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LG Chocolate Touch Hotline Instant Win Game

11/23/2009

                                       
                                  OFFICIAL RULES

                                    LG Chocolate Touch Hotline Instant Win Game

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AGE 13 OR OLDER AND LOCATED IN THE U.S. AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHEREVER PROHIBITED BY LAW.

NO PURCHASE NECESSARY. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING.

ELIGIBILITY: LG Chocolate Touch Hotline Instant Win Game (the "Game") is open only to legal residents of the 50 United States and the District of Columbia, who are 13 years of age or older.  Employees, contractors, directors and officers of LG Electronics MobileComm U.S.A., Inc. (“Sponsor”), Tic Toc, Inc. and their parents, subsidiaries and affiliated companies, distributors, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Game (collectively, “Game Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those individuals living in their household are not eligible.  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 Game.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

HOW TO PLAY:
The promotional period begins at 12:00:01 a.m. CT, November 27, 2009 and ends 11:59:59 p.m. CT, December 20, 2009 ("Promotional Period").  There are two (2) ways to play the Game, during the Promotional Period, either (1) visit a Sponsor display set up at one of the following four mall locations (the ”Locations”): [Garden State Plaza, 1 Garden State Plaza, Paramus, NJ 07652; Montgomery Mall, 7101 Democracy Blvd, Bethesda, MD 20817; Perimeter Mall, 4400 Ashford Dunwoody Road, Atlanta, GA, 30346; and Valley Fair Mall, 2855 Stevens Creek Blvd, Santa Clara, CA 95050] during mall operating hours and call the pre-programmed sweepstakes number using an LG Chocolate Touch handset provided to you by a Sponsor representative; or (2) call 1.866.537.2000 (“Hotline Number”) at any time from any phone and provide the requested information to play the game (note: you are responsible for airtime charges, if any).  Limit one (1) Game play per person per day, regardless of method of entry.  Once you have provided all required information, you will be notified instantly whether your game play has been chosen as a potential instant winning game play, in accordance with the random distribution of winners throughout the Promotional Period.  The Administrator will determine at random the order in which the prizes will be awarded throughout the Promotional Period.  Game Parties assume no responsibility for any computer, software, network or technical malfunctions of any kind that may occur.  Game Parties also assume no responsibility for any technical problems in connection with transmission or receipt of entries including faulty electronic data transmission, traffic congestion on the Internet or on the phone lines, hardware or software error, equipment failure or malfunction, or other online communications problems.  All entrants must have a valid telephone number. 

INSTANT WIN GAME WINNER NOTIFICATION/VERIFICATION: If the message indicates that you have won a prize, you are a potential winner of the prize stated, subject to verification.  If you are a potential winner, you will be given instructions to leave a voicemail with your name, address and telephone number.  Potential winners will be contacted as necessary to verify their prize winning status.  Odds of winning are based upon number of eligible entries received and the order in which they are received.  The number of prizes available to be won decrease as prizes are claimed throughout the Promotional Period and in no event should any more than the allowed number of prizes as provided below be given.  If at the end of the Promotional Period, not all the prizes have been claimed, all non-winning entrants will automatically be entered into a sweepstakes for any remaining prize(s).  The odds of winning the sweepstakes are based upon the number of eligible entries and prize(s) remaining. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with or attempts to tamper with the entry process in any way. Prize winners (or winner’s parent or legal guardian, if winner is an eligible minor) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within fourteen (14) days of attempted notification or prize may be forfeited.  If any prize correspondence or prize is returned as undeliverable, prize will be forfeited.  Unclaimed prizes may not be awarded.

INTSANT WIN GAME PRIZES: Three (3) Grand Prizes: each winner will receive one (1) LG 50” Plasma Television and one (1) Chocolate Touch handset (Approximate Retail Value or “ARV” $3,750 for three (3) Grand Prizes / $1,250 per Grand prize).  Ten (10) Second Prizes: each winner will receive one (1) LG Chocolate Touch handset (ARV: $2,500 for ten (10) Second Prizes / $250 per Second Prize).  Total ARV of all prizes is $6,250.

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.  If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash.  No cash redemption or prize substitution, except by Sponsor, which reserves the right to substitute a prize of equal or greater value in its sole discretion if any prize is unavailable for any reason.  Limit one prize per household/phone number.  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, other content services or service plans for handsets.  Winner is responsible for all initial set up of the prize and all costs associated therewith.  Entrants understand that phone models may only operate on certain carrier networks, which may or may not be compatible with entrant’s existing network, if any.  Requests for phones compatible with a potential winner’s existing network cannot be accommodated. Entrants understand that the determination of the model of the television will be determined solely by Sponsor.

GENERAL CONDITIONS: Prizes will be awarded only to an address within the United States. By participating, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree to these Official Rules, Sponsor’s Privacy Policy and to the Sponsor’s decisions, which are final and binding in all respects. If for any reason the Game is not capable of running as planned, including infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Game, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Game.  In the event of cancellation, Sponsor will award the prizes in a random manner to be determined by Sponsor.  Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry or operation of the Game or who is 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 GAME 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.  If prize claims at any prize level exceed the number of prizes indicated herein, the stated number of prize(s) will be awarded in a random drawing from among all valid prize claims received for that prize level.  Sponsor not responsible for invalid Game plays.  Entrant’s sole remedy is one (1) additional game play. 

RELEASE AND PUBLICITY: By accepting the prize, winner (and winner’s parent or legal guardian if winner is a minor) agree that the Game Parties, and all of their respective officers, directors, employees, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, representatives and agents (the “Released Parties”)  will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, death, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Game; from acceptance, possession, misuse or use of any prize; or from participation in any prize-related activity or any travel related thereto; or for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.  Except if winner is a resident of TN or where prohibited by law, winner (and winner’s parent or legal guardian if winner is a minor) grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, voice, opinions and/or biographical information including without limitation, hometown and state for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations, including, without limitation, providing third parties with the winner’s list provided for in these Rules and without additional compensation.  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 Game in any way shall be disqualified. 

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 Game; (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 Game; (3) unauthorized human intervention in any part of the entry process or the Game; (4) technical or human error which may occur in the administration of the Game 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 Game or receipt or use or misuse of any prize. 

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 Game 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 Game, 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 Game, 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.

RULES REQUESTS: Full official rules will be available on-site and for on-line viewing at www.lgusa.com/sweeps, from on or around November 23, 2009 through the Promotional Period.

Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (www.lgusa.com/2009privacypolicy).

WINNERS LIST REQUESTS: For major prize winners’ names, mail a self-addressed, stamped envelope to: LG Chocolate Touch Hotline Instant Win Game, 1999 Bryan Street, Suite 1900, Dallas, Texas, 75201.  Requests must be received by January 20, 2010.

SPONSOR:  LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San Diego, CA 92131; Administrator: Tic Toc, Inc. 1999 Bryan Street, Suite 1900, Dallas, Texas, 75201.

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