1. Eligibility: The Sidekick Nation: T-Mobile Sidekick LX Video Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry (and not a minor in his/her state of residence) and have video production, editing and uploading capabilities as of October 1 2007. Employees of T-Mobile USA ("Sponsor"), MySpace, Inc., any agency partners, any of their respective parent, subsidiary and affiliate companies and advertising and promotion agencies, ABC, Jimmy Kimmel Live and 12:05 AM Productions, LLC, (collectively, "Contest Entities") all administration and prize suppliers, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law.
2. Sponsor: T-Mobile USA, 12920 SE 38th Street, Bellevue, WA 98006. Host : MySpace, Inc., 407 N. Maple Drive, Beverly Hills, CA 90210 ("MySpace"). Administrator: BNC, 8687 Melrose Avenue, 8th Floor, Los Angeles, CA 90069 and Rebel Industries, 10573 Pico Blvd., Suite 290, Los Angeles, CA 90064.
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to (i) be bound by these Official Rules and the decisions of the Sponsor, MySpace and/or Administrator, which are final and binding in all matters related to the Contest, and (ii) waive any right to claim ambiguity in the Contest or these Official Rules. All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.
4. Timing: The Contest begins on October 2, 2007 at 12:00 noon Pacific Time ("PT") and ends on November 12, 2007 at 11:59 am PT (the "Contest Period"). The Contest Period consists of four (4) phases as set forth in the chart below.
| Phase | Starts at 12:00 p.m. PT | Ends at 11:59 a.m. PT |
| Phase 1 - Submissions | October 2, 2007 | November 12, 2007 |
| Phase 2 - Judging/Qualification | November 13, 2007 | November 20, 2007 |
| Phase 3 - MySpace Audience Voting Phase | November 21, 2007 | December 3, 2007 |
| Phase 4 - Winner Announcement | December 6, 2007 | December 10, 2007 |
MySpace's computer is the official time-keeping device for the Contest. MySpace reserves the right to allow for minor fluctuations between the entrant's timing device and the actual runtime of the Video (as defined below) on the Website (as defined below), based on clear intent to comply with the Official Rules, as determined in Sponsor's and/or MySpace's sole discretion.
5. How to Enter: During the Submission Phase, visit http://www.myspace.com and follow the links and instructions to login and/or create a MySpace account. Creating a MySpace account is free. After creating and/or logging into your MySpace account, visit the MySpace Sidekick Nation profile (the "Profile") at http://www.myspace.com/sidekicknation and follow the links and instructions to upload and submit an original video clip (the "Video"), created by you which exemplifies how Sidekick serves as your social lifeline. Upload your Video to the Profile and follow the links and instructions to complete and submit the registration. By submitting your Video and completing and submitting the registration, you agree that your Video conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in their sole discretion, may remove your Video if they believe, in their sole discretion, that your Video fails to conform to these Guidelines and Restrictions in any way, in which case your Video shall be disqualified from the Contest.
Video Guidelines: The submitted Video must meet the following guidelines:
Content Restrictions: The Video must meet the following content restrictions:
Further, entrants will furnish to Sponsor and/or MySpace, upon Sponsor's and/or MySpace's request, any documentation, substantiation, and releases necessary and reasonably required from all persons appearing in, or whose name, voice or likeness appears in the Video, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Video to prove, confirm, verify, and substantiate entrant's compliance with any or all of these Terms and Conditions, including, without limitation, the representations and warranties listed below. In the event a submitter cannot provide all required releases, the Contest Entities reserve the right, in their sole discretion, to disqualify the applicable Video, or seek to secure the releases and clearances for the Contest Entities' benefit, or allow the applicable Video to remain in the Contest.
Sponsor and/or MySpace shall have the right to edit, adapt, distribute, stream, post and publish any or all of the Videos and all elements thereof, in whole or in part, including any persons or likeness embodied therein, and may use them in any and all media now or hereafter devised, worldwide in perpetuity, without attribution, compensation, permission or notification to the entrant, his/her successors or assigns, or any other entity. Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, garbled, delayed, inaccurate, un-intelligible or misdirected Videos, all of which will be void and disqualified. Sponsor, in their sole discretion, may feature any Video submitted in this Contest, and any screen grabs therefrom, at any time during, or after, the Contest Period on http://www.MySpace.com, http://www.MySpace.com/sidekicknation , http://www.sidekick.com, any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in their sole discretion, deem appropriate or necessary for the operation and promotion of this Contest, or for any other reason. Limit: One (1) entry per person for the entire Contest.
6. Winner Determination: Potential winners will be determined according to the process set forth below: Preliminary Judging Phase: During the Preliminary Judging Phase, qualified judges (the "Judges"), whose decisions as to the administration of this Contest and the selection of finalists are final and binding in all matters, will select from all eligible Videos submitted during the Submission Phase five (5) finalists (the "Finalists"). The Judges will make this decision based upon the following criteria: 50% originality and creativity and 50% overall appeal of the Video on the Website (the "Judging Criteria"). In the event of tie between two (2) or more Videos, the Video the Judges determine to be the most creative will be deemed a Finalist. Potential finalists' videos are subject to the review and approval of ABC Network broadcast standards and practices. Sponsor reserves the right to select fewer than five (5) Finalists if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Videos.
MySpace Audience Voting Phase: During the MySpace Audience Voting Phase, the Finalists will be posted in an online gallery for public voting at http://www.MySpace.com/sidekicknation. MySpace members will be invited to vote for the Finalist whose Video they believe should win the Grand Prize.
Limit: One (1) vote per unique IP address per day. Voting is regulated by MySpace's Terms and Conditions, which are available at http://www.myspace.com/Modules/Common/Pages/TermsConditions.aspx. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. The one (1) Finalist whose Video receives the most eligible votes at the end of the MySpace Audience Voting Phase, as determined by Sponsor, will be the potential Grand Prize winner. The one (1) Finalist whose Video receives the second largest number of eligible votes, as determined by Sponsor, will be the potential Second Place winner. The one (1) Finalist whose Video receives the third largest number of eligible votes, as determined by Sponsor, will be the potential Third Place winner. If there is a tie between two (2) or more Videos for the Grand Prize award, the Second Place award, or the Third Place award, the Videos that the Judges determine to be the most creative will be deemed the winner for each respective prize.
7. Winner Requirements: The potential winners will be notified by email or phone on or around December 10, 2007. The potential winner must be able to receive telephone calls from an unlisted and/or blocked number. The potential winners (parent/legal guardian if a winner is considered a minor in his/her state of residence) will each be required to sign and return to Sponsor, within three (3) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (where legally permissible) in order to claim the Grand Prize. If any potential winner cannot be contacted within a reasonable time period, fails to sign and return the applicable Affidavit of Eligibility, Liability & Publicity Release within the required time period noted above, such potential winner forfeits the prize and he/she will be disqualified. Further, potential winners agree to refrain from submitting their Video to other broadcast outlets or appear as a guest for publicity purposes on any broadcast outlet for a period of 180 days from the date of the submission of their Video to the contest. Failure to comply may result in the entry's disqualification. Sponsor shall have the sole discretion and right to disqualify contest entry if Sponsor in good faith believes this requirement has been breached. All potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Failure to comply with these requirements for any reason, return of prize notification or prize as undeliverable or disqualification of any potential winner for any reason will result in forfeiture of prize and, at Sponsor' discretion, an alternate winner may be selected (the Finalist with the next highest number of votes, as determined by Sponsor). Acceptance of any prize shall constitute and signify the winner's agreement and consent to Contest Entities and their respective designees use of the winner's name, city, state, likeness, photos and/or prize information in any and all media now or hereafter devised worldwide, including the Internet, in perpetuity without limitation and without further payment or consideration, notification or permission, except where prohibited by law. If any winner is an eligible minor, such minor will be required to prove parental consent in the form of an Affidavit of Liability before he or she can be declared a winner and any prize can be awarded and. Sponsor may, at their discretion, award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
8. Prizes: ONE (1) SIDEKICK NATION: T-MOBILE SIDEKICK LX VIDEO GRAND PRIZE PACKAGE: A trip for two (2) to Los Angeles, CA for a taping of the Jimmy Kimmel Live! show; $10,000 cash (awarded as a check); a debut of highlights or a segment from winner's Video to air on Jimmy Kimmel Live!; and a T-Mobile Sidekick LX (service not included). Sponsor and Jimmy Kimmel Live have the absolute right to edit, modify, alter and otherwise repackage the winning video prior to airing on Jimmy Kimmel Live. The Sponsor and Jimmy Kimmel Live also will have final and sole decision to determine the length and presentation of the highlight segment that will appear as apart of this portion of the prize. Trip package includes roundtrip coach-class air transportation for two (2) from a major U.S. airport near winner's home (determined by Sponsor in their sole discretion) to Los Angeles, CA; three (3) days and two (2) nights accommodations at a hotel of Sponsor' choice (one (1) room, standard double occupancy); and attendance in the studio audience of Jimmy Kimmel Live!. Winner must commence travel on dates specified by Sponsor, or the Grand Prize is forfeited and Sponsor will have no further obligation to winner. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in their sole discretion. All travel arrangements must be made through Sponsor's agent. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability; and dates of travel are subject to change. Winner and guest are responsible for obtaining all necessary travel documents. Travel is subject to the terms and conditions set forth in this Contest and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be of legal age of majority in his/her state of residence (and at least eighteen (18) years of age) as of the date of departure and must travel together on same itinerary and at the same time as the winner. If the winner is a minor, his or her travel companion must be such winner's parent or legal guardian. Travel companion must execute liability/publicity release prior to issuance of travel documents. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion and no compensation or substitution will be provided for difference in prize value. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if attendance in the studio audience of Jimmy Kimmel Live! and/or debut of winner's Video during Jimmy Kimmel Live! is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution or compensation will be provided except as in Sponsor's sole discretion. Sponsor and Jimmy Kimmel Live! share the absolute right to use, or refrain from using, the Jimmy Kimmel Live! appearance in any and all media, now or hereafter devised, without limitation and without further payment or consideration, notification or permission, worldwide and in perpetuity, except where prohibited by law. Winner agrees to execute any appearance release or other document required by Sponsor or show producer in connection with winner's appearance on Jimmy Kimmel Live!. Approximate Retail Value ("ARV"): $13,500. There is no cash value, alternative or substitution for the Jimmy Kimmel Live prize elements. Actual value may vary based on location of winner's residence and dates of travel.
ONE (1) SECOND PLACE AWARD PRIZE: $5,000 (awarded as a check); and a T-Mobile Sidekick LX (service not included) ARV: $5,500.
ONE (1) THIRD PLACE AWARD PRIZE: $2,500 (awarded as a check); and a T-Mobile Sidekick LX (service not included) ARV: $3,000.
For T-Mobile Sidekick LX mobile phone: Sponsor, in their sole discretion, will determine model of phone. The ARV of electronic items are subject to fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the item is redeemed. Terms and conditions apply. Prizes are awarded "as is" with no warranty or guarantee, either express or implied.
For All Prizes: Limit: One (1) prize per household. All prizes are non-transferable, non-assignable, and winners may not elect to substitute or redeem prize for cash unless Sponsor, in their sole discretion, determine otherwise. Sponsor reserves the right to substitute a listed prize (or portion thereof) for one of comparable or greater value, at their sole discretion. Winners are responsible for all federal, state and local taxes as well as all other costs and expenses associated with prize acceptance and use not specified herein as being awarded. All prize details are at Sponsor's sole discretion. Total ARV of all Contest prizes: $22,000.
9. Release: By entering the Contest, entrant agrees to release and hold harmless Sponsor, Jimmy Kimmel Live!, 12:05 AM Productions, Administrator, MySpace, and their respective parents, subsidiaries, successor, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt, use or misuse of any prize (including any travel or activity related thereto) or Released Parties' use of the rights granted herein.
No Injunctive Relief. Notwithstanding anything to the contrary that may be contained herein,the contest entrant acknowledges that in the event of a material breach of this agreement, the damage, if any, caused contest entrant thereby will not be irreparable or otherwise sufficient to entitle the contest entrant, or any party acting on behalf of contest entrant, to seek or obtain injunctive or other equitable relief against the production, exhibition or other exploitation of the Video by Sponsor or Contest Entities. Contest entrant acknowledges that his/her ights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and contest entrant will not have the right to enjoin the production, exhibition or other exploitation of the video or any subsidiary or allied rights with respect thereto.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs or could impair the integrity or proper functioning of the Contest, as determined by Sponsor in their sole discretion. If terminated, Sponsor may, at their discretion, determine the winners from among all non-suspect, eligible Videos received up to time of such action using the judging procedure outlined above. Sponsor in their sole discretion, reserve the right to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Videos. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, typographical printing or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical, computer, network, or typographical, printing or human errors which may occur in the administration of the Contest, the uploading, processing or judging of Videos, the announcement of the prizes or in any Contest-related materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel or activity related thereto). Released Parties are not responsible for misdirected or undeliverable Videos or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Video. In the event Sponsor or Contest Entities are prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order or regulation, public health crisis (eg.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsors' control (each a "Force Majeure") event or occurrence), then Sponsor shall have the right to modify, suspend or terminate the Contest. The Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for California or the appropriate California State Court ; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to obtain attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Entrants' Personal Information:
Any personal information collected from entrant will be subject to MySpace's privacy policy posted at http://collect.myspace.com/misc/privacy.html?z=1. Unless prohibited by MySpace's privacy policy or by law, by entering the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with the other Contest Entities solely for the purpose of Contest administration, judging and prize fulfillment.
14. Winners List: To obtain a list of Contest winners (available after December 10, 2007 ), send a hand-printed, self-addressed, stamped envelope to: "Sidekick Nation: T-Mobile Sidekick LX Video Contest
Winner List," T-Mobile Sidekick Nation, c/o BNC, 8687 Melrose Avenue, 8th Floor, Los Angeles, CA 90069. Winners List requests must be received by December 30, 2007.
© 2007 T-Mobile USA. All rights reserved.
SIDEKICK NATION: T-MOBILE SIDEKICK LX VIDEO CONTEST
ABBREVIATED RULES 2. ABBREVIATED RULES for Print
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES & D.C., 18 AND OLDER WHO HAVE VIDEO PRODUCTION, EDITING AND UPLOADING CAPABILITIES AS OF OCTOBER 1, 2007. VOID WHERE PROHIBITED. Enter by November 12, 2007. See Official Rules, which govern this contest, for complete details and prize restrictions, at http://www.myspace.com/sidekicknation.
3. Abbreviated rules for online Ads - Banner NO PURCHASE NECESSARY. Enter By 11/12/07. To enter and for Official Rules, visit http://www.myspace.com/sidekicknation.
4. Abbreviated Rules for online Ads
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES & D.C., 18 AND OLDER WHO HAVE VIDEO PRODUCTION, EDITING AND UPLOADING CAPABILITIES AS OF OCTOBER 1, 2007. VOID WHERE PROHIBITED. Enter by November 12, 2007. See Official Rules, which govern this contest, for complete details and prize restrictions, at http://www.myspace.com/sidekicknation.
1. ABBREVIATED RULES for TV and Radio
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES & D.C., 18 AND OLDER WHO HAVE VIDEO PRODUCTION, EDITING AND UPLOADING CAPABILITIES AS OF OCTOBER 1, 2007. VOID WHERE PROHIBITED. Enter by November 12, 2007. See Official Rules, which govern this contest, for complete details and prize restrictions, at
http://www.myspace.com/sidekicknation.