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Boost Mobile ABRA-CA-Free-Phone Giveaway - Official Rules - NO PURCHASE NECESSARY - Entrants do not have to purchase any products to enter or win.
- Eligibility: The Boost Mobile ABRA-CA-FREE-PHONE-GIVEAWAY Sweepstakes (the "Sweepstakes") is open only to legal residents of the forty eight contiguous (48) United States and the District of Columbia (excluding Alaska, Hawaii and Puerto Rico) who are eighteen (18) years of age or older at the time of entry. Employees of Boost Mobile ("Sweepstake Entity and/or Sponsor") or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.
- Entry Period: The Sweepstakes begins on August 1, 2012 at 12:01 a.m. Eastern Standard Time ("EST") and ends on August 31, 2012 at 11:59 p.m. Eastern Standard Time EST (the "Sweepstakes Period"). The Sweepstakes consists of a Boost Mobile HTC EVO Design 4G smartphone giveaway with one month of no-contract Android Monthly Unlimited service.
- How to enter: To enter the Sweepstakes entrants must do the following: There are two ways to enter the Boost Mobile “ABRA-CA-FREE PHONE-GIVEAWAY” that will be in celebration of the XXL 15th Anniversary issue. (1) go to www.xxlmag.com/4genie and fill out the entry form to include your email address, first and last name, age and address (including zip code), age and day and evening telephone numbers (2) hand-print name, complete address (including zip code), age and day and evening telephone numbers and mail in an envelope with proper postage to XXL Magazine, Attn: Boost Mobile ABRA-CA-Free-Phone Giveaway: HTC EVO Design 4G Smartphone, 1115 Broadway, 8th floor, New York, NY 10010. All internet entries must be received between 12:01 AM Eastern Standard Time (“EST”) on August 1, 2012 and 11:59 PM Eastern Standard Time (“EST”) on August 31, 2012. All mailed entries must be postmarked by August 24, 2012 and received by August 31, 2012. Limit one entry per person, email, address or household. Sponsor is not responsible for lost, late, damaged, misdirected, illegible, incomplete or postage-due mail or entries. For mailed entries, no mechanically reproduced entries, alterations, facsimiles or forged entries. No automated entry devices and/or programs permitted. All entries become the property of Sponsor and will not be acknowledged or returned.
- Selection of Winner and Prize: Sweepstakes Entity will select four (4) winners in a random drawing of all eligible entries received during the entry Period. The odds of winning depend upon the number of eligible entries received during the respective Entry Period. The sponsor herein referred to as XXL ("Sponsor") will distribute the prizing to the four contest winners throughout the month of September. Winners will be notified via email and or telephone on or about September 5, 2012 and will be required to execute and return an Affidavit of Eligibility and Publicity/Liability Release so as to be received by sponsor within 2 days of notification, unless prohibited by law. Winner is subject to verification and may be required to provide proof of eligibility. If prize notification is returned as undeliverable, or winner does not execute and return the required affidavit and release so as to be received by Sponsor within 2 days of notification, prize will be forfeited and an alternate winner will be selected from all eligible entries received. Judges' decisions in all matters relating to this promotion will be final and binding.
- Prizes: Four (4) winners will receive a Boost Mobile HTC Evo Design $G smartphone with one month of no contract Android monthly unlimited service (one prize per winner) The approximate retail value of the package is $300.00. Total Approximate Retail Value of prize component: $355.00.
Prizes are non-transferable, non-assignable, and not redeemable for cash. Sweepstakes Entity, in their discretion, may substitute a prize (or prize component) of equal or greater value for any reason.
- General: By entering, all entrants agree to be bound by these Official Rules and by the decisions of the Sweepstakes Entity, which shall be final and binding. By entering the Sweepstakes, each entrant grants to Sweepstakes Entity the right to use entrant's name, likeness, image, voice, hometown, and biographical information in advertising, trade and promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. Prize winners may be required to execute an Affidavit of Eligibility, Publicity Consent, and Liability Release, where lawful, or prize may be forfeited.
If the potential prize winners are minors in his or her state of residence, his/her parent or legal guardian will be required to execute the Affidavit acknowledging, confirming and consenting to the Eligibility and/Publicity/Liability/Travel Release. If parent or guardian is unavailable to execute this Affidavit, an alternate winner will be selected. All taxes and any other expenses on the receipt and use of prize are solely the responsibility of the winner.
All information submitted by entrants in the Sweepstakes will be treated according to the sponsor's Privacy Policy, available at www.xxlmag.com/4genie. Except where prohibited, participation in the Sweepstakes constitutes an entrant's consent to the Sweepstakes Entity's use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. The use of automated entry devices or any other conduct that impedes the integrity of the Sweepstakes is prohibited. The Sweepstakes shall be construed only according to U.S laws. This Sweepstakes shall be governed by the laws of the state of New York without regard to its conflict of laws provision. Any dispute arising under or in relation to this Sweepstakes shall be resolved exclusively in the state and federal courts located in Manhattan, New York USA and each of the parties hereby irrevocably submits to the exclusive jurisdiction of such courts.
- Indemnification: By participating in the Sweepstakes, each entrant agrees to release, hold harmless and indemnify Boost Mobile and the Sponsor, and their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents against (the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes 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 Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes 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 Sweepstakes or receipt of any prize. Entrant further agrees that 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.
- Limitation of Liability, Warranty Disclaimer: 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 Sweepstakes, 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. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY RELEASED ENTITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF YOUR ENTRY INTO THE SWEEPSTAKES, EVEN IF ANY RELEASED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SWEEPSTAKES AND ANY RELATED MATERIALS, SERVICES AND WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTY BY ANY AWARDS ENTITIES, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT.
- General Administration: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sweepstakes Entity may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sweepstakes Entity 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 Sweepstakes 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 Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sweepstakes Entity reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sweepstakes Entity to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The "authorized account holder" is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- Winners' List and Official Rules: The names of the contest winners will be available after September 5, 2012 but not before August 31, 2012. Each entrant may request the names of winners and official rules by sending a self-addressed, stamped envelope by September 30, 2012 to: ABRA-CA-FREE-PHONE-GIVEAWAY c/o XXL Magazine, Harris Publications, 1115 Broadway, 8th floor, New York, NY 10010.
- Sponsor: Harris Publications, Inc. 1115 Broadway, 8th Floor, New York, NY 10010.
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