drawings to be held on or about the Drawing Date set forth above, from among all eligible TweetBacks sent in compliance with these rules, by an independent judging agency, whose decisions arefinal and binding in all matters relating to this Promotion. Prizes cannot be transferred, redeemed for cash or substituted, but Sponsor reserves the right to substitute a prize of equal or greater value at itssole discretion.By accepting a prize, the winner agrees that his/her Entry/Photo will be deemed a Work Made For Hireunder the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry/Photo, including all but not limited to all copyright and trademark rights which he or she mayhave, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have totheir Entry/Photo. Sponsor reserves the right to alter, change or modify the winning Entry/Photo, in itssole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrumentof assignment, as may be solely deemed by Sponsor, reasonably necessary to establish theownership of record of the right, title and interest in and to the Entry/Photo and of the copyrightstransferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail torequest the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights andSponsor may at a later time request the assignment.
Grand Prize (5):
One (1) Nokia N8 mobile phone. ARV: $449.00 each.
No mobilephone service will be provided.
Total ARV of prizes: $2,245.00. Any difference between stated ARVand actual value of prize will not be awarded. Winner must accept prize as stated, or prize may beforfeited. Odds of winning depend on the number of eligible Tweet Backs received in compliance withthese rules. Taxes on prizes, if any, are the sole responsibility of the winner. Limit one (1) prize per person/address/household for the entire Promotion Period.
8. GENERAL CONDITIONS:
As a condition of entering, participants agree (a) that Sponsor, itsparent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents are released, will have noliability whatsoever for, and shall be held harmless by participants against any liability for any injuries,losses or damages of any kind to person(s), including death, or property resulting in whole or in part,directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in thisPromotion or any Promotion-related activities; (b) under no circumstances will participant be permittedto 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; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolvedindividually, without resort to any form of class action; and (d) any and all claims, judgments, andaward shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.Except where legally prohibited, winners grant (and agree to confirm that grant in writing) permissionto Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness,voice, biographical information and statements, at any time or times, for advertising, trade, publicityand promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
9. WINNER NOTIFICATION:
Potential winner will be contacted by Twitter Direct Message, on or about the dates as defined in the chart above, to the potential winner’s Twitter ID as recorded in thepotential winner’s Twitter account to obtain mailing address and/or phone number. Sponsor is notresponsible for any change in participant's Twitter account, email, mailing address and/or telephonenumber. Prize winner may be required to complete, sign and return an Affidavit of Eligibility, a LiabilityRelease, and where lawful, a Publicity Release within seven (7) days of receipt of notification. Prizewon by an eligible minor will be awarded to a parent or legal guardian who must sign all required