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Public Notices

Mobile Public Notices

LG Chocolate Touch Name That Track Game

11/23/2009

                                         
                                    OFFICIAL RULES

                                       LG Chocolate Touch Name That Track Game

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  THE FOLLOWING PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”), 13 YEARS OF AGE OR OLDER. 

1.     ELIGIBILITY:  The LG Chocolate Touch Name That Track Game (the "Game”), is brought to you by  LG Electronics MobileComm U.S.A., Inc. (the "Sponsor”), is governed by these “Official Rules”.  The Game is open to legal residents of the 50 United States and the District of Columbia who are thirteen (13) years of age or older.  Void where prohibited.  Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.  Employees, contractors, officers and directors of Sponsor, Tic Toc, and their parents, subsidiaries, and affiliated companies, distributors, licensees, advertising, promotion or production agencies and provider companies (and their immediate family members (parent, child, sibling and spouse of each)  and individuals residing in their same 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.

2.     GAME PERIOD:  The Game takes place at Sponsor displays (”Footprints”) set up at the following four mall locations (each a “Location,” and collectively, 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 Footprint operating hours on Saturdays and Sundays (Fridays and Saturdays at Garden State Plaza Location) from November 27, 2009 through December 20, 2009 or when all scratch cards and Consolation Prizes (described in Section 4 below) available at a Location have been distributed, whichever comes first (the “Promotional Period”).  Game times are subject to local Footprints hours of operation and may be changed or cancelled in the sole discretion on the Sponsor.

3.     TO PLAY:  Visit a Location and sign up with a Sponsor representative (“Representative”) to participate in the Game on a first come first served basis while scratch cards and Consolation Prizes (described in Section 4 below)  last.  Participation subject to time and space limitations.  The representative will randomly organize groups consisting of a minimum of four (4) and a maximum of eight (8) participants (“Participants”) to play the Game (“Play”).  Each Participant will be given a headset plugged into one LG Chocolate Touch (“Handset”).  A Representative will play a mystery song (“Song”) on the Handset.  The first Participant that the Representative sees signal by raising their hand, will have the opportunity to identify the name of the Song.  If the Participant correctly identifies the name of the Song, the Participant will receive a scratch card (a maximum total of up to 6,000 scratch cards will be given out during the Promotional Period). Every scratch card will have a prize as further described in Section 4 below.  Once a winner has been determined, all other Participants will receive a consolation card with an access code to obtain a free music download while supplies of such card last (“Consolation Prize”).  A maximum total of up to 25,000 Consolation Prizes will be given out during the Promotional Period.  If the Participant does not correctly identify the Song, such Participant shall be disqualified from that Play, and the Participant that the Representative saw signal second will have the opportunity to identify the song.  If the second Participant to signal does not correctly identify the Song, the Sponsor will move on to the third Participant to signal and so forth.  If no Participant is able to correctly identify the Song, no Participant from that Play will receive a Scratch Card and all Participants will receive Consolation Prizes, while supplies last.  Representative decisions regarding the order in which Participants signal are final and binding.  If the Scratch Card indicates that the Participant won a prize, the Participant is a potential winner of the prize stated, subject to verification.  Sponsor reserves the right at its sole discretion, to disqualify any Participant (and all of his or her entries) who tampers with or attempts to tamper with the Game process in any way. First through Third Prize (described in Section 4 below)  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.  Fourth Prize and Consolation Prizes will be provided upon verification.  If any prize correspondence or prize is returned as undeliverable, prize will be forfeited.  Unclaimed prizes may not be awarded. 

Limit one (1) Play per person per day, one (1) Consolation Piece per Person per day,  one (1) Scratch Card Prize (as described in Section 4 below) per person per promotion period.

4.     PRIZE DETAILS/ODDS: 

Scratch Card Prizes (6000), consisting of the following items and approximate retail values (“ARVs”): 

Four (4) First Prizes: Each winner will receive one (1) LG 50” Plasma Television (ARV: $4,000 for four (4) televisions/ $1,000 per television).  Odds 1 in 1,500.

Twenty (20) Second Prizes: Each winner will receive one (1) LG Chocolate Touch handsets, service not included (ARV: $10,000 for twenty (20) handsets /$250 per handset).  Odds 1 in 300.

Four (4) Third Prizes: Each winner will receive one (1) $200 Visa Gift Cards.  Odds 1 in 1500.

Five Thousand Nine Hundred Seventy Two (5,972) Fourth Prizes: Each winner will receive five (5) free mobile MP3 format downloads from a list of 10 tracks selected at Sponsor’s sole discretion from Sony Music Entertainment (ARV: $38,818 / $6.50 for 5 songs).  Odds 1 in 1.2.

    Consolation Prizes (25,000):
   
Each one (1) free mobile MP3 format download from a list of 10 tracks selected at Sponsor’s sole discretion from Sony Music Entertainment (ARV: $25,000 / $1 per download) and information on the opportunity to win additional prizes in future Sponsor promotions.

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.  The difference between any stated prize value and actual prize value will not be awarded.  Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled Game beyond its control.  Prize cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason.  Gift card prizes subject to the terms listed thereon.  Fourth Prize and Consolation Prize downloads are in MP3 format and must be downloaded from a WAP website designated by Sponsor.  If Winner of a Consolation Prize does not have a phone that can access WAP websites or download/play MP3 format songs, Winner forfeits Consolation Prize.    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. Unless prohibited by law, each winner's first initial, last name, city and state will appear on a Winner's List.  Unclaimed prizes will not be awarded.

  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.

5.    TO REDEEM PRIZE:  Winners  of First, Second, and Third Prizes must present claims to a Representative at the Location on the same day as the Play to obtain the necessary documents for verification and redemption or prize will forfeited.  Winners of Fourth and Consolation Prizes must follow the instructions on the Scratch Card and Consolation Prize materials to redeem their prize and will receive their prizes upon verification.  Please see the privacy policy posted with these Official Rules for details of Sponsor's policy regarding the use of personal information collected in connection with this Game. 

6.    GENERAL CONDITIONS:  Prizes will be awarded only to an address within the United States. By participating, Participants (and their parent(s)/legal guardian(s), if Participants are minors) agree to these Official Rules, Sponsor’s Privacy Policy (available at www.lgusa.com/2009privacypolicy) and to the Representatives decisions, which are final and binding in all respects.  Sponsor Reserves the right to waive any of the eligibility requirements set forth herein as to any participants, but the waiver with respect to any Participant or Winner shall not constitute a general waiver to all Participants.  If for any reason the Game is not capable of running as planned, including infection by computer 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 disqualify any individual who is responsible or who tampers with the registration process 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, and to cancel, modify or terminate or modify the Game, or any portion thereof, and reschedule as necessary.  CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE IN 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. No more than the number of prizes set forth herein will be awarded.  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. 

7.    PUBLICITY: Except where prohibited, by participating in the Game or by accepting a prize,  Participants (and their parent/legal guardian, if a minor) hereby agree that Sponsor shall have the right to film and take photographs at the Game which may be displayed on Sponsor’s website site as well as use of Participant’s name, likeness, photograph, voice, opinions, and biographical information in connection with the Game in any and all media now known or hereinafter invented without territorial or other limitation including, without limitation, providing third parties with the winner’s list provided for in these Rules and without approval or additional consideration to Participants.

9.    RELEASE: By participating in the Game and accepting any prize in connection therewith, Participants (and Participants' parent or legal guardian if they Participant is minor) agree that the Promotion Parties, and all of their respective officers, directors, employees, representatives, affiliates,  and agents will have no liability whatsoever for, and shall be held harmless by Participant 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, including any travel related thereto and participation in the Game and for any claims based on intellectual property rights, publicity rights, defamation or invasion of privacy and merchandise delivery.  Participants agree to indemnify Sponsor for any unauthorized use or misuse of or modification to the prizes.  Participants who do not comply with these Official Rules, or who attempt to interfere with the Game in any way shall be disqualified. 

10.    LIMITATIONS OF LIABILITY AND CONDITIONS: By entering, each Participant (and their parent or legal guardian if an eligible minor) agrees to be bound by these Official Rules and the decisions of the Sponsor and any official judges, which shall be final.  Sponsor, the Promotion Parties, and each of their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and each of their respective officers, directors, and employees are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of the Sponsor that may cause the Game to be disrupted, corrupted or otherwise be conducted as planned; (ii) any printing or typographical errors in any materials associated with the Game; (iii) technical failures of any kind, including but not limited to telephone (including wireless devises and/or handsets), electronic, hardware or software program, network, Internet, traffic congestion, or computer malfunctions, failures, or difficulties of any kind; or (iv) failed, incomplete, garbled, or delayed computer or transmissions; (v) any incorrect or inaccurate information by Participants, printing errors or by any of the equipment or programming associated with or utilized in any survey conducted in connection with the Game; (vi) unauthorized human intervention; or (vii) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Game or receipt or use or misuse of any prize.

By participating, Participants agree that all decisions Sponsor makes with respect to the Game, including but not limited to the interpretation of these rules, shall be made in Sponsor’s sole discretion and that Sponsor’s and Representatives’ decisions are final and non-appealable.  If a technical difficulty, mechanical failure, human error, fraud, or other possible irregularity affecting occurs during the Game, the Representative will review the situation on a case-by-case basis and take appropriate action to preserve the fairness and the integrity of the Game.  If Sponsor or Representative, in their sole discretion, determine that technical difficulty, mechanical failure, fraud, or human error has corrupted the Game, Sponsor or Representative may take any remedial or reparative step which, in their sole discretion, they deem necessary or appropriate.  Sponsor reserves the right, at its sole discretion, to modify, cancel, postpone, delay, suspend or terminate the Game in whole or in part in the event that the Game is not capable of running as planned or as intended by these Official Rules by reason of any of the technical or other disabling causes or other causes that, in the sole discretion of the Sponsor, impair, corrupt or interrupt the administration, fairness, security or integrity or proper play of the Game, including without limitation, hurricane, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, war, terrorist threat or activity or insurrection.  In such event, Sponsor may, in its sole discretion: (a) postpone and/or reschedule and/or modify the Game or (b) cancel the Game in its entirety. 

11.    DISPUTES: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the 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 the Game, but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant 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.

12.    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.

13.    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