Surfrider Sweepsteaks
LG ELECTRONICS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MESSAGE AND DATA RATES MAY APPLY. VOID WHERE PROHIBITED.
1. Eligibility: The LG Mobile Phones Recycling Sweepstakes (the “Sweepstakes”) is open only to legal residents of California who are at least eighteen (18) years old at the time of entry. Employees of LG Electronics MobileComm U.S.A., Inc., and their parent and affiliate companies, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion (including Alcone Marketing, together with Sponsor, collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those individuals living in their household are not eligible as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Void where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Message and data rates may apply with regard to each text message sent and received in participation in the Sweepstakes. Participants (as defined below) are responsible for any charges incurred with respect thereto. Sponsor shall have no responsibility for service interruption.
2. Sponsor: LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San Diego, CA 92131.
3. Timing: The Sweepstakes begins on November 14, 2010 at 6 A.M. Pacific Time ("PT") and ends on November 20, 2010 at 10 P.M. PT (the "Promotion Period"). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, participants may enter in either of two (2) ways: 1) Participants who text NBCSD to 95173 will have a prepaid mailer sent to their home address. Participants who choose to return a used mobile phone in the mailer will be automatically entered into the sweepstakes. Prepaid mailers must be returned postmarked no later than December 17, 2010. 2) Participants not wishing to mail in a mobile phone may enter directly, by sending a letter stating their desired entry and containing their name, home address, home telephone number, and email to: LG Electronics MobileComm U.S.A., Inc., Attn: Elizabeth Latham, 10101 Old Grove Road, San Diego, CA 92103. Participants writing directly must send their letter postmarked no later than November 19, 2010. Limit: Each participant may enter one (1) time during the Promotion Period. Multiple participants are not permitted. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different phones, email addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system or device to participate is prohibited and will result in disqualification. Each potential winner may be required to show proof of being the person who registered for the Sweepstakes.
5. Drawing: Sponsor will conduct the drawing. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received through both methods of entry during the Promotion Period, on or about December 27th, 2010. Potential winner will be notified by email, mail or phone and will be required to sign and return, where permitted by law, an Affidavit of Eligibility, Liability & Publicity Release within seven (7) calendar days of prize notification. If winner is a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability & Publicity Release must be signed by his/her parent or legal guardian and such prize will be awarded in the name of, and delivered to, minor’s parent or legal guardian. If winner cannot be contacted within five (5) calendar days of first notification attempt, if winner does not return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, if any prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of winner’s noncompliance with any of these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries in a random drawing. Upon prize forfeiture, no compensation will be given. An alternate drawing will be held, after which the prize will remain un-awarded. The potential winner must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Prize will be fulfilled eight (8) to ten (10) weeks after winner confirmation.
6. Prize: ONE (1) GRAND PRIZE: The winner and their immediate family (spouse, parents, siblings and children, up to 5 members) will each receive one (1) currently available LG mobile phone valued between $200 and $600 according to the online retail price of winner’s chosen wireless carrier. Eligible wireless carriers are: AT&T, Sprint, T-Mobile, or Verizon. Included will be the following monthly service from the chosen carrier for one (1) year: 1,000 voice minutes, free nights and weekends, unlimited text, and unlimited data. The service provided will be in prepaid amounts, and will not be allowed to exceed a standard plan as determined by Sponsor in its sole discretion. Winner will be responsible for all international charges. The service will automatically expire at the end of one (1) year from the date of activation, at which point the winner will be responsible for all fees and charges, including re-activation of the handset. Approximate Retail Value (“ARV”): $800-$4800.
The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prize is non-transferable and no substitution will be made except as provided herein in the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all federal, state, local, and any other taxes and fees associated with prize receipt, including costs of operating the prize, like cable, satellite or other content services. Winner is responsible for all initial set up of the prize and all costs associated therewith. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
7. Release: By receipt of any prize, winner agrees to release and hold harmless LG Electronics MobileComm U.S.A., Inc. and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of 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, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Entrants agree to indemnify Sponsor for any unauthorized use or misuse of or modification to the Grand Prize. Entrants who do not comply with these Official Rules, or who attempt to interfere with this Sweepstakes in any way shall be disqualified.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or biographical information including without limitation, hometown and state for promotional purposes in any media, worldwide, including, without limitation, providing third parties with the winner’s list provided for in Section 13 of these Rules, without further payment or consideration
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other Promotion or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
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 technical, hardware, software, telephone (including wireless devises and/or handsets) or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes; (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; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 or misuse of any prize. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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, and exclusively by the appropriate court located in San Diego County, California; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Entrant's Personal Information: Subject to paragraph 8 above, information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.lge.com/us/mobile-phones/publicnotices/privacy-policy-contest.jsp).
13. Winner List: For the winner list, please send your request to:
LG Electronics MobileComm U.S.A., Inc.
Attn: Elizabeth Latham
10101 Old Grove Road
San Diego, CA 92103
Requests must be received by January 3, 2011.