Firefly™
“Win a Firefly & Fly Me to the Moon Prize Pack” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFICIAL RULES:
Firefly Communications, Inc.(Firefly) presents the “Win a Firefly & Fly Me to the Moon Prize Pack” Sweepstakes (“Sweepstakes”). Firefly reserves the right to discontinue the Sweepstakes at any time up to the launch date of the Sweepstakes.
1. PRIZES:
Five (5) Grand Prizes will be awarded, each to be a prize package consisting of all of the following:
Ø One (1) Firefly™ Glowphone;
Ø A one-year free subscription to National Geographic KIDS™ Magazine;
Ø Admission for one child to attend a week-long program at Camp Invention® during the Summer of 2009;
Ø One (1) $5 Gift Card to Maggie Moo’s Ice Cream & Treatery® or Marble Slab Creamery®;
Ø Two (2) "Fly Me to the Moon" movie posters.
The approximate retail value of the Grand Prize is Three Hundred Dollars ($300.00), and may vary based on the location of the Camp Invention® selected; camp program locations and dates are available at campinvention.org. Account activation and phone service for the Firefly Glowphone are not included; activation and service information is available at fireflymobile.com. MaggieMoo's/Marble Slab Creamery gift cards expire one (1) year from date of issuance. Additional prize details not specified in these Official Rules will be determined by Firefly in its sole discretion. No portion of the Grand Prize is redeemable for cash. The Grand Prize is not transferable. No prize substitutions, exchanges or cash equivalents will be permitted by the Grand Prize winner, except that Firefly reserves the right to substitute prizes of comparable or greater value if deemed necessary by Firefly in its sole discretion, including, without limitation, due to prize unavailability. No more than the stated number of prizes will be awarded, and all prizes legitimately claimed will be awarded.
2. HOW TO ENTER
Individuals may enter:
• ON-LINE – by completing an Official Entry Form online at www.fireflymobile.com (the "Web Site") with your name, e-mail address, telephone number and date of birth, between 12:01 A.M. EST on August 12, 2008 and 11:59P.M. EST on September 11, 2008 (the “Sweepstakes Period”).
Only completed (i.e., those including all requested information) official entry forms submitted during the Sweepstakes Period will be accepted as an eligible entry form. Once submitted, all materials become the property of Firefly and will not be acknowledged or returned. Only one entry per person. By participating in the Sweepstakes, all entrants agree to be bound by these Official Sweepstakes Rules.
3. ELIGIBILITY
This Sweepstakes is offered electronically via the Internet to all natural persons who have Internet access, and are residents of one of the fifty United States or the District of Columbia at least 18 years of age or the age of majority in their state of residence as of the date of entry, except officers, directors, members, agents and employees of Firefly Communications Inc. or Summit Entertainment, LLC (collectively, the "Sweepstakes Entities"), and each of their respective affiliates, parents and subsidiaries and the immediate families or household members of each are not eligible to participate in this Sweepstakes.
4. DISCLAIMERS/GENERAL RULES
Sweepstakes Entities are not responsible and/or liable for any of the following, whether or not caused by a Sweepstakes Entity, the entrant, or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries or mail or postage-due mail; any virus, error, omission, interruption, defect or delay in transmission or communication; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; interrupted or unavailable network, server or other connections; miscommunications; failures of electronic equipment, telephone or computer hardware or software, or other technical or mechanical failures or malfunctions; unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information online regardless of cause. In the event of a dispute involving the ownership of an email entry form submission, the entry will be deemed submitted by the holder of the email account. If there is a dispute concerning who submitted an entry, and the dispute cannot be resolved to Firefly's satisfaction, the entry will be deemed ineligible. Firefly retains the right to disqualify any entry that has been incorrectly completed.
Online entry must be made by the entrant, only at the Web Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited. Illegible, unintelligible incomplete, forged, altered, garbled, lost, late, misdirected, software-generated or other automated or multiple entries will be void. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Firefly reserves the right to permanently disqualify any person it believes has violated these Official Rules. Entrants further agree to not to damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Firefly reserves the right, in its sole discretion, to void entries of any entrants who Firefly believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. If the Sweepstakes is not capable of running as planned for any reason, Firefly reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, FIREFLY MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
5. ODDS OF WINNING
The odds of winning the prizes depend solely on the total number of eligible entries received by Firefly during the Sweepstakes Period.
6. SELECTION OF WINNERS
One (1) winner will be chosen by random drawing on each of the following five dates in 2008: August 15, August 22, August 29, September 5, and September 12. Each drawing will be made from among all eligible entries received as of the drawing date. The decisions of Firefly are final on all matters relating to the Sweepstakes. Each potential Grand Prize winner will be notified by telephone and e-mail within [7] days of being selected. Alternate Winner(s) will be selected on an as-needed basis in the event that any winner is ineligible, declines the Grand Prize or cannot be located or reached after a reasonable attempt has been made by Firefly. Each Grand Prize winner may be required, at Firefly's sole discretion, to execute and return an Affidavit of Eligibility, a Liability Release, and, where legal and permissible, a Publicity Release (collectively, the “Release Documents”), within [7] days of notification, or prize may be forfeited and another winner selected. All prize claims and Release Documents are subject to verification by Firefly in its sole discretion. BY ACCEPTING A PRIZE, EACH WINNER AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SWEEPSTAKES ENTITIES, AND THE REPRESENTATIVES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS OF EACH (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, LOSSES, INJURIES, LIABILITIES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THEIR PARTICIPATION IN THE SWEEPSTAKES OR THE AWARD, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE , EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED BY RELEASED PARTIES OR ANY PRIZE PROVIDER FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. EACH WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF THE WINNER, AND/OR THE CHILD ATTENDING CAMP INVENTION, RELATED TO ANY SWEEPSTAKES ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO USE OF THE CAMP PORTION OF THE PRIZE. By participating in the Sweepstakes all entrants agree to allow Firefly, its agents and service providers to use any entrant’s image, likeness, photograph, and voice transmissions, however recorded in connection with the Sweepstakes, in addition to the name, city and state of residence of the Grand Prize winner, without any additional compensation. Except where prohibited, permission is granted by entrants for any use, now or in the future, in connection with the Sweepstakes and/or the marketing of Firefly.
7. ADDITIONAL RESTRICTIONS AND CONDITIONS
Void where prohibited or restricted by law. Subject to all federal, state and local laws and regulations. Entrants who fail to comply with any of the Official Rules of the Sweepstakes may be disqualified from the Sweepstakes at the sole discretion of Firefly Sweepstakes officials. The decisions of Firefly and its representatives shall be deemed final. By entering this Sweepstakes all entrants acknowledge having read these rules and agree to be bound by them and the decisions of Firefly or its duly authorized representative(s).
The following applies to the Camp Invention portion of the Prize Packages: All meals, gratuities, charges, travel expenses, transfers, taxes, airfare, ground transportation and any other costs and expenses not specified in the prize description as being provided are the sole responsibility of each winner and/or the parent/legal guardian of the child who will attend Camp Invention (the "Camper"). Camp dates and programs are subject to availability; blackout dates and capacity controls may apply; each Camper's parent or legal guardian (each, a "Parent") may be required to provide a credit card to cover incidentals or documentation and/or identification (including photograph) at time of camp check-in and/or registration as required by the prize provider; and it is each winner’s (or Parent's, if the winner is not the Parent) sole responsibility to comply with all camp requirements. Firefly is not liable for any expenses incurred as a consequence of transportation or camp cancellation or delay. If the winner is not the Parent, then the Parent may be required to sign a liability/publicity release within the time frame specified by Firefly. Each winner and Parent agree that they, and the Camper, will be required to comply with Firefly’s and prize providers’ guest procedures, and sign and return a release of liability and, where legal, a publicity release to Firefly in the timeframe specified by Firefly or participation in camp will not be allowed. By accepting the prize, each winner (and Parent, if the winner is not the Parent) and Camper agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes activity, including, without limitation, use of the camp prize. Each winner (and Parent, if the winner is not the Parent) and Camper understand and agree that Firefly and prize providers have the right, in their sole discretion, to disqualify and remove the Camper from any activity at any time if the Camper's behavior at any point is disruptive or may or does cause damage to person, property or the reputation of Firefly or otherwise violates the policies of the prize providers. Each winner (or Parent, if the winner is not the Parent) will be responsible for arranging travel insurance for the winner/Parent and/or Camper at the winner/Parent's own expense. Failure to attend or complete the camp prize does not relieve each winner of the tax obligations associated with winning the camp prize.
8. TAXES
Each Grand Prize winner is responsible for compliance with all applicable rules, laws and regulations, including, but not limited to, payment of applicable federal, state and local income taxes.
9. DISPUTES
Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winners must be resolved individually, without resort to any form of class action. Further, in any dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant's actual out-pocket expenses, including costs associated with entering this Sweepstakes, and entrant further waives all rights to have damages multiplied or increased.
10. OFFICIAL RULES AND WINNER LIST REQUESTS
For a copy of these Official Rules or a list of winners, send a self-addressed stamped envelope, within six (6) months of the end of the Sweepstakes, to: Official Rules (or "Winner List"), Win a Firefly & Fly Me to the Moon Prize Pack Sweepstakes, 1521 Alton Road, #51 Miami Beach, FL 33139. Vermont residents may omit return postage from Official Rules requests.
11. SPONSOR
Firefly Communications, Inc.
1521 Alton Road, #51
Miami Beach, FL 33139
