Over the last decade, TOMS has helped 50 million children around the world, and AT&T has been with them since day one. Now, we are helping TOMS celebrate their 10-year anniversary and a decade of doing good together with a the chance for social fans to win some swag.
Starting today, February 25, 2016 and running through Sunday, February 28, 2016, 4 fans will have the chance to win our exclusive AT&T Red Carpet Swag Bags. Three winners will receive $100 in vouchers, redeemable at TOMS.com, and a LGV10 device, while 1 lucky grand prize winner will have the chance to win 1 women’s and 1 men’s pair of the exclusive “Red Carpet Alpragata” TOMS shoes paired with 1 Samsung Galaxy S6!
To enter, follow @ATT on Twitter, find 1 of our tweets with the hashtag #SweepsForSwag and retweet to enter. Winners will be drawn daily, with the grand prize winner being selected during Sunday’s red carpet event.
Eligibility restrictions apply. Additional details and a link to the Official Rules can be found below. Make sure you don’t miss your chance to get your foot in the door, or in a pair of exclusive TOMS!
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.. Open to U.S. citizens who are legal residents of the U.S. or D.C. and who are at least the age of majority in their state of residence at the time of entry. Sweepstakes runs from 7 pm CT on 2/25/16 and ends at 7:59 pm CT on February 28, 2016. See Official Rules for details. Sponsored by AT&T Mobility LLC.
"AT&T SWEEPS FOR SWAG"
SWEEPSTAKES SPONSORED BY AT&T
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF UNITED STATES AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Sweepstakes Period: The "AT&T Sweeps for Swag Sweepstakes" ("Sweepstakes") commences at 7:00 PM CT on February 25, 2016, and ends at 7:59 PM CT on February 28, 2016 ("Sweepstakes Period"). The Sponsor's time clock will be the official time keeping devise for this Sweepstakes. All entries must be received by 7:59 PM CT on February 28, 2016. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
2. Eligibility: The Sweepstakes is open to U.S. citizens and U.S. resident aliens who are legal United States residents and U.S. resident aliens of one of the 50 United States (including D.C.) who are at least 18 years of age at time of entry (except 19 and above for Alabama and Nebraska residents, and 21 and above for Mississippi residents). Employees, agents, directors of AT&T Mobility LLC ("AT&T" or "Sponsor") and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes ("Sweepstakes Entities"), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; (e) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter; and (f) agree to release and hold harmless Sweepstakes Entities and Twitter from and against any and all liability, claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action. Subject to all applicable laws. Void outside the U.S. and where prohibited by law.
There is a limit of one (1) entry per person. If it is suspected that an entrant submits more than one (1) entry, only the first entry received will be considered.
4. Entry Guidelines: Entries must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, unauthorized copyrighted, trademarked, or patented properties (including, without limitation, “OSCAR”), including brand names, logos, or trade dress, unless otherwise authorized herein, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another's rights, including but not limited to, rights of privacy or publicity or any other intellectual property rights, material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, personally identifiable information, including but not limited to, name, likeness, license plates, phone numbers, personal addresses, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, or data that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, entries must not contain any claim that is not, and cannot be, substantiated or that would be false or misleading to a reasonable consumer.
Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Entry Guidelines specified herein or Sponsor's which communicate messages or images inconsistent with the positive images and/or good will with which Sponsor wish to be associated.
All entries submitted in compliance with these Official Rules and not disqualified are considered "Eligible Entries". Entries will not be returned and receipt of entry will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entries will not be acknowledged.
The odds of winning depend on the total number of Eligible Entries received during the Sweepstakes Period.
Drawing No. 1 Prize: One (1) Winner (hereinafter defined) will receive one (1) or more voucher(s) for use on TOMS.com, with a total approximate retail value ("ARV") of $100 and one (1) LG V10, with an ARV of $699.99;
Drawing No. 2 Prize: One (1) Winner will receive one (1) or more voucher(s) for use on TOMS.com with an approximate retail value ("ARV") of $100 and one (1) LG V10, with an ARV of $699.99;
Drawing No. 3 Prize: One (1) Winner will receive one (1) or more voucher(s) for use on TOMS.com, with an approximate retail value ("ARV") of $100 and one (1) LG V10, with an ARV of $699.99; and
Drawing No. 4 (Grand Prize): One (1) Grand Prize Winner (hereinafter defined) will receive one (1) a pair of women’s exclusive “Red Carpet Alpragata” TOMS shoes, with an approximate retail value ("ARV") of $100, (1) a pair of men’s exclusive “Red Carpet Alpragata” shoes, with an approximate retail value ("ARV") of $100, and one (1) Samsung S6 Edge+, with an ARV of $814.99.
Choice of shoe size is sole discretion of winner. Winners, Guests and attendees are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded. Prize dates are subject to change in Sponsor's sole discretion. If a Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative potential winner may be selected from among the remaining applicable Eligible Entries received if time permits. Guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age). The Drawing No. 1 Prize, Drawing No. 2 Prize, Drawing No. 3 Prize and Drawing No. 4 Prizes will hereinafter collectively be referred to as ("Prize" or "Prizes"). The total ARV of all of the Prizes is $3,414.96. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
7. Prize Drawings: This Sweepstakes has four (4) separate drawings as specified below (each a ("Drawing " and collectively "Drawings") during which potential winners will be randomly selected from among the Eligible Entries received for a total of four (4) Winners, including one Grand Prize Winner. All times are in "CT".
Drawing Draw Date and Time No. of Winners
1 2/26/16 9:00 am CT 1
2. 2/27/16 9:00 am CT 1
3. 2/28/16 9:00 am CT 1
4. 2/28/16 8:00 pm CT 1
All Eligible Entries not selected during any one Drawing will remain in the pool of entries for any subsequent Drawing during the Sweepstakes Period. There is a limit of one (1) Prize per entrant. In the event of a dispute over who submitted a winning entry, the "authorized account subscriber" of the Twitter account used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify AT&T in writing if the entrant changes his or her Twitter account during the Sweepstakes Period. The "authorized account subscriber" for Twitter is defined as the natural person who is assigned an account by Twitter. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor's satisfaction of being the authorized account subscriber may be required by Sponsor.
8. Publicity Release: By participating in Sweepstakes, each Winner grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape, share on all social platform and photograph the Winner ("Images"). These Images will be owned by Sponsor. Sponsor shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
9. Winner Selection and Notification: Potential winners will be selected in random Drawings from among all Eligible Entries as specified in Section 7 herein by AT&T. The potential winners will be notified by AT&T by direct message on Twitter and will be required to confirm his/her name, address and phone number within twenty-four (24) hours from when direct message is sent. If a potential winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, an alternate potential winner will be selected in a random drawing from among all remaining applicable Eligible Entries received. AT&T will then attempt to contact the potential winner via the telephone number provided to confirm his/her eligibility. No messages will be left on answering machines or voicemail systems. If a potential winner cannot be reached directly, does not meet the eligibility requirements, is otherwise in violation of these Official Rules and/or declines the Prize for any reason, such potential winner will be disqualified and an alternate potential winner will be selected in a random drawing from among all remaining applicable Eligible Entries received.
10. Winner Verification:
Potential Winner Verification for Drawing No. 1 Prize, Drawing No. 2 Prize, Drawing No. 3, and Drawing No. 4 Grand Prize: These potential winners must prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver's license, passport or similar government issued identification when notified of being a potential winner. Potential winners may be required to execute and return within the time period specified by Sponsor an affidavit of eligibility, a liability release and, where lawful, a publicity release upon notification (collectively, the “Prize Documents”). If the Prize Documents are not returned within the specified time period or potential Winner is not in compliance with these Official Rules, Prize will be forfeited, Sponsor will have no further obligation to the potential winner, and, at Sponsor’s discretion, an alternate Winner may be selected. When the Prize Documents are properly executed and returned within the specified time period, and entrant is otherwise in compliance with the Official Rules, entrant will be determined to be a Winner. Sponsor is not responsible for any change in entrant’s email address, telephone number or any other contact information. Failure to collect or properly claim the Prize in accordance with these Official Rules and Sponsor’s requirements will result in forfeiture of the Prize. If Prize is forfeited for any reason, Winner will not receive any other prize substitution or compensation. Prize and or Prize documents returned as undeliverable will result in forfeiture of Prize. All Prize Documents become the property of Sponsor and will not be returned. In the event of non-compliance by the potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternate potential Winner may, in Sponsor’s sole discretion, be chosen from among all of the remaining Eligible Entries received. By entering this Sweepstakes, entrants grant to Sponsor, except where prohibited by law, the full permission and authority to use entrant’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary.
By participating in Sweepstakes, Winners acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners deem appropriate.
11. Prize Terms: The dates for fulfillment of the Prizes will be on or about February through March 2016, but subject to change in Sponsor's sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner or Guest who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prizes are solely each individual Winner's responsibility. PRIZES ARE PROVIDED "AS IS". ENTRANTS ACKNOWLEDGE THAT 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 THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes, including all travel arrangements, will be made by Sponsor.
12. Taxes: The Winners must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving Prize. The value of Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely each individual Winner's responsibility.
13. General Terms: Sweepstakes Entities and Twitter are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor's sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on soc.att.com/SweepsforSwag if time permits and the Prizes will be awarded to Winners to be selected in a random drawing from among all of the remaining uncorrupted, applicable Eligible Entries received prior to any such event, or in any manner that is fair and equitable as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities and Twitter from any and all liability arising out of or relating in any way to entrant's participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and Twitter. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from entrant's participation in Sweepstakes or the receipt or use of the Prizes.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANYENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW. THE TEXAS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
14. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by April 28, 2016. For the names of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: AT&T, Attention AT&T® Sweeps for Swag Sweepstakes", Floor 11 208 S. Akard St, Dallas, TX 75202; and (ii) write, as applicable, "Winners List" or "Official Rules" on the lower left hand corner of the envelope.
15. Sponsored by: This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION
16.1 By entering this Sweepstakes, you and AT&T agree to arbitrate all disputes and claims arising out of or relating to this Sweepstakes, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before entry into the Sweepstakes (including, but not limited to, claims relating to
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of the Sweepstakes Period.
For purposes of this Section 16 only, references to “AT&T,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates sweepstakes. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Sweepstakes, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
16.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at http://www.att.com/arbitration-forms.
16.3 After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
16.4 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
• pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
• pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
16.5 The right to attorneys' fees and expenses discussed in paragraph 10.4 supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
16.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
16.7 Notwithstanding any provision in these Official Rules to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Open to U.S. citizens who are legal residents of the U.S. or D.C. and who are at least the age of majority in their state of residence at the time of entry. Sweepstakes runs from 7:00 PM CT on 2/25/16 and ends at 7:59 PM CT on 2/28/16. See Official Rules for details. Sponsored by AT&T Mobility LLC.