NO PURCHASE NECESSARY TO PARTICIPATE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED AS A VLOGGER (as further described in the "Smallville Vlogger Participation/Experience Description" segment of this document). The Smallville/Sprint Vlogger of the Month Competition (the "Promotion") begins on Thursday, October 18, 2007, at 7:00:00 p.m. and ends on/about Saturday, May 31, 2008, at 7:00:00 p.m. (the "Master Promotion Period"). Within the Master Promotion Period, there will be seven (7) individual monthly promotion periods (each a "Promotion Cycle"). Disclosure of each respective Promotion Cycle start and end dates and times will be communicated on the Promotion Registration page (as described below) throughout the Master Promotion Period. Each respective Promotion Cycle's start and end dates and times are subject to change. All times are Eastern Time ("ET").

ELIGIBILITY:

The Promotion is open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (collectively, the "U.S.") who are eighteen (18) years of age or older and physically located in the U.S. at the time of initial participation/entry. Employees, directors and officers of The CW Network, LLC ("Sponsor"), L.A. Promotion Development, Inc. (the "Administering Agency"), Warner Bros. Television, a division of WB Studio Enterprises Inc., Sprint Nextel, their respective parent companies and subsidiaries, affiliates, distributors, divisions, broadcast affiliates, or advertising and promotion agencies associated with the Promotion (collectively, the "Promotion Parties") are not eligible to participate in the Promotion or participate as a Vlogger. In addition, family members of (whether living in the same household or not) and those living in the same household as (whether related or not) any such employees, directors or officers are not eligible to participate in this Promotion. For the purposes of the Promotion, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.

All applicable federal, state and local laws and regulations apply. Void outside the fifty (50) United States and the District of Columbia and where prohibited.
The Promotion is administered by L.A. Promotion Development, Inc. By participating, participants agree to be bound by the Participation Agreement, additional terms and conditions that may appear on the Registration page and/or on Promotion-related pages and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.

HOW TO PARTICIPATE:

YOU MAY PARTICIPATE IN THE FOLLOWING WAY: Participants may enter the Promotion online only. Entries received before and/or after each respective Promotion Cycle or the Master Promotion Period will be void.

Online entries must be received by respective Promotion Cycles' end dates and times as disclosed on the Promotion Registration page.

Sponsor will be the official timekeeper for the Promotion.

Access the "Smallville/Sprint Vlogger Competition" on the World Wide Web at http://CWtv.com/sprint for the opportunity to become one (1) of seven (7) The CW Network television series Smallville–related video bloggers (hereinafter referred to as a "Smallville Vlogger"). Follow the on-screen instructions to reach the Promotion Registration page. On the Registration page and in the spaces provided, supply the following information and entry-related assets:

• Your first name, last name, street address (no P.O. boxes allowed), city, state, zip code, daytime telephone number, e-mail address and date of birth.

• Using your own video recording device, record a video and audio audition segment (hereinafter referred to as a "Vlogger Audition"), (not to exceed two [2] minutes in length) of you reporting an original Smallville series-specific Vlogger Audition segment of your own creation. Important: No other person may appear in a Vlogger Audition you submit other than you (the individual entrant). If another person does appear in a Vlogger Audition that you submit, other than yourself, that entry will be disqualified.

• You must convert the Vlogger Audition video file to one of the following formats in a file size not to exceed 50 megabytes (MB):

• .mov
• .avi
• .mpg
• .mpeg
• .flv
• .mp4
• .qt

• Utilizing the video file upload mechanism provided on the Registration page, follow the onscreen instructions to upload your Vlogger Audition to the Competition server.

Each participant entering the Promotion must also, in the space provided, type in his/her full legal name as his/her signature. By providing this signature and by clicking on the "Submit" button, each participant forwards his/her entry to the Promotion, agrees to the terms and conditions of this Participation Agreement, additional terms and conditions that may appear on the Registration page and/or on Promotion-related pages, and accepts the Sponsor's Privacy Policy.

Each Vlogger Audition that is entered into the Promotion, regardless of method of entry, must meet the following "Submission Requirements" (any submission entry that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified). By submitting an entry, you agree that your Vlogger Audition submitted

• <      does not infringe, misappropriate or violate any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret;
• <      does not contain any content that is offensive, illegal, obscene, disparaging, libelous or that is otherwise objectionable to Sponsor, at its sole discretion;
• (as applicable) is unpublished and has not been submitted in other competitions, and the submitting entrant has not granted, and will not grant, any rights whatsoever in the entry to any other person or entity;
• does not contain a topic other than the topic as described in the Participation Agreement and entrant understands that if it does, entry will be disqualified.

Entrants agree to indemnify, defend and hold harmless the Promotion Parties for any breach or alleged breach of any of the foregoing representations and warranties.

Nonviewable, garbled or incomplete entries, as determined by the Sponsor or Administering Agency, at their sole discretion, will be disqualified. All entries become property of Sponsor and will not be returned or acknowledged. Specifically relating to fraudulently submitting multiple entries, entries that are forged, altered or mechanically reproduced or are generated by a macro, bot or other automated means will not be accepted and will be void. Submission of false or misleading information by a participant will be grounds for disqualification of entry. Proof of submission of an entry will not be deemed proof of receipt of an entry by Sponsor or Administering Agency.

In the event of a dispute regarding the identity of an entrant, the entry will be deemed submitted by the authorized account holder of the e-mail address provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.

To review the Sponsor's privacy policy, go to http://www.cwtv.com/page/privacypolicy.html. To review the Sponsor's terms of service, go to http://www.cwtv.com/page/termsofservice.html. A participant's personal information will be utilized by the Sponsor and/or Administering Agency for selecting Smallville Vloggers (as further defined below) and to comply with any legal requirements.

VLOGGER SELECTION/JUDGING CRITERIA:

During each respective Promotion Cycle, the Sponsor and/or their designated representative(s) ("Judges") will rank each entry received (during that specific Promotion Cycle) based on a scale of one (1) to ten (10) [ten (10) being the best] for each of the following categories: 1) Style e.g., submitted Entry's overall theatrical performance and appeal; 2) Messaging Communication, e.g., how (well) the submitted Vlogger Audition communicates the enthusiasm of the Smallville fan experience; and 3) Visual Appearance/Marketability, e.g., would the Smallville Vlogger's Vlog (performance) appeal to the Smallville television series' audience.

In event of a tie, the tie will be broken by selecting the tied entrant with the highest score in the Style category. If a tie still remains, the tie will be broken by selecting the tied entrant with the highest score in the Visual Appearance/Marketability category and then, if necessary, in the Messaging Communication category.

The entry with the highest cumulative score for that specific Promotion Cycle (subject to eligibility verification) will be appointed a Smallville Vlogger.

Decisions of Judges/Sponsor are final and binding in all respects and are nonappealable. If a selected Smallville Vlogger is found ineligible or fails to comply with the terms and conditions of this Participation Agreement, that person's appointment as a Smallville Vlogger may be forfeited and an alternate entry may be selected based on the next highest score. The Sponsor, at its sole discretion, will determine when Vlogs are utilized.

SMALLVILLE VLOGGER PARTICIPATION/EXPERIENCE DESCRIPTION:

Each confirmed Smallville Vlogger will have exclusive access to The CW Network's Smallville television series on behalf of the Smallville fan community (level of access granted and information disclosed to any participating Smallville Vlogger is at the sole discretion of the Sponsor and/or producers of Smallville). Each Smallville Vlogger will prepare a minimum of one (1) and up to a maximum of four (4) audio/video blogs (hereinafter referred to as a Vlog[s]), which may appear on Sprint TV and/or CWtv.com. Quantity of Vlogs required to be provided by a Smallville Vlogger may vary depending on the number of original Smallville episodes aired during each respective Promotion Cycle. The number of required Vlogs to be provided by a Smallville Vlogger is at the sole discretion of the Sponsor.

Smallville Vloggers will upload their Vlogs utilizing the video file upload mechanism provided by the Sponsor to a to-be-determined server.

By accepting the position as a Smallville Vlogger and providing Smallville Vlogs, you agree that your Vlogs submitted

• <      do not infringe, misappropriate or violate any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secrets;
• <      do not contain any content that is offensive, illegal, obscene or that is otherwise objectionable to Sponsor, at its sole discretion;
• (as applicable) are unpublished and have not been submitted in other competitions, and the submitting Smallville Vlogger has not granted, and will not grant, any rights whatsoever in the entry to any other person or entity;
• do not contain a topic other than the topic as described in the Participation Agreement or subsequent agreement(s) with the Sponsor, producers or their representatives, or the Administering Agency.

SMALLVILLE VLOGGER NOTIFICATION PROCESS:

During each respective Promotion Cycle, dates will be posted on the Promotion Registration page disclosing when that specific Promotion Cycle's potential Smallville Vlogger will be notified that he/she may have been selected as a Smallville Vlogger. Each potential Smallville Vlogger in this Promotion will be contacted by telephone and/or e-mail (at Sponsor's and Administering Agency's sole discretion). If he/she cannot be reached within two (2) business days from the date of first notification attempt, such person may be disqualified and an alternate entrant may be selected at the Sponsor's/Administering Agency's sole discretion.

Once Sponsor has received verbal confirmation from the tentative Smallville Vlogger of his or her desire to accept the position as a Smallville Vlogger (subject to verification of eligibility), tentative Smallville Vlogger will receive a Participation Affidavit of Eligibility/Confidentiality Agreement/Release of Liability ("Affidavit") via e-mail, mail or other courier service.

If a Smallville Vlogger is under the age of majority in his/her state of residence, a parent of that individual must complete the Affidavit for him/her and must complete the Parent section of the Affidavit. A legal guardian must provide written proof of guardianship.

Affidavit must be completed and returned to the Sponsor within three (3) calendar days of a tentative Smallville Vlogger's receipt of the Affidavit. A disqualification may result and an alternate entry may be selected if the Affidavit is not returned to the Sponsor within the specified time. Refusal or return of any Smallville Vlogger notification or Affidavit as undeliverable will also result in disqualification and an alternate entry may be selected at the sole discretion of the Sponsor and/or Administering Agency.

Affidavit is subject to verification by Sponsor and Administering Agency. In the event of noncompliance with this requirement, the appointment as a Smallville Vlogger may be forfeited.

ADDITIONAL PARTICIPATION INFORMATION:

Appointment as a Smallville Vlogger is not transferable or assignable, except at the Sponsor's sole discretion. By entering, each participant agrees that if selected as a Smallville Vlogger, Sponsor may, at its option, conduct a background check on participant, the results of which may disqualify a participant as a Smallville Vlogger. If necessary or requested, each participant selected as a Smallville Vlogger agrees to sign waiver forms authorizing the release of personal and background information.

GRANT (HOW THE PROMOTION PARTIES MAY USE ENTRY MATERIALS):

Except where prohibited by law, by entering this Promotion, each participant grants the Promotion Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness, statements, biographical information, address and any information or material contained in his/her entry (including his/her submitted video[s] and/or photograph) (collectively, "Entry Materials") on a worldwide basis, and in all forms of media (however distributed), in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Promotion, on Sponsor's or Sprint's related websites and any of Sponsor's or Sprint's related advertising and promotion materials, without compensation, review or approval. In addition, by entering, each participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without additional compensation, review or approval. In connection therewith, each participant grants full permission and consent to the Promotion Parties to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised and hereby releases the Promotion Parties from all liability related thereto.

Each participant agrees that the Entry Materials submitted by each participant in his/her entry will be deemed a work made for hire for Sponsor. In addition, by submitting an entry, each participant irrevocably assigns all right, title and interest in and to the Entry Materials submitted in his/her entry to Sponsor, including, without limitation, all trademarks, copyrights (to the extent not already a work made for hire) and all other proprietary and intellectual property rights contained therein.

Sponsor reserves the right to edit, adapt or otherwise revise and alter any Entry Materials. Each participant hereby waives any moral rights or so-called droit moral in and to his/her Entry Materials and content contained therein and each participant hereby releases each of the Promotion Parties from any liability or cause of action related to editing, adapting or otherwise revising and altering any Entry Materials.
Participants agree that the Promotion Parties are not obligated to broadcast or otherwise use or exploit any Entry Materials or any part thereof. By sending in an entry, each participant agrees to execute any documents or take any further action required by the Promotion Parties to effectuate the intention of the grants in this Participation Agreement and any other agreements made by each participant.

RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

Each entrant releases and agrees to defend, indemnify and hold the Promotion Parties harmless from and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, ECONOMIC AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys' fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE ENTRANT'S participation in the PROMOTION AND WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE PROMOTION PARTIES OR BY ANY ACT OF GOD. ENTRANT ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO ANY PROMOTION ACTIVITY. IF ANY OF THE TERMS OF THIS PARTICIPATION AGREEMENT ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THIS AGREEMENT SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN.

DISCLAIMERS/LIMITATIONS ON LIABILITY:

The Promotion Parties are not responsible or liable for any of the following, whether caused by the Promotion Parties, the entrant or by human error: any damaged, delayed, illegible, incomplete, late, lost, misaddressed, misdirected, mutilated, postage-due or stolen mail of any kind; any typographical errors in this Participation Agreement, Promotion content or any advertising materials for the Promotion; any technical or mechanical malfunctions; any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures or problems; any damage or delays caused by a virus, bug, tampering or any other unauthorized intervention; or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications, Promotion-related uploads or entry information.

If the Promotion is not capable of running as planned for any reason, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause, Sponsor reserves the right, at its sole discretion, to cancel, modify, suspend or withdraw the Promotion or any Promotion offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Smallville Vloggers from all eligible entries received for the Promotion prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Sponsor's or Administering Agency's control.

GENERAL CONDITIONS OF ENTRY:

All participants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Promotion. Participants agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from utilizing the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

VENUE:

Each participant agrees that any or all lawsuits brought by participants pursuant to this Participation Agreement or the Promotion will be brought in the courts of the state of California.



PARTICIPATION AGREEMENT AND WINNERS LIST:

To view and download a copy of the Participation Agreement during the Master Promotion Period and for a six (6)-month period after the Master Promotion Period, visit http://www.rulesandregs.com. In the field provided, enter the code word cw_sprint.

To view and download a copy of the selected Smallville Vloggers for a six (6)-month period after the selection and posting of respective Smallville Vloggers by the Administering Agency, visit http://www.prizewinnerslist.com. In the field provided, enter the code word cw_sprint.

Sponsor: The CW Network, LLC, 3300 West Olive Avenue, Burbank, California.

Administering Agency: L.A. Promotion Development, Inc., P.O. Box 70, Ojai, California, 93024.

© 2007 The CW Network, LLC. All rights reserved. The Participation Agreement and all derivative forms in any configuration © 2007 L.A. Promotion Development, Inc. All rights reserved.