1. DESCRIPTION: These Official Rules apply to a sweepstakes (the “Promotion”), sponsored by Boost Mobile, LLC (the “Sponsor”) and offered via the Sponsor’s Facebook page at https://www.facebook.com/boostmobile and by mail. The Promotion begins at 5:00:00 am Pacific Time on March 15, 2019 and ends at 11:59:59 pm PT on March 29, 2019 (the “Offer Period”). Sponsor will make posts which offer online entry into the Promotion (each, a “Promotional Post”) on its Facebook page during the Offer Period. See Section 4 below for entry instructions, including how to enter by mail. You are not a winner until Sponsor or its Promotion administrator verifies your entry and you have fully complied with these Official Rules.
2. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia (the “Eligibility Area”) who are 21 years of age or older. Online entrants must have a valid Facebook account as of the date of entry. Free Facebook accounts are available at www.facebook.com. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, participating advertising and promotion agencies, prize suppliers, advertising partners, and the immediate family members (spouses and siblings, children and parents and their spouses, and the “steps” of each, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Sponsor’s determinations of eligibility are final and may be made at any time. Void outside the Eligibility Area and where prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules.
4. TO ENTER: There are two (2) ways to enter the Promotion: (a) online or (b) by mail:
Limit four (4) total entries per person, regardless of method of entry. There is also an additional limit of (1) online entry per person and per Facebook account, per Promotional Post. Entries and other submitted material become the property of Sponsor (subject only to terms imposed by Facebook, as applicable) and will not be acknowledged or returned. Entries will not be judged; see Section 6 for information on random winner selection. Entries submitted in excess of stated limits will be void. Use of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different Facebook accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. Sponsor is under no obligation to correspond about entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with an online entry, the authorized account holder of the Facebook account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the account by the applicable social media platform. Potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an online entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. If entering online, normal Internet access and usage charges imposed by your online service will apply. If you post updates to or receive updates from Facebook from your wireless phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating in the Promotion via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment, application, and internet access charges, if any. In addition to compliance with these Official Rules, all online participation must also comply with the terms of service at https://www.facebook.com/legal/terms terms. Multiple online entrants are not permitted to share the same Facebook account. If you are an online entrant, it is your sole responsibility to notify the Sponsor in writing if you change your Facebook account.
5. ADDITIONAL ONLINE ENTRY REQUIREMENTS: Any elements that appear in an online entry including, without limitation, brand names, logos, images, must be either: (a) entirely original, created by the entrant; (b) property of the Sponsor (the “Provided Materials”); or (c) in the public domain. Sponsor grants to entrants a limited revocable, non-sub-licensable, license to use the Provided Materials for the sole purpose of creating an online entry, if an entrant chooses to do so. Use of Provided Materials is not required for online entry, nor will it affect an entrant’s chances of winning. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
Use of any prohibited elements in an online entry may result in disqualification of the applicable entry, in the Sponsor’s sole discretion. Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not violate or encourage the violation of any law, rule or regulation. Online entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Online entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Online entries must not defame or invade the privacy or publicity rights of any person (including, but not limited to, celebrities or celebrity look-alikes), living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Online entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void.
By participating in the Promotion online, you represent and warrant that: (a) you are the creator of your entry; (b) your entry is wholly original (apart from the Provided Materials or any allowable public domain elements); (c) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (d) your entry has not previously been entered in any other promotion; and (e) you own all rights to your entry (including, without limitation, the copyrights contained therein, and excluding any allowable public domain or Sponsor-owned elements).
By participating in the Promotion online, if you include a photo as part of your participation, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness is included in the$ photo (and if such person is under the age of 18 or has not yet reached the age of majority in his/her jurisdiction of$ residence, you have also obtained written permission from that person’s parent or legal guardian); (b) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (c) you can and will give written copies of such permissions to the Sponsor upon request; and (d) you understand that such documents may be required in order to be deemed a winner. Failure to provide said proof may result in disqualification of the entry. Sponsor's determination as to whether any online entry potentially violates the rights of any third party is final. Submitting an online entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
By participating in the Promotion online, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of Facebook) and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post on Facebook or other social media platform, any entries selected in its sole discretion. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating online, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below in Section 8), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your online entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
Further, by participating online, each entrant: (a) agrees to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not any particular entry is selected for any prize; (b) acknowledges that the material that will be submitted as part of the Promotion may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties (as defined below in Section 8) and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that he/she will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in an entrant’s entry; (c) hereby waives any right to any claim or liability with respect to the Released Parties’ use of similar materials; and (d) understands that submitting any element that is copyrighted by another individual will result in the applicable entrant being responsible for any legal action the legal copyright holder might take against the Released Parties.
6. RANDOM DRAWING/PRIZE DESCRIPTIONS/ODDS: On or about April 8, 2019, an independent judging organization will conduct a random drawing from among all eligible entries received, to select thirty (30) winners of a $50 Boost Mobile Re-Boost card prize. Note that a $50 Re-Boost card can be used to purchase one month of Boost service for one phone. Any prize details not specified will be determined by Sponsor in its sole discretion. Use of Re-Boost card is subject to the terms printed and/or referenced thereon. See Section 7 below for additional prize restrictions and winner notification details. Odds of winning depend on the number of eligible entries received. Limit one (1) prize per person/household.
7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The names of potential winners and/or their social media names and/or “handles” may be announced online prior to verification, however any such announcement is not a guarantee of eligibility. Potential winners who submitted their entry online will be notified via direct or private message on Facebook. Potential winners who submitted their entry by mail will be notified by phone and/or email. It is recommended that online entrants confirm that their Facebook notification settings are turned on, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them in this manner. Each potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide any additional requested information within three (3) full business days of the initial notification attempt, or he/she will be disqualified. A potential winner may subsequently be required to complete an affidavit of eligibility, a liability release, a copyright assignment (if entry was made online), and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry (if entry was made online), which must be returned within the time period specified by Sponsor at the time of such request. Proof of identity, age, and legal residence may be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining eligible entries for the applicable Promotion via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or any change of such contact information after entry submission. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the winners. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize (or any substitution prize) will not be awarded. Winners should expect to receive their prizes within approximately 2 to 4 weeks following winner verification. Prizes will only be shipped to an address within the Eligibility Area.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, entrants agree to release and hold harmless Sponsor and Facebook, Inc., together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and advertising partners, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Promotion or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Promotion; (d) errors in the administration of the Promotion or the processing of entries; (e) changes to social media platform policies and procedures that may interfere with the operation of the Promotion; (f) content filtering or any malfunction/error/failure which may impact the accessibility of a Promotional Post, entries, or the transmission or receipt of winner verification notices (or other communications with winners); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (h) 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 Promotion or receipt of any prize. Without limiting the foregoing, the Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of his/her entry, or his/her conduct in creating an entry or otherwise in connection with his/her participation in the Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
10. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, illegible, or postage-due entries; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to entrant's or any other person's computer, mobile device or other equipment related to or resulting from participation in the Promotion. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Promotion, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Promotion, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. In the event of any conflict between any details contained in these Official Rules and the details contained in any Promotion advertising materials, the details as set forth in these Official Rules shall prevail. If, for any reason, the Promotion (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; (b) award the prize(s) for the affected Promotion from among the applicable eligible entries received for such affected Promotion up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only.
12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry.
13. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Promotion you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over Somerset County, New Jersey; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim 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; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
14. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
16. WHO WON?: For a list of winners, mail a self-addressed, stamped envelope to be received by June 10, 2019 to: Boost Mobile “Speed of Boost” Sweepstakes Winners, PMI Station, PO Box 750, Southbury, CT 06488-0750. Winners may also be announced on the Sponsor’s website and/or social media accounts, at Sponsor’s sole discretion.
The above referenced promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that by entering online, you are providing your information to Sponsor, not to Facebook. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not to Facebook.
Sponsor: Boost Mobile, LLC, 10 Independence Blvd, Warren, NJ 07059 © 2019 Boost Mobile, LLC. All rights reserved. Boost, Boost Mobile and the logo are trademarks of Boost.