PINGER "ALL 3 FOR FREE" CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

1. Sponsor. The Pinger "All 3 For Free" Contest (the "Contest") is sponsored by Pinger, Inc. ("Pinger") (the "Sponsor"), and is managed by Pinger. You may contact Pinger either by mail at 97 South 2nd Street, Suite 210, San Jose, CA 95113, telephone at (408) 535-2770 or by e-mail at contest@pinger.com.
2. Rules. The Contest is governed by these rules, terms and conditions (the "Official Rules"). By participating in the Contest, you agree to these Official Rules and the decisions of the judges which are final and binding. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes from among the eligible entries received up to the time of the impairment.
3. Contest Period. The Contest begins on December 4, 2006 at 12:00 a.m. Pacific Time (PT) and ends on December 13, 2006 at 11:59 p.m. PT (the "Contest Period"). All registration attempts made outside the Contest Period are void.
4. Participation; Eligibility. To participate in the Contest, you must (i) be a legal resident of the fifty (50) United States including the District of Columbia, (ii) be at least 18 years of age at the time of entry; (iii) be or become a Pinger member having a Pinger user account during the Contest Period; (iv) add a contact with the first name "Pinger" the last name "Contest" and with an email address of contest@pinger.com to your Pinger contact; and (v) call the Pinger "send" number provided to you and send your contest message to "Pinger Contest" as the recipient.
   
   Only one entry per person, regardless of method of entry, unless the participant sends 10 or more Pinger messages to third parties during the Contest Period, in which case two entries per person are allowed. If multiple entries are submitted, only the first entry received (and the second, if applicable) will be considered. Participants submitting multiple entries or violating any of these Official Rules may be disqualified.
   
   You may not enter the Contest if you are an employee, director or other representative (and their respective IRS dependents, immediate family members (spouse, children, parents, siblings) and individuals residing in their same household), of the Sponsor, its parent companies, affiliates, subsidiaries, licensees, advertising, promotion or production agencies. The Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner they deem appropriate.
5. Submitted Message. By entering the Contest, you expressly agree not to submit a message ("Submission") that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that Sponsor may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. Sponsor shall not be liable in any way for a Submission. Sponsor shall have no obligation to monitor the Submission provided by you to Sponsor, but may do so at their discretion. Any Submission that, in the sole discretion of Sponsor, is considered inappropriate or unsuitable for publication will be deemed ineligible by Sponsor, and Sponsor may, in their sole discretion, remove a Submission from consideration.
   
   Except where prohibited, by entering this Contest, you consent to the use of your name, photo and/or likeness, biographical information, Submission and statements attributed to you for advertising and promotional purposes without additional compensation. As such, you hereby grant to Sponsor a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as Sponsor see fit for any reason, to identify you as the author of the Submission, and to authorize others to do any of the above without any obligation to compensate you.
   
   You represent and warrant to Sponsor that (i) you are the sole and exclusive owner of your Submission, or that you have all right and authority to grant the rights in the Submission to Sponsor described herein; (ii) you have obtained any and all releases necessary from all persons depicted in the Submissions, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event that a person depicted in a Submission is under eighteen (18) years of age, you are the parent or legal guardian of such person, or if you are not the parent or legal guardian, you have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Submission for the Contest.
6. Your Information. The information submitted by you during the registration process includes your name and e-mail address ("Personal Information") and will only be used by Sponsor in accordance with applicable data protection regulations and the Privacy Policy of its website, for the purposes of administrating your participation in the Contest.
7. How Winners are Selected. Contest winners will be determined based on a combination of community voting by visitors to a designated Contest website and a judgment by a qualified panel of judges consisting of Sponsor representatives, with community voting taking place between Friday, December 15, 2006 and midnight of December 18, 2006 at kotaku.com. Altogether, three (3) winners will be selected. The Submissions will be judged based on the following criteria: (i) consistency with the theme of the Contest, and (ii) creativity and quality of the Submission. The decisions of the judges will be final.
8. Prizes. Three (3) winners will be awarded the prizes described below. Taxes, if any, related to the prizes are the sole responsibility of the winner. The prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at their sole discretion, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. Sponsor will not replace any lost or stolen prizes.
   
   
   • First Prize: one (1) 20GB Sony Playstation 3, one (1) Nintendo Wii, & one (1) Microsoft Xbox 360
     
   • Second Prize: one (1) 20GB Sony Playstation 3
     
   • Third Prize: one (1) 20GB Sony Playstation 3
     
   • TOTAL VALUE:     $2346    
     
   
   
9. Winner Notification; Declaration of Eligibility and Release Form; Delivery of Prizes. Potential winners will be notified after the end of the Contest Period to the e-mail address provided by the winner during the registration process. If a participant changes his/her e-mail address after entering into the Contest, it is his/her sole responsibility to update his/her e-mail address in their Pinger account by the end of the Contest Period. Potential winners will be required to sign a Declaration of Eligibility and Release Form, which must be properly executed and returned within ten (10) days after notification and issuance of the Declaration of Eligibility and Release Form.
   
   The prizes shall be delivered to the winners at the address on their respective Declaration of Eligibility and Release Forms. Delivery of the prizes may be by courier service, postal service or other means as determined solely by the Sponsor. The Sponsor shall not be liable for any loss or damage whatsoever that is suffered (including, but not limited to, indirect or consequential loss) in the delivery of the prizes to the winners.
   
   If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or a Declaration of Eligibility and Release Form is not timely received, is incomplete or modified, the prize shall be forfeited and an alternate winner may be selected from remaining Submissions. In the event of a dispute regarding who submitted a Submission, a Submission will be deemed submitted by the authorized account holder of the e-mail account specified in the Submission. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service 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.
10. LIMITATION OF LIABILITY. BY PARTICIPATING IN THE CONTEST, YOU WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE OFFICIAL RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF ITS AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, OR ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM (I) PARTICIPATION IN THE CONTEST (INCLUDING BUT NOT LIMITED TO ANY ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE BY THE WINNER), OR (II) THE SUBMISSIONS, INCLUDING, WITHOUT LIMITATION THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY SUBMISSIONS. WINNERS AGREE TO ACCEPT THE PRIZE "AS IS".
11. Miscellaneous. You acknowledge and agree that no form of cheating will be tolerated. Any persons found cheating, as determined in the sole and absolute discretion of Sponsor, will immediately be disqualified from the Contest. Cheating includes, but is not limited to, tampering, hacking of the Pinger services, participating in the Contest without meeting the eligibility requirements, using any automated software or device to gain an advantage during the Contest, use of the Contest beyond the defined rules of the Contest, attempting to disable or overwhelm Sponsor computer equipment, attempting to disrupt any portion of the Contest, including but not limited to, allowing somebody else to use your Personal Information, or tampering with entry process. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY OF SPONSOR'S SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for printing or typographical errors in any Contest related materials; or for Submissions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access any website associated with this Contest. The Contest is void where prohibited or restricted by law, and is subject to all applicable mandatory federal (national), state and local laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the California, USA., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of San Francisco, California. Allow 2-3 weeks for delivery of prizes. For a list of prize winners or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to Pinger Message Contest, Pinger, Inc., 97 South 2nd Street, Suite 210, San Jose, CA 95113, or (for Winner's list only) send an e-mail message to contest@pinger.com with "Winner's list" as the e-mail subject and contest name specified in the body of the e-mail.