1. No purchase is necessary to enter the contest or claim a Prize. Br.st does not currently offer any paid services. No skill
is necessary to enter or win.
2. Sponsor: The sponsor of this Sweepstakes is Brinkster Communications Corporation (the parent company of br.st), located at
2600 N Central Ave, Suite 310, Phoenix, AZ 85004 (“Sponsor”).
3. Eligibility: Br.st’s 25 Days of Christmas Contest (the “Sweepstakes”) is offered to anyone that has an active Twitter
(http://twitter.com) account and an active Br.st (http://br.st) account who is at least 13 years of age. Prize winners may be asked to
participate in a Twitter interview. Participation in the requested interview is required to maintain eligibility. Employees and agents
of Sponsor and/or its affiliates, agencies and distributors (“Associated Persons”), members of such Associated Persons’ families, and
individuals living in the same household with such Associated Persons are not eligible to win. Void where prohibited or restricted by
law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
4. How to Enter: The Sweepstakes begins at 11:00 PM Coordinated Universal Time (“UTC”) on November 25, 2009 and ends at
7:00 AM UTC on December 25th, 2009 (the “Promotion Period”). To enter to win a Nintendo Wii you must post a tweet from the br.st Twitter
client with the following contents: “http://br.st #wiigiveaway”. To enter to win a MacBook Pro you must post a tweet from the br.st Twitter
client with the following contents: “http://br.st #macgiveaway”. You can enter easily by logging in to http://br.st and clicking on either
the Wii button or the MacBook Pro button on the right sidebar. Alternatively you can upload an image or file to br.st, then post a tweet
containing the br.st short link to that image or file, and this will give you one (1) entry for the Nintendo Wii giveaway and one (1) entry
for the MacBook Pro giveaway. Limit of five (5) entries per person / per entry period / per giveaway for the Nintendo Wii or the MacBook
Pro (described below in Section 5). Sponsor’s decisions will be final in all matters relating to the Sweepstakes and winner eligibility.
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 entries, which will be disqualified. Each potential winner may be required to show proof
of being the authorized account holder of the account associated with the winning entry in order to be awarded a prize.
5. Prize Drawing and Entry Periods: Prize winners for the Nintendo Wii will be selected in a drawing occurring on
December 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, and 24, 2009, during each 24 hour block during the
Promotion Period. Prize winners for the MacBook Pro will be selected in a drawing occurring on December 4, 11, 18, and 25, 2009,
during each 24 hour block during the Promotion Period. Valid entries received during a prize drawing period will not be included subsequent
entry period(s). An official entry will only be counted if the Twitter service displays the entry from their public search stream
(http://search.twitter.com/). Sponsor is not responsible for entries undelivered to the public search stream. If any potential winner cannot
be contacted, or if prize is returned as undeliverable, potential winner forfeits prize.
6. Odds: There will be a total of twenty-five (25) Prize winners. Odds of winning the drawing will depend on the number of
entries received during the applicable entry period(s).
7. Prizes and Approximate Retail Values: There will be twenty-five (25) Prizes in total. Winners will have the option of being
sent the approximate retail value of the prize ($1,199.00 for the MacBook Pro or $199.00 for the Nintendo Wii) in the form of a check or the
United States version of the prize. Winners will be responsible for any and all extra charges related to the prizes including but not limited
to all insurance, federal, state, and local taxes on the prize or the prize winner’s income and any other unspecified expenses associated with
acceptance of use of prizes.
8. Use of Information: The information provided on the Sweepstakes entry form or in connection with winning a prize may be used in
accordance with Sponsor’s privacy policy which can be viewed at http://br.st/privacy-policy.aspx. By entering the contest you consent to Sponsor
using your Twitter username and your real name in public contest notifications.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Brinkster Communications Corporation, and
any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers,
directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action
of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes 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. Limitations of Liability: The Released Parties are not responsible for: (1) any 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 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; or (5) any injury or damage to persons or property which may
be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize or
while traveling to or from any prize-related activity. 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 drawing among all legitimate,
un-awarded, eligible prize claims.
Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, abbreviate or suspend the Sweepstakes or any portion
thereof for any reason without further obligation or advance notice. If the Sweepstakes is not capable of running as planned by Sponsor,
notice will be posted on http://br.st/giveaway. In the event that the Sweepstakes is abbreviated for any reason, the Sponsor reserves the
right at its sole discretion, but is under no obligation, to award prizes from among all valid and eligible entries received up to the time
of termination.
By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with the Sweepstakes, in Sponsor’s sole
discretion, shall be disqualified. In the event of a dispute as to who submitted an entry, the Entry will be deemed submitted by the
authorized account holder of the Twitter account submitted at the time of entry. “Authorized account holder” means the natural person who
is in control of the email address associated with the entering Twitter account.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE 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 REMEDIES AND DAMAGES
(INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If any portion of these rules is determined to be invalid or illegal, the remaining portions of these rules will remain in effect and be
construed with their terms as if the invalid or illegal provision were not contained herein.
11. Disputes: Entrant agrees that: (i) 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 appropriate Arizona State Court located in Phoenix, Arizona; (ii) 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 (iii) 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 LIMITATIONS 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 the entrant and Sponsor in connection with the Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or
conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Arizona.
12. Notification: Winners will be contacted directly via a direct message from the Sponsor’s Twitter account (@brdotst) and
posted on http://br.st/giveaway. It is the Entrant’s sole responsibility to contact Sponsor to collect Prize. If winner does not contact
Sponsor within 48 hours after announcement of winning has been made on http://br.st/giveaway.aspx, the prize will be forfeited.
13. Winners List: The Twitter user names of the winners will be posted on http://br.st/giveaway.aspx between December 1 and December
25, 2009.