com/MetroPCS, which is anticipated to be approximately 5:30 p.m. Pacific Daylight Time (“PDT”), and continues until 11:59 a.m. PDT on July 9, 2017. The Promotion Period includes two entry periods: the Sweepstakes Entry Period (“Sweepstakes Entry Period”) which begins at the start of the Promotion Period and ends at 7:00 p.m. PDT on July 8, 2017, and the Contest Entry Period (“Contest Entry Period”) which begins at the start of the Promotion Period and ends at 11:59 a.m. on July 9, 2017. Sponsor’s (or Sponsor’s designated representative's) computer is the official timekeeper for the Promotion. Sponsor will also air the Segment on Twitter via Periscope on Sponsor’s Twitter feed, @metropcs, and on YouTube Live on Sponsor’s MetroPCS channel.
4. How to Enter. (a) You may enter the Sweepstakes during the Sweepstakes Entry Period by (i) posting a comment or question for a UFC fighter, on MetroPCS’s Facebook page, Twitter feed, or YouTube channel, together with “#contest” or (ii) sharing, retweeting, or commenting on another entrant’s Contest Submission (defined below) (in either instance, a “Sweepstakes Submission”). Limit one entry per person, regardless of method of entry. You may make more than one Sweepstakes Submission; however, only the first Sweepstakes Submission will be valid as an entry.
(b) You may enter the Contest during the Contest Entry Period by posting a Comment stating why MetroPCS should bring a UFC fighter to your Home during UFC 214 on July 29, 2017 and broadcast a Facebook Live segment featuring you and the UFC fighter on MetroPCS’s Facebook page, Twitter feed, or YouTube channel, together with “#contest” (your “Contest Submission”). If you make a Contest Submission during the Sweepstakes Entry Period, you will also automatically be entered into the Sweepstakes.
(c) Sweepstakes Submissions and Contest Submissions are collectively referred to as a “Submission.” In the event of a dispute over the identity of an entrant, the authorized account holder of the email address or mobile phone number associated with the Facebook, Twitter, or YouTube account, as applicable, which posted the winning Submission will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The authorized account holder of a mobile phone number is the natural person in whose name the phone or telephone number has been issued and to whom services are billed. The potential winner will be required to provide identification sufficient to show that he/she was the authorized account holder of such email address. Your Submission must not be derogatory, offensive, indecent, sexual, profane, slanderous, or promote hatred, harm or discrimination against any group or person, and must not disparage Sponsor, any competitor of Sponsor, or any Promotion Entity.
All entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Promotion or sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. All entries must be received and recorded during the Promotion Period to be eligible.
5. Prizes. (a) The following are the Sweepstakes prizes and the approximate retail value (“ARV”) of each: One Samsung GS8 phone (ARV $729); five Samsung Gear 360 devices (ARV $125); five Samsung Gear VR devices (ARV $150); eight UFC T-shirts (ARV $20); two UFC hats (ARV $20), and five pairs of UFC fighting gloves (ARV $50). Phone prize does not include MetroPCS telephone service, which must be purchased separately. Use of MetroPCS phone service is subject to Terms and Conditions of service at https://www.metropcs.com/terms-conditions/terms-conditions-service.html. Among other things, the Terms and Conditions provide that the phone cannot be unlocked until the phone has been active on MetroPCS phone service for 90 consecutive days. Device prizes are only compatible with select smartphone models, which are not included and must be purchased separately. See http://www.samsung.com/global/galaxy/gear-360/ and http://www.samsung.com/global/galaxy/gear-vr/ for more information. All other expenses on the receipt and use of the prize are solely the responsibility of winner.
(b) There is one Contest prize, a visit to your Home by a UFC fighter and a production crew, who will broadcast one or more Facebook Live segments (the “Prize Segment”) on the Page before or during the UFC 214 fight on July 29, 2017. There is no approximate retail value (“ARV”) associated with the grand prize. The specific UFC fighter will be determined by Sponsor in its sole discretion, and fighter visit is subject to fighter availability. The prize will be subject to additional rules and restrictions (including, without limitation, restrictions on other attendees at the broadcast and restrictions on winner recording or sharing any pictures or audio before, during, or after the broadcast).
6. Winner Selection and Notification. (a) The Sweepstakes prizes will be awarded in a series of random drawings from among all eligible entries received at the time of drawing. Drawings will be conducted by Sponsor or Sponsor’s representative, whose decisions are final and binding. Drawing times will be at random intervals throughout the Sweepstakes Entry Period. Names of winners will be announced during or immediately following the Segment. The potential prize winners will also be notified by Sponsor replying to the winner’s Submission with instructions for contacting Sponsor. If the potential prize winner does not respond within twenty-four (24) hours of the first notification attempt, an alternate potential winner will be selected from the remaining eligible entries.
Potential winners are subject to verification, including verification of age, and may be required to complete and return an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified with such materials or Sponsor, in its sole discretion, may select an alternate potential winner. If a potential winner is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, that winner may be disqualified and an alternate winner may be selected from the remaining eligible entries. Sponsor reserves the right to award the prize to an alternate entrant even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of contact information for entrants.
Odds of winning a Sweepstakes prize depend on the number of eligible entries received at time of drawing.
(b) The Contest winner selection will occur in two phases.
In the first phase, Sponsor will select up to five finalists (each, a “Finalist”) based on which Submission best illustrates why the entrant should win the Contest prize. Judging criteria will include originality, uniqueness, and creativity of Submission and location and suitability of your Home. The potential Finalists will be notified by Sponsor replying to each potential Finalist’s Submission with instructions for contacting Sponsor. If the potential Finalist does not respond within twenty-four (24) hours of the first notification attempt, an alternate potential Finalist will be selected from the remaining eligible entries, time permitting. Finalists will also be subject to verification of age and eligibility, must sign a liability release, and must provide proof of ownership of Finalist’s Home. If a Finalist is unable to do so, that Finalist will be eliminated from consideration. Sponsor may or may not choose an additional Finalist.
In the second phase, Sponsor or Sponsor’s representative will conduct a detailed review of each Finalist’s Home, which may include, at Sponsor’s sole discretion, a site visit to Finalist’s Home at a date and time determined by Sponsor or Sponsor’s representative in their sole discretion. The review process will assess whether a Finalist’s Home can support the needs of the Prize Segment broadcast and fighter visit, including, without limitation, location of and ease of access to the Home, whether the Home has a space suitable for the broadcast, whether the Home can accommodate the production crew and security personnel, whether the Home meets the technical requirements for the broadcast, and overall appearance of the Home.
All decisions of Sponsor or Sponsor’s representatives are at the sole discretion of Sponsor or Sponsor’s representatives and are final and binding in all respects.
The selected prize winner will be notified by Sponsor via email or telephone. If the potential prize winner does not respond within twenty-four (24) hours of the first notification attempt, the next highest scoring Finalist will be determined to be prize winner, and so forth, until a prize winner is selected.
The prize winner must sign a further liability release and (where legal) a publicity release, which must be returned within the time period specified with such materials or Sponsor, in its sole discretion, may select the next highest scoring Finalist as an alternate winner, and so forth, until a prize winner is selected. Sponsor reserves the right to award the prize to an alternate entrant even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of contact information for entrants.
7. General. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. Prizes are non-transferable; no substitutions or exchanges by winner permitted. Sponsor reserves the right, in its sole discretion, not to award the Contest prize, or not to proceed with the Prize Segment broadcast. In that event, no other prize or compensation will be awarded. Sponsor further reserves the right, in its sole discretion, to substitute one or more elements of a prize for a prize of equal or greater value. Prizes may not be redeemed for cash value. Any difference between the stated ARV of a prize and the actual value of a prize will not be awarded. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner. Unclaimed prizes will not be awarded.
By participating in the Promotion, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release and indemnify and hold (a) the Promotion Entities and their respective officers, directors, employees and representatives and (b) Facebook, Twitter, and YouTube harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Promotion. By participating in this Promotion, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Promotion itself, and to be bound by all actions of the Sponsor and/or Sponsor's representative, whose decisions are binding and final on all matters related to this Promotion. By accepting any prize, winner grants to Sponsor the right to use his/her name, likeness, hometown and biographical information, for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, worldwide and on the Internet and World Wide Web, without further permission or compensation, except where prohibited by law. By accepting any prize, each winner agrees for himself/herself and for their heirs, executors and administrators to release and indemnify and hold the Promotion Entities and their respective officers, directors, employees and representatives harmless from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Promotion, or the acceptance, possession, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery.
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the internet; or (e) any injury or damage to participant’s or to any other person’s computer or cell phone which may be related to or result from any attempt to participate in the Promotion. Sponsor has not made and/or is not responsible for, and hereby disclaims, any representation, warranty or guaranty, express or implied, in fact or in law, relative to the prizes.
If, in the Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, Sponsor reserves the right to void suspect entries and/or terminate the Promotion (or any portion of the Promotion). Sponsor may prohibit entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately 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 entrant to the fullest extent permitted by law. Sponsor is not responsible for typographic or printer's errors. In no event will more than the number of prizes stated in these Official Rules be awarded.
8. WAIVER. BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZES OR OFFERS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE PROMOTION, BUT IN NO EVENT WILL ATTORNEY’S 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 OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.
9. GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE PROMOTION, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, U.S.A., WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS RULES THEREOF, AND ANY MATTERS OR PROCEEDINGS SHALL TAKE PLACE IN THE STATE OF TEXAS, IN THE COUNTY OF DALLAS.
11. Winner's List. The names of the Sweepstakes prize winners will be announced during the Segment and posted on Sponsor’s Facebook page. The name of the Contest winner will be posted on Sponsor’s Facebook page.
12. Sponsor. T-Mobile USA, Inc. doing business as MetroPCS Business Unit, 2250 Lakeside Blvd., Richardson, TX 75082.