| Q121 iPod SWEEPSTAKES OFFICIAL CONTEST RULES |
| The Q121 iPod Sweepstakes (the "Promotion" or "Contest") is sponsored by Q121™, Inc. By entering the Promotion, you agree to comply with and be bound by the following official Contest rules (the "Rules"). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion. |
| 1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING. |
| 2. ELIGIBILITY. The Promotion is open to legal residents of the United States and the District of Columbia, living in the United States or the District of Columbia, who are at least 18 years of age. The Promotion is void in Puerto Rico and Rhode Island and in any other jurisdiction where the Promotion is prohibited or otherwise restricted by law, rule or regulation. Employees, officers and directors of the Company, Traffix, Inc. ("Traffix"), each of their legal representatives, and each of their respective affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (and those living in the same households) are not eligible to enter the Promotion. Contestants wishing to obtain a copy of these Rules may request a printed copy by writing to: Q121, iPod Sweepstakes, 1 Blue Hill Plaza, 5th Floor, Pearl River, New York 10965. |
| 3. HOW TO ENTER. Contestants may enter by replying YES to the SMS message, or by visiting this form and completing the online registration form. Each contestant must include his/her correct and cell phone number in the registration form. Contestants must update this information, as necessary, to remain eligible to win. There will be a new drawing each day. In order to be eligible to win each day's drawing, you must register each day. Registrations will not carry over from day-to-day. Entries will be accepted from 12:00 a.m. to 11:59 p.m. every day, including legal holidays. All entries must be received by 11:59 p.m. in order to be eligible for that day's drawing. Only one entry per contestant per day will be eligible for that day's drawing. By registering for the Promotion, contestants are also opting-in to become registered members of Q121, and agree to accept SMS messages from the Company and its respective advertising affiliates (hereinafter referred to as "Advertisers"). See Section 8 hereinbelow for detailed information concerning the Company's Privacy Policy. |
| 4. HOW TO WIN. Each and every day during the Contest period, one (1) winner will be randomly selected from among the list of codes in the Promotion Database. The Promotion Database is defined as the current list of previously registered members of Q121 and its affiliates, and all other non-member contestants who registered in that day. In order to be eligible to win each day's drawing, you must register each day. Registrations will not carry over from day-to-day. All winners will be notified via SMS within two (2) weeks after the winners are chosen (contestants are responsible for ensuring that their contact information is accurate and up to date). Winners are subject to eligibility verification. Winners will be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release within fourteen (14) days following attempted notification. Non-compliance within this time period may result in forfeiture of the applicable prize. Winners will be required to provide picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification. Return of any prize/prize notification as undeliverable may result in forfeiture. In no case shall the Company be liable in any manner where a winner has not received notification sent from the Company or where the Company fails to receive a response from the winner within the required response period. See Section 5 hereinbelow for a detailed prize description. |
| 5. PRIZE DESCRIPTION. An Apple iPod valued at approx. $300 retail. |
| 6. ODDS OF WINNING. The odds of winning any given day's drawing depend on the number of registrants in the Database, as defined in Section 4 hereinabove, at the close of the applicable daily entry period. |
| 7. LIMITED TIME ONLY. The Contest period begins December 28th, 2005 and ends December 28th, 2006. |
| 8. PRIVACY STATEMENT. For a thorough recital of the Q121's Privacy Policy please click here or return to the Q121 homepage. |
| 9. WINNERS LIST. To receive a list of winners, send a self addressed stamped envelope to: Q121, iPod Sweepstakes, 1 Blue Hill Plaza, Pearl River, New York 10965. |
| 10. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the winner. The Company reserves the right to withhold taxes from each winning prize, as appropriate. |
| 11. NO SUBSTITUTION OF WINNERS. No substitution or transfer of prizes will be accommodated or permitted, other than in the Company's sole discretion. |
| 12. PUBLICATION. Contest entry constitutes permission for the Company to use contestants' names and likenesses for advertising and promotional purposes without further compensation, except where prohibited by law. |
| 13. RELEASE. By entering the Contest, each contestant agrees to release and hold harmless the Company, Traffix, each of their legal representatives, their affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Contest including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each contestant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, SMS messagess or announcements relevant to the Contest, these Rules will govern. Any disputes arising from the Contest shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Contest, the parties agree to submit their dispute for resolution in the Southern District of New York. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that the Company's Privacy Policy and/or Terms and Conditions are in conflict or inconsistent with these Rules as they pertain to the Contest, these Rules shall take precedence. |
| 14. DISQUALIFICATION. The Company, Traffix, each of their legal representatives, their affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by the judges, will be disqualified. If disqualified for any of the above reasons, the Company reserves the right to terminate contestant's eligibility to participate in the Contest. In the event that any portion of the Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of the Company which, in the sole opinion of the Company, corrupts, or impairs the administration, security, fairness or proper determination of the Contest, the Company reserves the right, in its sole discretion, to suspend or terminate the Contest or any part of the Contest, or any combination of the above. The Company, Traffix, each of their affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents are not responsible for any problem with entries generated by computer hardware or software malfunction, error or failure, whatever the cause. The Company's sole responsibility for any irregular entry is replacement with another entry in a subsequent hourly drawing. Potential winner's may be required to provide the Company with proof that the potential winner is the authorized account holder of the electronic mail address associated with the potential winning entry. |
| 15. LEGAL WARNING. Any attempt by any individual, whether or not a contestant, to damage, destroy, tamper with or vandalize the Contest Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and the Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. |