This initiative is being sponsored by Rail Jam (”Rail Jam”), with the help of Telescope Inc. (”Telescope”) (the “Initiative”).
Initiative Period
February 1, 2010–June 1, 2010
Voting for Rail Jam Riders at Events
To vote for your favorite Rail Jam rider send a text message to the number 80801 with the numerical keyword assigned to the rider. The rider’s number will be promoted at the event. Wireless subscribers with 2-way text messaging capabilities may text in to the short code 80801 to cast their vote.
The voting window will be open for a limited time, subject to the Rail Jam campus event schedule. While voting is open, you may vote a maximum of 5 times. If you try to vote after voting closes, your votes will not be counted.
Sending Comments to the Event DJ
To send your comments to the event DJ, send a text message with the keyword “JAM” and your message to the short code 80801. You will receive a confirmation message when the DJ receives your comment. Wireless subscribers with 2-way text messaging capabilities may text in to the short code 80801 to send in their comments.
Participant Requirements
You must have a wireless device of your own capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Participant Opt-Out or Help
You may opt-out from participating at any time by sending any of the following words to 80801: STOP, QUIT, END, UNSUBSCRIBE or CANCEL.
To get help at any time, text HELP to 80801, or email info@telescope.tv or call 888-728-2180.
Notices
Costs: You will be charged the standard text messaging fee charged by your wireless carrier for each message you send or receive, in accordance with the terms of your cellular subscription plan. Other carrier-specific rates may apply, depending on your individual wireless pricing plan, in accordance with your wireless customer agreement. You are responsible for all applicable taxes. Consult your wireless service provider regarding their pricing plans. Message and Data rates may apply.
Participating Wireless Carriers: Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cricket, Immix Wireless, Nextel, Revol Wireless, Sprint, Unicel, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile, and West Central Wireless.
The service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier.
Rights
Releases; No Warranties; Reservations
By participating, you agree to release and hold harmless Rail Jam, Telescope and Participating Wireless Carriers (”Released Parties”) and their respective representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with this Initiative, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this Initiative. Participating Wireless Carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this Initiative, and none of them will have any liability or responsibility for any claim arising in connection with participation in this Initiative.
The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished by third parties in connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.
Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to send a message, including any injury or damage to your or any other person’s wireless device relating to or resulting from participating in this Initiative.
Rail Jam reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Initiative for any reason without notice, including, without limitation, virus, bugs, non-authorized human intervention, fraud or other causes beyond its control, including, without limitation, anything that affects the administration, security, fairness or proper conduct of this Initiative.




