The Kmart Christmas Countdown Official Rules

The Kmart Christmas Countdown Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. A WINNER MAY BE REQUIRED TO EXECUTE A PRIZE-ACCEPTANCE AGREEMENT AS MORE FULLY DETAILED BELOW. The Kmart Christmas Countdown (the �Promotion�) begins on Tuesday, November 25, 2008, at 8:00:00 p.m. and ends on Wednesday, December 24, 2008, at 7:59:59 p.m. (the �Master Promotion Period�). Within the Master Promotion Period, there will be twenty-one (21) individual drawings (each a �Christmas Countdown Drawing�) as defined in the �Winner Selection/Odds� paragraph below. All times are eastern time.

ELIGIBILITY:

The Promotion is open to legal residents of any one (1) of the fifty (50) United States and the District of Columbia (collectively, the �U.S.�) who are eighteen (18) years of age or older and physically domiciled in the U.S. at the time of entry. Employees, directors and officers of The CW Network, LLC (�The Sponsor� and/or �The CW�), and Sears Holdings Corporation (hereinafter referred to as �Kmart�), L.A. Promotion Development, Inc. (the �Administering Agency�), Warner Bros. Entertainment Inc., CBS Corporation, their respective parent companies and subsidiaries, affiliates, distributors, divisions, broadcast affiliates, or advertising and promotion agencies associated with the Promotion, or prize suppliers for the Promotion (collectively, the �Promotion Parties�) are not eligible to enter the Promotion or win any prizes. 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 enter this Promotion or win any prizes. 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 the Administering Agency. By entering, participants agree to be bound by these Official Rules and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.

ENTER IN THE FOLLOWING WAY: Participants may enter the Promotion online only. Participants may enter one (1) time per hour per Christmas Countdown Drawing period (as further defined below), which, for the purpose of this promotion, begins each day at 8:00:00 p.m. and ends at 7:59:59 p.m. the following day (during the Master Promotion Period), with the exception of each Saturday and Sunday, beginning at 8:00:00 p.m. and ending at 7:59:59 p.m. the immediately following day (respectively). Entries received before and/or after each respective Christmas Countdown Drawing period and the Master Promotion Period will be void. Entries received in excess of the maximum number of entries allowed for each respective Christmas Countdown Drawing period will be void.

Sponsor will be the official timekeeper for the Promotion.

To enter the Promotion, visit http://www.CWtv.com/Kmart (the �Web Site�) and follow the on-screen instructions to reach the Promotion registration page. On the registration page, follow the on-screen instructions to use the entry mechanism provided to identify which Kmart gift (�Kmart Gift�) was featured in participating The CW Network programming (from the options provided on the registration page and during the applicable Christmas Countdown Drawing period), as further defined in the �Winner Selection/Odds� paragraph below. A correct answer is not required for entry to be considered eligible.

Also, in the spaces provided, enter the following information: 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.

As a condition of entry, each participant entering the Promotion must also follow the on-screen instructions to indicate his/her acceptance of these Official Rules. By clicking on the final �Submit� button, each participant forwards his/her entry to the Promotion

Nonreadable, garbled or incomplete entries, or participants that do not abide by these Official Rules, as determined by the Sponsor or Administering Agency, at their sole discretion, will be disqualified. All entries become property of the Sponsor and will not be returned or acknowledged. Entries that are submitted by a third-party entity on behalf of a participant, including, but not limited to, a Sweepstakes agent or agency, or entries that are forged, altered 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. For purposes of this Promotion, an entry is �received� when The CW�s Web Site servers record the entry information upon participant clicking the final �Submit� button. Proof of sending (such as an automated computer receipt confirming entry or �thanks for entering� message) does not constitute proof of actual receipt of an entry for purposes of this Promotion. All entries must be submitted legitimately.

In the event of a dispute regarding the identity of a participant, 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. Potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor�s satisfaction, the entry will be deemed ineligible.

To review The CW�s Privacy Policy, go to http://www.cwtv.com/page/privacypolicy.html. In addition to the �Grant� section below, a participant�s personal information will be utilized by the Sponsor and/or Administering Agency for selecting winners, the fulfillment of prizes, to publish a winners list, to comply with any legal requirements, and as otherwise disclosed to you on the Web Site and/or registration form.

WINNER SELECTION/ODDS:

The Administering Agency will conduct twenty-one (21) Christmas Countdown Drawings on/about Tuesday, December 30, 2008, as detailed below.

Christmas Countdown Drawing #1:

(from all eligible entries received between 8:00:00 p.m. on Tuesday, November 25, 2008, and 7:59:59 p.m. on Wednesday, November 26, 2008)

Christmas Countdown Drawing #2:

(from all eligible entries received between 8:00:00 p.m. on Wednesday, November 26, 2008, and 7:59:59 p.m. on Thursday, November 27, 2008)

Christmas Countdown Drawing #3:

(from all eligible entries received between 8:00:00 p.m. on Thursday, November 27, 2008, and 7:59:59 p.m. on Friday, November 28, 2008)

Christmas Countdown Drawing #4:

(from all eligible entries received between 8:00:00 p.m. on Friday, November 28, 2008, and 7:59:59 p.m. on Saturday, November 29, 2008)

Christmas Countdown Drawing #5:

(from all eligible entries received between 8:00:00 p.m. on Monday, December 1, 2008, and 7:59:59 p.m. on Tuesday, December 2, 2008)

Christmas Countdown Drawing #6:

(from all eligible entries received between 8:00:00 p.m. on Tuesday, December 2, 2008, and 7:59:59 p.m. on Wednesday, December 3, 2008)

Christmas Countdown Drawing #7:

(from all eligible entries received between 8:00:00 p.m. on Wednesday, December 3, 2008, and 7:59:59 p.m. on Thursday, December 4, 2008)

Christmas Countdown Drawing #8:

(from all eligible entries received between 8:00:00 p.m. on Thursday, December 4, 2008, and 7:59:59 p.m. on Friday, December 5, 2008)

Christmas Countdown Drawing #9:

(from all eligible entries received between 8:00:00 p.m. on Friday, December 5, 2008, and 7:59:59 p.m. on Saturday, December 6, 2008)

Christmas Countdown Drawing #10:

(from all eligible entries received between 8:00:00 p.m. on Monday, December 8, 2008, and 7:59:59 p.m. on Tuesday, December 9, 2008)

Christmas Countdown Drawing #11:

(from all eligible entries received between 8:00:00 p.m. on Tuesday, December 9, 2008, and 7:59:59 p.m. on Wednesday, December 10, 2008)

Christmas Countdown Drawing #12:

(from all eligible entries received between 8:00:00 p.m. on Wednesday, December 10, 2008, and 7:59:59 p.m. on Thursday, December 11, 2008)

Christmas Countdown Drawing #13:

(from all eligible entries received between 8:00:00 p.m. on Thursday, December 11, 2008, and 7:59:59 p.m. on Friday, December 12, 2008)

Christmas Countdown Drawing #14:

(from all eligible entries received between 8:00:00 p.m. on Friday, December 12, 2008, and 7:59:59 p.m. on Saturday, December 13, 2008)

Christmas Countdown Drawing #15:

(from all eligible entries received between 8:00:00 p.m. on Monday, December 15, 2008, and 7:59:59 p.m. on Tuesday, December 16, 2008)

Christmas Countdown Drawing #16:

(from all eligible entries received between 8:00:00 p.m. on Tuesday, December 16, 2008, and 7:59:59 p.m. on Wednesday, December 17, 2008)

Christmas Countdown Drawing #17:

(from all eligible entries received between 8:00:00 p.m. on Wednesday, December 17, 2008, and 7:59:59 p.m. on Thursday, December 18, 2008)

Christmas Countdown Drawing #18:

(from all eligible entries received between 8:00:00 p.m. on Thursday, December 18, 2008, and 7:59:59 p.m. on Friday, December 19, 2008)

Christmas Countdown Drawing #19:

(from all eligible entries received between 8:00:00 p.m. on Friday, December 19, 2008, and 7:59:59 p.m. on Saturday, December 20, 2008)

Christmas Countdown Drawing #20:

(from all eligible entries received between 8:00:00 p.m. on Monday, December 22, 2008, and 7:59:59 p.m. on Tuesday, December 23, 2008)

Christmas Countdown Drawing #21:

(from all eligible entries received between 8:00:00 p.m. on Tuesday, December 23, 2008, and 7:59:59 p.m. on Wednesday December 24, 2008)

If there are no eligible entries from which to select a winner for any individual Christmas Countdown Drawing, that Christmas Countdown Drawing�s prize will be awarded during the next drawing for which there are eligible participants. Therefore, there could be two or more random drawings in one (1) Christmas Countdown Drawing.

If a participant�s entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win a prize (subject to the Sponsor�s verification process). If a potential prizewinner is found ineligible or fails to comply with these Official Rules, that individual�s claim to the prize is forfeited and an alternate randomly drawn eligible participant will be contacted.

Odds of winning a Christmas Countdown Drawing prize are determined by total number of eligible entries received during the respective Christmas Countdown Drawing period.

PRIZES:

Total Approximate Retail Value (�ARV�) of all prizes in this Promotion: $18,375.00.

Christmas Countdown Drawing First Prizes: During each individual Christmas Countdown Drawing period, one (1) First Prize winner will receive a two-hundred-and-fifty-dollar ($250.00) Kmart Shopping Spree in the form of one (1) two-hundred-and-fifty-dollar ($250.00) Kmart Gift Card. ARV of each Christmas Countdown Drawing First Prize: $250.00.

Christmas Countdown Drawing Second Prizes: During each individual Christmas Countdown Drawing period, twenty-five (25) Second Prize winners will each receive a twenty-five-dollar ($25.00) Kmart Gift Card. ARV of each Christmas Countdown Drawing Second Prize: $25.00.

Use of Kmart Gift Card subject to terms and conditions of use as disclosed on back of card, or visit www.kmart.com.

No more than the prizes stated will be awarded.

PRIZEWINNER NOTIFICATION PROCESS:

First and/or Second Prize winners (a �Prizewinner� or collectively �Prizewinners�), at the Administering Agency�s sole discretion, may receive their prizes by mail or other courier service with no prior notice or may be notified that they may be a winner in this Promotion by telephone and/or e-mail, using the contact information they provided in their entry. At its sole discretion, the Administering Agency may require a tentative Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, �Affidavit/Release�). If Administering Agency chooses to notify a tentative Prizewinner rather than sending the prize by mail or other courier service with no prior notice, and that tentative Prizewinner cannot be reached within three (3) calendar days from the date of first notification attempt, such person may be disqualified and an alternate winning entry may be randomly drawn from all eligible entries received.

If required, Affidavit/Release must be returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023) within seven (7) business days of the date the Administering Agency sent the Affidavit/Release. A disqualification may result and an alternate winning entry may be randomly drawn from all eligible entries received if the Affidavit/Release is not returned to the Administering Agency within the specified time.

ADDITIONAL PRIZE INFORMATION/TAXES:

Prizes are not transferable or assignable and may not be substituted or redeemed for cash, except at the Sponsor�s sole discretion. Promotion Parties reserve the right to substitute a stated prize or portion thereof for another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Promotion Parties will have no further obligation with respect to that prize or portion of the prize. Prizewinners are solely responsible for any and all federal, state and local taxes on prize value and, as applicable and as required by law, may be issued an IRS form 1099 based on the actual prize cost. By entering, each participant agrees that if selected as a tentative Prizewinner, Sponsor may, at their option, conduct a background check on participant, the results of which may disqualify participant as a Prizewinner. If necessary or requested, the Prizewinner agrees to sign waiver forms authorizing the release of personal and background information.

GRANT�HOW THE PROMOTION PARTIES MAY USE PERSONAE-RELATED MATERIALS AS DISCLOSED BELOW:

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 (collectively, �Personae-Related Materials�) on a worldwide basis, in any manner and in all venues and forms of media, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Promotion, on Sponsor-related Web sites and any of Sponsor�s advertising and promotion materials and/or broadcasts in any form, without additional 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 manner and in any and all media now known or hereafter devised and hereby releases the Promotion Parties from all liability related thereto.

Sponsor may require an additional separate written agreement with a Prizewinner at Sponsor�s sole discretion.

Participant agrees that the Promotion Parties are not obligated to manufacture, broadcast or otherwise use or exploit any Personae-Related Materials or any part thereof. By submitting 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 these Official Rules and any other agreements made by each participant.

REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:

The Promotion Parties make no warranties, REPRESENTATIONS oR GUARANTEES, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of any prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED �AS IS� WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.

By entering, each Participant and each of their agents, assignees, executors and successors agree to indemnify, defend, hold harmless and fully release and forever discharge EACH OF the Promotion Parties from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys� fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Promotion, including, WITHOUT LIMITATION, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation and/or entry in the Promotion, or resulting from acceptance, possession, quality, use or misuse of any prize, or any portion thereof, OR PREPARATION FOR OR TRavel to or from any prize- or promotion-related activity. IF ANY OF THESE OFFICIAL RULES ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE RULES 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. THE PROMOTION PARTIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR REROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

EACH PARTICIPANT acknowledgeS that there is a possibility that subsequent to ENTERING THE PROMOTION AND AGREEING TO THESE OFFICIAL RULES, A PARTICIPANT will discover facts or incur or suffer claims which were unknown or unsuspected at the time A PARTICIPANT AGREED TO thESE OFFICIAL RULES, and which if known at that time may have materially affected A PARTICIPANT�S decision to AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS PROMOTION, EACH PARTICIPANT acknowledgeS and agreeS that by reason of thESE OFFICIAL RULES, and the releaseS contained in the preceding paragraphs, EACH PARTICIPANT assumES any risk of such unknown facts and such unknown and unsuspected claims.

Each participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

GENERAL:

Each participant agrees that the Promotion Parties are not responsible for any errors, typographical errors or misprints in these Official Rules or any materials (including, but not limited to) the advertising, promotion or offer of the Promotion. If the Promotion or, as applicable, the fulfillment of any prize or of a prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or mobile telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by the Promotion Parties, the user or by any of the equipment or programming associated with or utilized in the Promotion, the Sponsor reserves the right, at its sole discretion, to change the Official Rules, 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 the winners from among 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.

The Promotion Parties are not responsible and/or liable for any of the following, whether caused by the Promotion Parties, the participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected entries, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.

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. Any person who supplies false information, submits entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEB SITE 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.

A Promotion Party�s failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.

Except where prohibited, as a condition of participating in this Promotion, each participant agrees that any and all disputes that cannot be resolved between the participant and any Promotion Party, claims and causes of action arising out of or connected with this Promotion or a prize awarded or the determination of a winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages or any other damages, including attorneys� fees, other than participant�s actual out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and participant further waives all rights to have damages multiplied or increased.

All claims brought by a participant must be brought in the courts of the state of California, and this Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California and without reference to its conflicts of law principles.

OFFICIAL RULES AND WINNERS LIST:

To view and download a copy of the Official Rules during the Promotion Period and for a six (6)-month period after the Promotion Period or to view and download a copy of the winners list for a six (6)-month period after the selection and posting of winners by the Administering Agency, visit http://www.rulesandwinners.com. In the field provided, enter the code word Kmart.

Sponsor:�� The CW Network, LLC

4000 Warner Blvd.

Burbank, California 91505

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