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Digital Phone smart fortwo Sweepstakes
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Digital Phone smart fortwo Sweepstakes

Time Warner Cable brings you the “Digital Phone smart fortwo Sweepstakes” ~ the coolest contest of the summer! How would you like to be the new owner of a smart fortwo? Switch your home phone service to Time Warner Cable and you are automatically entered for a chance to win* a smart fortwo passion cabriolet plus $1000 in cash, one of 10 $500 gas cards, free Digital Phone for a year, and other awesome prizes!

See why Digital Phone is the smart choice in home phone service:

  • Unlimited local and long distance calling in the
    US, Canada, & Puerto Rico
  • AT&T customers can save $90 a year on average,
    by switching to Digital Phone
  • Popular calling features: FREE Caller ID on TV, 3-way Calling, Caller ID, Call Waiting, Call Waiting ID, and more at no extra charge
  • Keep your same phone number for free, works with existing phones and jacks
  • Enhanced 9-1-1

NO PURCHASE NECESSARY.

“Digital Phone smart fortwo Sweepstakes”
Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING

1. SWEEPSTAKES PERIOD:  The “Digital Phone smart fortwo Sweepstakes” (the “Sweepstakes”), sponsored by Kansas City Cable Partners Trust d/b/a Time Warner Cable (the “Sponsor”), begins at 12:00 AM Central Time (“CT”) on July 21, 2008 and ends at 11:59 PM CT on September 21, 2008 (the “Sweepstakes Period”).  Sprint Communications L.P. and Daimler AG are not sponsors of the Sweepstakes.

2. ELIGIBILITY:  This Sweepstakes is open to any individual who is 18 years of age or older at the time of entry and a legal resident of (and residing at the time of entry in) a Sponsor serviceable zip code within the states of Missouri or Kansas (the “Eligibility Area”).  To determine if you live in a Sponsor serviceable zip code, call (816) 358-8833 or see Section 12c below for how to obtain a list of eligible zip codes by mail.  Further, in order to be eligible to win the Grand Prize, the winner must also: (a) have a valid driver’s license; and (b) have legally required automobile insurance covering the prize vehicle prior to taking possession of the prize vehicle.  Employees, officers, directors and agents of Sponsor, Sprint Communications L.P., Daimler AG, Gold N Fish Marketing Group LLC, Promotion Mechanics, Inc. ("Administrator"), their respective parents, divisions, affiliates, subsidiaries, agents, and companies involved in the implementation, execution and fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”), and their immediate family members regardless of where they live, or members of the same household of each [whether related or not]) are not eligible to participate in the Sweepstakes or to win any prize.  VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.  All federal, state and local laws and regulations apply.

3. TO ENTER:  There are two ways to enter the Sweepstakes:

a. By subscribing as a new Time Warner Cable Digital Phone service customer:  You will automatically receive one entry into the Sweepstakes when you subscribe as a new qualifying Time Warner Cable Digital Phone service customer during the Sweepstakes Period.  For details, visit a participating Time Warner Cable retail location or contact Time Warner Cable at (816) 358-8833.  To earn an entry by subscribing as a new Time Warner Cable Digital Phone service customer, you must not have had the same Digital Phone service during the 30 days prior to date of entry, and your new service installation must be completed no later than October 21, 2008.  Subscription entries not satisfying these conditions will be void.  Sponsor is not responsible for loss of entry due to installation difficulties or delays of any kind.  Individuals subscribing to Time Warner Cable Digital Phone service may opt-out from the Sweepstakes when subscribing to the service.

b. By mail (no purchase necessary):  Hand print your name, complete address, phone number, and date of birth on a postcard.  Mail your completed entry to:  “Digital Phone smart fortwo Sweepstakes” Entry, PMI Station, PO Box 3515, Southbury, CT  06488-3515.  Mail-in entries must be postmarked by September 21, 2008 and received by September 29, 2008.  No mechanical reproduction of entries permitted.  Entries must be mailed separately.  Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail.

Limit one entry per person/phone number, regardless of method of entry.  Any attempt by any person to obtain more than one entry by using multiple/different names, identities, or any other methods will void all but that participant’s first entry.  Late, incomplete, and/or duplicate entries will be disqualified.  

Sponsor will send Administrator a non-personally identifiable list of each entrant (via the purchase method of entry) for the purpose of selecting potential winners.  After Administrator randomly selects the potential winners, Sponsor will provide Administrator with the names and contact information of any potential winner(s) selected from the purchase entrants.

4. DRAWING/PRIZES/ODDS:  On or about November 4, 2008, an independent judging organization will conduct a random drawing from among all eligible entries received to award the following prizes:

One (1) Grand Prize is available.  The Grand Prize consists of a 2008 smart fortwo automobile (the “Vehicle”) and a check in the amount of $1,000, intended to assist the winner with his/her registration costs but issued without restriction.  The approximate retail value (“ARV”) of the Grand Prize is $17,830.  Vehicle may be previously titled and driven as many as 1,000 miles prior to being awarded, and as such may be considered "used" when being titled by the winner in his/her jurisdiction of residence.  The Vehicle will be awarded solely with the express written limited warranties set forth in the Vehicle's applicable Owner's Guide, which warranties shall run for the term set forth in said Guide.  Apart from any applicable remaining manufacturer warranties, the Vehicle will be awarded on an "AS-IS" basis without warranty, guaranty or representation of any kind express or implied by Sponsor (including without limitation any implied warranty of merchantability or fitness for a particular purpose, safety, durability, reliability, and/or performance).  Grand Prize winner will have thirty (30) days from notice of availability to pick up the Vehicle at a location selected by Sponsor within the greater Kansas City area.  Grand Prize winner must present a valid driver's license, evidence of insurance and any other information required by Sponsor in order to pick up the Vehicle.  If the winner does not pick up the Vehicle within such thirty (30) day period or otherwise fails to satisfy the requirements set forth in these Official Rules, the Vehicle will be forfeited and awarded to an alternate winner selected at random from among the remaining eligible entries.  Sponsor or its designee will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of the Grand Prize.  Grand Prize winner is solely responsible for all federal, state and local taxes, including incremental income taxes; license, title and registration fees; insurance; travel to/from the pick-up point determined by Sponsor; and any other expenses related to acceptance and use of the Vehicle.  Model, color and accessories on Vehicle will be chosen by Sponsor in its sole discretion and may vary from those depicted in Sweepstakes advertising and promotional materials.

Ten (10) First Prizes are available. Each First Prize consists of a $500 prepaid debit gas card, good for purchases at most gas stations where major credit cards are accepted, ARV $500 each.  Use of prepaid gas card is subject to terms and conditions printed on the card and accompanying materials.  Prepaid gas cards will not be replaced if lost or stolen.

Ten (10) Second Prizes are available.  Each Second Prize consists of a year of Sponsor’s standard Digital Phone service, awarded as a credit for twelve (12) successive months on the winner’s bill for Sponsor’s standard Digital Phone service, maximum ARV $479.40 each.  Second Prize does not include international long distance or operator services/directory assistance, and can not exceed $39.95 value per month.  Need not be a cable subscriber to win prize, some restrictions may apply.  Prize will not be awarded unless potential winner (1) resides within the activated service area of Sponsor as determined by Sponsor and qualifies for a "standard installation" as defined by the franchise agreement granted by the city of Kansas City; and (2) the potential winner signs or has signed a standard subscription agreement of Sponsor.  If a winner leaves Sponsor’s serviceable area and/or accrues outstanding obligations to a Sponsor during the prize term, winner shall forfeit the remainder of the subscription with no further obligation to winner. 

Fifty (50) Third Prizes are available  Each Third Prize consists of a coupon good for one standard Pay-Per-View movie via Sponsor’s digital video on demand service, maximum ARV $3.99 each.  Coupon expires 4/30/09.  Coupon is limited to residential use only.  Sponsor’s digital cable service is required to access Sponsor’s digital video on demand service.  Monthly service and equipment fees, franchise fees, and taxes additional.  Digital cable and all programming services and features may not be available in all areas.  Names of programming services, features, and/or programmers are the property of their respective owners.  Offer may not be combined with other discounts, offers or promotions.  Coupon is void if altered or transferred, and will not be replaced if lost or stolen.  Coupon is not redeemable for adult movies, events or special programming.  Use of coupon is subject to additional terms printed on coupon.  In the event a potential Third Prize winner is not a Digital cable subscriber, he/she will have the option to receive a check in the amount of $3.99 in lieu of the Third Prize.

Total ARV of all prizes is $27,823.50.  Odds of winning a prize depend on the total number of eligible entries received.

5. WINNER NOTIFICATION/ADDITIONAL PRIZE TERMS:  The potential prize winners will be notified by telephone and/or mail and/or e-mail, using contact information provided or collected at the time of entry.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.  No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason.  Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If a potential winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.  Limit one (1) prize per person/household/account. 

6. GENERAL:  Entries and other submitted materials become the property of the Sponsor and/or its promotional partner(s) and will not be acknowledged or returned.  Sweepstakes Entities are not responsible for incomplete, late, lost, misdirected entries or postage-due mail, or for any technical malfunction, printing error, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof.  Entries are void if unreadable, inaccurate, incomplete, tampered with, forged, irregular in any way, or otherwise not in compliance with these Official Rules.  Although the Sweepstakes Entities attempt to ensure the integrity of the Sweepstakes, the Sweepstakes Entities are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes.  If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select winners from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.  Entry must be made by the entrant and via the means described above in Section 3 only.  In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  In the event of any conflict between these Official Rules and any abbreviated rules or advertising distributed in connection with the Sweepstakes, the terms and conditions of these Official Rules shall prevail.  Use of any device to automate entry is prohibited.  You are not a winner until entry has been verified and you have complied with these Official Rules.

7. RIGHTS OF PUBLICITY:  By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and the potential winners may be required to provide a signed and notarized release acknowledging such consent.  Moreover, by entering this Sweepstakes, unless prohibited by law, the potential prize winners agree to grant to the Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion.

8. CONDUCT:  BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF SPONSOR (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; (B) REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND (C) AGREE to comply with all federal, state and local laws and regulations.   SPONSOR RESERVES THE RIGHT, AT ANY TIME AND AT ITS SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SPONSOR, ANY INDIVIDUAL IT SUSPECTS: (A) TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES; (B) TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES, SPONSOR’S PRIVACY POLICY, OR OTHER TERMS, CONDITIONS OR GUIDELINES; (C) TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; (D) TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR (E) TO BE IN VIOLATION OF THESE OFFICIAL RULES.  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS.  SHOULD THE SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

9. RELEASE AND INDEMNIFICATION:  BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES ENTITIES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

10. LIMITATION OF LIABILITY:  IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE SWEEPSTAKES, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES.  WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. DISPUTES:  Except where prohibited, entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the State of Missouri.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.

12. MISCELLANEOUS:

(a) Severability/Headings:  If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.  Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

(b) Winners:  For a list of winners, send a self-addressed stamped envelope to: “Digital Phone smart fortwo Sweepstakes” Winners, PO Box 750, Southbury, CT  06488-0750.  Requests must be received by December 4, 2008.

(c) Rules Requests/Eligible Zip Codes:  To receive a copy of these Official Rules and a list of eligible zip codes, send a self-addressed, stamped envelope to: “Digital Phone smart fortwo Sweepstakes” Official Rules and Zip Codes, PO Box 750, Southbury, CT  06488-0750.  Requests must be received by December 4, 2008.

Sponsor:  Kansas City Cable Partners Trust d/b/a Time Warner Cable, 6550 Winchester Avenue, Kansas City, MO  64133.

Administrator: Promotion Mechanics, Inc., 87 South Main St, Newtown, CT  06470

© 2008 Kansas City Cable Partners Trust d/b/a Time Warner Cable. All rights reserved.

smart - a Daimler brand.

Digital Phone does not include back-up power and, as in the case with an electric-powered home cordless phone, should there be a power outage, Digital Phone may not be available. Additional charges apply for taxes, fees, Directory Assistance, Operator Services and calls to International locations (excluding Canada and Puerto Rico). Other restrictions may apply. Call for details. Digital Phone: $90 annual savings claim is based on the average costs for local and long distance reported in the 2007 J.D. Power and Associates Residential Telephone Customer Satisfaction Study.

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