Nintendo Wii Contest Rules

NO PURCHASE NECESSARY.

Sponsor
Thumbmonkey, 151 Newton St. Waltham, MA 02453

Eligibility

Open to legal US residents, 18 year of age or older. Employees and immediate family and household members of employees of Thumbmonkey and its and their affiliates are NOT eligible to enter. All federal, state and local laws and regulations apply. Limit one entry per person regardless of method of entry; duplicate entries will be voided.

To Enter

1. Fill out the contest submission form, available at: http://www.thumbmonkey.com/freebies. Include in the submission 1) your name, mailing address and email address, and phone number.
2. The entry period of this contest starts at 12:00 AM Eastern time on October 31, 2008, and continues until 12:00 AM Eastern time, on October 31, 2008. Any entries made outside this time period are not eligible.
3. All contest entries will only be eligible for the contest running at the time of entry. Any future contests will require the participants to re-enter during the contest entry period.
4. By submitting your contest entry form, you are entered to win a Nintendo Wii game console (approximate retail value of $249.99). If, for any reason, the described prize cannot be awarded, Thumbmonkey reserves the right to substitute another prize of equal or greater value. All taxes on the prize are the winners’ responsibility. The prize may not be redeemed for cash. The winning nominee’s name (first name and city of residence only) will be added to the Thumbmonkey website.
5. The winner of the contest will be determined by a random selection of contestants’ submissions and performed by an employee of Thumbmonkey.
6. By entering and providing the required entry information, entrant acknowledges that, unless he/she opts out, Thumbmonkey may also send entrant samples or special offers it thinks may be of interest to entrant about its products. The information collected from all entrants is subject to the Thumbmonkey’s private policy. Thumbmonkey will not use non-winning nominee personal information for any reason, unless permission to do so is granted by the non-winning nominee, except for the purpose indicated above.
7. The winning nominee must be willing to be identified by first name and town only, in a single email sent to Thumbmonkey’s email newsletter recipients.
8. The winner will be selected on or around October 31, 2008. The winner’s information [first name and city ONLY], will be published on the Thumbmonkey website within one month after the prize has been received by the winner.
9. If no entries are received, no winner will be selected, and no prize will be awarded. If Thumbmonkey is unable to make contact with the winner within one week of its first attempt to do so or the winner refuses to comply with these Official Rules, Thumbmonkey may select an alternate winner via another random drawing from the recipient pool.
10. Only the winner will receive notification. For the names of the winner, send a self-addressed stamped envelope postmark to: Thumbmonkey Contest, 151 Newton St., Waltham, MA 02453.
11. Thumbmonkey will not be responsible for, and shall not be liable for, any problems connected with the internet portion of the contest, including (i) technical failures of any kind, including but not limited to the malfunctioning of any cable, computer, network, satellite, server, system, telephone line, electronic or internet hardware or software; (ii) any telephone, service provider, internet, website, or usenet inaccessibility or unavailability; (iii) unauthorized human intervention in any part of the entry process or the contest; and (iv) garbled or jumbled transmissions, or other electronic errors in the processing of entries or administration of the contest. Thumbmonkey reserves the right, in their sole discretion, to suspend or cancel the contest at any time if a computer virus, bug, worm, or other technical problem interferes with the administration, security, integrity, or proper rules of the contest. Entries made through the internet are deemed to be made by the authorized account holder of the email address at the time of entry.
12. Thumbmonkey and its and their parents, affiliates, subsidiaries, and agents assume no responsibility for lost, misdirected, damaged, incomplete, incorrect, altered, or illegible entries. No computer-generated entries accepted. Entries and the information contained therein become the property of Thumbmonkey and will not be returned.
13. By entering this contest, entrants release Thumbmonkey and its and their parents, subsidiaries, affiliates, agents, shareholders, officers and employees from any liability arising from or relating to participation in this contest, including but not limited to, any and all claims, expenses, demands or liabilities.
14. Except where prohibited, by participating in the contest, entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Thumbmonkey and its agents shall be governed by and construed exclusively in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this contest, or awarding of the prizes, 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 participant 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to entrants in those jurisdictions.
15. Contest entrants agree to abide by these Official Rules and the decisions of Thumbmonkey, which decisions are final and binding on all matters pertaining to this contest.