NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The Total Wireless FREE FONE 4 FANS (the "Promotion") is open only to Total Wireless Rewards members as of July 24, 2020 who are legal residents of the fifty (50) United States (and the District of Columbia) who as of the time of entry, are 18 years of age or older. Void where prohibited by law. Employees and directors of TracFone Wireless Inc., Contest Factory, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state, provincial and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules, as well as Sponsor's decisions and/or interpretations under these Official Rules, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: TracFone Wireless, Inc., 9700 NW 112th Ave., Medley, FL 33178.
Administrator: Contest Factory, 17602 17th Street #102 - PO Box # 116, Tustin, CA 92780.
Promotion begins on July 24, 2020 at 12:01 a.m. Eastern Time ("ET") and ends on the earlier of: 1) August 14, 2020 at 11:59 p.m. ET; OR 2) when the Promotion has received one thousand (1,000) submissions (the "Promotion Entry Period"). The Promotion is governed by these Official Rules and is subject to all applicable federal, state, provincial, and local laws. Sponsor is the official time keeper for this Promotion.
During the Promotion Entry Period go to contests.totalwireless.com and complete the online registration form. To enter the Promotion, you must enter your phone number to confirm that you are a Total Wireless Rewards member. After registration, submit a thirty (30) second video of yourself talking about your most memorable experience with the Total Wireless Rewards program (the "Submission") (Video Requirements: Maximum length of 30 seconds and a maximum file size of 200MB). Approved Submissions will be displayed in the gallery page. Limit of one Submission per person for the Promotion. Use of multiple phone numbers to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the phone number from which the Submission is uploaded at the time of the entry, as identified by the primary phone number associated with that account. Submissions will not be acknowledged or returned.
All Submissions. Submission must be the original work of the entrant (DO NOT COPY OTHERS' WORKS, IN WHOLE OR IN PART. YOU MUST OTHERWISE COMPLY WITH THE SUBMISSION REQUIREMENTS BELOW AND OTHER TERMS HEREIN). Except for your first name, do NOT include personal information (e.g., your last name, e-mail address or phone numbers) in the Submission itself; if the Submission contains personal information, it is your sole responsibility to remove all such personal information from the Submission before submitting to the Promotion. Among other points, Submission must comply with these Official Rules in all respects, including without limitation, the Submission Requirements below. All Submissions will be reviewed by Sponsor and/or Administrator for compliance with these Rules and an entry will only be awarded for Submissions that comply with such guidelines. Limit of one (1) Submission per entrant during the Promotion Entry Period. By registering, you consent to receive marketing emails from the Sponsor. You may unsubscribe at any time.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned.
Each Submission must meet all of the following requirements or it will be disqualified:
Sponsor, in its sole direction, reserves the right to disqualify any Submission that does not meet these requirements.
By submitting a Submission, you agree Sponsor has the unrestricted right to use your Submission, commercially or non-commercially, including the worldwide right to publish and display Submission in any media for advertising and publicity, all without additional review or compensation. By entering, you represent and warrant that: (i) your entire Submission is an original work by you and you have not copied or used other works in your Submission without permission or right to do so; (ii) no person, other than you has any right, title or interest in any part of your Submission; (iii) your Submission will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submission in accordance with these Official Rules. You understand that Sponsor reserves the right to disqualify or refuse to post any Submission at any time for any reason at its sole discretion. BY SUBMITTING THE SUBMISSION, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH SUBMISSION IN ANY WAY AND POST THE SUBMISSION ON THE INTERNET OR USE THE SUBMISSION IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.
The Promotion will have ten (10) Winners. On or about August 21, 2020, Sponsor or an independent judging panel will select ten (10) Potential Winners from among all eligible Submissions that were submitted, based on an application of the following criteria equally: Relevance, Creativity and Originality. In the event of any tie for the final spot, the entrant whose Submission received the highest score for Creativity will be selected from among the tied entrants as the potential Winner. In the event of a tie on Creativity, Sponsor at its sole discretion will select the potential Winner. Sponsor reserves the right to select fewer than ten (10) potential Winners, if, in its sole discretion, it does not receive a sufficient number of eligible Submissions.
The Potential Winners may be contacted using the email address or phone number provided with the entry, and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Sponsor's decisions as to the administration and operation of the Promotion and the selection of the Potential Winners are final and binding in all matters related to the Promotion. Potential Winners will be notified on or about August 24, 2020. Failure to respond to the initial verification within five (5) business days of notification may result in disqualification and Sponsor may select an alternate potential winner based on the entrant whose Submission next had the highest score. Odds of winning depend on the number of all Submissions submitted and how well they compare to the judging criteria.
The potential prize winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email after the date of the selection. The potential winner may be required to sign and return to Sponsor, within five (5) business days of the date notice is sent, an affidavit of eligibility, and liability/publicity release in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, the potential prize winner shall forfeit the prize. In the event that a potential winner of a Promotion prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner, after which the applicable prize may remain un-awarded at Sponsor's sole discretion.
Ten (10) grand prizes will be awarded. Each Winner will receive a Samsung Galaxy A20 phone. Model, color, package, and other prize specifics are subject to availability. Approximate Retail Value ("ARV") for prize is $199. Total ARV of all Prizes is $1,990.
For all prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator which are binding and final in all matters relating to this Promotion; (b) release and hold harmless Sponsor and Administrator and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant's participation in the Promotion and/or entrant's acceptance, use or misuse of prize.
Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsor or Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor or Administrator in their sole discretion. Sponsor or Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion. No more than the stated number of prizes will be awarded.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Orange County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Orange County, California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
For Promotion results send a hand-printed, self-addressed, stamped envelope to Winners List - Total Wireless FREE FONE 4 FANS Contest c/o: Contest Factory, 17602 17th Street #102 - PO Box # 116, Tustin, CA 92780. Requests for the winner list must be received by December 31, 2020.