OFFICIAL RULES
FOR WIREFLY ANNIVERSARY CELL PHONE CONTEST

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• No Purchase Necessary: No purchase is necessary to enter or win the Wirefly Anniversary Cell Phone Contest (the “Contest”). Your chances of winning will not be improved by buying any product or service.

• Eligibility: Open to legal U.S. residents, age 18 or older, with a valid email address and a valid street address in any U.S. state or the District of Columbia, EXCLUDING where prohibited or restricted by law. Entries with P.O. boxes or APO addresses will not be accepted. Entries will be accepted beginning September 15, 2008 through November 14, 2008 (the “Contest Period”). Selected winners will be notified by email no later than November 21, 2008 and will have ten (10) days (until December 1, 2008 at 11:59 pm EST) to claim their prize. Unclaimed prizes may be awarded to a newly selected entrant at Simplexity’s sole discretion. Winners shall complete the Affidavit and Release and return it within five (5) days of the notification date to be eligible to receive a prize. If a winner fails to comply with these eligibility requirements or any of these Official Rules, the prize will be forfeited and the selected winner shall have no rights in or to the prize. Simplexity reserves the right to verify the eligibility qualifications of the winners in its sole and absolute discretion. Only one prize may be won per entrant during the Contest Period. Employees of Simplexity, LLC (“Simplexity”), its parent, subsidiary and affiliated entities, and their respective advertising, promotional, fulfillment and marketing agencies, agents, partners, and the immediate family members and/or same household members (spouse, parents, children, siblings, siblings’ children, in-laws, housemates) of any such person, are not eligible to enter or win.

• To Enter: Entrant must submit their first and last name, email address, video or picture submission, and/or, a narrative, either as a standalone entry or, at entrant’s option, describing the video or picture (the “Content”). All Content must be submitted through the Wirefly Anniversary Cell Phone Contest entry page. Any submission received in any manner other than as described above may not be eligible for a prize. There is no limit as to the number of entries any one entrant may submit; however, each submission must be unique and distinct. Any single video, picture, or other entry received multiple times will be disqualified and not eligible for a prize. Notwithstanding the foregoing, an entrant is only eligible to win one prize during the Contest Period.

• Selection of Winners: Simplixity will select five winners (first through fifth). The selection will be based on the Simplexity judges’ sole discretion.

• Prizes:

  • First Place: Samsung AT&T Blackjack II phone with Bluetooth accessory bundle (Bluetooth headset, car charger, and case);

  • Second Place: Samsung AT&T Blackjack II phone with Media accessory bundle (car charger, 1 GB memory card, and case);

  • Third Place: Unlocked Samsung D900 Slider Phone + 3 Piece Accessory Bundle (1GB Memory Card, Car Charger & Case);

  • Fourth Place: Unlocked Samsung D900 Slider Phone + 2 Piece Accessory Bundle (Car Charger & Case);

  • Fifth Place: Unlocked Samsung D900 Slider Phone + 4 GB Memory Card

  First and Second Place prizes operate on the AT&T network. Winners of First and Second Place can exchange their prizes for a device that operates on the Verizon Wireless, T-Mobile, or Sprint networks, which Simplexity, in its sole discretion, deems as a similar or like device. Prizes will be shipped to the address provided by winning entrants on the Affidavit and Release form within one week of receipt of such form by Simplexity. Any prizes returned to Simplexity as “undeliverable” may be awarded to a newly selected entrant at Simlexity’s sole discretion.

• Odds of Winning: Odds of winning depend on the number of entries received.

• Identification of Entrants: Entries will be deemed made by the person under whose email address and/or address the entry was submitted. Winner may be required to provide (a) picture proof of identification (such as a valid driver's license, passport, voting card or other government-issued photo identification); and/or (b) proof that the selected winner is the authorized account holder of the email address associated with the potential winning entry.

• Representations: By entering, entrants agree to be bound by these Official Rules and by the decisions of Simplexity, which are final and binding on all matters relating to this Contest. Entrants represent and warrant that the Content are original works of entrant and that entrant has all rights and title in and to the Content. By entering and in consideration of being declared a winner and offered a prize, winners grant Simplexity and its designees the perpetual worldwide, sublicensable, irrevocable right to use his or her Content and name for advertising and publicity purposes without additional compensation, notification, or approval, except where prohibited by law. By entering, entrants also agree (a) to accept e-mail messages and telephone calls from Simplexity and its advertising affiliates, partners, suppliers, and agents, and (b) that Simplexity and its advertising affiliates, partners, suppliers, and agents, may use and disclose entrant’s name, email address, telephone number and other identifying or demographic information to other entities for advertising, marketing, and/or Simplexity’s business purposes.

• Void Entries: Entries that are incomplete, unintelligible, damaged, inaccurate, late, libelous, defamatory, obscene, or pornographic, as determined by Simplexity in its sole discretion, will be void and ineligible for a prize. Simplexity is not responsible for incomplete, misdirected, or unintelligible entries, for entries with incorrect contact information, or for disruptions in website availability, failures of electronic communications, computer malfunctions, busy or unavailable communications lines, server malfunction, or any problems with submission, delivery. Any entrant who tampers with or abuses any aspect of this Contest, misstates any required information, impersonates any person, or violates these Official Rules, as solely determined by Simplexity, will be disqualified. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries. If this Contest is corrupted or impaired by virus, worm, or other causes, Simplexity reserves the right at its sole discretion to modify or terminate the Contest.

• BY ENTERING, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS SIMPLEXITY, ITS PARENT, SUBSIDIARY, AND AFFILIATED ENTITIES AND PERSONS, EMPLOYEES, DIRECTORS, PARTNERS, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY CLAIMS, ACTIONS, LOSSES, DAMAGES, OR LIABILITY OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGE, OR ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHICH ENTRANT OR ANYONE ELSE MAY INCUR OR SUFFER IN CONNECTION WITH THIS CONTEST OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED. IF FOR ANY REASON THIS CONTEST CANNOT BE RUN AS PLANNED, OR IF TAMPERING, UNAUTHORIZED INTERVENTION, ACTIONS BY ENTRANTS, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES, IN SIMPLEXITY’S SOLE OPINION, CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THIS CONTEST, SIMPLEXITY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRANT AND/OR TO CANCEL, TERMINATE, MODIFY OR SUSPEND THIS CONTEST OR ANY PORTION THEREOF, OR THE AWARD OF ANY PRIZE. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

• Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia or other appropriate court in the District of Columbia; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event are to include attorneys' fees; and (c) under no circumstances will any entrant be entitled to obtain awards for, and each entrant hereby waives, all rights to claim punitive, incidental and consequential damages and/or any damages other than for actual out-of-pocket expenses, or to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Simplexity or other entity in connection with this Contest shall be governed by, and construed in accordance with, the laws of the District of Columbia without reference to any conflicts of laws doctrines.

• Winners: A list of the selected winners may be posted on the WIREFLY website at www.wirefly.com and is available by contacting Simplexity at linkshare@wirefly.com. This Contest is sponsored by Simplexity, LLC, 10790 Parkridge Boulevard, Suite 200, Reston, VA 20191.

• LEGAL WARNING: Any attempt by anyone, whether or not an entrant, to damage, destroy, tamper with or vandalize this website, or interfere with the operation of this Contest, is a violation of criminal and civil law, and Simplexity will diligently pursue claims against any offending individual or entity to the full extent of the law.

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