Official Rules

Wheel’s Very Merry BlackBerry® smartphone Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY.

VOID WHERE PROHIBITED.

THIS PROMOTION IS OFFERED ONLY IN THE 50 STATES OF THE UNITED STATES (“U.S.”) AND THE DISTRICT OF COLUMBIA (“D.C.”), AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OLDER AND A PERMANENT LEGAL RESIDENT OF ONE OF THE 50 STATES OF THE U.S. OR D.C. THIS PROMOTION SHALL BE CONSTRUED AND GOVERNED ACCORDING TO THE LAWS OF THE U.S.

  1. Eligibility: The Wheel’s Very Merry BlackBerry® smartphone Giveaway is open only to permanent legal residents of the 50 states of the U.S. and D.C., who are physically located and residing therein, and who are 18 years of age or older as of December 1, 2008. Entrants must have either a valid social security number or a valid U.S. personal tax identification to participate. Employees of Quadra Productions, Inc. (“Sponsor”), Research In Motion Limited, Handmark Inc., Sony Pictures Digital Inc., Sony Pictures Television Inc., Sony Pictures Entertainment Inc., the show Wheel of Fortune (“Show”), Enteractive Solutions Group (“Sweepstakes Administrator”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent, subsidiary, and related companies, officers, directors, subsidiaries, affiliates, licensees, service providers, any other person or entity associated with the sweepstakes (collectively “Sweepstakes Entities”), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in the sweepstakes.

  2. How to Enter: This sweepstakes consists of twenty-six (26) individual nonconnective daily sweepstakes with the first daily sweepstakes starting at 12:00:01 a.m. Pacific Time (“PT”) on December 1, 2008 and the last daily sweepstakes ending at 11:59:59 p.m. PT on December 26, 2008 (“Sweepstakes Period”). Each daily sweepstakes begins at 12:00:01 a.m. PT and ends at 11:59:59 p.m. PT on the same day (“Daily Entry Period”). To enter, access the Show website located at www.wheeloffortune.com (“Website”), click on the sweepstakes graphic to reach the sweepstakes entry form. Then, follow the online instructions to complete (and thereafter submit) the sweepstakes entry form (“Entry”). Information required to enter the sweepstakes consists of: your First Name, Last Name, Street Address (no P.O. Boxes), City, State, Zip Code, Email Address, Date of Birth, Daytime Phone Number (including area code), and Gender (collectively, “Entry Information”). If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. In order to be entered for a particular daily sweepstakes, Entries must be received within the Daily Entry Period for that daily sweepstakes. Website’s computer is the official clock for purposes of sweepstakes participation. Limit one (1) Entry per person per daily sweepstakes. Entries submitted from the same person in excess of this limit will be disqualified. For each Entry, all Entry Information must be completed in full. Proof of delivery or receipt of Entry will not be deemed by Sponsor as proof of entry. Any attempted form of participation in this sweepstakes other than as described herein is void. Participants can only participate in the sweepstakes under one (1) email address. Once an email address has been used by a participant, that email address cannot be used by any other person for the sweepstakes.

  3. Drawing and Notification of Potential Winners: For each daily sweepstakes, one (1) potential winner will be randomly selected in a drawing from among all eligible Entries received for that particular daily sweepstakes. All drawings will be conducted on or about January 9, 2009 by the Sweepstakes Administrator, an independent judging organization. Non-winning eligible Entries will NOT be retained for subsequent daily sweepstakes drawings. Each potential winner will be notified by phone (at the phone number provided on his/her winning Entry) of their winning status within two (2) weeks of being drawn. If a potential winner is found to be ineligible, if he/she cannot be reached by phone (at the number provided on his/her Entry) after a reasonable effort has been exerted, or if he/she cannot or does not comply with these Official Rules, such potential winner will be disqualified, and an alternate potential winner for such prize may be selected at Sponsor’s sole discretion. If an entrant changes his/her telephone number or street address after he/she enters the sweepstakes, it is his/her sole responsibility to notify the Sponsor by postal mailing notice and marked accordingly (e.g., “Address Change” or “Phone Number Change”) on the mailing to the address listed in Section 9 below to be received within four (4) business days of the daily sweepstakes entered. Entrants agree to be bound by the Official Rules and any and all decisions made by Sponsor and/or Sweepstakes Administrator which are final and binding in all respects.

  4. Prizes/Odds of Winning. Twenty-Six (26) Prizes (one (1) prize for each of the twenty-six (26) daily sweepstakes). Each prize consists of winner's choice of one (1) BlackBerry® smartphone from the list below (Approximate Retail Value (“ARV”) of each BlackBerry smartphone: $350) and one (1) redemption card for a one-time free download of the Wheel of Fortune Deluxe game for BlackBerry smartphone (ARV of each redemption card: $14.99). PRIZE DOES NOT INCLUDE PHONE OR DATA SERVICE.

    • BlackBerry® Pearl™
    • BlackBerry Curve™
    • BlackBerry Bold™
    • BlackBerry Storm™.

    ARV of each prize: $364.99. Actual ARV of a prize depends on the winner’s choice of phone. Odds of winning a prize depend on the total number of eligible Entries received for that particular daily sweepstakes. All of the phones listed above are not available on every wireless carrier. Winners are solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included (e.g., phone service, activation fee, etc.). All applicable federal, state, and local taxes (if any) on a prize are the sole responsibility of each winner. No substitution, transfer, or redemption of prize for cash, except that Sponsor, at its sole discretion, may substitute a prize of equal value due to unavailability of advertised prize for any reason. Limit one (1) prize per person for the entire Sweepstakes Period. Each winner will be mailed/shipped his/her prize to the address provided on his/her sweepstakes entry form. Once all winners have been contacted, prizes will be shipped in 2 to 3 months. The Sweepstakes Administrator is not the supplier or guarantor of any prize.

  5. General Conditions: This sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively “Rules and Laws”). Once submitted, Entry Information becomes the sole property of Sponsor. Notwithstanding anything to the contrary in Sponsor’s privacy policy located at http://www.sonypictures.com/corp/privacy.html and http://www.sonypictures.com/corp/ca_pp.html, except where prohibited by law, a participant who submitted his/her Entry information and/or a winner’s acceptance of a prize constitutes permission of such entrant or winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) for Sponsor and Sweepstakes Entities, to use, without notice or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, but not limited to, without limitation, on the Show or any applicable Sony Website, winner’s first name and initial of last name, city and state, likeness, and photograph without further payment or consideration. Additionally, by opting-in to specific offers from any of the Sweepstakes Entities, Entry Information will be subject to their respective privacy policies and terms of service and entrant agrees to receive additional email communication from those companies. Opting-in to specific offers does not improve one’s chances of winning. The privacy policy for any Sweepstakes Entity participating in an opt-in will be accessible from the sweepstakes entry form, as applicable. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the sweepstakes or any Web page related to the sweepstakes; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person in connection with the sweepstakes. Any person attempting to defraud or in any way tamper with this sweepstakes will be ineligible to win a prize and will be prosecuted to the full extent of the law. If, for any reason, the sweepstakes is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel, suspend or modify the sweepstakes or any portion(s) thereof; and, at its sole discretion, Sponsor may, conduct the sweepstakes and make prizes available in a manner that is fair, consistent, and in accordance with the spirit of the sweepstakes. In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry may be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.

  6. Disclaimers: The Sweepstakes Entities are not responsible or liable for, and will deem ineligible, Entries that are entered/obtained by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries that are illegible, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules. By entering this sweepstakes, each entrant agrees and acknowledges to be bound by the Rules and Laws; as well as the decisions of the Sweepstakes Administrator, which are final and binding in all respects; to waive any rights to claim ambiguity with the Rules and Laws, and that Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this sweepstakes (including, but not limited to, the preemption, cancellation, interruption of any video supporting this sweepstakes); human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession and/or use/misuse of any prize awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the sweepstakes, any Web page associated with the sweepstakes, or any online service via the internet due to hardware or software compatibility problems; problems with phone notification; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this sweepstakes; any lost/delayed/duplicate/multiple data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the sweepstakes due to their negligence or willful misconduct, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said 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 any prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of any of the Sweepstakes Entities, or (3) by any other cause, condition or event whatsoever beyond the control of any of the Sweepstakes Entities or their parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

  7. ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO (i) THE SWEEPSTAKES, (ii) THE AWARDING OR REDEMPTION OF ANY PRIZES AND/OR (iii) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE OFFICIAL RULES OR THEIR ENFORCEMENT ON INTERPRETATION SHALL BE GOVERENED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. BY SUBMITTING AN ENTRY, EACH ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF THE ENTRANT IS A MINOR IN THE JURISDICTION HE/SHE RESIDES) AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES WITH THE AGREEMENT OF THE PARTIES’ ADR SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY THE ARBITRATION SERVICE. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.

    ENTRANTS FURTHER UNDERSTAND AND AGREE THAT THEY SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY MOVIE, SHOW, PRODUCTION OR PROJECT OF ANY OF THE SWEEPSTAKES ENTITIES.

    THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

    THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES.

  8. Rules/Winners List: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope (with proper postage affixed) to: Wheel’s Very Merry BlackBerry® smartphone Giveaway “Rules”/“Winners List” (specify which), P.O. Box 6493, Burbank, CA 91510. All requests must be received by February 27, 2009. Official Rules will also be accessible from the Website during the Sweepstakes Period. Winners’ information may be posted on the Website.

  9. Sponsor: Quadra Productions, Inc., 10202 West Washington Blvd., Culver City, CA 90232.

©2008 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.

NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited or restricted by law. Open only to permanent legal residents of the 50 United States and D.C. who are 18 years of age or older as of December 1, 2008. The first daily sweepstakes begins 12:00:01 a.m. PT on December 1, 2008. The last daily sweepstakes ends at 11:59:59 p.m. PT on December 26, 2008. Daily sweepstakes entry deadlines for each of the twenty-six (26) nonconnective daily sweepstakes and other restrictions apply. Prize does not include phone service. For complete details, see Official Rules.

©2008 Califon Productions, Inc. Wheel of Fortune is a registered trademark of Califon Productions, Inc. All Rights Reserved.

Research In Motion, the RIM logo, BlackBerry, the BlackBerry logo and SureType are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries - these and other marks of Research In Motion Limited are used under license.

©2008 Handmark, Inc.; Handmark and the distinctive hand design are registered trademarks of Handmark, Inc. in the U.S. and other territories. All rights reserved. All other trademarks belong to their respective owners.