Handmade Mobile Entertainment Terms of Service
1. Terms of Service
THIS TERMS OF SERVICE (‘TERMS’) IS A LEGALLY BINDING AGREEMENT THAT GOVERNS EACH USER’S USE OF HANDMADE MOBILE ENTERTAINMENT’S (“HME”) CORPORATE WEBSITE AT HANDMADEMOBILE.COM (THE “WEBSITE”), OTHER WEBSITES OWNED OR CONTROLLED BY HME AND THROUGH ONLINE SERVICES AND APPLICATIONS THAT ENABLE THE MONETIZATION OF SOCIAL NETWORKING SITES (COLLECTIVELY, “SERVICES AND APPLICATIONS”). BY USING OR ACCESSING ANY OF OUR SERVICES AND APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY OF THE SERVICES AND APPLICATIONS. YOUR USE OF THE SERVICES AND APPLICATIONS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
2. Use and Access to Services and Applications
You retain ownership of your User Generated Content. If you post User Generated Content on the Services and Applications, you grant us a license to use, publicly perform, publicly display, reproduce and distribute your User Generated Content, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content, information, and material of any kind or nature and in any other manner of our choosing. By way of example only, we may display on the web or WAP site any portion of your User Generated Content (e.g., profile, photos). We have no obligation to pay any fees, charges or royalties for our use or exploitation of your User Generated Content. We reserve the right to delete your Posting in any manner we determine at any time. Notwithstanding the foregoing, we do not claim ownership, nor do we assume responsibility in any way, for your User Generated Content.
4. Code of Conduct
You agree to use the Services and Applications in accordance with the following code of conduct (‘Code of Conduct’) and that you will not:
5. Contact with Other Users
We do not screen users of the Services and Applications or take any responsibility for any user or any other person that you might contact through your use of the Services and Applications, and your dealings with such users or other persons are at your sole risk. Use your common sense and judgment, just as you do when you meet people at work, in public or in social settings. Recognize the possibility that other user’s information may be inaccurate or deceptive. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any meetings or other dealings you may have with any user or any other person that you might contact through your use of the Services and Applications.
6. Respecting the Rights of Others
Users must respect our Rights and the Rights of others. If you believe your or anyone’s Rights are being violated or infringed upon or someone is not complying with our Terms is violating the law, notify us. We reserve the right to terminate, deactivate and disable anyone’s access to any of our Services and Applications at any time, including anyone found infringing the Rights of others. It is our policy to remove User Generated Content that violates anyone’s Rights once we know about it and you can let us know by sending a message tocustomercare@handmademobile.com. For notices reporting alleged copyright infringement in the United States only, please go to the section ‘Notice and Procedure for Making Claims of Copyright Infringement’ below and follow the instructions. Subject to legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.
7. Our Proprietary Rights
We retain all proprietary rights and other Rights in HME and our Services and Applications. HME contains Rights including, without limitation, copyrighted materials, trademarks and other proprietary information of HME and its partners. You may not copy, modify, publish, transmit, distribute, perform, display or sell any such Rights or proprietary information.
8. Mobile Device Service
To use any of our Services and Applications on your Mobile Device, you must have a contract with a licensed wireless carrier or access to a wireless network through which we make our Services and Applications available. In the event you change or deactivate your Mobile Device number, you will update your account information on HME within 48 hours to ensure that our messages are not sent to the person who acquires your old number.
9. SMS Terms of Use
HME does not charge for SMS as a Standard Service although certain aspects of our Premium Service include SMS alerts which are paid in Credits and are subject to charges as described in paragraph 9 below. Regardless of whether a user receives SMS as a Standard Service and Application or Premium Service and Application from HME, other charges may apply from your wireless carrier. Please check your plan or with your wireless carrier to make sure. From time to time we may send you SMS texts and e-mails to communicate information or other news to you. Text messages are charged at standard message rates. To unsubscribe on e-mail, follow the ‘unsubscribe’ links. To unsubscribe from text messages, send any of the following: STOP, QUIT, CANCEL, END, UNSUBSCRIBE, and STOP ALL to 61016 (in USA) or 84500 (in UK).
10. Fees and Payments for Credits
While the Standard Services and Applications on HME is free for use on both web and Mobile Devices, additional data charges may apply for mobile users through their wireless carriers. If you would like to buy any Premium Services and Applications on HME, you do this with ‘Credits’. Credits are the HME currency you use to buy any Premium Services and Applications. You will be advised of the charge for the Credits before making payment and being billed. By purchasing Credits, HME is granting you a limited license right to you to utilize certain features of our product and service offering as allowed by HME. Credits do not have monetary value and are not redeemable for money at any time. HME may regulate, modify and/or eliminate Credits at any time at its discretion with no liability to you or to any third party from the exercise of such right. All payments must be made by you through a charge to your wireless carrier bill, PayPal account, credit or debit card. We do not accept cash, checks or any other payment form. You agree to pay all fees and charges incurred in connection with your Services and Applications (including any applicable taxes) at the rates in effect when the charges were incurred. If we do not receive payment from your wireless carrier, PayPal, credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by us. All charges and payments will appear as ‘Handmade Mobile Entertainment LLC’ on your statement. You won’t be able to cancel your order for Credits once we start to action your request. You agree that sale of Credits is final. No refunds will be given, except at our sole and absolute discretion. All Credits are forfeited if your account is terminated or suspended for any reason, in HME’s sole and absolute discretion. BETWEEN YOU AND HME, YOU, AND NOT HME, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY A THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
11. Rewards and Contests
From time to time we may offer members rewards or competition prizes. We reserve the right to amend, withdraw or refuse entry to any competition or reward scheme at our full discretion. The award of a prize or other reward is also at our discretion. Reward or prizes cannot be exchanged and have no cash value. Full terms and conditions for the competition or reward can be found on the profile page associated with the scheme.
12. Advertisers; Links to Other Sites
When we display of advertisements, marketing and promotional materials, URLs, hypertext links on our Services and Applications we aren’t endorsing them, nor do we have any obligation, responsibility or liability resulting from them. We do not have any responsibility for others, even if we have a marketing, advertising or other arrangement with them.
13. Disclaimer of Warranties; Limitation of Liabilities
WE TRY TO KEEP HME BUG FREE AND SAFE, BUT YOU EXPRESSLY AGREE THAT USE OF SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDMADE MOBILE ENTERTAINMENT LLC NOR ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, ‘HANDMADE MOBILE PARTIES’) WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE NOR ARE THE HANDMADE MOBILE PARTIES RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, HANDMADE MOBILE PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF OR ARISING FROM OUR SERVICES OR YOUR USE OF IT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES. IN SUCH CASES, HANDMADE MOBILE PARTIES’ LIABLITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification
You agree to defend us and the Handmade Mobile Parties against any and all demands, claims and actions resulting from a breach or violation of your agreement with us, actual or alleged violation of any law or regulation, infringement, misappropriation or violation of the rights of any other party (‘Claims’). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys’ fees) and expenses associated with all Claims. We reserve the right to assume the exclusive defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services and Applications.
15. Miscellaneous
Your agreement with us does not apply to services, transactions, activities or transactions and relationships you have with anyone else, nor does it cover your rights or responsibilities regarding third party Content or links that direct your browser to third parties, even if they appear on or are linked with our website. We simply aren’t responsible for them. If any term or condition of your agreement with us is considered illegal, invalid or unenforceable, this will not affect the rest of your agreement with us and even if we delay or fail to take action to enforce our rights, it doesn’t mean we are waiving any rights we have. If you have any claim or cause of action against us, regardless of the reason or type of claim, you may not file or start it more than 1 year after the date it first arose.
16. Notice and Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services and Applications in a way that may constitute copyright infringement, you may provide notice of your claim to HME’s Designated Agent listed below. For your notice to be effective, it must include the following information:
Under California Civil Code 1789.3 California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services and Applications, please send an e-mail to customercare@handmademobile.com. You may also contact us by writing to Handmade Mobile Entertainment LLC, 612 Howard Street, #100, San Francisco, CA 94105, Attn: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of the California Department of Consumer Affairs by mails at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Definitions
THIS TERMS OF SERVICE (‘TERMS’) IS A LEGALLY BINDING AGREEMENT THAT GOVERNS EACH USER’S USE OF HANDMADE MOBILE ENTERTAINMENT’S (“HME”) CORPORATE WEBSITE AT HANDMADEMOBILE.COM (THE “WEBSITE”), OTHER WEBSITES OWNED OR CONTROLLED BY HME AND THROUGH ONLINE SERVICES AND APPLICATIONS THAT ENABLE THE MONETIZATION OF SOCIAL NETWORKING SITES (COLLECTIVELY, “SERVICES AND APPLICATIONS”). BY USING OR ACCESSING ANY OF OUR SERVICES AND APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY OF THE SERVICES AND APPLICATIONS. YOUR USE OF THE SERVICES AND APPLICATIONS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
2. Use and Access to Services and Applications
- a) You may only use our Services and Applications for non-commercial personal use and your rights are not assignable or transferable. We shall treat your account information with respect for its confidential nature, and in accordance with our Privacy Policy. To view our Privacy Policy, click here.
- b) We will notify you of any modifications to these Terms by sending you a message informing you of a change in terms with a link to the Posting of the modified terms on the Website. You agree that you will, i) periodically check the website for updates to these Terms, and ii) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we Post them to the Website and that your continued use of the Services and Applications after such notice shall be deemed an acceptance of any changes.
- c) Your use of the Services and Applications is conditioned upon your compliance with these Terms. We, in our sole discretion, with or without prior notice, may freeze or terminate your Account Name, password or use of the Services and Applications for any reason, including, without limitation, if we believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
- d) You represent that you meet the age requirement for the particular Service and Application.
- e) Your user account name is designated as your e-mail address, Mobile Device number or any other unique identifier name/number that HME accepts (such as a Facebook login ID or a individual ID number assigned by a payment aggregator for wireless carriers) (‘Account Name’), depending on whether you initially signed up with us through the Website, other Services and Applications, your Mobile Device or an authorized application programming interface (API) link. Once your Account Name is set up, it’s fixed, but you can change the name you flirt under (your ‘Screen Name’) any time you like – the same goes for all other details in your profile. You can log into the Services and Applications using either your Account Name or your Screen Name, but if you change your Screen Name just remember when you next login.
- f) WHEN YOU USE ANY OF OUR MOBILE DEVICE SERVICES AND APPLICATIONS YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER FOR DATA COSTS AND SMS TEXT MESSAGES, DEPENDING ON WHETHER OR NOT YOUR WIRELESS PLAN INCLUDES THESE COSTS. YOUR AGREEMENT WITH THE WIRELESS CARRIERS DETAILS THE CHARGES THAT APPLY SO PLEASE CHECK WITH YOUR WIRELESS CARRIER TO MAKE SURE. WE ARE NEVER RESPONSIBLE FOR YOUR WIRELESS CARRIER CHARGES, EVEN IF THEY ARISE BECAUSE YOU USE OUR SERVICES AND APPLICATIONS.
- g) If you have registered for the Services and Applications to have HME distribute your content as a “Publisher”, the following terms and conditions also apply:
Publisher shall provide HME with images, materials, graphics and other content selected and owned by the Publisher (the “Publisher Content”) for use and distribution by HME. Publisher retains ownership of the Publisher Content, but Publisher hereby grants HME a worldwide, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, display and perform the Publisher Content in connection with the Services and Applications, though such license shall terminate within a commercially practicable period of time upon the termination by HME or Publisher of the Publisher Channels (defined herein). During the term hereof, Publisher agrees to actively and regularly use the Services and Applications as part of Publisher’s marketing and promotion activities and Publisher’s communication with its fans. The HME sponsored URL provided for Publisher’s use in connection with the parties’ relationship shall be referred to herein as the “Publisher Channels”.
HME shall have the right to promote Publisher’s use of the Services and Applications on HME’s website and other online and offline marketing channels. In addition, HME shall have the right to integrate advertising into Publisher’s text and/or voice broadcasts, messages or otherwise in connection with the Publisher’s Channels and the Services and Applications, subject to availability. For clarity, HME shall control all advertising, promotion and sponsorship opportunities on or in connection with the Services and Applications (which may include third party advertisements as well as advertisements related to the Services and Applications themselves), and HME shall determine all specifications for any such advertising campaign, including creative, impressions’ requirements and fees. Publisher shall have no right to independently sell, market or promote paid third party ads or sponsorships in connection with the Services and Applications (without the involvement of and approval by HME), and shall notify HME of any such opportunities that may arise, so that the parties may mutually determine the best method for leveraging such opportunities in connection with the Services and Applications. HME may use and authorize the use of Publisher’s name, approved likeness and biographical information in connection with the Publisher Channels and the Website. Subject to HME’s Privacy Policy as well as the applicable terms of the Mobile Marketing Association’s best practice guidelines, HME agrees to provide aggregate usage data to Publisher with respect to Publisher’s use of the Services and Applications.
If Publisher’s registration for any of the Services and Applications was or is being undertaken by an agent, publicist or other third party acting on the actual Publisher’s behalf (each, an “Agent”), then such Agent acknowledges and agrees that the registered Services and Applications account (the “Account”) is for the benefit of Publisher (i.e., the actual celebrity talent in this context) and that such Publisher is the owner of and shall otherwise (upon request to HME and verification of identity) control and have access to such Account. Further, in the event the Agent’s representation of or other affiliation with the Publisher ceases at any time, such Agent’s access to the Account may be terminated by HME and HME shall have no liability or obligation to Agent with respect thereto.
You retain ownership of your User Generated Content. If you post User Generated Content on the Services and Applications, you grant us a license to use, publicly perform, publicly display, reproduce and distribute your User Generated Content, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content, information, and material of any kind or nature and in any other manner of our choosing. By way of example only, we may display on the web or WAP site any portion of your User Generated Content (e.g., profile, photos). We have no obligation to pay any fees, charges or royalties for our use or exploitation of your User Generated Content. We reserve the right to delete your Posting in any manner we determine at any time. Notwithstanding the foregoing, we do not claim ownership, nor do we assume responsibility in any way, for your User Generated Content.
4. Code of Conduct
You agree to use the Services and Applications in accordance with the following code of conduct (‘Code of Conduct’) and that you will not:
- (a) bully, intimidate, abuse or harass any other user;
- (b) collect or store personally identifying information about other users for commercial or unlawful purposes;
- (c) impersonate any person or entity, employ misleading e-mail addresses or Mobile Device numbers or falsify information in any part of any communication;
- (d) reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- (e) solicit login information or access an account belonging to someone else;
- (f) use the Services and Applications in any commercial use, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- (g) use automated means, including spiders, robots, crawlers, or the like to download User Generated Content from any of the Services and Applications databases;
- (h) upload, Post or otherwise transmit any material that contains software viruses or other malicious code;
- (i) circumvent any security measures or any payment collection methods employed on any Services and Applications, or access any of the Services and Applications after your account or access has been terminated by us;
- (j) upload, Post or otherwise transmit any User Generated Content that infringes any Rights of any party;
- (k) Post or otherwise transmit any material that will violate any law, statute, ordinance, or regulation;
- (l) Post or otherwise transmit any material or User Generated Content that contains nudity or any other material that may, in our opinion and our opinion alone, be considered ‘adult’, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate.
5. Contact with Other Users
We do not screen users of the Services and Applications or take any responsibility for any user or any other person that you might contact through your use of the Services and Applications, and your dealings with such users or other persons are at your sole risk. Use your common sense and judgment, just as you do when you meet people at work, in public or in social settings. Recognize the possibility that other user’s information may be inaccurate or deceptive. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any meetings or other dealings you may have with any user or any other person that you might contact through your use of the Services and Applications.
6. Respecting the Rights of Others
Users must respect our Rights and the Rights of others. If you believe your or anyone’s Rights are being violated or infringed upon or someone is not complying with our Terms is violating the law, notify us. We reserve the right to terminate, deactivate and disable anyone’s access to any of our Services and Applications at any time, including anyone found infringing the Rights of others. It is our policy to remove User Generated Content that violates anyone’s Rights once we know about it and you can let us know by sending a message tocustomercare@handmademobile.com. For notices reporting alleged copyright infringement in the United States only, please go to the section ‘Notice and Procedure for Making Claims of Copyright Infringement’ below and follow the instructions. Subject to legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.
7. Our Proprietary Rights
We retain all proprietary rights and other Rights in HME and our Services and Applications. HME contains Rights including, without limitation, copyrighted materials, trademarks and other proprietary information of HME and its partners. You may not copy, modify, publish, transmit, distribute, perform, display or sell any such Rights or proprietary information.
8. Mobile Device Service
To use any of our Services and Applications on your Mobile Device, you must have a contract with a licensed wireless carrier or access to a wireless network through which we make our Services and Applications available. In the event you change or deactivate your Mobile Device number, you will update your account information on HME within 48 hours to ensure that our messages are not sent to the person who acquires your old number.
9. SMS Terms of Use
HME does not charge for SMS as a Standard Service although certain aspects of our Premium Service include SMS alerts which are paid in Credits and are subject to charges as described in paragraph 9 below. Regardless of whether a user receives SMS as a Standard Service and Application or Premium Service and Application from HME, other charges may apply from your wireless carrier. Please check your plan or with your wireless carrier to make sure. From time to time we may send you SMS texts and e-mails to communicate information or other news to you. Text messages are charged at standard message rates. To unsubscribe on e-mail, follow the ‘unsubscribe’ links. To unsubscribe from text messages, send any of the following: STOP, QUIT, CANCEL, END, UNSUBSCRIBE, and STOP ALL to 61016 (in USA) or 84500 (in UK).
10. Fees and Payments for Credits
While the Standard Services and Applications on HME is free for use on both web and Mobile Devices, additional data charges may apply for mobile users through their wireless carriers. If you would like to buy any Premium Services and Applications on HME, you do this with ‘Credits’. Credits are the HME currency you use to buy any Premium Services and Applications. You will be advised of the charge for the Credits before making payment and being billed. By purchasing Credits, HME is granting you a limited license right to you to utilize certain features of our product and service offering as allowed by HME. Credits do not have monetary value and are not redeemable for money at any time. HME may regulate, modify and/or eliminate Credits at any time at its discretion with no liability to you or to any third party from the exercise of such right. All payments must be made by you through a charge to your wireless carrier bill, PayPal account, credit or debit card. We do not accept cash, checks or any other payment form. You agree to pay all fees and charges incurred in connection with your Services and Applications (including any applicable taxes) at the rates in effect when the charges were incurred. If we do not receive payment from your wireless carrier, PayPal, credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by us. All charges and payments will appear as ‘Handmade Mobile Entertainment LLC’ on your statement. You won’t be able to cancel your order for Credits once we start to action your request. You agree that sale of Credits is final. No refunds will be given, except at our sole and absolute discretion. All Credits are forfeited if your account is terminated or suspended for any reason, in HME’s sole and absolute discretion. BETWEEN YOU AND HME, YOU, AND NOT HME, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY A THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
11. Rewards and Contests
From time to time we may offer members rewards or competition prizes. We reserve the right to amend, withdraw or refuse entry to any competition or reward scheme at our full discretion. The award of a prize or other reward is also at our discretion. Reward or prizes cannot be exchanged and have no cash value. Full terms and conditions for the competition or reward can be found on the profile page associated with the scheme.
12. Advertisers; Links to Other Sites
When we display of advertisements, marketing and promotional materials, URLs, hypertext links on our Services and Applications we aren’t endorsing them, nor do we have any obligation, responsibility or liability resulting from them. We do not have any responsibility for others, even if we have a marketing, advertising or other arrangement with them.
13. Disclaimer of Warranties; Limitation of Liabilities
WE TRY TO KEEP HME BUG FREE AND SAFE, BUT YOU EXPRESSLY AGREE THAT USE OF SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDMADE MOBILE ENTERTAINMENT LLC NOR ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, ‘HANDMADE MOBILE PARTIES’) WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE NOR ARE THE HANDMADE MOBILE PARTIES RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, HANDMADE MOBILE PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF OR ARISING FROM OUR SERVICES OR YOUR USE OF IT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES. IN SUCH CASES, HANDMADE MOBILE PARTIES’ LIABLITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification
You agree to defend us and the Handmade Mobile Parties against any and all demands, claims and actions resulting from a breach or violation of your agreement with us, actual or alleged violation of any law or regulation, infringement, misappropriation or violation of the rights of any other party (‘Claims’). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys’ fees) and expenses associated with all Claims. We reserve the right to assume the exclusive defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services and Applications.
15. Miscellaneous
Your agreement with us does not apply to services, transactions, activities or transactions and relationships you have with anyone else, nor does it cover your rights or responsibilities regarding third party Content or links that direct your browser to third parties, even if they appear on or are linked with our website. We simply aren’t responsible for them. If any term or condition of your agreement with us is considered illegal, invalid or unenforceable, this will not affect the rest of your agreement with us and even if we delay or fail to take action to enforce our rights, it doesn’t mean we are waiving any rights we have. If you have any claim or cause of action against us, regardless of the reason or type of claim, you may not file or start it more than 1 year after the date it first arose.
16. Notice and Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services and Applications in a way that may constitute copyright infringement, you may provide notice of your claim to HME’s Designated Agent listed below. For your notice to be effective, it must include the following information:
- (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) a description of the copyrighted work that you claim has been infringed upon;
- (c) a description of where the material that you claim is infringing is located on HME;
- (d) information reasonably sufficient to permit HME to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (f) statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive Right that is allegedly infringed. HME’s Designated Agent is: Handmade Mobile Entertainment LLC, 612 Howard Street, #100, San Francisco, CA 94105, Attn: Intellectual Property Agent.
Under California Civil Code 1789.3 California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services and Applications, please send an e-mail to customercare@handmademobile.com. You may also contact us by writing to Handmade Mobile Entertainment LLC, 612 Howard Street, #100, San Francisco, CA 94105, Attn: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of the California Department of Consumer Affairs by mails at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Definitions
- a) ‘Content’ means any and all content such as audio, video, audio-visual, text, graphics, artwork, illustrations, photographs, images, animations, data, designs, messages, chats, profile information, correspondence, comments, ideas and opinions.
- b) ‘Mobile Device’ means and refers to mobile or cell phones, wireless or other devices, even if they do other things besides send and receive voice, text, data, Content or other types of communication and ‘wireless carrier’ refers to the services provider with whom you have an agreement to provide you with Mobile Device services.
- c) ‘Post’ means and refers to the information and anything else you make available, submit, provide, exchange, transmit, communicate or share using our Services and Applications (e.g., Content, flirtlinks, backstage passes, banner ads).
- d) ‘Premium Services and Applications’ means any and all services on HME which are paid for using Credits, such as ‘Whos rated me’, ‘Delete my freak’ and advertise yourself on ‘Look at me’ and virtual gifts.
- e) ‘Rights’ means our patent, trademark, trade dress, trade name, service mark, trade secret, copyright or other proprietary rights, whether or not legally protectable, including the selection, sequence, look and feel and arrangement of any components or aspects of the Services and Applications.
- f) ‘Standard Services and Applications’ means any and all services on HME which are without charge such as creating a profile, adding User Generated Content, performing basic searches and chatting with other users.
- g) ‘us’, ‘we’ and ‘our’ or ‘HME’ means and refers to Handmade Mobile Entertainment LLC (d/b/a HME).
- h) ‘user’ means and refers to individuals who enroll by providing us information about themselves in order to obtain access to the Services and Applications.
- i) ‘User Generated Content’ refers to Content you Post (or that is Posted using your Account Name or Screen Name). We don’t claim ownership of (nor undertake responsibility for) User Generated Content.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
All Sweepstakes allow contestants to take certain actions within the Handmade Mobile Entertainment social networks and applications (the “Submission”) for the chance to win a prize. As a condition of participating in the Handmade Mobile Entertainment Sweepstakes (the "Sweepstakes"), contestant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Handmade Mobile Entertainment (the “Sponsor”), whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
1. ELIGIBILITY
The Sweepstakes is open to all legal residents of the fifty (50) United States and District of Columbia ("D.C."), who are eighteen (18) years of age or older at time of entry. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Directors, officers, employees, contractors, agents or representatives of Sponsor and/or its affiliate companies, as well as the immediate family of such employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as these employees, whether related or not, are not eligible to enter or win.
2. HOW TO ENTER
The Angel Network: 4/12 Los Angeles Concert Ticket Giveaway
The Angel Network: 5/9 San Francisco Concert Ticket Giveaway
The Angel Network: 6/8 Seattle Concert Ticket Giveaway
The Angel Network: 4/12 Los Angeles Concert Ticket Giveaway
Sweepstake will start at 12:01 am PST on April 1, 2013 and end at 12:01 am PST on April 10, 2013 (the “Sweepstakes Period”).
There are two (2) ways to enter the Sweepstakes:
Registered users of the Sponsor will receive notification of the Sweepstakes via the app or website of the Sponsor, and must send a message to Trey Songz on The Angel Network, and include their real name, phone number and city of show.
Alternatively, if you do not wish to submit a Submission, visit Sponsor’s website for an alternate entry form. Complete the registration page with your name, address, phone number, and email address and click "submit" button and you will automatically receive one (1) entry to the Sweepstakes. The registration page must be completely filled out to constitute an eligible entry. Use of any automated entry software is prohibited.
The Angel Network: 5/9 San Francisco Concert Ticket Giveaway
Sweepstake will start at 10:00 am PST on April 10, 2013 and end at 00:01 am PST on April 25, 2013 (the “Sweepstakes Period”). There are two (2) ways to enter the Sweepstakes:
Registered users of the Sponsor will receive notification of the Sweepstakes via the app or website of the Sponsor, and must send a message to Trey Songz on The Angel Network, and include their real name, phone number and city of show.
Alternatively, if you do not wish to submit a Submission, visit Sponsor’s website for an alternate entry form. Complete the registration page with your name, address, phone number, and email address and click "submit" button and you will automatically receive one (1) entry to the Sweepstakes. The registration page must be completely filled out to constitute an eligible entry. Use of any automated entry software is prohibited.
The Angel Network: 6/8 Seattle Concert Ticket Giveaway
Sweepstake will start at 01:00 pm PST on May 10, 2013 and end at 00:01 am PST on May 13, 2013 (the “Sweepstakes Period”). There are two (2) ways to enter the Sweepstakes:
Registered users of the Sponsor will receive notification of the Sweepstakes via the app or website of the Sponsor, and must send a message to Trey Songz on The Angel Network, and include their real name, phone number and city of show.
Alternatively, if you do not wish to submit a Submission, visit Sponsor’s website for an alternate entry form. Complete the registration page with your name, address, phone number, and email address and click "submit" button and you will automatically receive one (1) entry to the Sweepstakes. The registration page must be completely filled out to constitute an eligible entry. Use of any automated entry software is prohibited.
The time period for submitting your Submission or entry is during the Sweepstakes Period. Entries must be initiated during the applicable Sweepstakes Period. In the event of a dispute over who submitted the winning entry, the Authorized User who participated in the Sweepstakes at the actual time of entry will be deemed to be the contestant. The “Authorized User” is defined as the natural person who is assigned the User Profile through which membership with Sponsor was made.
3. CONTESTANT’S SUBMISSION
By entering the Sweepstakes, contestant hereby grants to Sponsor the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivate works of, and distribute and synchronize in time related to visual elements, the materials contained in the Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity. Sponsor is under no obligation to use the Submission for any purpose.
Submissions shall not contain, include or involve any of the following: defamatory, obscenity; crude, vulgar or offensive language; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others; illegal (e.g., discriminatory, harassing, illegal drug abuse) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); conduct or activities in violation of these Official Rules; any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion. Submissions must not infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including, but not limited to, claims for re-use fees or residuals.
All Submissions shall be retained by the Sponsor and will not be returned.
4. WINNER SELECTION PROCESS
One (1) winner will be selected as described below:
After the conclusion of the Sweepstakes Period, the winning Submission will be selected at random from all eligible Submissions.
5. PRIZE
The Angel Network: 4/12 Los Angeles Concert Ticket Giveaway
The winner will be awarded 2 concert tickets plus $400 in cash. Approx. Retail Value of the prize is ("ARV"): $500.
6. ODDS OF WINNING
The odds of winning will depend on the number of eligible entries received during the Sweepstakes Period.
7. WINNERS NOTIFICATION
The winner will be notified via the Sponsor’s app and notification will be posted on the applicable social network site operated by Sponsor no later than two days after the Sweepstakes Period has closed. The winner must respond to Sponsor and confirm acceptance of the prize, otherwise the prize will be forfeited and, at Sponsor’s sole discretion, awarded to an alternate winner.
A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. A CONTESTANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL CONTESTANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
The winner may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize.
The winner is responsible for the payment of his/her taxes on the prize. Any required tax reporting forms will be furnished to the IRS.
In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's discretion.
8. NAME OF WINNER
To obtain the names of the winner, any person may mail a self-addressed, stamped envelope after the Sweepstakes to: Handmade Mobile Entertainment, 1530 7th Street, Suite 100, Santa Monica, California 90401. Requests must be received no later than 90 days after the last day of the Sweepstakes or promotion.
9. PUBLICITY
By entering the Sweepstakes, and as a condition of participating in the Sweepstakes, contestant agrees to allow Sponsor and its designees to use contestant’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
CONTESTANT FURTHER ACKNOWLEDGES THAT IF CONTESTANT IS CHOSEN AS THE WINNER, CONTESTANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING CONTESTANT’S NAME ON A WINNERS' LIST.
BY ENTERING THIS SWEEPSTAKES, CONTESTANT ACKNOWLEDGES AND AGREES THAT CONTESTANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF SERVICE.
10. DISCLAIMER AND LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the transmission of Submissions, notification or correspondence, the processing of Submissions, the announcement of the prize or in any Sweepstakes related materials; (2) technical failures of any kinds; (3) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (4) technical or human error that may occur in the administration of the Sweepstakes, the sending of Submissions or the processing of Submissions; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from contestant's participation in the Sweepstakes or receipt or use of the prize. Proof of sending will not be deemed to be proof of receipt by Sponsor. If for any reason a contestant's Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, contestant's sole remedy is to submit another Submission in the Sweepstakes. Sponsor may rescind any Submission found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in any of the Sweepstakes, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Sweepstakes, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's telephone or other wireless device relating to or resulting from participation in the Sweepstakes, or inability to access any telephone service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
As a condition of participating in the Sweepstakes, contestant agrees that (1) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees. Sponsor reserves the right to modify prize award procedures.
If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prize using all eligible, non-suspect entries received for the applicable drawing as of the termination date.
ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW.
11. ARBITRATION AND DISPUTES
As a condition of participating in the Sweepstakes, contestant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, then effective and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between contestant and Sponsor. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. Further, in any such dispute, under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or contestant’s rights and obligations or Sponsor's rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the State of California in the City of Los Angeles.
12. SPONSOR
The Sponsor of the Sweepstakes is Handmade Mobile Entertainment 1530 7th Street, suite 100, Santa Monica, California 90401.
13. CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise You that (a) this website is a service provided by Handmade Mobile Entertainment, 1530 7th Street, suite 100, Santa Monica, California 90401, telephone number (310) 667-6980 and (b) Sponsor provides the right to institute fees or charges, effective on reasonable notice to the Terms of Service. If You have a complaint regarding the Sweepstakes or desire further information on the Sweepstakes, contact by telephone at (310) 667-6980. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. You have not yet won the prize. The actual odds of winning the prize will depend upon the total number of eligible entries received. All entries must be received February 14th 2013 to be eligible. Contests ends 11:59 PM PST February 14th, 2013. See Official Rules above for complete prize restrictions. Sponsored by Handmade Mobile Entertainment, 1530 7th Street, suite 100, Santa Monica, California 90401.
You have not yet won the prize. The actual odds of winning the prize will depend upon the total number of eligible entries received.
All Sweepstakes allow contestants to take certain actions within the Handmade Mobile Entertainment social networks and applications (the “Submission”) for the chance to win a prize. As a condition of participating in the Handmade Mobile Entertainment Sweepstakes (the "Sweepstakes"), contestant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Handmade Mobile Entertainment (the “Sponsor”), whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
1. ELIGIBILITY
The Sweepstakes is open to all legal residents of the fifty (50) United States and District of Columbia ("D.C."), who are eighteen (18) years of age or older at time of entry. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Directors, officers, employees, contractors, agents or representatives of Sponsor and/or its affiliate companies, as well as the immediate family of such employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as these employees, whether related or not, are not eligible to enter or win.
2. HOW TO ENTER
The Angel Network: 4/12 Los Angeles Concert Ticket Giveaway
The Angel Network: 5/9 San Francisco Concert Ticket Giveaway
The Angel Network: 6/8 Seattle Concert Ticket Giveaway
The Angel Network: 4/12 Los Angeles Concert Ticket Giveaway
Sweepstake will start at 12:01 am PST on April 1, 2013 and end at 12:01 am PST on April 10, 2013 (the “Sweepstakes Period”).
There are two (2) ways to enter the Sweepstakes:
Registered users of the Sponsor will receive notification of the Sweepstakes via the app or website of the Sponsor, and must send a message to Trey Songz on The Angel Network, and include their real name, phone number and city of show.
Alternatively, if you do not wish to submit a Submission, visit Sponsor’s website for an alternate entry form. Complete the registration page with your name, address, phone number, and email address and click "submit" button and you will automatically receive one (1) entry to the Sweepstakes. The registration page must be completely filled out to constitute an eligible entry. Use of any automated entry software is prohibited.
The Angel Network: 5/9 San Francisco Concert Ticket Giveaway
Sweepstake will start at 10:00 am PST on April 10, 2013 and end at 00:01 am PST on April 25, 2013 (the “Sweepstakes Period”). There are two (2) ways to enter the Sweepstakes:
Registered users of the Sponsor will receive notification of the Sweepstakes via the app or website of the Sponsor, and must send a message to Trey Songz on The Angel Network, and include their real name, phone number and city of show.
Alternatively, if you do not wish to submit a Submission, visit Sponsor’s website for an alternate entry form. Complete the registration page with your name, address, phone number, and email address and click "submit" button and you will automatically receive one (1) entry to the Sweepstakes. The registration page must be completely filled out to constitute an eligible entry. Use of any automated entry software is prohibited.
The Angel Network: 6/8 Seattle Concert Ticket Giveaway
Sweepstake will start at 01:00 pm PST on May 10, 2013 and end at 00:01 am PST on May 13, 2013 (the “Sweepstakes Period”). There are two (2) ways to enter the Sweepstakes:
Registered users of the Sponsor will receive notification of the Sweepstakes via the app or website of the Sponsor, and must send a message to Trey Songz on The Angel Network, and include their real name, phone number and city of show.
Alternatively, if you do not wish to submit a Submission, visit Sponsor’s website for an alternate entry form. Complete the registration page with your name, address, phone number, and email address and click "submit" button and you will automatically receive one (1) entry to the Sweepstakes. The registration page must be completely filled out to constitute an eligible entry. Use of any automated entry software is prohibited.
The time period for submitting your Submission or entry is during the Sweepstakes Period. Entries must be initiated during the applicable Sweepstakes Period. In the event of a dispute over who submitted the winning entry, the Authorized User who participated in the Sweepstakes at the actual time of entry will be deemed to be the contestant. The “Authorized User” is defined as the natural person who is assigned the User Profile through which membership with Sponsor was made.
3. CONTESTANT’S SUBMISSION
By entering the Sweepstakes, contestant hereby grants to Sponsor the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivate works of, and distribute and synchronize in time related to visual elements, the materials contained in the Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity. Sponsor is under no obligation to use the Submission for any purpose.
Submissions shall not contain, include or involve any of the following: defamatory, obscenity; crude, vulgar or offensive language; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others; illegal (e.g., discriminatory, harassing, illegal drug abuse) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); conduct or activities in violation of these Official Rules; any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion. Submissions must not infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including, but not limited to, claims for re-use fees or residuals.
All Submissions shall be retained by the Sponsor and will not be returned.
4. WINNER SELECTION PROCESS
One (1) winner will be selected as described below:
After the conclusion of the Sweepstakes Period, the winning Submission will be selected at random from all eligible Submissions.
5. PRIZE
The Angel Network: 4/12 Los Angeles Concert Ticket Giveaway
The winner will be awarded 2 concert tickets plus $400 in cash. Approx. Retail Value of the prize is ("ARV"): $500.
6. ODDS OF WINNING
The odds of winning will depend on the number of eligible entries received during the Sweepstakes Period.
7. WINNERS NOTIFICATION
The winner will be notified via the Sponsor’s app and notification will be posted on the applicable social network site operated by Sponsor no later than two days after the Sweepstakes Period has closed. The winner must respond to Sponsor and confirm acceptance of the prize, otherwise the prize will be forfeited and, at Sponsor’s sole discretion, awarded to an alternate winner.
A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. A CONTESTANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL CONTESTANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
The winner may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize.
The winner is responsible for the payment of his/her taxes on the prize. Any required tax reporting forms will be furnished to the IRS.
In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's discretion.
8. NAME OF WINNER
To obtain the names of the winner, any person may mail a self-addressed, stamped envelope after the Sweepstakes to: Handmade Mobile Entertainment, 1530 7th Street, Suite 100, Santa Monica, California 90401. Requests must be received no later than 90 days after the last day of the Sweepstakes or promotion.
9. PUBLICITY
By entering the Sweepstakes, and as a condition of participating in the Sweepstakes, contestant agrees to allow Sponsor and its designees to use contestant’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
CONTESTANT FURTHER ACKNOWLEDGES THAT IF CONTESTANT IS CHOSEN AS THE WINNER, CONTESTANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING CONTESTANT’S NAME ON A WINNERS' LIST.
BY ENTERING THIS SWEEPSTAKES, CONTESTANT ACKNOWLEDGES AND AGREES THAT CONTESTANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF SERVICE.
10. DISCLAIMER AND LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the transmission of Submissions, notification or correspondence, the processing of Submissions, the announcement of the prize or in any Sweepstakes related materials; (2) technical failures of any kinds; (3) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (4) technical or human error that may occur in the administration of the Sweepstakes, the sending of Submissions or the processing of Submissions; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from contestant's participation in the Sweepstakes or receipt or use of the prize. Proof of sending will not be deemed to be proof of receipt by Sponsor. If for any reason a contestant's Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, contestant's sole remedy is to submit another Submission in the Sweepstakes. Sponsor may rescind any Submission found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in any of the Sweepstakes, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Sweepstakes, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's telephone or other wireless device relating to or resulting from participation in the Sweepstakes, or inability to access any telephone service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
As a condition of participating in the Sweepstakes, contestant agrees that (1) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees. Sponsor reserves the right to modify prize award procedures.
If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prize using all eligible, non-suspect entries received for the applicable drawing as of the termination date.
ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW.
11. ARBITRATION AND DISPUTES
As a condition of participating in the Sweepstakes, contestant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, then effective and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between contestant and Sponsor. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. Further, in any such dispute, under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or contestant’s rights and obligations or Sponsor's rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the State of California in the City of Los Angeles.
12. SPONSOR
The Sponsor of the Sweepstakes is Handmade Mobile Entertainment 1530 7th Street, suite 100, Santa Monica, California 90401.
13. CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise You that (a) this website is a service provided by Handmade Mobile Entertainment, 1530 7th Street, suite 100, Santa Monica, California 90401, telephone number (310) 667-6980 and (b) Sponsor provides the right to institute fees or charges, effective on reasonable notice to the Terms of Service. If You have a complaint regarding the Sweepstakes or desire further information on the Sweepstakes, contact by telephone at (310) 667-6980. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. You have not yet won the prize. The actual odds of winning the prize will depend upon the total number of eligible entries received. All entries must be received February 14th 2013 to be eligible. Contests ends 11:59 PM PST February 14th, 2013. See Official Rules above for complete prize restrictions. Sponsored by Handmade Mobile Entertainment, 1530 7th Street, suite 100, Santa Monica, California 90401.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won the prize. The actual odds of winning the prize will depend upon the total number of eligible entries received.
Handmade Mobile Entertainment Official Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
All Contests allow contestants to take certain actions within the Handmade Mobile Entertainment social networks and applications (the “Submission”) for the chance to win a prize. As a condition of participating in the Handmade Mobile Entertainment Contest (the "Contest"), contestant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Handmade Mobile Entertainment (the “Sponsor”), whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Contest or these Official Rules.
1. ELIGIBILITY
The Contest is open to all legal residents of the fifty (50) United States and District of Columbia ("D.C."), who are eighteen (18) years of age or older at time of entry. The Contest is subject to all applicable federal, state and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Directors, officers, employees, contractors, agents or representatives of Sponsor and/or its affiliate companies, as well as the immediate family of such employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as these employees, whether related or not, are not eligible to enter or win.
2. HOW TO ENTER
The Angel Network: Meet Trey at Wireless Festival
The Angel Network: Meet Trey at Wireless Festival
Contest will start at 12:00 noon PST on May 16, 2013 and end at 9:00 pm PST on May 24, 2013 (the “Contest Period”).
To enter the Contest:
Registered users of the Sponsor will receive notification of the Contest via the app or website of the Sponsor. Users will send and receive a gift to gain entry into the competition. Afterwards, every gift received will be counted as 1 entry.
The time period for submitting your Submission or entry is during the Contest Period.
Entries must be initiated during the applicable Contest Period.
In the event of a dispute over who submitted the winning entry, the Authorized User who participated in the Contest at the actual time of entry will be deemed to be the contestant. The “Authorized User” is defined as the natural person who is assigned the User Profile through which membership with Sponsor was made.
3. CONTESTANT’S SUBMISSION
By entering a Contest, contestant hereby grants to Sponsor the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivate works of, and distribute and synchronize in time related to visual elements, the materials contained in the Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity. Sponsor is under no obligation to use the Submission for any purpose.
Submissions shall not contain, include or involve any of the following: defamatory, obscenity; crude, vulgar or offensive language; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others; illegal (e.g., discriminatory, harassing, illegal drug abuse) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); conduct or activities in violation of these Official Rules; any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion. Submissions must not infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including, but not limited to, claims for re-use fees or residuals.
All Submissions shall be retained by and become the property of the Sponsor and will not be returned.
4. WINNER SELECTION PROCESS
The Angel Network: Meet Trey at Wireless Festival
One (1) winner will be selected as described below:
1 entry will be randomly selected from the pool of entries. The winner associated with the winning entry is deemed winner.
5. PRIZE
The Angel Network: Meet Trey at Wireless Festival
The winner selected from Trey Songz will be awarded 2 pairs of tickets to Wireless Festival in the UK, 1 meet and greet with Trey Songz, and $1000 US cash prize. Approx. Retail Value of the prizes is ("ARV"): $2000.
All expenses associated with the acceptance and use of the prize not specifically described above, including, without limitation, batteries, music players, and other souvenirs and other expenses incurred are the sole responsibility of the winners.
The prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. Prizes are not transferable. No prize substitution is allowed except at the discretion of Sponsor.
6. ODDS OF WINNING
The odds of winning will depend on the number of eligible entries received during the Contest Period.
7. WINNERS NOTIFICATION
The winner will be notified via the Sponsor’s app and notification will be posted on the applicable social network site operated by Sponsor no later than two days after the Contest Period has closed. The winner must respond to Sponsor and confirm acceptance of the prize, otherwise the prize will be forfeited and, at Sponsor’s sole discretion, awarded to an alternate winner.
A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. A CONTESTANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL CONTESTANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
The winner may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize.
The winner is responsible for the payment of his/her taxes on the prize. Any required tax reporting forms will be furnished to the IRS.
In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's discretion.
8. NAME OF WINNER
To obtain the names of the winner, any person may mail a self-addressed, stamped envelope after the Contest to: Handmade Mobile Entertainment, 1530 7th Street, Suite 100, Santa Monica, California 90401. Requests must be received no later than 90 days after the last day of the Contest or promotion.
9. PUBLICITY
By entering the Contest, and as a condition of participating in the Contest, contestant agrees to allow Sponsor and its designees to use contestant’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
CONTESTANT FURTHER ACKNOWLEDGES THAT IF CONTESTANT IS CHOSEN AS THE WINNER, CONTESTANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING CONTESTANT’S NAME ON A WINNERS' LIST.
BY ENTERING THIS CONTEST, CONTESTANT ACKNOWLEDGES AND AGREES THAT CONTESTANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF SERVICE.
As a condition of participating in any of the Contest, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contest, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's telephone or other wireless device relating to or resulting from participation in the Contest, or inability to access any telephone service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
10. DISCLAIMER AND LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the transmission of Submissions, notification or correspondence, the processing of Submissions, the announcement of the prize or in any Contest related materials; (2) technical failures of any kinds; (3) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (4) technical or human error that may occur in the administration of the Contest, the sending of Submissions or the processing of Submissions; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from contestant's participation in the Contest or receipt or use of the prize. Proof of sending will not be deemed to be proof of receipt by Sponsor. If for any reason a contestant's Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, contestant's sole remedy is to submit another Submission in the Contest. Sponsor may rescind any Submission found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in any of the Contest, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contest, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's telephone or other wireless device relating to or resulting from participation in the Contest, or inability to access any telephone service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
As a condition of participating in the Contest, contestant agrees that (1) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with the Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees. Sponsor reserves the right to modify prize award procedures.
If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest and conduct a random drawing to award the prize using all eligible, non-suspect entries received for the applicable drawing as of the termination date.
ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW.
11. ARBITRATION AND DISPUTES
As a condition of participating in the Contest, contestant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Contest, or any prize awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, then effective and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between contestant and Sponsor. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. Further, in any such dispute, under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or contestant’s rights and obligations or Sponsor's rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the State of California in the City of Los Angeles.
12. SPONSOR
The Sponsor of the Contest is Handmade Mobile Entertainment 1530 7th Street, suite 100, Santa Monica, California 90401.
13. CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise You that (a) this website is a service provided by Handmade Mobile Entertainment, 1530 7th Street, suite 100, Santa Monica, California 90401, telephone number (310) 667-6980 and (b) Sponsor provides the right to institute fees or charges, effective on reasonable notice to the Terms of Service. If You have a complaint regarding the Contest or desire further information on the Contest, contact by telephone at (310) 667-6980. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
You have not yet won the prize. The actual odds of winning the prize will depend upon the total number of eligible entries received.
1. ELIGIBILITY
The Contest is open to all legal residents of the fifty (50) United States and District of Columbia ("D.C."), who are eighteen (18) years of age or older at time of entry. The Contest is subject to all applicable federal, state and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Directors, officers, employees, contractors, agents or representatives of Sponsor and/or its affiliate companies, as well as the immediate family of such employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as these employees, whether related or not, are not eligible to enter or win.
2. HOW TO ENTER
The Angel Network: Meet Trey at Wireless Festival
The Angel Network: Meet Trey at Wireless Festival
Contest will start at 12:00 noon PST on May 16, 2013 and end at 9:00 pm PST on May 24, 2013 (the “Contest Period”).
To enter the Contest:
Registered users of the Sponsor will receive notification of the Contest via the app or website of the Sponsor. Users will send and receive a gift to gain entry into the competition. Afterwards, every gift received will be counted as 1 entry.
The time period for submitting your Submission or entry is during the Contest Period.
Entries must be initiated during the applicable Contest Period.
In the event of a dispute over who submitted the winning entry, the Authorized User who participated in the Contest at the actual time of entry will be deemed to be the contestant. The “Authorized User” is defined as the natural person who is assigned the User Profile through which membership with Sponsor was made.
3. CONTESTANT’S SUBMISSION
By entering a Contest, contestant hereby grants to Sponsor the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivate works of, and distribute and synchronize in time related to visual elements, the materials contained in the Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity. Sponsor is under no obligation to use the Submission for any purpose.
Submissions shall not contain, include or involve any of the following: defamatory, obscenity; crude, vulgar or offensive language; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others; illegal (e.g., discriminatory, harassing, illegal drug abuse) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); conduct or activities in violation of these Official Rules; any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion. Submissions must not infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including, but not limited to, claims for re-use fees or residuals.
All Submissions shall be retained by and become the property of the Sponsor and will not be returned.
4. WINNER SELECTION PROCESS
The Angel Network: Meet Trey at Wireless Festival
One (1) winner will be selected as described below:
1 entry will be randomly selected from the pool of entries. The winner associated with the winning entry is deemed winner.
5. PRIZE
The Angel Network: Meet Trey at Wireless Festival
The winner selected from Trey Songz will be awarded 2 pairs of tickets to Wireless Festival in the UK, 1 meet and greet with Trey Songz, and $1000 US cash prize. Approx. Retail Value of the prizes is ("ARV"): $2000.
All expenses associated with the acceptance and use of the prize not specifically described above, including, without limitation, batteries, music players, and other souvenirs and other expenses incurred are the sole responsibility of the winners.
The prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. Prizes are not transferable. No prize substitution is allowed except at the discretion of Sponsor.
6. ODDS OF WINNING
The odds of winning will depend on the number of eligible entries received during the Contest Period.
7. WINNERS NOTIFICATION
The winner will be notified via the Sponsor’s app and notification will be posted on the applicable social network site operated by Sponsor no later than two days after the Contest Period has closed. The winner must respond to Sponsor and confirm acceptance of the prize, otherwise the prize will be forfeited and, at Sponsor’s sole discretion, awarded to an alternate winner.
A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. A CONTESTANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL CONTESTANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
The winner may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize.
The winner is responsible for the payment of his/her taxes on the prize. Any required tax reporting forms will be furnished to the IRS.
In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's discretion.
8. NAME OF WINNER
To obtain the names of the winner, any person may mail a self-addressed, stamped envelope after the Contest to: Handmade Mobile Entertainment, 1530 7th Street, Suite 100, Santa Monica, California 90401. Requests must be received no later than 90 days after the last day of the Contest or promotion.
9. PUBLICITY
By entering the Contest, and as a condition of participating in the Contest, contestant agrees to allow Sponsor and its designees to use contestant’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
CONTESTANT FURTHER ACKNOWLEDGES THAT IF CONTESTANT IS CHOSEN AS THE WINNER, CONTESTANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING CONTESTANT’S NAME ON A WINNERS' LIST.
BY ENTERING THIS CONTEST, CONTESTANT ACKNOWLEDGES AND AGREES THAT CONTESTANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF SERVICE.
As a condition of participating in any of the Contest, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contest, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's telephone or other wireless device relating to or resulting from participation in the Contest, or inability to access any telephone service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
10. DISCLAIMER AND LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the transmission of Submissions, notification or correspondence, the processing of Submissions, the announcement of the prize or in any Contest related materials; (2) technical failures of any kinds; (3) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (4) technical or human error that may occur in the administration of the Contest, the sending of Submissions or the processing of Submissions; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from contestant's participation in the Contest or receipt or use of the prize. Proof of sending will not be deemed to be proof of receipt by Sponsor. If for any reason a contestant's Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, contestant's sole remedy is to submit another Submission in the Contest. Sponsor may rescind any Submission found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in any of the Contest, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contest, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's telephone or other wireless device relating to or resulting from participation in the Contest, or inability to access any telephone service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
As a condition of participating in the Contest, contestant agrees that (1) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with the Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees. Sponsor reserves the right to modify prize award procedures.
If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest and conduct a random drawing to award the prize using all eligible, non-suspect entries received for the applicable drawing as of the termination date.
ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW.
11. ARBITRATION AND DISPUTES
As a condition of participating in the Contest, contestant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Contest, or any prize awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, then effective and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between contestant and Sponsor. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. Further, in any such dispute, under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or contestant’s rights and obligations or Sponsor's rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the State of California in the City of Los Angeles.
12. SPONSOR
The Sponsor of the Contest is Handmade Mobile Entertainment 1530 7th Street, suite 100, Santa Monica, California 90401.
13. CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise You that (a) this website is a service provided by Handmade Mobile Entertainment, 1530 7th Street, suite 100, Santa Monica, California 90401, telephone number (310) 667-6980 and (b) Sponsor provides the right to institute fees or charges, effective on reasonable notice to the Terms of Service. If You have a complaint regarding the Contest or desire further information on the Contest, contact by telephone at (310) 667-6980. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won the prize. The actual odds of winning the prize will depend upon the total number of eligible entries received.