Sie sind auf Seite 1von 9

Sweepstakes Official Rules

“1 POWELL PRIDE PRESENTED BY AT&T”


SPONSORED BY AT&T MOBILITY LLC

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. VOID OUTSIDE OF SAN FRANCISCO, CALIFORNIA AND WHERE PROHIBITED OR
RESTRICTED BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT. PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING AS
THEY REQUIRE THAT YOU WAIVE THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF
OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS,
RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A
DISPUTE.

1. Entry Period: “1 POWELL PRIDE PRESENTED BY AT&T” (“Sweepstakes”) commences at 12:01 AM


ET on June 8, 2018 and ends at 11:59 PM ET on June 12, 2018 (“Sweepstakes Period”). The Sponsor’s time
clock will be the official time keeping device for this Sweepstakes. All entries must be received by 11:59 PM
ET on June 12, 2018. All interpretations of these Official Rules and decisions made by Sponsor relating to the
Sweepstakes are final.

2. Eligibility: The Sweepstakes is open to U.S. citizens and U.S. resident aliens who are physically
located in and legal residents of San Francisco, California, who are at least 18 years of age at the time of entry.
Employees, agents, directors of AT&T Mobility LLC (“AT&T” or “Sponsor”), and 360 Agency (“Administrator”)
and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers,
distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is
involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes
(“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents,
step parents, step children and step siblings, and their respective spouses, and those living in the same
household, whether or not related) are not eligible to enter Sweepstakes. By participating in this
Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these
Official Rules by Sponsor and by the decisions of Sponsor or Administrator; (b) acknowledge compliance with
these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these
Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and
regulations; (e) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by, or
associated with Instagram; and (f) agree to release and hold harmless Sweepstakes Entities and Instagram
from and against any and all liability, claims, injury or damages arising out of or relating to participation in
Sweepstakes and/or the use, misuse or redemption of the Prize (hereinafter defined), and for any claim
including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark
infringement, or any other intellectual property related or other cause of action.

3. To Enter: Via Instagram, entrants must have a mobile device that supports the Instagram
application, have the Instagram application downloaded on their device and have a valid Instagram account
set as public/non-private. To enter entrants must: (i) log onto their Instagram account; and (ii) Like the
sweepstake Instagram post at https://Instagram.com/att1powell and private message @ATT1Powell using
hashtag #SweepsEntry for your chance to be entered to win. Entrants must follow ATT1Powell on Instagram.
Entrants can open an Instagram account for free by registering with www.instagram.com. Entrant must not
use more than one (1) Instagram account to enter via this method of entry. If an entrant is suspected
of using multiple Instagram accounts to enter Sweepstakes, any entries received by such means will
be void. Entrant must be in compliance with Instagram’s Terms of Use and accept Instagram’s Privacy
Policy. Message and data rates may apply if entrant enters Sweepstakes via mobile device.

No personal information, including, but not limited to, name, image, likeness or any person other than
entrant is to be included or referred to in the entry. All contents of entry must be in compliance with
the Entry Guidelines specified in Section 4 herein.
All information submitted to Sponsor by entrants is subject to and will be treated in a manner consistent with
AT&T’s Privacy Policy accessible at www.att.com/privacy. By participating in Sweepstakes, entrants hereby
agree that AT&T may collect and use their personal information in compliance with its Privacy Policy and
acknowledge that they have read and accepted the AT&T Privacy Policy.

There is a limit of one (1) entry per person. If it is suspected that an entrant submits more than one (1) entry,
only the first entry received will be considered. In the event of a dispute over who submitted a winning entry,
the “authorized account subscriber” of the Instagram account, as applicable, used to participate in
Sweepstakes at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the
entrant to notify the Administrator in writing if the entrant changes his or her Instagram account
during the Sweepstakes Period. The “authorized account subscriber” for Instagram is defined as the natural
person who is assigned an email address associated with the applicable account. In the event a winning
account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named
account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by
Sponsor.

4. Entry Guidelines: Entries must be the original work of entrant, must have been created specifically
for Sweepstakes, and must not have been previously published, released commercially or won any awards.
Any elements appearing in an entry, including, without limitation, photographs, art or any other materials,
must be entrant’s own original work, created by entrant, or be in the public domain.

Entries must not feature the name, likeness or other personally identifiable information of any person other
than entrant. Personal identifiable information includes, but is not limited to name, image, likeness, license
plates, phone numbers and personal addresses. Entries must not include, depict or make reference to any of
the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence,
firearms/weapons, commercial products or services, unauthorized copyrighted, trademarked or patented
properties, including brand names, logos, or trade dress, private property, unless entrant has obtained a
property release from the owner specific for uses specified herein, material that promotes any activities that
may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is
hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful,
material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity,
copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry,
racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity,
sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited
to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be
considered inappropriate or offensive, as determined by Sponsor or Administrator in its sole discretion.
Further, entries must not contain any claim that is not and cannot be substantiated or that would be false or
misleading to a reasonable consumer. Any content, text or otherwise, included as part of the entry must be in
the English language.

By entering the Sweepstakes , each entrant represents and warrants that: (i) the entry is the original work of
the entrant, that he/she has all rights to the entry, that the entry was created specifically for Sweepstakes ,
that the entry, in whole or in part, has not been released commercially, been previously published or won any
awards; (ii) the entry does not and will not violate any law, statute, ordinance or regulation; (iii) the entry is
free and clear of any and all liens or claims with respect to the use of the entry in the manner authorized in
these Official Rules; (iv) the entry does not infringe upon or violate the intellectual property rights of any
third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on
copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third
party, or give rise to any claims for any payment whatsoever; and (v) the entry is not and will not be
defamatory, disparaging libelous, pornographic or obscene.

Sponsor or Administrator reserves the right to disqualify any entry that it deems, in its sole discretion, to be a
violation of the Official Rules or that is not in keeping with the Entry Guidelines specified herein or which
communicate messages or images inconsistent with the positive images and/or good will to which Sponsor
wishes to associate.
All entries submitted in compliance with these Official Rules and not disqualified are considered (“Eligible
Entries”). Entries will not be returned, and receipt of entry will not be acknowledged. Proof of entry will not
be deemed to be proof of receipt of entry by Sponsor or Administrator.

5. Use of Entries: All entrants, whether a Winner or not, agree that in exchange for their participation
in Sweepstakes , they grant, and have the full right to grant, Sponsor, Administrator and its representatives,
affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat,
rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize entries; and
(ii) the assignable, sub-licensable, perpetual, non-exclusive, irrevocable, royalty free, right and license to use,
exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast,
transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to
visual and aural elements, and or otherwise exploit, the entries, and/or any portions or excerpts thereof,
including without limitation, using entrant’s name, image, likeness, performance, voice, and any other
attributes of entrant, individually or with others, in whole or in part, in conjunction with other material, in
any manner, including advertising, promoting and publicizing Sponsor an unlimited number of times, in any
and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional
liability, obligation to, or review or approval by, entrant or any third party.

Entrants agree to provide, upon request from Sponsor or Administrator, any documentation necessary to
prove their unrestricted ownership in all contents of entry and their right to use entry as specified in these
Official Rules. Entrants also acknowledge and agree that Sponsor, shall own all right, title and interest,
including all copyright ownership, in any derivative works they may create from any element of entry.

6. Odds: The odds of winning the Sweepstakes depend on the total number of Eligible Entries received
during the Sweepstakes Period.

7. Prize: Seventy-five (75) Winners (hereinafter defined) will receive: A pair of tickets to the private
event to see Tina Guo at the AT&T San Francisco Flagship Store, 1 Powell Street, San Francisco, CA, on June
22, 2018 from 6PM to 8PM. One (1) for the Winner, and one (1) for the Guest with a total approximate retail
value (“ARV”) of $0. The ARVs are subject to change based on current market conditions at time of Prize
fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded. The tickets
are not redeemable for cash and are not assignable nor transferable. NO TRANSPORTATION OR LODGING
IS PROVIDED AS PART OF THE PRIZE.

Winner and Guest are responsible for all costs and expenses associated with Prize acceptance and use
that are not specified herein as being awarded. Prize dates are subject to change in Sponsor’s sole
discretion. If a Winner is not available or able to accept the Prize, Winner privileges will be terminated, and
an alternative Winner may be selected from among the remaining Eligible Entries received if time permits.

8. Publicity Release: By participating in Sweepstakes, the Winner grants to Sponsor and


Administrator, and its representatives, affiliates, licensees and assigns, the right and permission to record,
film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor or
Administrator and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit,
distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein,
including any names, likenesses, address, voice, conversation, biographical and Prize information and any
other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material,
if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity,
promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout
the world, without additional compensation, consideration, notification or permission, except where
prohibited by law.

9. Winner Selection and Notification: There will be Seventy-five (75) Winners selected in a random
drawing from among all of the Eligible Entries on or about June 13, 2018, by Administrator. The
Administrator will attempt to contact the potential Winner as follows: direct text or video message on
Instagram and he/she will be required to confirm his/her name, address and phone number within twenty-
four (24) hours from when direct comment is sent. By entering the Sweepstakes entrant hereby grants
permission to be contacted via telephone (No messages will be left on answering machines or voicemail
systems). If a potential Winner cannot be reached directly or does not respond within the allowed period of
time, an alternate potential Winner will be selected in a random drawing from among all remaining Eligible
Entries received.

10. Winner Verification: To be eligible to be declared the Winner and to receive the Prize, the potential
Winner must sign and return to Administrator, within two (2) days of issuance of such documentation from
Administrator a complete and valid IRS Form W9 and an Affidavit of Eligibility and Release that: (a) releases
Sweepstakes Entities and Instagram from any and all liability, loss, claims, demands, and causes of action for
personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered
directly or indirectly from potential Winner’s participation in Sweepstakes , including, but not limited to,
traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or
use or misuse of any Prize; and (b) except where prohibited by law, grants Sweepstakes Entities the right to
use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade,
advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in
perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes
constitutes agreement to sign such release. If potential Winner does not sign this release and return it within
the time frame specified, the potential Winner may be disqualified, and the Prize forfeited. When such
documentation is properly executed and providing potential Winner is otherwise in compliance with the
Official Rules, potential Winner will be determined to be the Sweepstakes winner (“Winner”).

Guest participating in Prize with Winner will also be required to sign [the Guest’s parent or legal guardian if
Guest has not reached the age of majority in the jurisdiction in which he/she resides (“Minor”), a
Liability/Publicity Release that must be returned along with the potential Winner’s documentation as
provided in these Official Rules within two (2) days of issuance. If any Guest is a Minor, he or she must be
accompanied by his or her parent or legal guardian and such parent or legal guardian must be the Winner. If
Winner chooses not to take a Guest or if any Guest does not sign the documentation as provided in these
Official Rules within the time frame specified, then the Guest elements of the Prize will be forfeited, and the
other elements of the Prize shall constitute full satisfaction of Sponsor’s obligation to award the Prize.

Winner and Guest must also complete any additional legal documents provided by Sponsor with respect to
the Prize and return them as instructed within the time frame specified or Winner may forfeit Prizes at
Sponsor’s or Administrator’s sole discretion. If a potential Winner is unable to participate in or accept the
Prize or any portion of the Prize for any reason, Sponsor or Administrator will have no further obligation to
the potential Winner. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize.
Winner and Guest agree to comply with all venue rules and regulations and agree not to act in an
unsportsmanlike or disruptive manner. Sponsor or Administrator expressly reserves the right to delay the
announcement of the Winner for any reason Sponsor or Administrator deems necessary. In addition,
Administrator reserves the right to select an alternate Winner in the event that any potential Winner fails to
comply with these Official Rules or fails to execute the documentation within the time frame specified.

By participating in Sweepstakes, Winner and Guest acknowledge that Sweepstakes Entities have not and will
not obtain or provide insurance of any kind relating to the Prize and that Winner and Guest will be
responsible for obtaining and paying for any form of insurance relating to the Prize that Winner or Guest
deem appropriate.

11. Prize Terms: The date for fulfillment of the Prize will be on or about June 22, 2018, but subject to
change in Sponsor’s sole discretion. If for any reason any Prize is unavailable, or any Prize or related event is
delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the
Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater
value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize,
or any portion thereof, is permitted by a Winner or Guest. Sweepstakes Entities shall have no responsibility
or obligation to a Winner or Guest who is unable or unavailable to, or who does not for any reason, accept or
utilize the Prizes. All costs and expenses not specifically listed above as part of the Prize, including, without
limitation; transportation, meals, snacks, beverages, lodging, tips, gratuities, souvenirs and personal
expenses, are solely Winner’s responsibility. PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT
SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR
ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW,
RELATIVE TO THE PRIZE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Sweepstakes
materials are for illustrative purposes only. Arrangements for the fulfillment of the Prize will be made by
Sponsor or Administrator.

12. Taxes: The Winner must supply Administrator with a complete and valid IRS Form W-9 prior to
receiving Prize. The value of Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the
name of Winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other
compensation received by Winner from Sponsor is $600 or greater for the calendar year. All federal, state and
local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not
specifically provided for in these Official Rules are solely the Winner’s responsibility.

13. General Terms: Sweepstakes Entities and Instagram are not responsible if Sweepstakes cannot take
place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war,
natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire,
acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any
reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the
reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the
administration, security, fairness, integrity or proper conduct of this Sweepstakes , Sponsor or Administrator
reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of
the Sweepstakes . If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the
closing date of the Sweepstakes , notice will be posted on https://Instagram.com/att1powell if time permits
and the Prize will be awarded to a Winner to be selected in a random drawing from among all of the
remaining uncorrupted Eligible Entries received prior to any such event, or in any manner that is fair and
equitable as determined by Sponsor or Administrator in its sole discretion. Sponsor or Administrator
reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for
clarification purposes. Failure by Sponsor or Administrator to enforce any term of these Official Rules shall
not constitute a waiver of that provision.

Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost,
illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged,
destroyed, delayed, misdirected, not received, postage due mail entries, or that have incorrect or inaccurate
entry information, whether caused by any of the equipment or programming associated with or utilized in the
Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries
in Sweepstakes , or other errors appearing within the Official Rules or in any Sweepstakes related
advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the
printing of the offer, administration of Sweepstakes , errors in processing entries, identifying the Winner, in
the announcement of the Prize and Winner, and the delivery of the Prize, any problems or technical
malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or
providers, computer equipment, software, failure of any e-mail or players on account of technical problems or
traffic congestion on the Internet or on any web site, or any combination thereof, including, without
limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile
phone or other portable electronic device related to or resulting from participation or downloading any
materials in Sweepstakes . Use of any device to automate or subvert entry is prohibited and any entries
received by such means will be void. No software-generated, robotic, programmed, script, macro or other
automated entries are permitted, and any entries received by such means will be void. Sponsor or
Administrator reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have
used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have
tampered with the entry process or the operation of Sweepstakes ; (iii) to be acting in a disruptive manner, or
with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring
such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal
documents submitted in connection with Sweepstakes ; or (vi) to be acting in violation of these Official Rules.
ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER WILL RESULT IN SUCH WINNER’S
DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL
BE IMMEDIATELY TERMINATED.

AS A CONDITION OF ENTERING THE SWEEPSTAKES , ENTRANT AGREES THAT: (I) UNDER NO


CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY
WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES,
OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR
CONNECTED WITH THIS SWEEPSTAKES , OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY --
WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL
ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ; AND (III) ANY AND ALL
CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED,
BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS
SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS
SWEEPSTAKES OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES
MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND
DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST
EXTENT PERMITTED BY LAW.

14. DISPUTE RESOLUTION BY BINDING ARBITRATION FOR ANY AND ALL CLAIMS AGAINST SPONSOR
OR ADMINISTRATOR OR THEIR RESPECTIVE AFFILIATES

14.1 By entering this Sweepstakes, entrant, Administrator, and Sponsor agree to arbitrate all
disputes and claims against Sponsor, Administrator and/or their respective affiliates arising out of or relating
to this Sweepstakes, whether directly or indirectly. This agreement to arbitrate is intended to be broadly
interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before entry into the Sweepstakes (including, but not limited to, claims relating
to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a
member of a certified class; and
• claims that may arise after the termination of the Sweepstakes Period.

For purposes of this Section 14 only, references to “AT&T,” “you,” “your” and “us” include our respective
subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing,
either party may bring an individual action in small claims court. In addition, either party may arbitrate in
accordance with the terms of any other arbitration agreement between us; this arbitration agreement does
not supersede other such agreements. This arbitration agreement does not preclude you from bringing
issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications
Commission or any state agency that regulates Sweepstakes. Such agencies can, if the law allows, seek relief
against us on your behalf. You agree that, by entering this Sweepstakes, you and AT&T are each waiving the
right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in
interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this
provision. This arbitration provision shall survive termination of these Official Rules.
14.2 A party who intends to seek arbitration must first send to the other, by certified mail, a
written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution,
AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature
and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do
not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may
commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by
AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to
which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at
http://www.att.com/arbitration-forms.

14.3 After AT&T receives notice at the Notice Address that you have commenced arbitration, it
will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000.
(The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay
this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration
will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by
these Official Rules, and will be administered by the AAA. The AAA Rules are available online at
http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may
obtain information that is designed for non-lawyers about the arbitration process at
http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the
arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration
hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less,
we agree that you may choose whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the
AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which the award is based. Except as
otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any
arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that
either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment
of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies
previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you
initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be
governed by the AAA rules.

14.4 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues
you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator
was selected, then AT&T will:
• pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater;
and
• pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses
(including expert witness fees and costs) that your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the
arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at
any time during the proceeding and upon request from either party made within 14 days of the arbitrator's
ruling on the merits.

14.5 The right to attorneys' fees and expenses discussed in paragraph 14.4 supplements any right
to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger
amount under the applicable law, this provision does not preclude the arbitrator from awarding you that
amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some
laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T
agrees that it will not seek such an award.

14.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief warranted by that party's individual
claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not
consolidate more than one person's claims and may not otherwise preside over any form of a representative
or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration
provision shall be null and void.

14.7 Notwithstanding any provision in these Official Rules to the contrary, we agree that if AT&T
makes any future change to this arbitration provision (other than a change to the Notice Address) while these
Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the
change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing
that you will arbitrate any dispute between us in accordance with the language of this provision.

15. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for
the name of the Winner (first name and state) must be made by June 25, 2018. For the name of the Winner
and/or Official Rules: (i) send a self- addressed stamped envelope to: 360 Agency, Attention: “1 POWELL
PRIDE PRESENTED BY AT&T, 15233 Ventura Blvd., Suite 620, Sherman Oaks, CA 91403; and (ii) write, as
applicable, “Winners List” or “Official Rules” on the lower left hand corner of the envelope.

16. Sponsored by: This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd., NE,
Atlanta, Georgia 30319.

17. Administered by: This Sweepstakes is administered by 360 Agency, 15233 Ventura Blvd. Suite 620,
Sherman Oaks, CA 91403

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.

ABBREVIATED LEGALS

NO PURCHASE NECESSARY TO ENTER OR WIN


Sweepstakes is open to U.S. citizens and U.S. resident aliens who are physically located in San Francisco,
California, who are at least 18 years of age at time of entry. Sweepstakes commences at 12:01 PM ET on
June 8, 2018 and ends at 11:59 AM ET on June 12, 2018.

Subject to Official Rules on ATT1Powell Instagram account at https://Instagram.com/att1powell. To enter


comment on the Instagram post at https://Instagram.com/att1powell and private message @ATT1Powell
with hashtag #SweepsEntry. For prize description see Official Rules. Msg & data charges may apply. Odds
of winning depend on number of eligible entries received. NO TRANSPORTATION OR LODGING IS
PROVIDED AS PART OF THE PRIZE.

Sponsor: AT&T Mobility LLC, 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.

Administered by: This Sweepstakes is administered by 360 Agency, 15233 Ventura Blvd. Suite 620,
Sherman Oaks, CA 91403

VOID OUTSIDE OF SAN FRANCISCO, CALIFORNIA AND WHERE PROHIBITED BY LAW

ADDITIONAL ABBREVIATED LEGALS


Radio Spot
Voice Over:
No purchase necessary to Enter or Win. Sweepstakes begins on June 8, 2018 and ends on June 12, 2018.
Must be 18 or older. Entry only available on ATT1Powell Instagram account at
https://Instagram.com/att1powell, during the Sweepstakes Period. Subject to the Official Rules found on
ATT1Powell Instagram account at https://Instagram.com/att1powell. Void where prohibited.

Online Ad:
No purchase necessary to enter or win. Ends at 11:59 AM ET on June 12, 2018. Must be 18 years or
older. Msg & Data charges may apply. For Official Rules go to ATT1Powell Instagram account at
https://Instagram.com/att1powell. Void where prohibited.

Banner Ad:
NO PURCHASE NECESSARY TO ENTER OR WIN. Ends at 11:59 AM ET on June 12, 2018. Msg & Data
charges may apply. To enter and for Official Rules go to ATT1Powell Instagram account at
https://Instagram.com/att1powell. Void where prohibited.

©2018 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other AT&T marks
contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies.

Das könnte Ihnen auch gefallen