Official Rules 

“AT&T Dream In Black Sweepstakes

Sponsored by: AT&T Mobility LLC

 

1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE READ THESE RULES CAREFULLY.  AS EXPLAINED BELOW, THE RULES REQUIRE THAT DISPUTES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS OR JURY TRIALS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.

 

2. Entry Period: Entry Period: The Dream In Black Sweepstakes (“Sweepstakes”) commences at 9:00 AM EDT on June 1, 2018 and ends at 11:59 PM EDT on June 15, 2018 (“Sweepstakes Period”). All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final. The Administrator’s computer is the official timekeeping device for this Sweepstakes.

 

3. Eligibility: The Sweepstakes is open to U.S. citizens and U.S. resident aliens who are physically located in and legal residents of one of the 50 United States or the District of Columbia who are at least the age of majority in their state of residence at time of entry: 18 years of age in most states, 19 in Alabama and Nebraska, 21 in Mississippi. Employees, agents, directors of AT&T Mobility LLC (“AT&T” or “Sponsor”), The Concept Studio (“Administrator” or “Agency”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to release and hold harmless the Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prize (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.

 

4. To Enter: During the Sweepstakes Period you can enter via one (1) method of entry.  Go online to https://att.com/dreaminblack(the “Site”) and complete all required fields on the online registration form, including entering your name, contact phone number, and your email address, and submit as requested. Limit one (1) entry per person per email account per day using the above method during the Sweepstakes Period.

 

Only fully completed entry forms are eligible. By submitting an entry, you irrevocably grant AT&T a royalty-free license to use, publish and display your entry form and its contents, in whole or in part, as originally submitted or edited by Sponsor, with or without your name, in any form of media, in perpetuity, without further permission, review, approval, consideration or payment to you for Sponsor’s commercial and/or promotional purposes, except where prohibited by law.  You further agree to sign any documents that may be necessary to affect these licensing rights.  You agree that such use by AT&T of your entry form and its contents will not deem you to be a winner of the Sweepstakes.

If you submit your entry via your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans. All information submitted by entrants is subject to and will be treated in a manner consistent with AT&T’s Privacy Policy. By participating in Sweepstakes, entrants hereby agree that they have read and accepted the AT&T Privacy Policy and agree that AT&T may collect and use their personal information in compliance with AT&T’s Privacy Policy. AT&T’s Privacy Policy is accessible atwww.att.com/privacy.  

 

All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Submissions”. Entries will not be returned and receipt of entry will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works that Sponsor may create from any element of an Eligible Submission.

 

5. Odds: The odds of winning the Sweepstakes depend on the number of Eligible Submissions received.

 

6. Prize and Prize Terms: Two (2) Grand Prize will be awarded in this sweepstakes.  Sponsor shall determine, in its sole discretion, which of the below Grand Prizes will be awarded to each winner.

 

Grand Prize #1: BET Prize Package: Estimated Value $5500

  • BET Experience & Awards Show – June 21 – June 24, 2018 – Los Angeles, CA
  • Premium seats at the 3 Staples Center Shows (Thu-Sat)
  • VIP Priority Entrance to the Fan Fest, Genius Talks, Celebrity Basketball Game and other events throughout the weekend
  • BET Awards Red Carpet Photo Experience on Saturday (day before the award show)
  • Premium seat for the BET Awards at the Microsoft Theater
  • BET Experience commemorative gift
  • AT&T swag bag
  • Flight, hotel, ground transportation

 

Grand Prize #2: Essence Prize Package: Estimate Value $4500

  • Essence Music Festival July 5th - July 8, 2018 – New Orleans, LA

●      Premium seats at the Mercedes Benz Superdome concerts (Fri-Sun)

●      Access to AT&T Sponsored events, including the Path to Power and Women in Entertainment Luncheon

  • Access to official ESSENCE weekend events and the ESSENCE® Empowerment Experience at the Ernest N. Morial Convention Center 

●      AT&T swag bag

●      Flight, hotel, ground transportation

 

The total ARV of the Prizes is $10,000.00

 

Each Grand Prize will include tickets for the winner and one (1) guest.  Flights will be between airport closest to winner’s residence and Destination and will be coach class.  Hotel accommodations will be for two people (single room, double occupancy).  Ground transportation will be provided between airport and hotel and hotel and venue.

 

Sponsor reserves the right to substitute ground transportation in lieu of air transportation if the Winner resides within 200 miles of Destination and no compensation or substitution will be provided for the difference in Prize value. Sponsor will determine in its sole discretion the airlines and hotels to be provided as part of the Prize. Grand prize #1 Winner and Guest must travel on the same itinerary, at the same time and must be available to travel between June 21 and June 254, 2018. Grand Prize #2 Winner and Guest must travel on the same itinerary, at the same time and must be available to travel between July 5 and July 98, 2018. All travel dates are subject to change in Sponsor’s sole discretion. All arrangements are subject to change, availability, holiday, blackout dates and other restrictions. If Winner or Guest is not available or able to travel on the dates specified by Sponsor, Winner and Guest’s privileges will be terminated and an alternative Winner will be selected in a random manner from the remaining Eligible Submissions if time permits in Sponsor’s sole discretion. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any element of the Prize or associated with the Prize. Winner and Guest must possess valid travel documents in order to travel Trip arrangements cannot be changed by a Winner or their Guest.

 

Choice of ticket seat locations to be determined by Sponsor in its sole discretion. Winner and Guest are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded. Prize dates are subject to change in Sponsor’s sole discretion. If Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner may be selected from among the remaining Eligible Submissions received.

 

The Estimated Values are subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination. Any difference between the Estimate Value and the actual values, if any, will not be awarded.

 

Guest (or Guest’s parent/legal guardian) will be required to execute and return a liability/publicity release (unless prohibited by law) prior to the date of travel. The Winner must respond promptly to Sponsor’s requests regarding travel arrangements.  Winner and Guest must provide own transportation to/from airport of departure.  Winner and Guest are each solely responsible for obtaining any/all necessary travel documentation/requirements (including but not limited to valued photo I.D., passport, etc.) before departure. Airline carrier and hotel regulations and conditions apply. Prize is not valid for upgrades. All tickets issued in conjunction with Prize are not eligible for frequent flyer miles. If the Winner chooses not to take a Guest, then the Guest elements will be forfeited and the remaining elements shall constitute full satisfaction of the Prize.

 

If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner or Guest.  Sweepstakes Entities shall have no responsibility or obligation to a Winner or Guest who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prize, including, without limitation, activation and service fees, transportation other than as specified, meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, and any equipment to be used in connection with the Prize, are solely Winner’s responsibility. PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prize pictured in online, television, print or other advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prize, including all travel arrangements, will be made by Administrator and/or Sponsor. USE OF AND/OR PARTICIPATION IN PRIZE IS SUBJECT TO AGE AND VENUE RESTRICTION(S).

 

7. Publicity Release: By participating in Sweepstakes, the Winner grants the right to Sponsor, and its representatives, affiliates, licensees and assigns, to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.

 

By entering this Sweepstakes, entrants grant to Sweepstakes Entities, except where prohibited by law, the full permission and authority to use entrant’s name, picture and/or likeness, biographical information, social media handles, voice and/or Eligible Submissions for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification.

 

Furthermore, by participating in the Sweepstakes, the Winner agrees to procure, on behalf of Sponsor, (i) the full permission and authority for Sponsor to use the name, nickname, signature, photograph, voice, likeness, footage, statements, biography and other identifying attributes of Winner’s Guest(s) participating in the Prize with Winner, in any media now known or hereafter devised, throughout the world, in perpetuity, for trade, advertising, media, marketing and publicity purposes in connection with the Sweepstakes, without additional compensation, review, or approval; and (ii) the right to photograph, record, film, tape and interview said Guest(s) in connection with the Sweepstakes without additional compensation, review, or approval, unless prohibited by law.

 

8. Winner Selection and Notification: Winner Selection and Notification: There will be two (2) Grand Prize Winners selected in a random drawing from among all of the Eligible Submissions received during the Sweepstakes Period. The drawing shall occur on or about June 16, 2018 by Administrator. Each potential Winner will be notified by phone call or email, and will be required to confirm his/her name, address and phone number or email address, as the case may be, within twenty-four (24) hours from when the phone call is made or email is sent, as the case may be. If a potential Winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Submissions received, time permitting. Administrator will then attempt to contact the potential Winner via the contact information provided to confirm his/her eligibility. No messages will be left on answering machines or voicemail systems. The potential Winner must prove eligibility, including, without limitation, proof of age, residence and identity. If a potential Winner cannot be reached directly and/or does not meet the eligibility requirements, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Submissions received, time permitting. In the event of non-compliance by the potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternate potential Winner may, in Sponsor’s sole discretion, be chosen from among all of the remaining Eligible Submissions received during the Sweepstakes Period.

 

9. Winner Verification: To be eligible to be declared the Winner and to receive the Prize, the potential Winner must sign and return to Sponsor and/or Administrator, within one (1) day of issuance (on or before 11:59PM EDT of the next business day) of such documentation from Administrator or Sponsor, an Affidavit of Eligibility and Release (“Release”) that, among other things: (a) confirms eligibility and compliance with the Official Rules; (b) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (c) except where prohibited by law, grants Sweepstakes Entities the right to use  potential Winner’s name, picture and/or likeness, biographical information, voice, and Submission content for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. If potential Winner does not sign this release and return it within the time frame specified, the potential Winner may be disqualified and the Prizes forfeited, and an alternate winner selected, time permitting. When such documentation is properly executed and provided potential Winner is otherwise in compliance with the Official Rules, potential Winner will be determined to be the Sweepstakes winner (“Winner).

 

Guest will also be required to sign (the Guest’s parent or legal guardian if Guest has not reached the age of majority in the jurisdiction in which they reside; each such Guest a “Minor”), a Liability/Publicity Release that must be returned along with the potential Winner’s documentation as provided in these Official Rules within one (1) day of issuance (on or before 11:59PM EDT of the next business day). If any Guest is a Minor, he or she must be accompanied by his or her parent or legal guardian and such parent or legal guardian must be the Winner. If Winner chooses not to take a Guest or if the Guest does not sign the documentation as provided in these Official Rules within the time frame specified then the Guest elements of the Prize will be forfeited and the other elements of the Prize shall constitute full satisfaction of Sponsor’s obligation to award the Prize. Prize will be forfeited if Guest (or any parent or legal guardian acting on behalf of Guest) fails to comply with the terms and conditions of these Official Rules. Winner and Guest agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner. Should the Winner or his/her Guest act in contravention of venue rules and regulation or exhibit unsportsmanlike or disruptive behavior, Sponsor and/or Administrator may, at their sole discretion and without recourse, withhold all elements of the Prize that are yet to be awarded when the act or behavior is exhibited.

 

Winner and Guest must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prize at Sponsor’s sole discretion. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition,

Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these

Official Rules or fails to execute the documentation within the time frame specified.

 

By participating in Sweepstakes, Winner and Guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize and that Winner and Guest (or any parent or legal guardian acting on behalf of a Guest) will be responsible for obtaining and paying for any form of insurance relating to the Prize that Winner or Guest deem appropriate.

 

10. Taxes: The Winner must supply Sponsor with a complete and valid IRS Form W-9 and signed affidavit prior to receiving Prize. The value of Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.

 

11. General Terms: Sweepstakes Entities are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on the Site and, if Sponsor chooses so in its sole discretion, then Prize will be awarded to a Winner to be selected in a random drawing from among all of the remaining uncorrupted applicable Eligible Submissions received prior to any such event. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and/or the use, misuse or redemption of Prize and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity.

 

Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any  typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, and the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.

 

In the event of a termination of the Sweepstakes, a notice will be posted onhttps://att.com/dreaminblackand Sponsor may choose, in its sole discretion, whether to award Prize(s) to a Winner to be selected in a random drawing from among all of the remaining uncorrupted applicable Eligible Submissions received prior to any such event.

 

 

12. Dispute Resolution by Binding Arbitration

12.1 By entering this Sweepstakes, you and AT&T agree to arbitrate all disputes and claims arising out of or relating to this Sweepstakes, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before entry into the Sweepstakes (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of the Sweepstakes Period.

 

For purposes of this Section ‎12 only, references to “AT&T,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules.  Notwithstanding the foregoing, either party may bring an individual action in small claims court.  In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates sweepstakes.  Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Sweepstakes, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of these Official Rules.

 

12.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address").  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").  If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration athttp://www.att.com/arbitration-forms.

 

12.3 After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider.  If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.)  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA.  The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules.  All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.  If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.  If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.  In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.  In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

 

12.4 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:

  • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

 

12.5 The right to attorneys' fees and expenses discussed in paragraph ‎12.4 supplements any right to attorneys' fees and expenses you may have under applicable law.  Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs.  Although under some laws AT&T may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.

 

12.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

12.7 Notwithstanding any provision in these Official Rules to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, AND ADMINISTRATOR IF APPLICABLE, RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

ANY ARBITRATION PURSUANT TO THIS PARAGRAPH 12 SHALL BE FILED AND THE HEARING SHALL OCCUR IN THE STATE OF TEXAS. THE TEXAS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES THAT ARE NOT SUBJECT TO ARBITRATION AND REGARDING ANY ENFORCEMENT OF AN ARBITRATION AWARED.  THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.

 

Sponsor’s failure to enforce any provision of these rules shall not constitute a waiver of any provision.

 

13. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner (first name and state only) must be made by July 1, 2018. For the name of the Winner and/or Official Rules: (i) send a self-addressed stamped envelope to: The 360 Agency Attention: AT&T Dream in Black Sweepstakes, 15233 Ventura Blvd, Suite 620, Sherman Oaks, CA 91403; and (ii) write, as applicable, “Winners List” or “Official Rules” on the lower left hand corner of the envelope.

 

14. Sponsored by: This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.

 

15. Administered by: This Sweepstakes is administered by The Concept Studio LLC, 606 Post Road East #693, Westport, CT 06880.

 

 

END OF OFFICIAL RULES 

Abbreviated Legal 

“AT&T Dream In Black Sweepstakes”

Sponsored by: AT&T Mobility LLC

 

 

No Purchase Necessary. The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are at least of age majority in their state of residence at time of entry: 18 years in most states 19 in Alabama and Nebraska and 21 in Mississippi. Ends 11:59pm ET, June 15, 2018. Limit one (1) per person/ per day. Void where prohibited. See Official Rules for additional eligibility restrictions, prize descriptions and complete details. Subject to official rules. 

 

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