Contest Time is:
 
 

Contest Rules

NET10 National Audition

Official Rules

1. Eligibility: To enter the NET10 National Audition Contest (“Audition” or “Contest”), Contestants must be legal residents of the 50 United States or District of Columbia at least 13 years old at time of entry.  Employees, officers and directors of TracFone Wireless, Inc (“Sponsor” or “NET10”), Opus One Corporation (“ContestFactory”), their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, Web masters and Web suppliers, and Contest judges, their respective immediate family members (parents, spouse, children or siblings, wherever they reside) and persons living in their household (whether or not related) are not eligible. Both professional and amateur performers may enter. By entering the Contest, Contestants (and their parents/legal guardian if the entrants are minors in their jurisdiction of residence) agree to be bound by these Official Rules and the decisions of NET10 and/or the judges which are final and binding in all respects. This Contest is void where prohibited.

2. Contest: The term "Contest" shall mean a series of tournament-style Music contests created and available on www.net10nationalaudition.com web site (“Web site” or “Site”.)    Each Contestant will be required to submit his/her version of the song “My Perfect Ten,” with other Contest Materials, into this online Contest. The Contest has two categories, specifically, one in English and the other in Spanish. There is no charge or Entry Fee to enter the Contest.

The Contest for entries in both English and Spanish starts on April 9, 2007 at 12:01 a.m. Pacific Time (PT) and ends on September 14, 2007 at 11:59 p.m. PT. The Contest computer is the official time keeping device for the Contest. A day begins 12:01 a.m. PT and ends the following 11:59 p.m. PT.

3. To Enter: Contestants must submit their “Contest Materials” as directed and described on the Web site’s Contest entry page.  Go to www.net10nationalaudition.com (www.net10AudicionNacional.com for Spanish Contest)  (directly or via the link on www.net10.com).

  1. When you have accessed the NET10 National Audition Web site, click on the Register Free icon, banner or text link to be taken to the registration page. At that page, complete the registration form which includes your name, address, city, state, zip code, gender, age group, and e-mail address.  Registrants will also be asked to select a username and password. (Note: registrants are solely responsible and liable for all actions taken under their user name or password so they should maintain it as secure.) After filling out the registration form, click on the SIGNUP button. Within a few minutes registrants will receive an automatic email from the Site to authenticate and confirm their registration. Follow the instructions in the email to activate your account.
  2. Once the registration is complete and the account has been activated, if you wish to participate in the Contest as a Contestant, click on the Enter Contest button or link and you will be taken to the Contest registration page where you will find the Contestant Submission Form. On that page Contestants can submit their Contest Materials as described below.
  3. The entry information provided is subject to the Privacy Policy on the above stated Web site.  To read that Policy, access the Web site and then access the Privacy Policy.

4. CONTEST MATERIALS SUBMISSION: Contest Materials refer to, Contestant’s recording of Contestant’s version/ arrangement of the song “My Perfect Ten,” (sometimes hereafter “Song”), a photograph of Contestant, a brief description of the Contestant and/or Contestant’s version/ arrangement of the song, an essay/description about the Contestant, and if the Contestant advances to Phase 3 of the Contest, the video recording of the Contestant performing Contestant’s version/ arrangement of the song.

 About the Contest Materials and How To Submit the Contest Materials:

  1. On the Contestant Submission Form you will be asked to select your Contestant Name, which should not be your username or password. This is the name under which you would like to be identified in the Contest. You will also be asked to complete a brief description of yourself or a description of your version of the song. That description cannot exceed 40 characters. You will also be asked to complete a longer detailed essay about yourself. The essay/description about yourself cannot exceed 5000 characters and must be truthful and accurate in all respects. For both the brief description and essay, if the allowed character count is exceeded you will be immediately notified.  Further, this is the page on which you must upload your photo and song recording, as directed.  You must record your version of the song “My Perfect Ten.”  (For the purpose of the Contest a version consists the original lyrics and the original music arranged to reflect the performer’s presentation style). The recording can only contain the Contestant as a singing individual performer, and back-up music. Entries by duos, groups or bands will be disqualified. You may only submit your version of the song: “My Perfect Ten” (Shur/Woodward). Any other songs submitted will be disqualified. You may submit your version in English or Spanish; a winner will be declared in each of those categories. No other language will be accepted.  For your convenience, a free download of a version of the song sung by Erin Jaimes in MP3 format has been made available. A guitar backing track, and the music score with the words has also been made available; but you are under no obligation to download or use any of these. To download these you will need a computer with the Windows operating system, with a minimum of 10 MB of RAM.  All the downloads are free. Changing or adding to the original words or music may lead to immediate disqualification of your entry, at the sole discretion of NET10.  The recording cannot exceed 30 seconds in playing length; submission of longer recordings may lead to the song being cut off or being disqualified, as solely determined by NET10, and once submitted it cannot be altered, changed, or modified.  You must upload your version in MP3 format and the file cannot be larger than 2 MB.
  2. Your submission must be accompanied by a recent (taken not more than 1 year prior to April 1, 2006) actual photograph of you - the -Contestant - only in GIF or JPEG formats. The photo may be in black and white or in color, cannot exceed a file size of 1 MB and 100 dpi, and cannot have been altered, changed, or modified by any digital or other processing, and cannot be changed, altered or modified once submitted.
  3. If your MP3 file (or video if you advance to Phase 3) does not play, or if your photo file does not open, or if your MP3 file (or video) or photo file is corrupted, or you are unable to upload either or both of them for any reason, you absolve NET10 and ContestFactory from any responsibility, and have no rights of special entry other than the standard online entry method offered to all Contestants.  Releases, as defined below, shall not be responsible or liable for failed uploads, system downtime or other difficulties in successfully receiving and recording your Contest Materials or any part of your Contest Materials.
  4. No entries other than as stated in these Official Rules will be accepted.
  5. NET10 and ContestFactory reserve the right to cancel or reject any Contest Materials for any reason, deemed valid or appropriate by either of them, for example but not limited to, all files will be scanned for viruses, or any other features which NET10 and/or ContestFactory deem in either of their sole discretion to be potentially harmful; and any Contest Materials, or parts of any Contest Materials found to contain any such harmful features will cause the entry represented by those Contest Materials to be disqualified. Further any Contest Materials, or any part of any Contest Materials, which NET10 and/or ContestFactory deem in either of their sole discretion to be inappropriate for publication/broadcast will cause the entry represented by those Contest Materials to be disqualified.
  6. Regarding the Contest Materials (a)the optional essay must be truthful and accurate in all respects, (b)the recording (and video if Contestant advances to Phase 3) must be the actual recording of the Contestant, (c)the photograph of Contestant must be the actual photograph of Contestant (d) the Contest Materials may not violate any law, regulation or any right of any third party, including but not limited to rights of patent, copyright, trademark, publicity or privacy or portrayal in false light, and may not contain material which is defamatory, slanderous or libelous, (e)the version/arrangement of the song performed by Contestant must be the Contestant’s own original work (f) the version/arrangement may not have been published, and (g)  the remaining Contest Materials must be Contestant’s own original work (except only for a photographer of the photo submitted and the videographer for the video submitted, in which cases the Contestant must have secured in writing permission to use those Materials in accordance with these Rules); and each Contestant (and Contestant’s parent/legal guardian if Contestant is a minor) warrants and represents that his/her Contest Materials comply with all of these conditions in all respects.
  7. By submitting Contest Materials each Contestant (and Contestants parent/legal guardian if Contestant is a minor) grants permission to post his/her name, and the Contest Materials on the Site for the purposes stated in these Rules. Each Contestant (and Contestants parent/legal guardian if Contestant is a minor) warrants and represents that he/she has obtained in writing all rights, approvals and/or consents necessary to submit the Contest Material in the Contest, and grant the stated permission to post the Contest Materials (for example but not limited to, rights of the photographer who has taken the photo submitted by the Contestant, and/or rights of a videographer who has taken the video of Contestant submitted by the Contestant) and that should Sponsor at any time request that any Contestant provide any such rights, approvals and/or consents in written form, Contestant will provide them in written form in the time specified in that request.
  8. By submitting Contest Materials the Contestant (and Contestants parent/legal guardian if Contestant is a minor) warrants and represents that he/she is not signed to a contract or bound by any other contractual obligation that would prohibit entering the Contest. Contestants (and Contestants parent/legal guardian if Contestant is a minor) further agree not to bring any copyright infringement action or other related claim against NET10 or ContestFactory which is based, in whole or in part, on net10NationalAudition.com’s access to the Contest Materials.
  9. Multiple submissions to the Contest by the same Contestant are allowed, as long as the submissions are in different Phase 1 Tournament Groups, provided each such submission is unique, as solely determined by Sponsor.
  10. Contest Materials will become the property of Sponsor, and will not be acknowledged or returned. Contestants, by submitting their song auditions, hereby grant to NET10, its respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, Web masters and Web suppliers, its successor, assigns and licensees the perpetual right to use at any time, at NET10’s sole discretion, the entire or some sections of their audition song, video, photo, name and likeness in or in connection with NET10 advertising and marketing campaigns without any compensation.


The Contest will have 3 Phases:

Phase 1: Contest Materials will be posted on the Site beginning April 9, 2007 at 12:01a.m. PT  through July 20, 2007 at  11:59 p.m. PT. Contest Materials must be received and recorded by the Contest computer by July 20, 2007 at 11:59 p.m. PT to be eligible, and Contest Materials will not be accepted thereafter.

  1. Contestants compete in a series of tournament style contests (“Tournament Groups”), e.g. Tournament Group 1, Tournament Group 2, and Tournament Group 3.
  2. Each Tournament Group consists of 3 Rounds: Quarter- Final, Semi-Final, and Final.
  3. The competition in each Tournament Group will start as soon as 8 contestants have submitted their Contest Material, and that material is received and recorded by the Contest computer.  The 8 contestants will be randomly paired in 4 matches in the Quarter-Final Round of a Tournament Group with 2 contestants in each match. Should, however, there be insufficient Contestants to form a Group containing 8 Contestants, that Group will continue with the number of Contestants available for that Group in a manner fairly and equitably determined solely by Sponsor.

  4. Each Round lasts 4 days, i.e. total of 12 days to complete a Phase I Tournament Group.  At the end of the Quarter-Final Round, one contestant from each match will be determined as the winner of that match.  The winners of the Quarter-Final Rounds are automatically entered into the Semi-final matches: winners of Match 1 and Match 2 of the Quarter-Final Round are entered in Match 1 of the Semi-Final Round and winners of Match 3 and Match 4 of the Quarter-Final Round are entered in Match 2 of the Semi-Final Round. The Phase 1 Tournament Group Semi-Final Round winners will be determined in the same manner, with Semi-Final Round match winners advancing to the Final Round.

  1. The winners of each match in the Phase 1 Tournament Group will be decided by the combination of votes of panel of “Judges” and registered users.
  2. Three or more Judges will vote in each match, each Judge scoring a contestant with one score between 1 to 10, (10 being best) for each of the following criteria: Vocal Quality and Originality of Presentation.  The scores of the 3 Judges for each contestant will then be averaged and will be given a weight of 50% for the determination of the winner of each match.  Judges can only score once in each match.
  3. Registered users of the Site will also vote for their favorite contestants in the matches.  The votes of the registered users will carry a 50% weight in the determination of the winner of each match. The English language and the Spanish language Contestants who receive the highest combined judge and registered user scores will be declared the respective winners.
  4. In the event of a tie, the tied entry with the highest score in the vocal quality criterion will be declared the winner. If tie continues then the tied entry with the highest score in the originality of presentation will be declared the winner. Should a tie continue, a new judge will judge the tied entries based on the original criteria.

Phase 2: Contest Materials will be posted on the Site beginning August 3, 2007 through August 14, 2007.

  1. Depending on the number of Phase 1 winners, the Phase 1 winners will be randomly entered in one or more Phase 2 Tournament Groups.  The configuration of the Phase 2 Tournament Groups, i.e. the number of Phase 2 Tournament Groups, the number of Rounds in each Tournament Group, the number of matches in each Round, and the number of Contestants in each match will be determined on or about August 2, 2007, based on the number of Phase 1 winners.  The configuration of the Phase 2 Tournament Groups, and the number of Contestants in each Group, will be one or more of the following.  The Tournament Group may have between 1 to 4 Rounds where:
  1. a 1-Round Tournament Group will have 1 match
  2. a 2-Round Tournament Group will have 3 matches (2 matches in Round 1 and 1 match in Round 2)

  3. a 3-Round Tournament Group will have 7 matches (4 matches in Round 1, 2 matches in Round 2 and 1 match in Round 3)

  4. a 4-Round Tournament Group will have 15 matches (8, matches in Round 1, 4 matches in Round 2, 2 matches in Round 3 and 1 match in Round 4)

  5. Regardless of the number of Rounds, each match in the first Round may have between 2 to 5 contestants, randomly picked from Phase 1 winners and placed into each match of the Phase 2 Tournament Groups.

  6. Should, however, there be insufficient Contestants to form a Group with the same number of Contestants in all of the other Groups, that Group will continue with the number of Contestants available, in a manner determined solely by Sponsor.
  1. Winners of the Phase 2 matches are decided in the same manner as in described in Phase 1 above.
  2. Winners of each Phase 2 Tournament will be notified by email on or about August 15, 2007, and will be then required to provide a video of himself/herself performing the song. The notification will advise if a video is required, and the date and time when the video must be received and recorded by Sponsor’s computer. Should a video be requested but not received and recorded by Sponsor’s computer as stated, that Contestant may be disqualified as determined solely by Sponsor.

Phase 3: Contest Materials  will be posted on the Site beginning August 28, 2007 through September 17, 2007.

  1. Phase 3 will only consist of one Tournament Group, in which the Phase 2 winners (Finalists”) are randomly entered. Each Phase 3 Contestant will be required to submit a video of himself/herself singing the song. The video must be made at Contestant’s expense.  Submission of the video will also be online onless otherwise approved in writing by Sponsor; can be no longer than 40 seconds in play length, cannot exceed a file size of 6MB, and must be a wmv, avi or Quicktime format. The quality of the submission video’s production will not be a factor for the judging panel, and we encourage Contestants to focus on the quality of their singing and performance to camera.
      
  1. The configuration of the Phase 3 Tournament Group, i.e. the number of Rounds in the Tournament Group, the number of matches in each Round, and the number of contestants in each match will be determined on or about August 27, 2007 and will depend on the number of Phase 2 winners.  The configuration of the Phase 3 Tournament Group will be one of the following.  The Tournament Group may have between 1 to 4 Rounds where:
  1. a 1-Round Tournament Group will have 1 match
  2. a 2-Round Tournament Group will have 3 matches (2 matches in Round 1 and 1 match in Round 2)

  3. a 3-Round Tournament Group will have 7 matches (4 matches in Round 1, 2 matches in Round 2 and 1 match in Round 3)

  4. a 4-Round Tournament Group will have 15 matches (8, matches in Round 1, 4 matches in Round 2, 2 matches in Round 3 and 1 match in Round 4)

  5. Regardless of the number of Rounds, each match in the first Round may have between 2 to 5 contestants, randomly picked from Phase 1 winners and placed into each match of the Phase 2 Tournament Groups.

  6. Should, however, there be insufficient Contestants to form a Group with the same number of Contestants in all of the other Groups, that Group will continue with the number of Contestants available, in a manner determined solely by Sponsor.
  1. The winners of each match in the Phase 3 Tournament Group will be decided by the combination of votes of Panel of Judges and registered users.
  2. Three or more Judges will vote in each match, each Judge scoring a contestant with one score between 1 to 10, (10 being best) for each of the following criteria: Vocal Quality, Originality of Presentation, and Camera Presence.  The scores of the 3 Judges for each contestant will then be averaged and will be given a weight of 75% for the determination of the winner of each match.  Judges can only score once in each match.
  3. Registered users of the Site will also vote for their favorite contestants in the matches.  The votes of the registered users will carry a 25% weight in the determination of the winner of each match. The English language and the Spanish language Contestants who receive the highest combined judge and registered user scores will be declared the respective winners.
  4. In the event of a tie, the tied entry with the highest score in the vocal quality criterion will be declared the winner. If tie continues then the tied entry with the highest score in the originality of presentation will be declared the winner. If tie still continues then the tied entry with the highest score in the Camera Presence will be declared the winner.  Should a tie continue, a new judge will judge the tied entries based on the original criteria.
  5. Winner will be notified by email on or about September 18, 2007.

5. Prizes: The 2 Winners (one for the English winner and one for the Spanish winner) will each receive the following:

  • A trip to Miami or Los Angeles for winner and one (1) guest consisting of round trip coach air transportation for two (2) people (from the commercial airport nearest winner’s U.S. residence, as determined by Sponsor in its sole discretion), standard double-occupancy hotel accommodations for two (2) nights, and $500 spending money awarded in the form of a check to winner. Approximate Retail Value of the Prize is $2000 each. Actual value of prize will depend on final itinerary, and any difference between the stated value and actual value will not be awarded. Travel dates will be determined by Sponsor and winner will be provided advance notification thereof. Travel/hotel accommodations and transportation are subject to availability, change, restrictions, and are at the sole discretion of Sponsor.  Trip cancellation insurance, meals, gratuities and all other costs and expenses not specified herein are solely winner’s responsibility.  If winner is a minor in his/her jurisdiction of residence, winner must be accompanied by winner’s parent or legal guardian. Winner and guest must travel on the same itinerary, and must comply with all security requirements.

  • A Motorola C261 phone with one year of activated service and 400 minutes.

  • Winners, at the sole discretion of Sponsor, may have the opportunity to:

    • Participate in the TV production shoot for NET10’s next TV commercial

    • Appear in the new NET10 commercial as it is run on television (including in-store television), with a name credit for the singer, and on-camera exposure during part or all of the commercial. The duration of the singer’s on-camera appearance in the commercial, if any, shall be at the sole discretion of NET10.

    • The Winner of the Spanish Contest may, at Sponsor’s sole discretion, receive exposure in a NET10 Spanish commercial.

  • Taxes on the prize are the sole responsibility of the winner.

  • If a winner cannot accept prize as stated prize will be forfeited in its entirety and awarded to an alternate winner, in accordance with the winner determination provisions, above.

  • Prize cannot be transferred, substituted or redeemed for cash or credit.

  • If a winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner’s parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner.

  • Sponsor, at the sole discretion of the Sponsor, reserves the right to substitute prize of equal or greater value.

6. Contest Winner Conditions: Contest Winner (and winner’s parent/legal guardian if winner is a minor) must complete, execute and return an Affidavit of eligibility, a Liability Release and, where lawful, Publicity Release within 14 days of receipt of the documents  Return of the documents or prize as non-deliverable, failure to return the documents timely, or if winner is found to be ineligible or not in compliance with these Official Rules or is otherwise ineligible may result in disqualification and the and awarding of the prize to an alternate winner. Trip winner’s travel companion must complete, sign and return a Liability Release, and where lawful, Publicity Release, prior to issuance of travel documents. If travel companion is a minor in his/her jurisdiction of residence Releases must be completed and signed, by his/her parent/legal guardian both on behalf of himself/herself and the minor, and minor’s parent/legal guardian may be required to travel with the minor at parent/legal guardian’s expense. When a travel companion is determined, that travel companion cannot be changed for any reason without the approval of Sponsor, which may be withheld for any reason whatsoever.   Further, by entering, Contestants (and Contestant’s parent/legal guardian if Contestant is a minor)  release and agree to indemnify and hold harmless Sponsor, NET10, net10NationalAudition.com, ContestFactory.com, their respective parents, affiliates, subsidiaries, retailers, franchisees, sponsors, advertising and promotion agencies and all their respective directors, officers, employees, representatives and agents (individually and collectively “Releasees”) from any and all liability for any injuries, losses or damages (including direct, indirect, incidental, consequential or punitive damages, and attorney’s fees) of any kind to person(s), including death, and property, or for breach of any representation or warranty, or violation of intellectual property or personal rights (such as but not limited to, copyright, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light)  arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related or travel related activity, or participation in this Contest. By accepting a prize, where permitted by law, each winner (and each winner’s parent/legal guardian if winner is a minor) grants to Sponsor,  and those acting pursuant to Sponsor’s authority, and/or direction or control the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web and Internet, at any time or times, the winner's full name, portrait, picture, voice, , likeness and video of same, and biographical information, and Contest Materials (and notwithstanding anything to the contrary in these Official Rules license the use of the Contest Materials, which may be altered, changed, modified, edited, used individually, or alone, or together or with other works, and/or in distorted form, as solely determined by Sponsor), as news or information and/or for advertising, trade and promotional purposes without additional consideration, and without review, approval or notification.  Contest Materials of each Contestant will be deemed a Work Made For Hire under the Copyright laws of the United States, but if they cannot be so deemed, then each winner (and the winner’s parent/legal guardian if winner is a minor) irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to each of his/her Contest Materials, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  Winners (and each winner’s parent/legal guardian, if winner is a minor) hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the winners (and the winner’s parent/legal guardian if winner is a minor) may now or later have to or in any of their Contest Materials. Upon request of Sponsor, winner(s) (and the winner’s parent/legal guardian if winner is a minor) shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to each of the Contest Materials and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules.  Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from each winner (and the winner’s parent/legal guardian if winner is a minor) that the winner secure from the photographer and/or videographer an irrevocable assignment and transfer to Sponsor all of the photographers and/or videographers right, title and interest in and to the winner’s Contest Materials, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  The photographer and/or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the photographer and /or videographer may now or later have in the Contest Materials.  Should Sponsor fail to request the said photographer and/or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

 7. Limitations of Liability: Releasees are not responsible for lost, late, incomplete, separated, stolen, misdirected, illegible or non-delivered, email or registration information or Contest Materials; or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections, or availability, or for garbled, corrupted, delayed, misdirected or jumbled transmissions, or service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or  unauthorized human intervention, or the incorrect or inaccurate capture of registration information, Contest Materials or other information, or the failure to capture, or loss of, any such Materials or information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or use of the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or Web site; to be in violation of the Conditions of Use of the Web site to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry or registration methods will void all such entries by such methods, and disqualify any Contestant using such methods. Releasees not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Web site. In the event of a dispute, Contest Materials will be declared as submitted by the authorized account holder of the email address used or the password/user name used to submit the entry at time of entry as solely determined by Sponsor. "Authorized account holder" is defined as the natural person who is assigned to the email address by the Internet access online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address and the pass word/user name is the password/user name selected by a Contestant at time of registration.

If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, strikes, acts of God, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the winners from entries received prior to the action taken or as otherwise may be deemed fair and equitable by Sponsor. IN NO EVENT WILL RELEASEES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE  OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Choice of Law/Dispute Resolution: Except where prohibited, by participating Contestants (and Contestants parent/legal guardian if Contestant is a minor) agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Contestant(s) Releasees shall be governed by and construed exclusively in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law in any jurisdiction. You agree that any action at law or in equity arising out of or relating to this Contest shall be filed only in the state or federal courts located in Dade County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by using the participating in this Contest you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any Contestant be permitted to obtain awards for and hereby waives 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.

9. Winners List: The list of the winners will be posted on the Web site. The list is also available by sending a self-addressed, stamped envelope to:
NET10, 8390 N.W. 25th Street, Miami, Florida  33122, for receipt by 12/30/05.

Sponsor:  NET10, 8390 N.W. 25th Street, Miami, Florida  33122
 

For questions contact us at: customerservice@Net10NationalAudition.com.

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