OVERVIEW & STRUCTURE: Jesta Digital, LLC ("
Mobizzo" or "
Sponsor"),
is offering a sweepstakes ("
Sweepstakes")
via Mobizzo, a web, WAP, mobile and interactive service (the "
Service").
The Sweepstakes begins at 12:01AM Eastern Time ("ET") on January 10, 2012, and ends at
11:59PM ET on February 15, 2012. Mobizzo members (each, a "
Member") can earn
"
Tickets" by participating in the daily quizzes offered in connection with
the Service (each a "
Quiz").
Each Quiz consists of five (5) questions and will be administered daily via the Service. Members
can redeem Tickets to gain entry into any Sweepstakes as more fully set forth below. For
additional details about Member registration, membership fees and Quizzes visit the Mobizzo Member
Terms and Conditions (which are incorporated herein by this reference) at
www.mobizzo.com/terms.page. Standard text messaging and data rates will
apply for text messages and/or data sent and received. You must have a wireless service provider with
multimedia and/or text message functionality to be eligible to participate via the WAP site and/or SMS.
Check your wireless service provider for pricing plan details and mobile phone/handset capabilities.
The Sweepstakes is subject to these Official Rules. By participating in the Sweepstakes,
each entrant unconditionally accepts and agrees to comply with and abide by these Official
Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ELIGIBILITY:: The Sweepstakes is open only to legal residents of the fifty (50) United
States and District of Columbia who are thirteen (13) years of age or older at the time of entry,
except for legal
residents of Florida and Maine, who must be eighteen (18) years of age or older at the time
of entry. Any entrant who is below the age of majority in his or her home state (a "minor")
should obtain his/her parent's or legal guardian's permission prior to entering.
Officers, directors and employees of Mobizzo,
and each of their respective parents, affiliates, subsidiaries, and advertising and promotion agencies,
(all such individuals collectively referred to herein as the "Mobizzo Entities") and the immediate
family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside)
and/or those living in the same household of each, whether or not related, are not eligible to enter or win.
Void where prohibited by law. Individuals who have won a prize in any Sweepstakes offered
by Mobizzo within ninety (90) days preceding the start date of this Sweepstakes are not eligible
to win. The Sweepstakes is subject to all applicable federal, state and local laws.
TO ENTER: There are two (2) ways to enter the Sweepstakes:
1)
Via Mobizzo: Members may earn Tickets by taking a Quiz; and can redeem earned Tickets for an entry
or entries in the Sweepstakes. Tickets are subject to the terms and conditions set forth at
www.mobizzo.com/terms.page.You must be logged into your Mobizzo account ("
Account") to redeem Tickets. If
you are not already a Member, you must first follow the directions to complete the registration process. You will be charged a monthly
membership fee of
$9.99 through your wireless carrier when you register to become a member. For additional details about
registration and fees, see the Mobizzo Member Terms and Conditions (which are incorporated herein by reference) at
www.mobizzo.com/terms.page. To complete your entry, follow the directions
provided therein to redeem ten (10) Tickets to receive an entry into the Sweepstakes. When you enter
the Sweepstakes, the number of Tickets redeemed for the Sweepstakes entry will be deducted from your Account.
No Tickets will be refunded or credited to your Account once the entry has been submitted. You may select the number of entries you
would like to submit for the Sweepstakes, up to a maximum of five (5) entries per day, provided you have the number of Tickets in your
Account required for the number of entries submitted.
You will not be permitted to submit any number of entries into the Sweepstakes if you do not have the
required number of Tickets to redeem for entries into the Sweepstakes.
Entries must be received by the end date specified in these Official Rules to be eligible.
Or 2) Via U.S. Mail (available to all eligible entrants): to enter the Sweepstakes via mail without
taking a Quiz, registering to be a Member or earning and redeeming Tickets for Sweepstakes entries, hand-print on a 3" x 5" card your first
and last name, date of birth, street address, city, state, zip code, phone number (including area code) and e-mail address (optional)
and mail it in a stamped #10 envelope with proper postage
affixed to "Mobizzo Ultimate Sweepstakes", P.O. Box 597, Gainesville, VA 20156. All mail-in entries must be postmarked
by the end date specified in these Official Rules and received within five (5) days of end date to be eligible.
One (1) mail-in entry will count as the maximum of five (5) daily entries in the Sweepstakes. Limit one (1) mail in
entry per person/e-mail address per day. Regardless of method of entry, the maximum number of daily entries per person/e-mail
address per day is limited to five (5). Entries received in excess
of the stated limitation from any person/e-mail address on any given day will be void.
GENERAL ENTRY CONDITIONS: All entries become the property of the Mobizzo and will not be
acknowledged or returned. There is a limit of five (5) entries per person, per e-mail address and per household, regardless of method of
entry. Entries received in excess of the stated limitation from any person, household or e-mail address will be void. No mechanical
reproductions or facsimiles of mail-in entries will be accepted. Entries, Tickets or Quiz answers generated by script, macro or other automated
means and entries, Tickets or Quiz answers by any means which subvert the entry and/or participation process will be void. Should multiple users
of the same e-mail account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account
subscriber of said mobile phone number at the time of entry will be considered the entrant and must comply with these Official Rules. "Authorized
account subscriber" is defined as the natural person who is assigned a mobile phone number by a wireless service provider or other organization
which is responsible for assigning mobile phone numbers for the mobile phone number associated with the submitted entry. In the event a
dispute regarding the identity of the individual who actually submitted the entry cannot be resolved to Sponsor's satisfaction, the affected
entry will be deemed ineligible. Entrants may be required to submit proof of being the authorized account subscriber. Mobizzo's database
clock will be the official time keeper for entries into the Sweepstakes. Screenshots or other "proof" of entering information through
the Service does not constitute proof of delivery or receipt.
DRAWINGS: A potential winner will be selected in a random drawing from among all eligible entries received
during the Sweepstakes Period. Drawings will take place approximately seven (7) days following the conclusion of the Sweepstakes Period.
The drawings will be conducted by Promoter, an independent judging agency whose decisions are final and binding.
Odds of winning will depend on the total number of eligible entries received.
WINNER NOTIFICATION: The potential winner will be notified by SMS, phone, or email using the information in
the Member's "Account" (as defined in the Mobizzo Terms and Conditions) or otherwise provided at the time of entry and the winner will be
required to respond to such notification within three (3) days of the date such notification is received. Additionally, potential winners
may also be required to execute and return an Affidavit of Eligibility, Release of Liability and, where imposing such condition is legal,
a Publicity Release (collectively, the "Prize Claim Documents") within seven (7) days of date of issuance. In the event that any
notification or correspondence to a potential winner is returned as undeliverable or a response is not received within the specified time
period, prize may be forfeited and, at Mobizzo's discretion, an alternate winner may be selected. Noncompliance with the requirements set
forth herein, the return of any prize or prize notification as undeliverable, failure to return the Prize Claim Documents in a timely
manner or noncompliance with these Official Rules will result in disqualification and, at Mobizzo's discretion, an alternate winner will
be selected. If any potential winner is considered a minor in his/her state of residence, prize may be awarded in the name of his/her
parent or legal guardian who will be required to execute and return the Prize Claim Documents on behalf of such child or legal ward and
fulfill all other requirements imposed on winners set forth herein.
GRAND PRIZES: One (1) Xbox 360® 250GB Console (Estimated Retail Value ("ERV") $299). The value of
Xbox 360® 250GB Console is based on the ERV at the commencement of the Sweepstakes. No compensation will be offered for
any difference in value between stated ERV and the actual ERV at time of prize award. Prize pictured on the Sweepstakes entry page or in
the Promotional Materials or otherwise are for illustrative purposes only. Actual prize may vary depicted image. All details not specified
shall be determined by Sponsor in its sole discretion. Prize is awarded "as is" with no warranty or guarantee, either express or implied
by Mobizzo. Prize is not transferable, redeemable for cash or substitutable except by Mobizzo, which reserves the right to substitute the
prize (or portion of prize) with one of comparable or greater value, at its sole discretion. Winner shall be solely responsible for all
federal, state and local taxes and any other costs and expenses associated with the acceptance and use of the prize not described herein
as being awarded including, but not limited to any cost of a wireless phone service plan (as applicable). Limit one (1) prize per person,
per e-mail address and per household per any 90-day period, regardless of Sweepstakes. Any prize won in excess of this stated limitation by
any person or e-mail address or household will be forfeited and, at Mobizzo's discretion, awarded to an alternate winner.
GENERAL CONDITIONS: For terms and conditions relating to Tickets, view the Mobizzo Member Terms, available at
www.mobizzo.com/terms.page. Acceptance of a prize constitutes permission for the Mobizzo Entities and those of
Mobizzo's business partners that are involved in the Sweepstakes to use winner's name, photograph, voice, statements, city and
state of residence, likeness and any other personal characteristics for purposes of advertising and trade in any and all media now or
hereafter known throughout the world in perpetuity, without further compensation, notification or permission, unless prohibited by law. By
participating, entrants (and, as applicable, parent/legal guardian of any entrant who is an eligible minor) agree to: (i) be bound by these
Official Rules and the decisions of Mobizzo and its designees, which are final and binding in all matters; and (ii) release, discharge and
hold harmless the Mobizzo Entities from any and all claims and liability whatsoever for any injuries, losses or damages of any kind resulting
from the acceptance, possession or use of any prize (including any injuries resulting from use of any prize or any travel/activity related
thereto) or participation in the Sweepstakes or in any Quiz through which you earn Tickets. The Mobizzo Entities are not responsible for lost,
late, incomplete, inaccurate, stolen, misdirected, delayed, undelivered, garbled, damaged, illegible or postage-due mail, entries, tickets,
Quiz answers, or text messages; or for lost, interrupted or unavailable cable, network, server, Internet Service Provider (ISP), wireless
service provider, the Mobizzo website, and/or WAP site (collectively the "
Sites)"), or other connections, availability or accessibility
or miscommunications or failed computer, cellular tower, satellite, telephone or cable transmissions, lines, or technical failure or jumbled,
scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or
malfunctions of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in
connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration
of the Sweepstakes, the tabulation of the number of Tickets earned or redeemed, the processing of entries or text messages, the announcement
of any prize or in any Sweepstakes-related materials. The Mobizzo Entities are also not responsible for any incorrect or inaccurate information,
whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. The Mobizzo
Entities are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in
the Sweepstakes or downloading materials from or use of Mobizzo. Persons who tamper with or abuse any aspect of the Sweepstakes, Sites or who
are in violation of these Official Rules, as solely determined by Mobizzo, will be disqualified and their entries/Tickets will be void. If, in
the judges' opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, if technical difficulties, virus,
bugs or other causes compromise the integrity of the Sweepstakes or if the Sweepstakes is unable to run as planned for any other reason, the
judges reserve the right to modify, suspend or terminate the Sweepstakes and, if terminated, at their sole discretion, conduct a random drawing
to award the prize(s) from among all eligible, non-suspect entries received as of the date of termination. As a condition of participating,
entrant (and, if an eligible minor, his/her parent of legal guardian) agrees that: (i) under no circumstances 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 actual out of
pocket expenses, if any, (ii) all causes of action arising out of or connected with the Sweepstakes, or any compensation or credit to be provided,
shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and award shall be limited to
actual out of pocket costs incurred, if any, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs.
CHOICE OF LAW: The Sweepstakes shall be governed by California substantive and procedural law, without giving effect to any choice of law or
conflicts of laws rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws
of any jurisdiction other than the State of California. By participating in the Sweepstakes, entrants (and, if eligible minors, their parents or legal
guardians) irrevocably consent that California courts shall have personal jurisdiction over any dispute or litigation arising from or relating to the
Sweepstakes and that venue shall only be in the federal or state courts of Los Angeles, California.
PRIVACY POLICY: Information submitted in connection with this Sweepstakes will be treated in accordance with these Official Rules and
Mobizzo's Privacy Policy (as may be amended from time to time), currently located at
www.mobizzo.com/privacy.page;
provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules
shall prevail.
NAME OF WINNER/OFFICIAL RULES: For the name of the winner (available 30 days after the conclusion of the Sweepstakes Period) and/or a copy of
these Official Rules, mail a self-addressed, stamped (#10) envelope to: "Mobizzo Ultimate Sweepstakes – Winner/Rules" (please specify if winner
or rules request), P.O. Box 295, Gainesville, VA 20156, for receipt no later than ninety (90) days after the Sweepstakes Period. Vermont residents
may omit return postage on rules requests.
SPONSOR: Jesta Digital, LLC, 6420 Wilshire Boulevard, Suite 600, Los Angeles, CA 90048
This Mobizzo "$10K" Sweepstakes #2 (the
"Sweepstakes") begins at 12:00 AM Pacific Time
("PT") on November 1, 2011 and ends at 11:59 PM PT on February 29, 2012 (the "Sweepstakes
Period"). The Sweepstakes is exclusively sponsored by Jesta Digital, LLC (the
"Sponsor").
A copy of these full Official Rules (the
"Rules") may be found at
http://www.mobizzo.com or by sending
a self-addressed postage-stamped envelope to: Mobizzo "$10K" Sweepstakes #2 – Rules, P.O.
Box 295, Gainesville, VA 20156.
1. Eligibility: The Sweepstakes is open only to legal residents of the 50 United States and DC who are
13 years of age or older at the time of entry, except for legal residents of Florida and Maine,
who must be eighteen (18) years of age or older. A minor should have his/her parent's or legal
guardian's permission to enter. Employees of the Sponsor, Trymark Consulting Group, L.L.C.,
and their respective parents, affiliates, subsidiaries, advertising and promotional agencies,
the independent judging organization, any others associated with the development and execution of
the Sweepstakes, as well as members of the immediate family (defined as spouse, children, siblings
and parents, and their respective spouses, regardless of where they reside) and household (whether
related or not) of such employees are not eligible to participate in the Sweepstakes.
2. How to Enter: During the Sweepstakes Period, you may enter in one of three (3) ways:
(i) register to become a Mobizzo Member ("Member") to automatically receive one (1) entry into
the Sweepstakes. You will be charged a monthly membership fee through your wireless carrier when
you register to become a Member. For additional details about Member registration, membership
fees and Quizzes visit the Mobizzo Member Terms and Conditions (which are incorporated herein
by this reference) at
www.mobizzo.com/terms.page. Standard text messaging
and data rates will apply for text messages and/or data sent and received. You must have a wireless
service provider with multimedia and/or text message functionality to be eligible to participate via
the WAP site and/or SMS. Check your wireless service provider for pricing plan details and
mobile phone/handset capabilities. Limit one (1) active registration per person and per mobile
phone number. Registrations received from any person or mobile phone number in excess of the
stated limitation will be void. (ii) existing Members can redeem tickets for entries, up to
the maximum number of entries permitted for the day on which you enter, as stated on the
Sweepstakes entry page. The number of tickets required per entry and the maximum number of
daily entries permitted for this method of entry may change from time to time during the
Sweepstakes Period. Or, (iii) to enter the Sweepstakes via mail (without taking a Quiz,
registering to be a Member or earning and redeeming tickets for entry), hand-print on a
3" x 5" card your first and last name, date of birth, street address, city, state, zip
code, phone number (including area code) and e-mail address (optional) and mail in a stamped
#10 envelope with proper postage affixed to Mobizzo "$10K" Sweepstakes #2, P.O. Box 597,
Gainesville, VA 20156. All mail-in entries must be postmarked by February 29, 2012 and received
by March 7, 2012 to be eligible. One (1) mail-in entry will count as the maximum number of daily
entries permitted for the day on which you enter, plus one additional entry, as stated on the
Sweepstakes entry page. The maximum number of daily entries permitted for this method of entry may
change from time to time during the Sweepstakes Period. Limit one (1) mail-in entry per person/e-mail
address per day. The maximum limit of the number of entries each person, mobile phone number and
household can obtain each day during the Sweepstakes Period, regardless of method of entry, shall
be stated on the Sweepstakes entry page. Entries received in excess of the stated daily limitation
from any person, mobile phone number or household on any given day will be void.
3. Entry Conditions: All entries become the property of the Sponsor and will not be
acknowledged or returned. Submission of erroneous or incomplete personal information will void
the submitted entry. No mechanical reproductions or facsimiles of mail-in entries will be
accepted. Entries, tickets or Quiz answers generated by script, macro or other automated means and
entries, tickets or Quiz answers by any means which subvert the entry and/or participation process
will be void. Should multiple users of the mobile phone number enter the Sweepstakes and a dispute
thereafter arises regarding the identity of the entrant, the authorized account subscriber of said
mobile phone number at the time of entry will be considered the entrant and must comply with these
Official Rules. "Authorized account subscriber" is defined as the natural person who is assigned a
mobile phone number by a wireless service provider or other organization which is responsible for
assigning mobile phone numbers for the mobile phone number associated with the submitted entry. In
the event a dispute regarding the identity of the individual who actually submitted the entry cannot
be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Entrants may be
required to submit proof of being the authorized account subscriber.
Prize: GRAND PRIZE (1): There is one (1) Grand Prize
available to be awarded: $10,000.00 (awarded in the form of a check) (Estimated Retail Value ("ERV")
$10,000.00). Prize must be accepted as awarded and is absolutely non-transferable or substitutable.
Sponsor reserves the right, in its sole discretion, to substitute the prize with one of comparable
value without prior notification. No other prize substitution is permitted. PRIZE IS AWARDED "AS IS"
WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE OFFERED, EXPRESSED OR IMPLIED BY SPONSOR. All prize
details are at Sponsor's discretion.
4. Random Drawing: A random drawing from all eligible entries received will be conducted by
Trymark Consulting Group, L.L.C., an independent judging organization, on or about March 12, 2012. The
odds of being selected as the winner depend upon the total number of eligible entries received during
the Sweepstakes Period.
5. Confirmation of Winner: The potential winner will be notified by e-mail and/or telephone
following the drawing. In the event any e-mail to selected entrant is returned as undeliverable or a
response to any given e-mail message and/or telephone message is not received by Sponsor within three (3)
business days of its date of issuance, the prize may be forfeited and, at Sponsor's discretion, another
entrant may be randomly selected. Potential winner (and, if an eligible minor, his/her parent or legal
guardian) will be required to sign and return to Sponsor, within five (5) days of date of issuance, an
affidavit of eligibility and a liability release and, where legal, a publicity release confirming, among
other things, compliance with these Official Rules, acceptance of the prize as awarded and a release of
the Released Parties (as defined below) from all liability in connection with the Sweepstakes and the prize.
Failure to return the affidavit of eligibility and a liability release within the specified period will
result in the disqualification of the selected entrant and, at Sponsor's discretion, another entrant may be
randomly selected. Following prize verification and receipt of the required documents, the prize will be
delivered at no cost. If prize is returned as undeliverable, such prize will be forfeited and, at Sponsor's
discretion, another entrant may be randomly selected. If winner is considered a minor in his/her state of
residence, the prize may be awarded in the name of his/her parent or legal guardian who will be responsible
for fulfilling all requirements imposed on winner set forth herein.
6. Personal Information: The entrant (and, if an eligible minor, his/her parent
or legal guardian), by entering this Sweepstakes and voluntarily providing his or her personal
information (including, but not limited to name, address, telephone number and e-mail address)
(collectively, the
"Entrant Information"), consents and agrees to Sponsor's collection and
use of the Entrant Information, and its transfer to Sponsor's agents, solely to administer this
Sweepstakes. No other use or disclosure will be made of Entrant Information. You may revoke your
consent to Sponsor's use of your Entrant Information at any time (which will also revoke your
participation in the Sweepstakes), and have access to or correct such information, by writing to
Mobizzo "$10K" Sweepstakes #2 - Unsubscribe, 6420 Wilshire Boulevard, Suite 600, Los Angeles, CA 90048.
See Sponsor's Privacy Policy at
www.mobizzo.com/privacy.page.
7. Miscellaneous: Proof of entry submission does not constitute proof of receipt.
No correspondence will be entered into except with the selected entrant. To request the name
of the winner (available after March 31, 2012) and/or a copy of these Official Rules, by mailing
a self-addressed, stamped #10 envelope to: Mobizzo "$10K" Sweepstakes #2 - Winner/Rules (please
specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than May 31, 2012.
Vermont residents may omit return postage on rules requests. By participating, the entrant (and,
if an eligible minor, his/her parent or legal guardian) agrees as follows: (i) to abide by and be
bound by these Official Rules, including the eligibility requirements, failing which, an entrant may
be disqualified; (ii) to abide by and be bound by all decisions of the Sponsor and judges, whose
decisions shall be final and binding in all matters relating to this Sweepstakes; and (iii) by
accepting the prize, to allow the use of the entrant's name, likeness, city and state of residence,
statements, voice and biographical data by Sponsor and its affiliates and their respective designees
in perpetuity in connection with the Sweepstakes in any media or format, whether now known or hereafter
developed, including but not limited to the World Wide Web, at any time or times without further
compensation, permission or notification, and to provide written certification to that effect. Sweepstakes
is subject to all applicable federal, state, and local laws.
8. Release of Liability: EACH ENTRANT (AND, IF AN ELIGIBLE MINOR, HIS/HER PARENT
OR LEGAL GUARDIAN) AGREES THAT SPONSOR, TRYMARK CONSULTING GROUP, L.L.C., AND THEIR
RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, THE INDEPENDENT
JUDGING ORGANIZATION, ANY OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE SWEEPSTAKES,
ADVISORS (INCLUDING FINANCIAL AND LEGAL), AGENTS, REPRESENTATIVES, RETAILERS, DISTRIBUTORS AND
SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES
AND EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") SHALL HAVE NO LIABILITY AND SHALL BE HELD
HARMLESS IN RESPECT OF ANY AND ALL MANNER OF ACTION, CAUSES OF ACTION, SUITS, DEBTS, COVENANTS,
CONTRACTS, CLAIMS AND DEMANDS, INCLUDING LEGAL FEES AND EXPENSES, WHATSOEVER, INCLUDING BUT NOT
LIMITED TO, CLAIMS BASED ON NEGLIGENCE, BREACH OF CONTRACT AND LIABILITY FOR ANY PHYSICAL INJURY,
DEATH OR PROPERTY DAMAGE WHICH THE ENTRANT OR HIS OR HER ADMINISTRATORS, HEIRS, SUCCESSORS OR
ASSIGNS MIGHT HAVE OR COULD HAVE, BY REASON OR ARISING OUT OF THE ENTRANT'S PARTICIPATION IN THE
SWEEPSTAKES OR IN CONNECTION WITH THE ACCEPTANCE OR, USE OR MISUSE OF THE PRIZE AWARDED.
9. GENERAL CONDITIONS: By participating, entrants (and, as applicable, parent/legal
guardian of any entrant who is an eligible minor) agree to: (i) be bound by these Official
Rules and the decisions of the Sponsor and its designees, which are final and binding in
all matters; and (ii) release, discharge and hold harmless the Released Parties from any
and all claims and liability whatsoever for any injuries, losses or damages of any kind
resulting from the acceptance, possession or use of the prize or participation in Sweepstakes
or in any Quiz through which such entrant earns tickets. The Released Parties are not
responsible for lost, late, incomplete, inaccurate, stolen, misdirected, delayed, undelivered,
garbled, damaged, illegible or postage-due mail, entries, tickets, Quiz answers, or text
messages; or for lost, interrupted or unavailable cable, network, server, Internet Service
Provider (ISP), wireless service provider, the Mobizzo website, and/or WAP site (collectively
the "Sites"), or other connections, availability or accessibility or miscommunications or
failed computer, cellular tower, satellite, telephone or cable transmissions, lines, or
technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer
hardware or software malfunctions, failures or difficulties, or other errors or malfunctions
of any kind whether human, mechanical, electronic, computer, network, typographical, printing
or otherwise relating to or in connection with the Sweepstakes, including, without limitation,
errors or malfunctions which may occur in connection with the administration of the Sweepstakes,
the tabulation of the number of tickets earned or redeemed, the processing of entries, registrations
or text messages, the announcement of the prize or in any Sweepstakes-related materials. The Released
Parties are also not responsible for any incorrect or inaccurate information, whether caused by Site
users, tampering, hacking, or by any equipment or programming associated with or utilized in
Sweepstakes. The Released Parties are not responsible for injury or damage to entrants' or to any
other person's computer related to or resulting from participating in Sweepstakes or downloading
materials from or use of Mobizzo. Persons who tamper with or abuse any aspect of the Sweepstakes,
Sites or who are in violation of these Official Rules, as solely determined by Sponsor, will be
disqualified and their entries/tickets will be void. If, in the judges' opinion, there is any suspected
or actual evidence of tampering with any portion of the Sweepstakes, if technical difficulties, virus,
bugs or other causes compromise the integrity of the Sweepstakes or if the Sweepstakes is unable to run
as planned for any other reason, the judges reserve the right to modify, suspend or terminate the
Sweepstakes and, if terminated, at their sole discretion, conduct a random drawing to award the prize
using all eligible, non-suspect entries received for the Sweepstakes as of the date of termination. As
a condition of participating, entrant (and, if an eligible minor, his/her parent of legal guardian) agrees
that: (i) under no circumstances 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 actual out
of pocket expenses, if any, (ii) all causes of action arising out of or connected with the Sweepstakes,
or any compensation or credit to be provided, shall be resolved individually, without resort to any form
of class action; and (iii) any and all claims, judgments, and award shall be limited to actual out of pocket
costs incurred, if any, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs.
You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these
Official Rules or the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules
or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy of any other party.
10. CHOICE OF LAW: Sweepstakes shall be governed by California substantive and procedural
law, without giving effect to any choice of law or conflicts of laws rules or provisions (whether
of the State of California or any other jurisdiction), that would cause the application of the laws
of any jurisdiction other than the State of California. By participating in the Sweepstakes, entrants
(and, if eligible minors, their parents or legal guardians) irrevocably consent that California courts
shall have personal jurisdiction over any dispute or litigation arising from or relating to the
Sweepstakes and that venue shall only be in the federal or state courts of Los Angeles, California.
Sponsor: Jesta Digital, LLC, 6420 Wilshire Boulevard, Suite 600, Los Angeles, CA 90048.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.