Contest Rules



OFFICIAL RULES

The following sets forth the Official Rules ("Rules") for any contests ("Contests") operated by Mypengo Mobile USA, Inc. ("Provider") (in cooperation with various wireless carriers) through its mobile entertainment services. By participating in any of the Contests, entrants agree to be bound by these Rules and the decisions of Provider with respect to the Rules and the operation and administration of the Contests, including without limitation, the selection of the winners.

1. SKILLS CONTESTS

The Contests are one or more skills contests in which the winners are determined based on their knowledge and skill in certain subject matters. Entrants can only participate in these Contests by means of SMS services (SMS = Short Message Service), hereinafter to be referred to as the "Services", that the Provider supplies entrants through the third-party carriers selected by entrants. The Contests are for entertainment purposes only and may not be used for any form of gambling or wagering.

The Contests may feature monthly games involving multiple players. Games will usually involve word puzzles or questions requiring knowledge of a variety of subjects and puzzles/questions may increase in difficulty over the period of the Contests until a winner is determined.

The Contests are sponsored and administered by the Provider. There is no charge by Provider for an entrant to sign up for the Contests. However, in order to participate in the Contests, entrants must sign up for service with one of the carriers listed at the link "Winners" on the website and agree to the Terms and Conditions relating to use of such services. Carriers will typically charge entrants either a fee per question or puzzle or delivered message or a monthly fee depending on the carrier to participate in any of the Contests offered during a particular month. Check with your carrier for the specific fee that is charged. YOU MUST PAY THE FEES CHARGED BY YOUR CARRIER IN ORDER TO COMPETE FOR THE PRIZES LISTED BELOW.

2. ELIGIBILITY

The Contests are open only to persons who, at the time of entry, are (a) legal residents of, and are physically present in, the 48 continental United States and the District of Columbia (excluding Arizona, Colorado, Connecticut, Iowa, Maryland, North Dakota, Tennessee and Vermont) and (b) eighteen (18) years of age or older or the age of majority in their state of residence, whichever is older. Employees of Provider, and any advertising and promotion agencies involved with the Contests, and each of their respective parent companies, subsidiaries, divisions, affiliates and related companies, and any immediate family members and/or those living in the same household of such employees are not eligible to participate or win.

Provider, in its sole discretion, may disqualify any entrant from participating in the Contests, refuse to award points or prizes, and require the return of any prizes, if an entrant engages in any conduct Provider deems to be improper, unfair or otherwise adverse to the operation of the Contests or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during contest registration or prize claim, violating any term or condition stated herein, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or prizes, tampering with Provider's administration of the Contests, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on Provider's website. Each entrant further acknowledges that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Provider from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Entries will be declared made by the authorized account holder of the mobile telephone account from which the winning entries were submitted. "Authorized account holder" is defined as the natural person who is assigned to the account by the carrier or service provider.

Sprint and Virgin subscribers are not eligible for prizes.

3. HOW TO ENTER CONTESTS

You may enter the Contests by first registering for the Services sponsored by Provider. Thereafter, you will be asked whether you wish to play in a particular Contest or posing a question or puzzle in a particular Contest. If you respond, you are automatically entered in the Contest for the applicable Contest Period (See Section 4 below). PLEASE NOTE THAT IF YOU ENTER A CONTEST AFTER THE CONTEST PERIOD HAS COMMENCED, YOU MAY HAVE FEWER OPPORTUNITIES TO EARN POINTS THAN OTHER ENTRANTS. THERE WILL BE NO ADJUSTMENTS MADE BASED ON THE TIME OR DATE AN ENTRANT STARTS PARTICIPATING IN A CONTEST.

Entries and Contest responses or answers will not be returned to any entrant. YOUR ENTRY AND PARTICIPATION IN ANY OF THE CONTESTS CONSTITUTES YOUR ACKNOWLEDGMENT AND AGREEMENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE OFFICIAL RULES AND AGREE TO BE BOUND BY ANY DECISIONS OF PROVIDER WITH RESPECT TO THE INTERPRETATION Of THESE RULES OR THE OPERATION OR ADMINISTRATION OF THE CONTESTS.

4. CONTEST PERIODS

Provider expects to run Contests on monthly basis. Monthly Contests will be based on the calendar month and the tiebreaker round, if any, will be held during the first week

following the end of the preceding month. All periods will be based on Eastern Standard Time. These periods will be referred to collectively herein as the "Contest Period." Provider has the right to adjust these Contest Periods in its sole discretion by posting new Contest Periods on the website.

5. SELECTION OF WINNERS

Winners will be purely selected on the basis of their skills. The following method will be used to determine winners in our Monthly Contests:

Each entrant must play a minimum of 5 games/month to be eligible for the prize. Each entrant will earn points for each question answered or puzzle solved correctly during the month. The entrant that has earned the most points in a single calendar month will be declared the winner. In the case of a tie, there will be a tiebreaker phase on the first day of the following month. The tiebreaker will involve questions or puzzles of increasing complexity or difficulty. The person who correctly answers the most questions or solves the most puzzles during the tiebreaker phase will be declared the winner.

Please note that some carriers may limit the number of questions/puzzles that can be submitted per day. Please check with carrier on any applicable limits. All answers or solutions must be received by Provider during the applicable Contest Period to be counted.

Provider also reserves the right to award more than one prize for each Contest. In the case of more than one prize, the additional prize(s) will be awarded to the next highest point getter(s) in the particular Contest.

Winners will be notified by phone using the phone number provided by the winner in the registration process. If the winner cannot be reached by phone within 15 days selecting a winner, Provider reserves the right to select an alternate winner from the person with the second most points. All winners will be required to indicate their acceptance of the prize. Provider may require entrants to sign an affidavit of eligibility, a liability release, and, where permitted by law, a publicity release, within ten (10) business days of notification as a condition to receiving a prize. In the event of non- compliance with this requirement, the prize will not be awarded or Provider may select an alternate winner in its discretion.

Each winner's name will be posted on the Provider website at the link "Winners" on the website.

6. PRIZES

One (1) prize per month consisting of an electronic devise as designated by Provider with an approximate value of $500 to be awarded to the winners of each of the Contests will be specified either on the Provider website at carrier specific support pages or in the SMS message to the entrant when each Contest commences.

All taxes and all other expenses associated with the acceptance and/or use of any Prizes are the sole responsibility of the winners. Provider will file a W-9 form with the IRS at the end of the calendar year for all winners whose prizes exceed $600.00.

Provider reserves the right to change the Prizes available for future Contests by posting a revised list of Prizes at the carrier specific pages on the website or by sending SMS messages to entrants before the particular Contest commences. No prize substitutions or cash equivalents, except at the sole discretion of the Provider. The Provider may award a different prize of equal or greater value than the prize specified. Prizes are non- transferable.

7. DISCLAIMERS RELATING TO CONTEST/LIMITATION OF LIABILITY

Provider is not responsible for lost, late or misdirected SMS messages, on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by an entrant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Provider is not responsible for any problems or technical malfunction of any cellular or telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any SMS message, e- mail entry or transaction to be received on account of technical problems or traffic congestion in wireless networks, on the Internet or at any Web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contests.

If for any reason any of the Contests are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Provider which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contests, Provider reserves the right, at its sole discretion, to cancel, terminate, modify or suspend any or all of the Contests.

PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, RELATING TO THE CONTESTS OR THE PRIZES AWARDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

8. RELEASE

By participating in the Contests, each entrant releases, and waive any rights of recovery against or in connection with Provider and any carrier providing access to the Contest or Provider's services, and any of their respective parent corporation, subsidiaries, related companies, affiliates, contractors, agents, representatives, directors, officers, and employees from and against any claims, expenses, losses, injury, damages and/or liability incurred by entrant in connection with or related to the operation of, or participation in the Contests, the use or misuse of the Prizes, or participation in any Prize-related activity.

By participating in the Contests, each winner agrees that his or her name, voice, picture, likeness, biographical information and any statements made relating to the Contests may be used by Provider for any and all commercial purposes in any and all media, whether now known or hereafter developed, without further permission or compensation, including, without limitation, in any advertising or broadcasting material relating to the Contests, except where prohibited by law.

9. RULES/WINNERS INFORMATION

For winner information or an additional copy of the Official Rules, send a self- addressed, stamped envelope to: Mypengo Mobile USA, Inc., 138 West 25 th Street, Suite 1019, New York, NY 10001. Specify "Rules" or "Winners List." You may also find the name of the winners at the Provider website.

10. GENERAL

In the event that any Contest is challenged by any legal or regulatory authority, Provider reserves the right to discontinue or modify the Contest, or to disqualify entrants residing in the affected geographic areas. In such event, Provider shall have no liability to any players who are disqualified due to such an action. Except as set forth in the preceding sentences, any controversy or claim arising out of or relating to the Contests, whether asserted in contract, tort, statute, or otherwise (including whether or not such controversies or claims are arbitral) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. All hearings and proceedings shall take place in New York City, New York, using New York law (excluding conflict of law rules), and without regard to the Federal Arbitration Act. If any provision of these rules should ever be held to be invalid or unenforceable, such invalid or unenforceable provision(s) shall be revised to the extent permitted under law to make it enforceable, and shall not affect any other provisions of these rules, and such other provisions shall continue in full force and effect. Provider is not related to or affiliated in any way with any of the manufacturers of the Prizes awarded hereunder, unless specifically stated. All federal, state and local laws and regulations apply.

11. EXCLUDED STATES

The Contests are void outside the 48 continental United States and the District of Columbia and void in Alaska, Arizona, Colorado, Connecticut, Hawaii, Iowa, Maryland, Minnesota, North Dakota, Tennessee and Vermont (collectively the "Excluded States") and where otherwise prohibited by law. You may not participate if you are a resident of any of the Excluded States.