Online Music Maniac Maker Terms and Conditions

  1. Your Acceptance

    BY USING AND/OR VISITING THIS WEBSITE YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (THE "TERMS OF USE") AND THE TERMS AND CONDITIONS OF SONY ERICSSON'S PRIVACY POLICY, WHICH ARE PUBLISHED AT SONY ERICSSON AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE SONY ERICSSON'S WEBSITE.

  2. Website Access

    Sony Ericsson hereby grants you permission to use the Website as set forth in this Terms of Use, provided that your use of the Website is solely for your personal, noncommercial use. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sony Ericsson immediately of any breach of security or unauthorized use of your account. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

  3. Intellectual Property Rights

    The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sony Ericsson, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. By using the Website to create a Music Maniac, you agree to assign all copyright in the design to Sony Ericsson. Sony Ericsson may use any individualÕs Music Maniac created via the Website on any future related communications or publicity as it decides appropriate without compensation.

  4. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SONY ERICSSON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SONY ERICSSON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.

  5. Limitation of Liability

    IN NO EVENT SHALL SONY ERICSSON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE WEBSITE.

  6. Indemnity

    You agree to defend, indemnify and hold harmless Sony Ericsson, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  7. General

    Sony Ericsson reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

The Sony Ericsson W580 Music Maniac Sweepstakes

  • Your Acceptance

    BY USING AND/OR VISITING THIS WEBSITE YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (THE "TERMS OF USE") AND THE TERMS AND CONDITIONS OF SONY ERICSSON'S PRIVACY POLICY, WHICH ARE PUBLISHED AT SONY ERICSSON AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE SONY ERICSSON'S WEBSITE.

  • HOW TO ENTER:

    NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. The W580 Music Maniac Sweepstakes ("Sweepstakes") sponsored by Sony Ericsson Mobile Communications (USA) Inc. ("Sony Ericsson" or "Sponsor") begins at 12:01 a.m. EST on 12/4/07 and ends at 11:59 p.m. EST on 1/30/08 ("Sweepstakes Period"). During the Sweepstakes Period, you may enter this Sweepstakes via the Internet by logging on to the website www.sonyericsson.com and following all entry directions there, and by providing all required information, including where the winner can be contacted on or after the drawing date (specified below). Incomplete, illegible, false or deceptive entries are void. All entries must be received by 11:59 p.m. EST on 1/30/08. Limit of one entry per person or e-mail address. Any attempt by any participant to submit more than the stated number of entries by using multiple or different e-mail addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Neither the Sponsor, nor the Sweepstakes Administrator will verify receipt of entries. All entries submitted become the sole property of Sony Ericsson and will neither be acknowledged nor returned. Data collected from entrants is subject to the Sponsor's Privacy Policy posted at www.sonyericsson.com.

  • ELIGIBILITY:

    From the time of entry through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident residing in the 50 United States or the District of Columbia, and be 18 years of age or older at the time of entry. Sweepstakes is void in Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions and where restricted or prohibited by law. The Sweepstakes, and any web site pages and advertisements relating thereto, is intended for viewing only within the United States. United States law governs this Sweepstakes. Employees of Sony Ericsson, its affiliated companies, parents, subsidiaries and advertising, promotion and judging agencies, (collectively, "Sweepstakes Entities"), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Sweepstakes.

  • DRAWING AND NOTIFICATION:

    Potential winners will be selected from all eligible entries received in a random drawing held on or about 1/31/08, under the supervision of Iris NY, an independent judging agency whose decisions concerning this sweepstakes are final. Odds of winning a prize depend on the number of eligible entries received. Limit of one prize per household. Potential Prize winner will be notified by e-mail only. If personal contact cannot be made with potential Prize winner within five (5) days from the first notification attempt, then such potential winner may be disqualified and an alternate potential Prize winner will be selected. Alternate Prize winners will be notified by e-mail. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to the winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the e-mail address associated with the winning entry.

  • PRIZES (10):

    a Sony Ericsson W580 phone ($299.99 approximate retail value). Total value of all prizes: $2,999.90. All expenses not specified, including but not limited to activation fees, other fees, service plan charges and taxes from the acceptance or use of the prize are the sole responsibility of the winner. Any expenses not mentioned above are the winner's responsibility. No transfer, substitution, or cash equivalent for prizes allowed except at Sponsor's sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if a prize cannot be awarded as described for any reason.

  • PRIZE CONDITIONS:

    Prize winner will be required to execute a Prize Acceptance/Address Verification Form ("Acceptance Form"). The Acceptance Form must be completed and returned within five (5) days of notification via e-mail, fax or mail. If the potential Prize winner fails to complete and return such Acceptance Form within that time, or if an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential winner will be disqualified and an alternate potential winner will be selected. Any prizes unclaimed by 11:59 p.m. on 3/17/07 will not be awarded. If prizes or prize notifications are returned as undeliverable, this will result in disqualification and an alternate potential winner will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of the alternate Sweepstakes entrant(s), if any. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption and any liability, which might arise from redeeming or seeking to redeem said prize. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by the Sponsor. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of each winner. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said winner's name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Sweepstakes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.

  • SWEEPSTAKES CONDITIONS:

    VOID WHERE PROHIBITED. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Administrator, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Winner and entrants also agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, or (ii) printing, distribution or production errors. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion.

  • RESTRICTIONS:

    The prize package consists of only those items specifically described as part of the prize. Sponsor may at its sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to winner or any person claiming through winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control (collectively, "Force Majeure Event").

  • LIMITATIONS OF LIABILITY:

    Sweepstakes Entities are not responsible for lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet, or at a web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from entering the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes and to select a potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any freight or delivery companies selected to deliver the Prize to the Winner, or for any non-delivery due to Winners waiver of receipt signature.
  • CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

  • ARBITRATION:

    Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes 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 final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Raleigh, NC; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. The parties shall split all AAA's charges associated with the arbitration and the parties shall bear their respective other costs and attorneys' fees. In reaching a decision, which shall set forth in writing the basis therefore, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of these Official Rules, but shall have the authority to order injunctive and/or other equitable relief. A judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. Any party may bring an action in any court of competent jurisdiction, if necessary, to compel arbitration under this arbitration provision, to obtain preliminary relief in support of claims to be prosecuted in arbitration or to enforce an arbitration award.

  • RULES/WINNERS LIST:

    To receive notification of the winners identity or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: Sony Ericsson W580 Music Maniac Sweepstakes (specify "Rules" or "Winners List"), PO Box 25309, Rochester, NY 14625-0309. You may also view the Official Rules at www.sonyericsson.com. SPONSOR: Sony Ericsson Mobile Communications (USA) Inc., 7001 Development Drive, RTP, NC 27709. SWEEPSTAKES ADMINISTRATOR: Iris NY, 632 Broadway Suite #901, New York, NY 10012.
  • © 2007 Sony Ericsson Mobile Communications (USA) Inc. All Rights Reserved.The Sony Ericsson Liquid Identity logo is the trademark of Sony Ericsson Mobile Communications AB. Sony is the trademark of Sony Corporation. Ericsson is the trademark of Telefonaktiebolaget LM Ericsson. All other marks are the property of their respective owners.