ICE BREAKERS SINGTONES - Official Rules

The Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE ICE BREAKERS SINGTONES INSTANT-WIN GAME (“GAME”) BEGINS AT 12:00:00 A.M. EASTERN TIME (ET) (MIDNIGHT), JUNE 1, 2007 AND ENDS AT 11:59:59 P.M. ET, DECEMBER 31, 2007 (“GAME PERIOD”). GAME ONLY OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 13 YEARS OF AGE OR OLDER AND POSSESS A MOBILE PHONE (AS DESCRIBED IN RULE #2) AT TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. HOW TO PLAY: NO PURCHASE NECESSARY TO PARTICIPATE IN GAME.

(A) OBTAIN A GAME CODE: Look for a Game code inside specially-marked packages of ICE BREAKERS ICE CUBES Gum, Sours Mint Tins, Sours Gum, and Coolmint Tins available at participating stores (while supplies last). To request a free Game code, while supplies last, mail original hand-printed self-addressed, first-class stamped envelope, to be received no later than November 15, 2007 to: ICE BREAKERS SINGTONES Instant-Win Game Code Request, P.O. Box 3894, Young America, MN 55558-3894. Limit one (1) free Game code per request per stamped outer envelope. Residents of the state of VT may omit return postage. You will need your code to play.

(B) TWO (2) WAYS TO CHECK YOUR CODE: (i) Online: Visit www.ice-breakers.com/singtones (the "Website") during the Game Period and click on the icon to access the Game page. Follow the online instructions to enter the code. Once you have entered your code, click on the indicated icon, and you will be notified as to whether or not you are an instant winner (a “Play”). (ii) Text Message: Using your mobile phone, text your code to shortcode IBTONE and you will be automatically notified as to whether or not you are an instant winner (also a “Play”). Participants must have a mobile phone with text messaging capabilities to participate via their mobile phone. Participants playing this Game may incur charges from their wireless service provider and receive reply messages. Other charges may apply. For Help, Text HELP to IBTONE (428663). To Opt-out, text STOP to IBTONE (428663).

All Plays must be received and recorded during the Game Period. Sponsor’s computer is the official time keeping device for this Game. If you receive a winning prize message, you win the prize stated (subject to verification) and will be immediately notified online or via text message as to how to redeem your prize. If you receive a non-winning prize message, you are not a prize winner and non-winning participants will not be further contacted. Plays generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of Play are valid other than those set forth above. All entry information becomes the property of the Sponsor.

2. PRIZES/ODDS: Prizes (13,038,808): SINGTONES are a personalized karaoke version of a ringtone which you create by singing along to your favorite song and downloading to your mobile phone. You must have a compatible mobile phone associated with a valid, active account with a wireless carrier listed at www.ice-breakers.com/singtones, as well as any carrier services necessary to download content, in order to download a SINGTONE. You may need third-party software or additional carrier service to play. To redeem prize, follow the instructions provided at the time of prize notification. All SINGTONES must be redeemed and recorded by December 31, 2007. Approximate Retail Value: $ 3.99 each Odds: 1 in 3. Limit ten (10) Prizes per person during Game Period.

3. ELIGIBILITY: Game open only to legal residents of the 50 United States and D.C. (excluding Puerto Rico) who are 13 years of age or older and possess a mobile phone (as described in Rule #2) at time of entry. Employees, officers and directors of Sponsor, and its parent, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies, (and their respective IRS dependents, immediate family members [parents, children, siblings and spouse]) and individuals residing in their same household (whether or not related) (collectively, “Sponsor and Promotion Parties”) are not eligible to participate or win.

4. GENERAL TERMS: No substitution of prize is offered, no transfer of prize to a third party is permitted, and prize may not be redeemed for cash value (unless at the sole discretion of Sponsor). Void wherever prohibited or restricted by law. Prize winners will be solely responsible for all applicable federal, state and local taxes on prize (if any). All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winners. Any portion of a prize not accepted by winners within the time deadline set forth herein will be forfeited. Winners' first initial, last name, hometown and state will be disclosed on Winners List which will be distributed upon request and as required by law. No groups, clubs or organizations may reproduce or distribute any portion of these Official Rules to its members. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of the judges. The entry information provided is subject to the Privacy Policy on the above stated Website. To read that Policy, access the Website and then access the Privacy Policy.

5. WINNER NOTIFICATION: Potential winners will be notified immediately after their Play and given instructions on how to redeem prize as stated in Rule #1. If winner notification is returned as undeliverable or if winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited.

6. CONDITIONS: All participants, as a condition of participation in the Game, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons including death or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except for the residents of TN and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the winner’s name, address, voice, statement, picture or other likeness, without additional review, notification or compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.

7. VERIFICATION: All potentially winning Game codes and Game Plays are subject to verification at the sole discretion of the independent judges. Only specially-marked ICE BREAKERS SINGTONES Instant-Win Game codes distributed during the duration of the Game will be accepted and may not be combined with those from any other Game. Anti-fraud detection devices may be used to verify winners. Game Plays and codes will be void if they fail to pass anti-fraud detection measures, or if found to be reproduced, altered, forged, tampered with, stolen, unissued, unauthorized, traded, bartered, sold, illegitimately obtained or illegible in any way, or if defective or if they contain printing or other mechanical errors or are printed or produced in error. No prizes will be awarded to the holder of a void Game Play or code and Sponsor's sole liability in respect thereof will be to replace the void Game Play or code with another randomly selected Play or code if Sponsor deems appropriate. If for any reason Sponsor determines in its sole discretion that the Game is no longer capable of running as intended by these rules for any reason whatsoever Sponsor may at its sole discretion cancel, suspend or modify the Game in whole or in part. All submitted Game materials/Game codes become property of Sponsor, and will not be returned. No more than the stated number of prizes will be awarded. In the event that production, seeding, printing or mechanical, computer, telephonic or technological or other errors or any other reasons cause more than stated number of prizes, set forth in these Official Rules, to be available and/or claimed, Sponsor reserves right to award only the stated number of prizes.

8. LIMITATIONS OF LIABILITY: The Hershey Company, its subsidiaries, directors, officers, employees, advertising and promotion agencies, InterOP Technologies LLC, Rock-Tenn Company, and WS Packaging Group, Inc. (“Releasees”) are not responsible for (a) lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered mail, Plays, codes or text messages from Sponsor; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, printing and production of the Game codes or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of a Play or other information or the failure to capture, or loss of, any such information; (b) any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Game, any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Game or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Releasees are not responsible for injury or damage to participants’ or any other person’s computer related to or resulting from participating in this Game or downloading or copying materials from or use of Website. If, for any reason, Game, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Game and determine winners from Plays received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute as to Plays submitted online or text message, the authorized subscriber of email account or mobile phone used to enter at actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned an email address or mobile phone number by an ISP, telephone company or other organization that is responsible for assigning email addresses or mobile phone numbers. It is solely the responsibility of the entrant participant to notify Sponsor in writing if the entrant participant changes his or her email address during the Game Period.

CAUTION: ANY ATTEMPT BY A USER OR ENTRANT PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9. DISPUTE RESOLUTION: Except where prohibited, by participating, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor, shall be governed by and construed exclusively in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflicts of law of any jurisdiction and that: (a) any and all disputes, claims and causes of action arising out of or connected with this Game shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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.

10. WINNERS’ NAMES: For the names of the winners, send a self-addressed stamped envelope to: ICE BREAKERS SINGTONES Instant-Win Game Winners List, P.O. Box 3700, Young America, MN 55558-3700, for receipt by January 31, 2008.

11. SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA.