T-Mobile Small Business Giveaway

1. TIMING: The T-Mobile Small Business Giveaway (the “Promotion) begins on May 11, 2020, at 9:00 a.m. Eastern Time (“ET”)) and ends on May 17, 2020, at 11:59 p.m. ET (the “Entry Period”).   Sponsor’s clock will be the official timekeeping device for the Promotion.

2. ELIGIBILITY: The sponsor of this Promotion is T-Mobile USA, Inc. (“Sponsor”), 12920 SE 38th Street, Bellevue, WA 98006 and the prize partner is The Marketing Store  (“Prize Partner”). Promotion is open to legal residents residing in the fifty (50) United States, the District of Columbia and Puerto Rico who are 18 years of age or older and the age of majority in the entrant’s jurisdiction as of date of entry. Void where prohibited. Employees, officers or directors of Sponsor and Prize Partner, the Promotion fulfillment partners and their respective affiliates, subsidiaries, as well as the immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter, and businesses owned by these individuals are not eligible to receive a prize.  Prizes will only be awarded to corporate entities in good standing (in Sponsor’s sole discretion) and validly organized under the laws of the applicable state with five-hundred (500) or fewer employees. Sponsor makes the final determination as to what who is eligible to take part in the Promotion. By participating, each Participant agrees to abide by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. The Promotion is subject to all applicable federal, state and local laws. U.S. law governs this Promotion. By entering, you understand that you are providing your information to Sponsor. These Official Rules and the decisions of Sponsor are final and binding in all respects.

3. HERE’S HOW IT WORKS AND HOW TO ENTER: T-Mobile invites people to nominate a small business that contributes to their community and how much they mean to them .

(a) Entry: To nominate a small business entrants must create a video of 60 seconds or less explaining why the small business they are nominating deserves to win, and post that video to Facebook or Twitter using the hashtags #TMOSmallBiz and #Giveaway (“Contest Hashtags”).  Standard Data rates apply. The video and any other content included in the entry post must comply with the Submission Guidelines in Rule #4 below. Entry will be disqualified if it cannot be viewed/accessed by Sponsor/judges for any reason, or if it does not contain the Contest Hashtags. It is recommended that your account is set to “public” in order to enter. If your account is set to “protected mode,” or “private,” your Entry may not be viewable by Sponsor/judges. You must also be following @T-Mobile on Twitter or Facebook in order to receive contest communications from us, and to be eligible to win.

 

 (b) Participation Limit: Limit two entries per person, and a person may only enter once on Twitter and once on Facebook. Entries in excess of the entry limit will be disqualified. Retweets or shared/forwarded posts will not be accepted.  The use of automated devices to participate in this Promotion is prohibited. Sponsor and its agents are not responsible for lost, late, damaged, misdirected, illegible or incomplete entries.

(c) T-Mobile Can Use the Entry:  Submitting constitutes entrant’s consent to provide Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such photo or video, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. 

(d) Social Media Account Terms: Entrants must adhere to the terms and conditions governing the social media channel where they post their submissions/vote. This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media channel on which it is presented. You understand that you are providing your information to Sponsor and not to those entities. 

(c) You Promise You’ve Read These Rules and Release T-Mobile and its Prize Partners from Liability: By entering the Promotion, entrants warrant they have read and understand these Official Rules and agree to be bound by them and to release, discharge and hold harmless Sponsor, Prize Partner, and their respective parents, affiliates, subsidiaries, retailers, agencies and all of their respective officers, directors, employees and agents (collectively “Released Parties”) from any and all liability, claims, judgments, losses, injuries, demands, damages, actions and/or causes of actions, whether direct or indirect, which may be due to or arise out of participation in the Promotion.

4. SUBMISSION GUIDELINES: Your entry must comply with these guidelines in order to be eligible to win, and compliance with this section is in the sole discretion of the Sponsor/judges, whose decisions are final.

• Submission must be in English; common foreign words & phrases are acceptable
• Video submission can be up to 60 seconds in length. If any video submission is longer than 60 seconds, only the first 60 seconds of the video will be judged
• Video submission must not contain any music
• Any creative elements (e.g., sounds, props) used in the video must by entrant’s own original creative work.
• If the submission contains people other than the entrant, entrant must have permission of such persons to submit the video.
• Submission must be original work that has not won a previous prize or award.  Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
• Sponsor reserves the right to reject submissions containing prominent use of third-party trademarks.  
• Except as noted herein, submission cannot contain, incorporate or reference anything that would require the consent of any third party or entity in any jurisdiction, in Sponsor’s sole discretion.
• Submission cannot contain any information that references other websites, addresses, email addresses, contact information or phone numbers.
• Submission must not contain defamatory statements (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
• Submission must not promote alcohol, drugs (illegal or otherwise), tobacco, firearms/weapons (or the use of the foregoing), and activities that may appear dangerous or unsafe, or any particular political agenda or message
• Submission must not include threats to any person, place, business, or group; it must not invade privacy or other rights of any person, firm, entity, and it must not in any way violate applicable federal, state, or local laws and regulations.
• Submission must not, in Sponsor’s sole discretion, contain indecent behavior, profanities or obscenities, including but not limited to nudity, or pornography, and must not in any way disparage persons or organizations associated with Sponsor.
• Submission must not refer, depict or in any way reflect negatively upon the Sponsor, the Promotion or any other person or entity.
• Submission must be suitable for presentation in a public forum, in Sponsor’s sole discretion. 

By entering, entrant certifies (1) that the submission is their own original work and they hold all rights to the submission, (2) that the entrant followed and complied with these Official Rules, and (3) hereby grants Sponsor the right to post the submission on its media channels for any purpose whatsoever.

5. ADDITIONAL TERMS: Sponsor may prohibit a Participant from participating in the Promotion if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or Sponsor or its agents, or if Participant has or has attempted to submit malicious code, .exe files or any file that contains malicious code. Each Entry must be manually key stroked by the individual Participant; automated and/or repetitive submissions of Entries will be disqualified.

Odds of receiving a prize depend on the time of response and the actual number of eligible Tweets and registrations received during the Entry Period for a location. 

 

6. JUDGING TO DETERMINE THE WINNERS: Entries received during the Promotion Period will be judged to determine the top entries and winners.  All judging will be based on the following criteria: Un-carrier Spirit – 40%; Community impact of nominated business – 40%, Authenticity & originality of submission – 20%.  In the event of a tie, tied entries will be broken based on the highest score for “Community impact of the nominated business” as determined by Sponsor.  Judging will occur after the Promotion Period and entrants of potentially winning entries will be notified beginning on or about May 25, 2020.

 

7. PRIZES: There are three tiers of prizing for nominated businesses:

 

Grand Prize (1): $10,000 prepaid Visa gift card

Second Place (10): $5,000 prepaid Visa gift card

Third Place (20): $2,000 prepaid Visa gift card

Total ARV of all Prizes: Up to $100,000.

 

8. WINNER NOTIFICATION & NOMINATION VERIFICATION: No prizes will be awarded to the creators of the submission, prizes will be awarded to the small business nominated in the submission. Prize Partner will verify eligibility of nominated business and, if eligible, will coordinate with awarding prize to nominated business. Entrants of potentially winning submissions and their nominated businesses are subject to verification and will both be required to an Affidavit of Eligibility, W9, Liability Release with (where lawful) a publicity release for receipt by Sponsor or the applicable Prize may be may be forfeited. Limit one prize per nominated business.

Nominated businesses that are selected as prize winners will be required to sign a Prize Acceptance Form and provide tax reporting information (“Prize Documents”).  Prize Documents (PDF) will be emailed to the nominated business and the nominated business must complete and return such documents by email (PDF) by the deadline specified in the email notification. Noncompliance within any stated time period or return of any prize/prize notification as undeliverable may result in disqualification without further notice and an alternate winner may be determined.

9. PRIZE CONDITIONS. Without limiting the generality of the foregoing, each successful nominated business that receives a prize is responsible for all federal, state and local taxes and any other taxes associated with award, acceptance and/or use of the Prize excluding taxes included in the cost of the Prize. Actual value of Prize may vary. No refunds or credit for changes are allowed. Participant is strictly prohibited from selling, auctioning, trading or otherwise transferring the prize unless Sponsor consents in writing. Prizes are nontransferable, and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute an item or items of the same approximate retail value. The Released Parties, individually and collectively, are not responsible for any injuries or loss to Participant using the prize. Each winner may be issued a 1099 tax form for the actual value of his/her prize. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize or portion of the prize. The Released Parties will not replace any lost, mutilated or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. Prizes will be mailed (where applicable) only to the verified winner’s address within the Territory unless Sponsor, in its sole discretion, agrees otherwise. If Sponsor determines at any time in its sole discretion that a winner or potential winner is ineligible or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person, even if he or she has been notified or announced as a winner.

 

10. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for, and specifically disclaim any liability for or arising out of, any of the following regardless of cause, in connection with the Game: (1) any incorrect or inaccurate information, whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (2) technical difficulties or failures of any kind including, but not limited to, malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers; (3) bugs, viruses, worms, Trojan horses or similar malicious attacks; (4) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions; (5) any responsibility and/or liability with respect to the Game and/or the prize (including any property loss, damage, personal injury or death) in connection with participation in this Promotion, the offering or announcement of any prize, or the acceptance/possession, use/misuse and/or defects of the prize awarded herein; (6) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions; or (7) unauthorized human and/or mechanical intervention in the Promotion or any other part of the participation process in this Promotion.

 

11. RELEASE. By entering, Participant (or his/her parent/legal guardian if a minor) agrees to accept and abide by the Official Rules of this Promotion. All decisions by Sponsor regarding this Promotion are final. By entering, Participant agrees to be notified using the contact information provided as part of entry by Sponsor for the purposes of the administration of this Promotion. By entering and/or accepting a prize, Participant agrees to release, defend, indemnify and hold harmless the Released Parties from all injury, loss or damage to person, including death or property due, in whole or in part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in the Promotion and any related activity. Neither Sponsor nor its affiliates are responsible for any typographical or other error in the printing of these Official Rules, administration of the Promotion, or in the announcement or distribution of any prize or prize element. In no event will more than the stated number of prizes be awarded. In the event Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate the Promotion without further obligation. In no event will more than the stated number of prizes be awarded. If Sponsor, in its sole discretion, elects to abbreviate the Promotion as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible Tweets received up to the time of such Force Majeure event. All Tweets are the property of Sponsor and will not be returned.

12.   Governing Law. By entering, Participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, and the rights and obligations of Sponsor and the Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of Washington, without giving effect to any choice of law or conflict of law rules. By entering, Participants consent to the jurisdiction and venue of the federal, state and local courts located in King County, Washington.

13. OFFICIAL RULES/WINNER’S LIST. For a winners’ list, no later than 60 days after the close of the Promotion, mail a #10 SASE to Redemption Center: T-Mobile Small Business Giveaway - Winners List Request, P.O. Box 1561, Chicago, IL 60690. Limit one (1) request per outer envelope.

14. PRIVACY POLICY: Please see Sponsor’s privacy policy located at http://www.t-mobile.com/company/website/privacypolicy.aspx for details of Sponsor’s policy regarding the use of personal information collected in connection with this Promotion. By entering the Promotion, Participants agree that any personal information submitted by Participants may be shared between Sponsor and Prize partner for the purposes of Promotion administration.

15. SPONSOR & ADMINISTRATOR: T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue, WA 98006. All Rights Reserved.

Twitter, Inc. and Facebook, Inc. are not sponsors of this Promotion and have not authorized or otherwise sanctioned or agreed to this Promotion or services for the purposes set forth herein.