iPod Nano Sweepstakes

Terms & Conditions


TEXT IPOD TO 84444 FOR YOUR CHANCE TO WIN AN IPOD NANO TODAY

This Agreement sets out the binding terms of your use of the MonsterTones IPOD Nano sweepstakes and may be modified periodically. Such modifications to be effective when posting on the website. MonsterTones service refers to services as marketed directly by Monstertones or any of its affiliate or subsidiaries.

GENERAL SERVICE

(a) Service and Content. MonsterTones, through the MonsterTones SMS service, permits you to interact with the web sites.

(b) Payments and Fees.

(i) Fees. When submitting a message you will be charged by Reverse billed Premium Rate SMS. The amount will be deducted from your cellular account.

(ii) Right to Change Prices. Prices are subject to change at any time.

(iii) Electronic Signatures and Contracts. Your use of the Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

(iv) Nonpayment. If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, Ringingphone/Monstertones may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the Service and revoke your entry to the system. Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower.

(c) System Requirements. Use of the Service requires a compatible Device, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, You are responsible for ensuring the wireless phone/device is compatible. You acknowledge and agree that you will not be entitled to any refund for any Fees you pay for interaction with the system if any part is incompatible with your Device. User should always test compatibility through the MonsterTones website before submitting an entry.

(d) Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

SWEEPSTAKES

1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE U.S., AGED 18 OR OLDER AND WHO ARE LOCATED WITHIN THE UNITED STATES AT TIME OF ENTRY. Void in where prohibited by law. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who, since January 1, 2005, were or are employees or agents of Advanced Telecom Services, Inc; independent contractors of any of the above organizations who are engaged in the development, production, or distribution of materials for or the implementation of this sweepstakes; their parent companies, affiliates, or subsidiaries; or the service agencies or independent contractors of any of the above organizations; and (b) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories. Sweepstakes starts at 12:00:01 a.m., Eastern Standard Time (EST), on October 17th, and ends at 11:59:59 p.m., EST, on December 9, 2005 ("Promotion Period").

2. HOW TO ENTER. There are two ways to enter for a chance to win: To enter via text messaging ($.99 per entry charged to your wireless phone bill): Text an Official Entry Code mentioned on-air (or other Official Entry Code communicated in sweepstakes-advertising materials), to 84444 using a wireless, SMS-capable phone (you must provide your own phone). Once you have properly text-messaged the Official Entry Code to the promotional phone number, you will be sent a reply via text messaging. Follow all instructions in the text message. Important Notice: : Your wireless-service provider may charge you for each text message you send and receive. These charges are in addition to the text messaging entry method fee. Please consult your wireless-service provider regarding their pricing plans. By entering the sweepstakes via text messaging, 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 sweepstakes, but you will not receive future text messages except for notification if you are selected as a potential winner. In the event of a dispute about entries submitted by multiple individuals using the same wireless-phone number or e-mail account, the entry will be deemed to have been submitted by the authorized subscriber of the wireless-phone number or e-mail account used to enter the sweepstakes at the actual time of entry. The name of the authorized account holder associated with any given wireless-phone number (used to enter by sending a text message) or e-mail address will be deemed to be the entrant and must comply with these Complete Official Rules. The authorized account holder is defined as the natural person who is assigned to a wireless-phone number by a wireless-service provider or an e-mail address by an Internet-access provider, online-service provider, or another organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Multiple entries per person/e-mail address/wireless-phone number in excess of the daily entry limit or any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, sweepstakes-entry services) are prohibited and will void all entries by that entrant. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries.

3. ALTERNATE (NO PURCHASE NECESSARY) METHOD OF ENTRY. You can enter the sweepstakes by traditional mail. In order to enter the sweepstakes, you must mail in your first name, last name, cell phone number and email address to Nano Sweepstakes, c/o MonsterTones, 996 Old Eagle School Road Suite 1105, Wayne, PA, 19087. In order to be considered, the entry must be postmarked on or before December 2, 2005. Limit of six (6) Official Entry Codes per person per site visit.

4. PRIZES AND ODDS OF WINNING. Winner of the sweepstakes will be randomly selected by computer based on the estimated number of entries and the time of your participation. Mobile-messaging participants will be notified of winning status by text message. Online participants must follow the instructions provided on the Web site to determine prizewinning status. Winners are subject to verification. Potential Secondary Prize (First, Second, and Third Prizes) winners will be selected on or about December 15, 2005, by random drawing from all eligible entries received.

FIRST PRIZE (1): One (1) 2GB Ipod Nano ($199.00). SECOND PRIZE (1): One (1) free ringtone of the winner's choice available at www.monstertones.com ($1.99). THIRD PRIZE (1): One (1) free mobile wallpaper of the winner's choosing available on www.monstertones.com ($1.99).The odds of winning a prize depends on the estimated number of entries and the time of participation, but are estimated to be no worse than 1:10,000. The random drawing and awarding of prizes will be conducted under the supervision of Advanced Telecom Services, whose decisions are final and binding in all matters pertaining to this sweepstakes. Entrants agree to be bound by these Complete Official Rules and the decisions of the judging organization.

5. GENERAL CONDITIONS. Potential prizewinners will be notified online, by e-mail, by text message, by U.S. mail, or by private delivery service (at Sponsor's sole discretion) and may be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within five (5) days of notification. Each First Prize winner's guest must be at least 18 years old. In the event of noncompliance, if a Secondary Prize winner cannot be reached at the phone number or address on that winner's entry, or if prize or prize notification is returned as unclaimed or undeliverable for whatever reason beyond the control of Sponsor, that prize will be forfeited and an alternate winner may be selected if time permits. If a First Prize winner can not be confirmed and verified within 30 days prior to trip dates as determined by Sponsor, that prize will not be awarded. Unclaimed or undeliverable download prizes will not be awarded. Sponsor are not responsible for invalid or incorrect e-mail addresses. No substitution of any prizes will be offered, except at Sponsor's sole discretion. No prize transfer is permitted. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. Limit of one Secondary Prize per person, wireless-phone number, or e-mail address. All taxes, fees, and surcharges on prizes are the sole responsibility of each prizewinner. By participating and accepting a prize, where permitted by law, each winner grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast, and use-worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web-at any time(s), that winner's name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional compensation or review.

6. RELEASE OF LIABILITY. All entrants agree to hold harmless and release Advanced Telecom Services, Inc.; their respective parent companies, distributors, affiliates, and subsidiaries; the service agencies and independent contractors of any of the above organizations; their respective officers, directors, employees, and agents (including advertising and promotion agencies); and all others associated with the development and execution of this sweepstakes from any and all liability with respect to or in any way arising from this sweepstakes; participation in any sweepstakes-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or used in the sweepstakes, or by any technical or human error that might occur in the processing of submissions in the sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft, destruction, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; providers; computer equipment; or computer software or for failure of text entry on account of technical problems or traffic congestion, including injury or damage to the participant's or to any person's wireless phone related to or resulting from participating in or downloading materials for or from this sweepstakes. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the sweepstakes or to defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. Official Entry Codes are null and void and will be rejected if obtained outside authorized, legitimate channels; if counterfeited, damaged, illegible, or tampered with in any way; or if they contain printing, production, or typographical errors. Liability for any Official Entry Code containing printing, production, typographical, mechanical, or other errors is limited to replacement with another Official Entry Code, while supplies last. If, through printing or production error or for any other reason whatsoever, more prizes are claimed for any prize category than intended and/or set forth in these Complete Official Rules, Sponsor reserves the right to award such prizes by random drawing from all eligible claimants for that prize level. If, for any reason, the sweepstakes is not capable of running as planned due to, but without limitation, tampering; unauthorized intervention; fraud; technical failures; or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes, and to draw winners from all eligible entries received as of the date of termination.

7. DISPUTES. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this sweepstakes, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive; incidental; or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this sweepstakes), and participant further waives all rights to have damages multiplied or increased.

8. WINNERS LIST. For the names of the First, Second, and Third Prize winners, www.monstertones.com/contests/nano-winners.html



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