“It’s On Us” Promotion: Rules & Instructions
1. Eligibility: No purchase necessary to enter or win. A purchase or use of kwiry service will not increase your odds of winning. Contest open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico) at least age 18 or age of majority on date of entry. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: kwiry, Inc. 116 New Montgomery Street, Suite 914, San Francisco, California 94105 (www.kwiry.com) kwiry is not affiliated with Apple, Cingular.
3. Timing: Contest begins at 12:00 PM Pacific Standard Time (-08:00 GMT) on 03/19/08 and is ongoing weekly until 7/30/08 or such time as kwiry terminates the promotion. To be eligible to win each prize offered in this Contest, your entry must be received by the applicable Entry Deadline for a particular week’s contest. Each entry received will be entered into the corresponding week’s conference during which it was received.
4. How to Enter: Standard Rate & Other Carrier Airtime/Text Messaging Fees Apply.
a. Online/Text Method: You must be a registered user of www.kwiry.com. Text, e-mail or send via Jott or Twitter any valid kwiry to 59479 (Standard Rate & Other Carrier Airtime/Text Messaging Fees Apply.) A valid kwiry will include the word book, e-mail or music and will also include a full title of a book, e-mail or music album that retails for less than $25. Ensure your kwiry account is active and contains your active cell phone number and email address.
b. Mail-in Alternate Method: To enter without completing online activity, participants may mail a 3” x 5” card with the following handwritten information: full name, address, and the following phrase, “kwiry It’s On Us Promotion.” Please ensure only one card per entrant per envelope and mail (with proper postage) to: “It’s On Us Contest” c/o kwiry, Inc. 116 New Montgomery Street, Suite 914, San Francisco, California 94105. One card per envelope; please ensure proper postage is used. It is not necessary to await receipt of an entry form. Each entry will be processed in the week’s contest when it is received. All alternate method entries must be postmarked by 6/15/08, in order to ensure receipt by the contest deadline of 6/25/08.
5. Drawings and Odds: kwiry, Inc. will randomly select one (1) Prize winner each week. Entrants cannot be selected to win more than once. Winning odds are based on number of total entries. All entries have the same chance of winning. No one will know who the winner is until after each Contest ends.
6. Grand Prize: One (1) grand prize per week is a $25 or less book, movie or music album. Prize details and availability are subject to change, in which case a prize of equal or greater value will be substituted at Sponsor’s sole discretion. Grand Prize is non-transferable except at Sponsor’s sole discretion. Except as set forth above, no substitutions or cash redemptions except at Sponsor’s sole discretion, in which case a prize of equal or greater value will be awarded. All federal, state and local taxes are the responsibility of the winner. Total ARV of all available Prizes: $25.00 per week or less.
7. Release: By receipt or use of any prize, winner agrees to release and hold harmless Sponsor and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
8. Publicity: Grand Prize Winners will be featured on www.kwiry.com and related pages and must complete a full user profile. User’s comments and likeness may also be used in future marketing efforts at the sole discretion of kwiry, Inc.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor 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 Contest or to be acting in violation of these Official Rules or those of any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Contest 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 Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
12. Entrant’s Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.
Contest Results: For a list of winners, see blog.kwiry.com each week or send an e-mail to feedback@kwiry.com.