Virgin Mobile “FREE.I.P. Challenge East”

OFFICIAL RULES

 

No purchase necessary to PARTICIPATE or win.  Void outside the ONE HUNDRED (100)-mile radius of EACH OF THE FOLLOWING CITIES: Boston, MA, New York City, NY and Philadelphia, PA and where prohibited.

 

1. The Virgin Mobile “FREE.I.P. Challenge East” (“Challenge”) begins 12:00 AM Eastern Time (“ET”) July 6, 2009 and ends 11:59 PM ET August 2, 2009 (“Challenge Period”).     

 

2. Eligibility:  Challenge is open only to legal residents of the United States residing within one hundred (100) miles of one of the following cities: Boston, MA, New York City, NY or Philadelphia, PA who are 16 years of age or older.  Employees of Virgin Mobile USA, L.P. (“Sponsor”), Trymark Consulting Group, L.L.C. and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of any of the foregoing individuals, whether or not related, are ineligible to participate or win a prize.  Eligible minors must obtain their parents’ or legal guardians’ permission prior to participating.  Void outside the area specified above and where prohibited by law.  Subject to all applicable federal, state and local laws and regulations. Participants in the Challenge will be divided into the one hundred (100)-mile radius of each of the following regions: Boston, MA, New York City, NY and Philadelphia, PA (each, a “Region”).

 

3. How to Participate:  During the Challenge Period, volunteer for at least thirteen (13) hours and/or prepare and submit at least thirteen (13) Service Assistance Kits (each, a “Service Kit”) to help end youth homelessness at one of the following Virgin Mobile RE*Generation charitable partners in your area (organization restrictions and/or qualifications may apply):

 

To participate, participants are required to complete a Volunteer Sign-up Form (provided at www.virginmobilefreefest.com/freeip) and select their assignment(s). During the sign-up process, participants must provide their first and last name, date of birth, complete mailing address, e-mail address and phone number (including area code).  Once the sign-up form is approved, participant will receive an e-mail containing a link to access their account.  Participants will be required to track and log their volunteer time on their account during the Challenge Period.   Participants will be able to view details about preparing and submitting Service Kits during the sign-up process or by logging into his/her account.  Participants are responsible for transportation to/from the volunteer site and for submitting their Service Kits.  Participants must complete the required volunteer hours (and/or assemble the Service Kits) and log in and submit volunteer hours online by 11:59 PM ET August 2, 2009 and/or submit completed Service Kits at the times specified by applicable charitable partner and no later than 11:59 PM ET August 2, 2009 to be eligible.  If a participant chooses to volunteer by assembling Service Kits, he/she must follow the specific instructions provided under the project descriptions on the website and submit a completed Service Kit Reporting Form when he/she drops of the kits at the charitable partner (participant should keep the receipt portion of the form for their records).  One (1) accepted Service Kit will be equal to one (1) hour of volunteer work. Acceptance of a completed Service Kit will be solely determined by the applicable charitable partner in its sole discretion.  Hours accumulated by preparing Service Kits will be entered by the volunteer and verified by an authorized representative of the applicable charitable partner.  Decisions with respect to exact number of hours accumulated via accepted Service Kits will be determined by the applicable partner, in its sole discretion. An authorized representative from the applicable organization will review and confirm volunteer time logged by each participant.  Submission of erroneous or incomplete informa­tion will result in disqualification. Limit one (1) account per person and per e-mail address for the duration of the Challenge Period.  If multiple accounts are created by any person or e-mail address, only the first such account will be eligible.  Except as otherwise provided herein, Sponsor will not enter into any correspondence with a participant regarding an account.  Sponsor reserves the right in its sole discretion to disqualify any participant that does not comply with these requirements or these Official Rules.

 

Winner Determination: The twenty (20) participants in the New York City, NY Region who earned the most volunteer hours by volunteering and/or submitting Service Kits, as determined by Sponsor in its sole discretion, will be deemed the potential winners for the New York City, NY Region, The twenty (20) participants in the Boston, MA Region who earned the most volunteer hours by volunteering and/or submitting Service Kits, as determined by Sponsor in its sole discretion, will be deemed the potential winners for the Boston, MA Region. The ten (10) participants in the Philadelphia, PA Region who earned the most volunteer hours by volunteering and/or submitting Service Kits, as determined by Sponsor in its sole discretion, will be deemed the potential winners for the Philadelphia, PA Region.  A minimum of thirteen (13) volunteer hours are required to be eligible to win a prize.  In the event there is a tie such that more than one participant has volunteered the same number of hours in applicable area for any Region, the participant who submitted his/her sign-up form first (as determined by Sponsor) will be deemed the potential winner.  Decisions of Sponsor are final and binding in all matters relating to the Challenge.  Sponsor reserves the right to not award all prizes for any Region if, in its sole discretion, it determines that there is not a sufficient number of qualified and eligible participants for that Region.  Prize awards are subject to verification of eligibility and compliance with these Official Rules.

 

4. Prize Details: 

Boston, MA Region Grand Prize package (20):  Each Grand Prize package consists of a trip for two (2) to Columbia, MD from August 30, 2009 to August 31, 2009 to attend the Virgin Mobile FreeFest.  The trip consists of the following: roundtrip ground transportation via Charter Bus for two (2) (winner and one (1) guest) to Columbia, MD; standard double occupancy accommodations (one (1) room) for two (2) days and one (1) night at a hotel designated by Sponsor; and two (2) VIP tickets to attend the Virgin Mobile FreeFest at the Merriweather Post Pavilion in Columbia, MD scheduled to take place on August 30, 2009.  Total Estimated Retail Value (“ERV”) of each Grand Prize Package is $300.00.

New York City, NY Region Grand Prize package (20):  Each Grand Prize package consists of a trip for two (2) to Columbia, MD on August 30, 2009 to attend the Virgin Mobile FreeFest.  The trip consists of the following: roundtrip ground transportation via Charter Bus for two (2) (winner and one (1) guest) to Columbia, MD and two (2) VIP tickets to attend the Virgin Mobile FreeFest at the Merriweather Post Pavilion in Columbia, MD scheduled to take place on August 30, 2009.  Total ERV of each Grand Prize Package is $200.00.

Philadelphia, PA Region Grand Prize package (10):  Each Grand Prize package consists of a trip for two (2) to Columbia, MD on August 30, 2009 to attend the Virgin Mobile FreeFest.  The trip consists of the following: roundtrip ground transportation via Charter Bus for two (2) (winner and one (1) guest) to Columbia, MD and two (2) VIP tickets to attend the Virgin Mobile FreeFest at the Merriweather Post Pavilion in Columbia, MD scheduled to take place on August 30, 2009.  Total ERV of each Grand Prize Package is $150.00.

 

Total ERV of all prizes combined is $11,500.00.  Actual value of may vary based on point of departure.  Any difference between stated value and actual value will not be awarded.  Travel must be made through Sponsor’s agent, on the bus line of Sponsor’s choice.  Each winner and his/her guest must travel together on same itinerary.  If a winner is a minor, the prize will be awarded to his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein and such minor must accompany parent or legal guardian on trip as his/her guest. Each guest must execute and return a liability/publicity release prior to travel. Each guest must be of legal age of majority in his/her state of residence (and at least 18), unless the child or legal ward of winner. If guest is the child or legal ward of winner, winner will be required to execute and return all required documents on behalf of such child or legal ward. Trip must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner.  If a potential winner is unable to travel on dates specified by Sponsor, the Grand Prize Package will be forfeited and Sponsor will have no further obligation to such winner.  Time permitting, Sponsor will use reasonable efforts to award prize to the next runner-up for the applicable Region(s).  Each winner and guest is responsible for obtaining all required travel documents prior to travel.  Each winner and his/her guest must travel together on the same itinerary. Each winner is responsible for all costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, any additional ground transportation, meals, gratuities and souvenirs.  Festival tickets are subject to terms and conditions specified by issuer.  Tickets entitle winners access to a preferred viewing area but do not guarantee an assigned seat.  Viewing areas may consist of seats as well as standing room.  Each winner and guest must comply with all applicable venue rules and regulations.  Sponsor reserves the right to remove or to deny entry to any winner and/or their guest if either engages in disruptive manner, or acts with intent to annoy, abuse, threaten or harass any other person at the venue.  If, for whatever reason the event is cancelled, Sponsor will not be required to provide any substitution, the remainder of prize package will not be awarded and Sponsor shall have no further obligation to winners.  Certain travel restrictions may apply.  Prize is not transferable, substitutable or redeemable for cash, except by Sponsor which reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value.  All prize details are at Sponsor’s sole discretion.  Limit one (1) prize per person, per household and per e-mail address for the entire Challenge Period.


5. Winner Notification: Potential winners may be required, in the sole discretion of the Sponsor, to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within three (3) days of date of issuance of those documents or prize may be forfeited and, at Sponsor’s discretion, awarded to the next runner-up. Potential winners will be notified by e-mail or phone. In the event that any e-mail to a potential winner is returned as undeliverable, any phone number provided by a potential winner is incorrect or no longer in service, a response to any given e-mail or phone call is not received within three (3) days of date of its issuance, required documents are not executed and returned within the specified time period or a potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, awarded to the next runner-up for the applicable Region(s).


6. General Rules:  By participating, participants (and, if eligible minors, their parents or legal guardians) agree as follows:  a) to abide by these Official Rules and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of their names and/or likenesses and/or biographical data by Sponsor and its designees for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world without limitation at discretion of Sponsor without compensation, permission or notification (except where prohibited by law); and c) that Sponsor, Trymark Consulting Group, L.L.C. and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and each of their respective officers, directors, shareholders, agents, and employees (collectively, the “Released Parties”) shall have no liability to participant and participant shall indemnify and hold harmless the Released Parties from and against any damage, loss or injury resulting, in whole or in part, directly or indirectly, from participation in this Challenge (or any travel or activity-related thereto), violation of these Official Rules, the use or misuse of any prize or Released Parties’ use of any rights granted herein.  Released Parties are not responsible for lost, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, problems or errors related to participation in the Challenge or other errors or problems of any kind whether typographical, printing, human, mechanical, computer, electronic or otherwise relating to or in connection with the Challenge, including, without limitation, errors or problems which may occur in connection with the administration of the Challenge, the processing of data, any errors related to tabulation, confirmation or review of volunteer hours (including submission of Service Kits), the announcement of the prizes or in any Challenge-related materials or for any damage to participant’s or other person’s hardware or software as a result of participation. Released Parties are not responsible for entries that are late, lost, stolen, incomplete, inaccurate, undelivered, misdirected, garbled or delayed by computer transmissions.  Persons found tampering with or abusing any aspect of this Challenge or who are in violation of these Official Rules as solely deter­mined by the Sponsor will be disqualified and all associated volunteer hours will be void.  In the event the Challenge is compromised by virus, bugs, non-authorized human inter­vention or other causes which corrupt or impair the administration, security, fairness or proper conduct of the Challenge, Sponsor reserves the right in its sole discretion to suspend or terminate the Challenge or any portion thereof and/or terminate the participation of any participant (and void his/her entry) whose conduct potentially compromises the Challenge and, if terminated, at Sponsor’s discretion, determine the winners for the Region(s) at issue from all eligible, non-suspect volunteer hours received by participants for the applicable Region(s) up to time of such action using the procedures outlined above.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by a participant to damage the website or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) to the fullest extent permitted by law.

 

7. As a condition of participating, PARTICIPANT (AND, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) agrees that a) under no circumstances will PARTICIPANT be permitted to obtain awards for, and PARTICIPANT hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out of pocket expenses, if any, and b) all causes of action arising out of or connected with this CHALLENGE, or any compensation or credit to be provided, shall be resolved individually, without resort to any form of class action; and c) any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, AND in no event SHALL PARTICIPANT BE ENTITLED TO RECEIVE attorneys’ fees OR OTHER LEGAL COSTS OR EXPENSES.

 

8. Information submitted in connection with the Challenge will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at http://web.virginmobileusa.com/about/privacy; 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.

 

9. Winners’ List:  For the names of the winners (available after August 30, 2009) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to:  Virgin Mobile “FREE.I.P. Challenge East” - Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA  20156, for receipt no later than October 31, 2009.

 

10. Sponsor:  Virgin Mobile USA, L.P., 10 Independence Blvd., Warren, NJ  07059.

 

Promoter:  Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA  20156.