Virgin Mobile USA Community Contribution Contest – KAABOO FESTIVAL - Official Rules
1. ELIGILIBITY: The Virgin Mobile USA Community Contribution Contest – KABOO Festival (the “Promotion”) is open to legal residents of the United States who are 18 years of age or older at the date of entry. Entry in the Promotion requires subscription to the Virgin Mobile Inner Circle plan and registration and participation in the Virgin Mobile USA Community (the “Community”). Registration into the Virgin USA Community is free and can be completed at https://community.virginmobileusa.com/t5/user/userregistrationpage . Employees of Sprint Communications Company L.P., Virgin Mobile USA – Evolution, Inc., Lithium Technologies Inc., KAABOO, LLC, their respective parents and affiliates, and other companies associated with the promotion of the Promotion (collectively, the “Promotion Entities”), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: The Promotion is sponsored by Virgin Mobile USA, L.P. (the “Sponsor”), 6200 Sprint Parkway, Overland Park, KS 66251. The Promotion is administered by Trymark Consulting Group, Inc (the “Administrator”), P.O. Box 295, Gainesville, VA 20156.
3. Agreement to Official Rules: By participating in the Promotion and/or accepting a prize, you fully and unconditionally agree to and accept these Official Rules, other applicable Virgin Mobile and Sprint policies and terms, and the decisions of the Sponsor, which are final and binding. Winning the prize is contingent upon fulfilling all requirements set forth in these rules. Failure to comply with these Official Rules will void your entry.
4. PROMOTION PERIOD: The “Promotion Period” begins on August 4th, 2017 at 12:00 AM Eastern Time (“EST”) and ends on August 24th, 2017 at 11:59 PM Pacific Time (“PT”) (the “Entry Period”). The computer clock of the Sponsor is the official time-keeping device for the Promotion.
5. How to Enter: To become eligible for entry into the Promotion, you must register for a free Community membership at https://community.virginmobileusa.com/t5/user/userregistrationpage, and participate in the Community. Each week of the Promotion Period, the three (3) Community contributors earning highest “kudos” and the three (3) Community contributors earning the top “accepted solutions” during the Promotion Period (total of six (6) Community contributors per week) will be eligible for entry. The Sponsor, in its sole discretion, will identify the top Community Contributors based upon the number of “kudos” or “accepted solutions” as of 12:01am every Friday, each week of the Promotion Period. On Friday of each week for three (3) consecutive weeks during the Promotion Period, such top “kudos” and “accepted solutions” Community contributors will be entered into the Promotion (each an “Entrant”). In the event of a tie in “kudos” or “accepted solutions”, the user with the longer tenure as a Community Member will be selected. Content that is vulgar, abusive or disparaging towards another Community user or Virgin Mobile USA will be disqualified. Per the Community Terms and Conditions, If you provide any ideas, suggestions, or recommendations on this site regarding Virgin Mobile USA's products, technologies or services ("Feedback"), Virgin Mobile USA may use such Feedback and incorporate it in Virgin Mobile USA products, technologies, and services without paying royalties and without any other obligations or restrictions. By Posting to the Site you agree to grant Virgin Mobile USA a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Post. If you do not want to grant to Virgin Mobile USA the rights set out above, do not Post to the Site.
6. Terms of Service: You may be disqualified from the Promotion for failing to comply with these Official Rules, as determined in the sole discretion of Sponsor and/or the terms and conditions of the Community. Repetitive automated electronic submission of Entries is specifically prohibited, and any such Entries will be disqualified. Entries will be deemed made by the Community member associated with the Community account user name and email at the time of entry. In the event of a dispute, the potential winner may be required to provide proof that he/she is the authorized Community member, and Sponsor’s decision will be final. Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, including any error that may result in an erroneous appearance of qualification for the prize. Promotion Entities are not responsible for any problem or technical malfunction of any computer equipment or software that results in loss of entry. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Promotion Entities are not responsible for any injury or damage to entrant’s or any other’s computer related to or resulting from participating in the Promotion. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her Entries) who tampers with the entry process.
In the event of a dispute regarding entries received from multiple users having the same email account, the authorized account subscriber of said email account at the time of entry will be considered the Entrant and required to comply with these Official Rules and any other rules and requirements. “Authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entries) it finds to be tampering with the entry process or the operation of this Promotion or website, intending to annoy, abuse, threaten or harass any other participant, Sponsor, or any of its representatives or to otherwise be acting in violation of these Official Rules and any other applicable rules and requirements.
7. Requirements of Potential Winner: The potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within two (2) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place in a manner determined by the Sponsor in its sole discretion. If the potential winner is considered a minor in his/her state of residence, the prize will be awarded in the name of his/her parent or legal guardian who will be required to comply with all requirements imposed on winner set forth in these rules.
8. WINNER SELECTION: After the last Friday of the Promotion Period, a panel of judges will review and evaluate the degree of skill utilized by each Entrant while contributing in the Community during the Promotion Period, based upon the following criteria:
-Total Kudos earned (1 point each)
-Total accepted solutions written (5 points each)
-Thoroughness (1-5 points)
-Thoughtfulness (1-5 points)
-Helpfulness (1-5 points)
The Entrant with the highest points total will win the Grand Prize. Participants may be asked to verify certain eligibility information by the Sponsor. All Entries are subject to these Official Rules. Limit of one (1) Entry per person, per IP address or email address, throughout the Promotion Period.
WINNER NOTIFICATION: Promotion Participants should have a valid email address registered with the Community. Potential winner will be notified via email. Potential winner must respond within twenty-four (24) hours from date of notification to claim their prize. The potential winner then and only then becomes the “winner.” If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, then he/she will forfeit that prize.
9. Prize: A Total of one (1) Grand Prize package will be awarded during the Promotion, consisting of the following:
-Round trip economy flight to San Diego for winner + guest, 9/14/17-9/18/17 (ARV: $2,000.00)
-Ground transportation to/from airport and festival for winner + guest (ARV: $800.00)
-Winner stipend, provided in the form of a $500.00 check, for winner only (ARV: $500.00)
-Four nights and five day stay at a hotel (1 room), 9/14/17-9/18/17 (ARV: $2,000.00)
-Two (2) “Hang-Five” VIP festival passes to attend KAABOO Del Mar 2017 festival including the Thursday night “Sneak Peak Party” and artist meet and greet. Artists are to be determined by festival organizers (ARV: $1,758.00)
Total maximum Approximate Retail Value (ARV) of the Grand Prize package: $7,058.00
Any prize details not specified above will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. Prizes may be reported as income to a winner, and the winner will be responsible for all taxes associated with the receipt of a prize.
If winner resides within a one hundred (100)-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. If, for whatever reason, the festival or hospitality events do not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, any events outside of Sponsor’s control, or for any other reason, no compensation or substitution will be provided, however remainder of prize package will be awarded and Sponsor shall have no further obligation to such winner. Travel must be made through Sponsor’s agent, on a carrier and on dates specified. Winner and guest must travel together on same itinerary, including the same departure date, destination and return date. No stopovers are permitted on tickets issued as a prize; if a stopover occurs, the prize will terminate at the stopover point and full fare will be charged for the remaining segments, including the return, of the trip. Released Parties (as defined below) are not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Guest must be eighteen (18) years of age or older. Guest must execute and return a Guest Release prior to travel. Travel is subject to capacity controls, availability and certain other restrictions. If potential winner is unable to complete travel on dates specified by Sponsor, the Grand Prize package will be forfeited and Sponsor will have no further obligation to such winner. Time permitting, Sponsor will use reasonable efforts to award prize to an alternate winner. Winner and guest are responsible for obtaining all travel documents required by airline and comply with all applicable hotel check-in requirements, such as presentation of a major credit card. Winner and guest must comply with all applicable venue rules and regulations. Sponsor reserves the right to disqualify, deny admittance or remove winner and/or guest, at Sponsor’s sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; (c) if any prize or prize notification is returned as undeliverable; or (d) winner and/or his/her guest either engage in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the race venue or other Grand Prize activity, or appear to be under the influence of drugs or alcohol. Winner is responsible for all costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, luggage fees, additional ground transportation, additional meals, gratuities and souvenirs.
11. General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules, (b) award the prize at random from among the eligible Entries received up to the time of the impairment, or (c) award the prizes in a manner determined by the Sponsor in its sole discretion. The 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 Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
12. Warranties and Consents: By completing and submitting an Entry and/or accepting a prize, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules and other applicable rules and requirements, (ii) based on the Rules, you are eligible to participate in the Promotion, and (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Official Rules by the Sponsor, which are final in all matters relating to the Promotion.
13. Release and Limitations of Liability: By participating in the Promotion, entrants agree to release and hold harmless each of the Promotion Entities and their respective parents, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an Entry; (b) unauthorized human intervention in the Promotion; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Promotion or the processing of Entries; or (f) injury, death, 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 of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
14. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Kansas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas.
15. Promotion Results: To request the name of the winner, send a self-addressed, stamped envelope to Virgin Mobile USA Community Contribution Contest – KAABOO Festival Winner List Request, 1200 Main St., Kansas City, MO 64105. Requests must be received within four (4) weeks of the end of the Entry Period. VT residents omit postage.