BASKETBALL TICKETS SMS SWEEPSTAKES TERMS OF USE ("Terms")

These Terms govern your participation in short messaging service (SMS) Basketball Tickets SMS Sweepstakes (the "Service"). By opting in to this service, you signify your agreement to these Terms, as well as to the terms set forth in the WASP Mobile Privacy Policy. In addition, these Terms may be supplemented or amended at any time without notice.

TABLE OF CONTENTS

1. Availability
2. How To Enter
   2a.) SMS Text Messaging Entry Method
   2b.) No Purchase Necessary, Mail In Entry Method
   2c.) Sweepstakes Drawings\Entry Period
3. Sweepstakes Prize
   3a) Grand Prize Restrictions
4. Prize Awarding
5. Rates and Charges
6. Privacy
7. Indemnification
8. Disclaimer of Warranties and Limitation of Liabilities
9. Discontinuation or Termination of Service
10. Opt-Out
11. Basketball Tickets SMS Sweepstakes Help/FAQs
12. Tax Information
13. General Information
14. Winners List

1. Availability The Service is available to users on the following major wireless carriers in the United States: AT&T, Sprint, Verizon Wireless, T-Mobile, Nextel, Boost, US Cellular, and Cellular One.

THIS CAMPAIGN IS NOT SUPPORTED BY VIRGIN MOBILE AT THIS TIME

To participate in the Service, you must have a wireless subscription with a participating wireless carrier as described above. In addition, you must provide all equipment necessary to connect to the Service, including, but not limited to, a wireless access device equipped with an active two-way short messaging service.  Pre-paid wireless consumers may not participate in this program.

The Promotion is open to legal residents of the United States residing in the United States and the District of Columbia (excluding Puerto Rico, Alaska, Georgia, Hawaii and all other territories) who are 18 years of age or older at the time of Promotion registration and not a minor in his/her state of residence. Employees, officers and directors of WASP Mobile, LLC., their respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By entering the Promotion, participants agree to release, discharge and hold harmless WASP Mobile, LLC., their respective parents, affiliates, subsidiaries, retailers, agencies and their respective officers, directors, employees and agents, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes. By participating, you agree to these Official Rules and to the decisions of the independent judges whose decisions are final and binding in all respects. Void in Alaska, Georgia, Hawaii, Puerto Rico, all other territories and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.

2. How To Enter No purchase necessary to play. LIMIT: Ten (10) entries per person/per Entry Period (defined below in Section #2c) regardless of entry method. Subsequent entries from the same person or cell phone number will be disqualified. Potential winners who are discovered during prize verification to have entered or attempted to enter more than the amount permitted in these Rules may be disqualified at the sole discretion of the Sponsor. Entries submitted by SMS are subject to your carrier's rate plan and terms and conditions.

There are two (2) methods of entry for this Promotion:

Text "basketball" to 35682 for your chance to win basketball tickets

2a.) SMS Text Messaging Entry Method:
If you have a two-way text messaging capable cell phone from participating Wireless Carriers as described above, you may enter the Promotion by sending a text message with the keywords "Basketball" to the SMS short code "35682". Depending on your wireless phone carrier, prior to receiving a sweepstakes entry, an acknowledgement message may be sent to your phone via text messaging, which will include a disclosure of the premium text messaging charge ($.99 each) and a request for you to accept the charge. If you receive a request to accept the charge, you must reply before the sweepstakes entry can be completed. Upon receipt of your reply, you will receive one (1) entry into the Sweepstakes. You will then receive a "thank you" text message including confirmation of entry.

Billing Method: Charges for campaign appear on subscribers wireless service provider bill for all participating carriers; Alltel, Verizon Wireless, Sprint, Nextel, Boost, T-Mobile, Cellular One, and AT&T.Each participating carrier will bill $0.99 per sweepstakes entry. Consult your wireless service provider for details regarding your individual wireless service and associated SMS charges.

2b.) No Purchase Necessary, Mail In Entry Method:

To enter, free, without using text messaging on a text messaging capable phone, hand print your name, address, day and evening phone numbers, e-mail address (if available), and age on a 3" X 5" piece of paper and send it in a properly stamped envelope to WASP Mobile, Attn: Basketball Ticket Contest, 6421 Congress Ave, Suite 201, Boca Raton, Florida, 33487 ("Campaign/Event Address"). Limit one entry per envelope per Promotion Period. Mail-in entries must be postmarked no later than the last day of the Promotion Period, and received no later than five (5) days after the last day of the Promotion Period.

Electronic entries will be deemed made by the authorized account holder of the phone number submitted at time of entry. SMS entries will be deemed made by the authorized account holder of the phone number from which the SMS is sent. In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the email address or phone number submitted at time of Promotion entry. The authorized account holder is defined as the natural person who is assigned a phone number by an Internet access provider, online or phone service provider or other organization that is responsible for assigning phone numbers, the domain associated with the submitted email address, or phone number. A potential winner must provide Sponsor with satisfactory proof that he/she is the authorized account holder of the phone number associated with the potentially winning Promotion entry. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any attempt by a person to use multiple phone numbers to register more than once may result in disqualification at the sole discretion of the Sponsor upon verification of prizewinners. By entering the Promotion, entrant recognizes and agrees that the registration information provided by entrant will be made available to Sponsor; use of such information will be governed by Sponsor's privacy policy.

2c.) Sweepstakes Drawings\Entry Period:

On November 30, 2009, there will be one (1) electronic randomized drawing held to select one (1) Grand Prize winner from all eligible entries received during the Promotion Period. 

All entries must be recieved between 12:00 am EST October 1st 2008 to 12:00 pm EST November 30th 2009

Odds of winning depend on the number of eligible entries received. Dates are subject to scheduling changes. In the event the Promotion is cancelled after the Promotion has begun, all remaining Grand Prize(s) will be awarded from among those eligible entries received prior to cancellation. Sponsor reserves the right to decide the method and means by which the Grand Prize(s) will be awarded.

3. Sweepstakes Prize - Grand Prize Winner will receive 2 tickets to attend one basketball game. Prize does not include travel expenses, hotel accommodations or local ground transportation. Approximate Retail Value (ARV) of prize is $200. The difference between the ARV and actual value of the prize will not be awarded on its absolute sole discretion.

3a) Grand Prize Restrictions:

Winner must be able to attend the designated basketball game determined by Sponsor. The prize will not include air or ground transportation and no substitution or compensation will be provided. Prizes are awarded "as is" with no warranty or guarantee, either express or implied.

Total ARV of all prizes is $200.

PRIZES MAY BE SUBSTITUTED BY THE SPONSOR AT SPONSOR'S SOLE DISCRETION FOR ITEMS OF EQUAL OR GREATER ARV.

4. Prize Awarding Limit of one (1) Sweepstakes Prize may be won per household. Prizes will only be awarded upon winner verification and final approval. No prize substitution, cash equivalent of prizes, transfer or assignment of prize permitted, except by Sponsor in its sole discretion, due to prize unavailability for any reason, and only then for a prize of equal or greater value. All potential winning entrants, regardless of entry method, will receive notice of win via the phone number provided online or the cell phone number used to enter. Promotion Administrator will make one (1) attempt to contact the potential Grand Prize winners, and the selected winner must agree (where permitted by law) to allow his/her name, home city and state to be used for promotional purposes. Potential winning entrants must be able to receive an unlisted call from the Promotion Administrator to be eligible. If Promotion Administrator is unable to reach a potential Grand Prize winner via phone within 5 business days, he/she will be disqualified, and an alternate will be selected. Potential winners must verbally confirm all registration information is true and correct and certify that he or she meets all eligibility requirements defined in Section 1. After providing verbal confirmation potential winner will be sent via United States Postal Mail and/or overnight mail the Official Affidavit of Eligibility/Compliance & Publicity/Liability Release forms. These forms must be completed, signed, notarized and returned to WASP Mobile, LLC. within (10) days. The potential Grand Prize winner then and only then becomes the "winner." If the potential winning entrant of the Sweepstakes Grand Prize cannot be contacted; is ineligible; fails to return the completed and executed Affidavit and Release; fails to claim the prize; if the Prize Notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize will be awarded to an alternate potential winner. Entrants grant Sponsors the right to use and publish winner's proper name and State of residence online and/or on broadcast television in connection with the Promotion. Acceptance of a prize constitutes permission for Sponsor and its affiliates to use winners' names and likeness solely for advertising and promotional purposes as Sponsor so determines without notice or further compensation, except where prohibited by law. All information collected will be treated in a manner consistent with Sponsor's privacy policy. In the event of dispute, an entry will be deemed to have been made by the authorized holder of the e-mail account and/or cell phone number at the time the entry was made. All decisions of the judges shall be binding and final.

5. Rates and Charges: Standard text message charges apply to all participating carriers. An additional charge above standard text message charges of $0.99 per entry will be charged to your wireless bill for all participating carriers; Verizon Wireless, Sprint, Nextel, Boost, Cellular One, T-Mobile and AT&T. Charges for campaign appear on subscribers wireless service provider bill or may be deducted from prepaid wireless balance.Each participating carrier will bill $0.99 per message for this campaign. Multiple votes are allowed for all participating carriers.  Consult your wireless service provider for details regarding your individual wireless service and associated SMS charges.

6. Privacy See the Wasp Mobile Privacy Policy for an explanation of our collection and use of personal information under these Terms: http://www.waspmobile.com/pages/privacy/.

7. Indemnification You agree to release, indemnify, defend and hold harmless WASP Mobile, LLC, and each of their respective affiliated entities, owners, directors, governors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

8. Disclaimer of Warranties and Limitation of Liabilities WASP Mobile, LLC is not responsible for incomplete, lost, delayed, damaged, defective or misdirected SMS messages; failure or malfunction of wireless access devices, communications systems, cellular equipment towers, wireless services, or other hardware or software; interruption or other network server failure; error, omission, interruption, defect or delay in any transmission or communication; traffic congestion; or any other technical problem. The Service may not be available in all areas at all times.

WASP Mobile is not responsible for any liability for damage to any wireless system or device resulting from participation in the Service. WASP Mobile assumes no responsibility for undeliverable SMS messages resulting from any form of active or passive filtering by a user's wireless service provider or for insufficient space in user's wireless device or account to receive messages.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, WASP MOBILE, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY OTHER THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WASP MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

9. Discontinuation or Termination of Service You hereby agree that WASP Mobile, at its sole discretion and without notice to you, may at any time change or discontinue the Service, or terminate your use of the Service. Further, you agree that WASP Mobile shall not be liable to you or any third party for any termination of your access to the Service.

10. Opt-Out You may opt-out of this Service at any time by sending an SMS message with the text "STOP" to "35682".

11. SMS Basketball Tickets Sweepstakes Help/FAQs For additional help and answers to some of your questions, text "HELP" to "35682".

12. Tax Information All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner.

13. General Information This Promotion is conducted in English (which will be given its everyday ordinary meaning), and any and all disputes will be resolved in the appropriate courts in the State of Florida, exclusively, and subject to the laws of the State of Florida. Should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida.

14. Winners List To receive a list of winners, available after November 30, 2009, send a #10 self-addressed stamped envelope for receipt by no later than Mach 30, 2009 to: The Baseball Ticket Sweepstakes Winners List Request, C/O WASP Mobile, LLC. 6421 Congress Ave, Suite 201, Boca Raton, Florida 33487.