Legal

Treo Film Festival Text to Win Sweepstakes/
Grand Prize Drawing
Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. FOR PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE PRESENTATION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD. Each text message, sent or received, may incur a charge as provided in your rate plan. If you enter via text-messaging, you will receive one (1) text message in response to your entry. Text-messaging may not be available through all wireless carriers.

1. Introduction. Treo Film Festival Text to Win Sweepstakes/Grand Prize Drawing ("Sweepstakes") is sponsored by ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 ("Sponsor"). Sweepstakes is offered in conjunction with multiple companies ("Promoters") through different Web sites ("Creative Presentations"), announcing many different prizes. The Promoter for this particular Creative Presentation is Palm Inc., 950 W. Maude Ave, Sunnyvale, CA 94085. One (1) winner will be selected in a random drawing from among all entries received across all Creative Presentations. The prize for which an entrant is eligible depends on the Creative Presentation through which the entrant entered the Sweepstakes. All applicable federal, state, and local laws apply.

ONLY ONE (1) GRAND PRIZE ACROSS ALL CREATIVE PRESENTATIONS WILL BE AWARDED IN THE SWEEPSTAKES.

2. Timing. The Sweepstakes begins on September 18, 2007 at 12:00 a.m. Eastern Time ("ET") and ends on October 18, 2007 at 11:59 p.m. ET ("Promotion Period"). Various Creative Presentations may be added throughout the Promotion Period. Palm’s computer is the official time-keeping device for this Promotion.

3. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) United States (including the District of Columbia), eighteen (18) years of age or older and at least the age of majority in their jurisdiction of residence, and who have a MobiTV viewing capable cell phone, prior to September 17, 2007. Void where prohibited. Employees, officers and directors of Sponsor and Promoters, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

4. How to Enter. There are two (2) ways to enter the Sweepstakes:

Enter by Text-Message: Visit www.treofilm.com and download the thirty (30) day free trial of MobiTV to your cell phone.* You must opt-out of the MobiTV service prior to the end of the thirty (30) day trial period or you will begin incurring a $9.99 monthly fee. View the Treo Film Festival entries and text the number of your favorite film to short code 43888. Text STOP to 43888 to opt-out. Text HELP for information. Send questions to support@mobitv.com. You will automatically receive one (1) entry into the Sweepstakes. Limit: One (1) entry per person per day during the promotion period. Entrants that enter the Sweepstakes by text-messaging will be charged according to their carrier’s standard text-messaging rates and entrants should contact their carrier for pricing plans and details. Check your owner’s manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.

Mail-In Entry: To enter without making a purchase or sending a text-message, hand-print your name, address, day and evening phone numbers, email address (if any), age, and “Treo Film Festival Text to Win Sweepstakes/Grand Prize Drawing,” on a 3" x 5" piece of paper. Mail it in a hand-printed envelope with proper postage to: “Treo Film Festival Text to Win Sweepstakes/Grand Prize Drawing,” c/o ePrize, P.O. Box 8070, Royal Oak, MI 48068-8070. All mail-in entries must be postmarked by October 18, 2007 and received by October 25, 2007. Limits: One (1) entry per envelope. One (1) entry per person per day during the Promotion Period.

For all Entries: Limit 1 entries per person per day through any method or combination of methods of entry during the Promotion Period. Multiple participants are not permitted to share the same email address or text-messaging capable device. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, text-messaging capable devices, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address or the text-messaging capable device used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the "authorized account holder" of a text-messaging capable device is the natural person in whose name the device has been issued and the services are billed. Potential winners may be required to show proof of being the authorized account holder.

You may enter the Grand Prize Drawing through as many Creative Presentations as you like.

5. Selection of Potential Winner. Sponsor will randomly select one (1) Promoter's Creative Presentation from among all Creative Presentations and Sponsor will then select one (1) potential Grand Prize Winner from among all eligible entries received through the selected Creative Presentation, on or about January 31, 2008. Any potential winner who entered via text-messaging will be notified by phone and/or text message at the phone number of the text-messaging device used to enter the Promotion. Entrant selected must comply with all terms and conditions of these Official Rules; winning is contingent upon fulfilling all requirements. The potential winner will be notified by mail and/or email within ten (10) days of the drawing. Except where prohibited, potential winner must execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, prize is returned as undeliverable, or if he/she fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, potential winner forfeits prize. In that event, an alternate entrant will be selected in his/her place at random from among all eligible entries received for the selected Creative Presentation. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. The winner will receive his/her prize eight (8) to ten (10) weeks after winner verification.

6. Prize. One (1) Grand Prize will be awarded. The prize for which an entrant is eligible depends on the Creative Presentation through which he/she entered. Accordingly, the Grand Prize for a winner who entered through this Creative Presentation will be: $10,000. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s and Promoters’ sole discretion. Sponsor and Promoters reserve the right to substitute the prize with another prize of greater or equal value if the designated prize should become unavailable for any reason. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. The odds of this Creative Presentation being selected depend on the total number of Creative Presentations. If this Creative Presentation is selected, the odds of winning depend on the number of entries received through this Creative Presentation.

7. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor’s and Promoter's use of winner's name, likeness, voice, opinions, hometown, state and country for promotional purposes in any media without further payment or consideration.

8. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it reasonably suspects to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's or any Promoter's Web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and Promoters reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. Release. By receipt of any prize, winner agrees that Sponsor and Promoters, their respective parents, subsidiaries, affiliated companies, and partners, and the agents, employees, directors and officers of these companies (the “Released Parties”), are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in the Sweepstakes.

10. Limitations of Liability. The Released Parties are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, receipt or use or misuse of any prize, or from downloading any material from Sponsor's or Promoter's Web site(s), regardless of whether the material was prepared by Sponsor, Promoter or a third party, and regardless of whether the material is connected to Sponsor's or Promoter's Web site by a hypertext link. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor and Promoter in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. Data Collection. Sponsor and Promoters collect personal information from you when you enter the Sweepstakes. The information collected is subject to the ePrize, LLC, Privacy Policy located at http://www.eprize.com/privacy/privacypolicy.html. Information collected may also be subject to the Privacy Policy of the Promoter at http://www.palm.com/us/company/privacy.html
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13. Winner List: For the winner list, send an email with Subject Line: “M–Treo Film Festival Text to Win Sweepstakes, Winner List Request,” to WinListRequests@eprizefulfillment.com. Requests must be received by May 31, 2008.

The Treo Film Festival and Sweepstakes are sponsored by Palm, Inc., which is solely responsible for these Official Rules as well as the Film Festival and Sweepstakes