UPROMISE® MESSIEST ROOM CONTEST OFFICIAL RULES

Jeff · 10-30-2008

UPROMISE® MESSIEST ROOM CONTEST OFFICIAL RULES

1. NO PURCHASE NECESSARY: The Upromise Messiest Room Contest ("Contest" ) is only open and offered to persons who are legal residents of the fifty (50) United States and the District of Columbia who: (i) are at least 18 years of age or older at the time of entry, (ii) are members of Upromise and have a Upromise Community account and (iii) have not won any other Upromise contest or sweepstakes within the previous three (3) months. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Employees, officers, directors and agents of Upromise, Inc. ("Upromise" ) and its Affiliates (and their immediate families-children, spouse, parents, siblings-and those living in their same households whether or not related) are not eligible; "Affiliates" includes all entities associated with Upromise for purposes of this Contest, such as its parent, subsidiaries and affiliated companies. By participating, each entrant ("Entrant" ) agrees to be bound by these Official Rules (the "Rules" ) and the decisions of the judges, if applicable, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein. A purchase will not improve the ability of an Entrant to win.

2. CONTEST PROMOTION PERIOD: The Contest Promotion Period begins at 2:00:01 p.m. Eastern Time ("ET" ) on March 8, 2009 and ends at 11:59:59 p.m. ET on March 18, 2009 (the "Promotion Period" ). Entries must be received and recorded on the www.upromise.com/community website during the Promotion Period. Upromise's computer is the official time keeping device for the Contest.

3. CONTEST ENTRY GUIDELINES: The Contest invites Upromise Community members to upload one (1) photo of their messiest room into a message board post on the Upromise Community website on the "Upromise Messiest Room Contest" message board (an "Entry" ). The photo must be in a .jpg, .JPG, .jpeg, .JPEG, .gif, .png or .PNG format with a size no greater than 333KB. The voting rules are described Rule #5. All Entries are subject to the terms and conditions of Upromise and the Upromise Community Rules. Entries that are not received by the end date stated in Rule #2 or that do not comply with these Rules will be ineligible. Any Entry that, in the sole opinion of Upromise, is considered inappropriate, obscene, indecent, hateful, tortuous, defamatory, slanderous, libelous, objectionable, or otherwise not suitable for publication will be deemed ineligible. Entries received without the appropriate information will not be accepted. Entrants must be the sole copyright owner of the Entry submitted. Entry in this Contest constitutes Entrant's irrevocable assignment, conveyance and transference to the Upromise of any and all right, title and interest in the Entry. All Entries and materials submitted become the property of the Upromise and will not be acknowledged or returned. The Entry cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means previously. You must have received consent of all parties displayed in the Entry. The Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. The Entry must not contain brand names or trademarks with the exception of the Upromise brand or trademarks. The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and the Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Entry is created.

4. TO PARTICIPATE: To participate in the Contest, you must be a member of Upromise. Membership is free. To join Upromise, go to www.upromise.com and follow the online instructions for registration. To enter, visit www.upromise.com/community during the Promotion Period, and submit your Entry. Each Entrant will be required to register with the Upromise Community and to vote for one (1) additional Upromise Messiest Room Contest Entry other than their own during the Promotion Period to enter the Contest. Each Entrant must follow the online instructions for uploading the photo and submitting it as an Entry. The voting rules are described in Rule #5. There is no limit to the number of Entries a Upromise member can submit.

5. VOTING: All eligible Entries will be posted on the "Upromise Messiest Room Contest" message board on the Upromise Community during the Promotion Period. Upromise Community members can vote for their favorite Entries by clicking on the "Credits!" button. Upromise Community members must follow the online instructions to vote. Upromise Community members will be allowed to vote only one (1) time per Entry but may vote for more than one (1) Entry. Only votes received within the Promotion Period will be counted. The five (5) Entries that receive the highest number of "Credits!" will be deemed to be the contest finalists ("Finalists" ). The judging rules are described in Rule #6.

6. JUDGING: The Finalists will be judged by an independent panel of Upromise judges. The Finalists will be judged, in the judges' sole discretion, on how well the Entry fits with the theme of the Contest. At the end of the Promotion Period, the judges will select a winner ("Winner" ). The Winner will be notified by email. The Winner is subject to eligibility verification by Upromise, whose decisions are final and binding in all matters related to the Contest including without limitation, verification of eligibility, compliance with these Official Rules and completion of necessary forms (described below). If attempted notification is returned as undeliverable, if Winner cannot be verified, or if the Winner is otherwise unable to accept a prize, the prize will be forfeited and may be awarded to an alternate winner, in Upromise's discretion.

7. CONTEST PRIZE: Prize (1): one (1) $150 Kmart® gift card, one (1) $100 Sears® gift card, one (1) $100 The Container Store® gift card, one (1) $100 Target® gift card, one (1) Homz® Designer Garment Closet (retail value $19.99), one (1) Homz® 18 pair over-the-door shoe rack (retail value $27.99) and one (1) Homz® Designer pants organizer (retail value $59.99) ("Prize" ). Total Retail Value of the Prize: ARV $557.97. Upromise is not responsible for lost, stolen, or misplaced gift cards or other prizes. Upromise will not provide any cash substitution for any unused funds available on a gift card. All gift cards are subject to specific gift card terms and conditions. The Winner must accept the Prize as stated, or the Prize will be forfeited and awarded to an alternate winner. The Prize cannot be transferred, redeemed for cash or substituted, except by Upromise who reserves the right to substitute a Prize with a prize of equal or greater value. In the event Upromise is unable to award a Prize to a potential winner, the Prize will be awarded to one of the other Finalists as determined by the judges in their sole discretion. The difference between any stated Prize value and actual Prize value will not be awarded. The Winner may not substitute, assign, or transfer a Prize or redeem a Prize for cash. The Winner will be announced on the www.upromise.com/community website on or about March 23, 2009. The Winner will be notified at the email address provided to Upromise within (1) week following the Promotion Period. The Prize will be delivered on or about two (2) weeks following Winner eligibility verification. Odds of winning the Prize depend on the number of eligible Entries received.

8. GENERAL CONDITIONS: The Winner is subject to eligibility verification. If Winner does not respond to the Upromise notice within ten (10) days of notification, or the Winner is found to be ineligible or not in compliance with these Official Rules, Prize will be forfeited and an alternate winner selected. In the event that a minor (under applicable state law) wins a Prize, it will be awarded in the name of a parent or legal guardian who must sign and return all required documentation. Upromise reserves the right to award a Prize to the parent or legal guardian of a winner who is a minor under applicable state law as determined in Upromise's sole discretion. If a Prize is returned as undeliverable, that Prize will be forfeited and that Prize will not be awarded. Unclaimed Prizes will not be awarded. If any Prize notification or Prize is returned as undeliverable, Prize will be forfeited and an alternate winner selected. No more than the stated Prize will be awarded. By entering, each Entrant agrees to release and hold Upromise, its Affiliates, and their respective officers, directors, employees, representatives, contractors, and agents of each such entity harmless from any and all liability whatsoever for any injury, loss, or damage of any kind to any person or property resulting from (i) acceptance, possession, or use of any Prize, (ii) participation in this Contest or any Contest-related activities, or (iii) use of the Entry in any manner. Except where legally prohibited, the Winner grants (and will confirm that grant in writing) permission to Upromise and its Affiliates, exercised in their sole discretion, the right to use the Winner's name, picture, likeness, voice, biographical information, and Entry (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval. All applicable taxes, whether federal, state, local, or otherwise, are solely the Winner's responsibility. By submitting an Entry, each Entrant warrants that (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, and (ii) the Entrant has followed the Rules and has the right to grant the rights to a content as provided in these Rules. Further, by submitting an Entry, the Entrant grants permission for Upromise and its Affiliates to publish, post, display, and otherwise use the Entry in any form, in any manner, and in any media deemed appropriate by Upromise or its Affiliate, without compensation of any kind to Entrant. In the event the Upromise is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Upromise's control (each a "Force Majeure" event) the Upromise shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Upromise, in their discretion, elect to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Upromise reserves the right, but shall have no obligation, to award the Prize from among all valid and eligible entries received up to the time of such Force Majeure event. Upromise reserves the right to correct typographic, clerical or printing errors in any Contest materials. Upromise is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of the Prize, including such error as may give an erroneous indication that a Prize has been won.

9. LIABILITY LIMITATIONS:

Neither Upromise, its Affiliates nor the companies providing the prizes are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, incomplete, or inaccurate information, (vii) unauthorized access to, tampering with, or hacking into any website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network. Upromise may, at its sole discretion, disqualify any individual who tampers with any Entry or with the operation of the Contest, who acts in violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. Votes generated by a robotic, programmed, script, macro or other automated means will be disqualified. If, for any reason, the Contest is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Upromise, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Contest, Upromise may in its sole discretion cancel, terminate, modify, or suspend the Contest, and determine a winner from Entries already received or as otherwise deemed fair and equitable by Upromise. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Upromise reserves the right to seek damages from any such person to the fullest extent permitted by law. Upromise's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute regarding Entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of the Entry used to enter will be deemed to be the Entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.

10. FURTHER LIABILITY LIMITATIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL UPROMISE OR ITS AFFILIATES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

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 Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in the Commonwealth of Massachusetts; (2) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 Upromise in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

12. WINNER LIST: To request the name of the Winner, mail a self-addressed stamped envelope in a first class stamped envelope to: "Upromise Messiest Room Contest" Winner List, Attn: Marketing Department, Upromise, Inc. 95 Wells Avenue, Suite 160, Newton, MA 02459.

13. OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: "Upromise Messiest Room" Contest, Upromise, Inc., Attn: Marketing Department, 95 Wells Avenue, Suite 160, Newton, MA 02459.

SPONSOR: Upromise, Inc., 95 Wells Avenue, Suite 160, Newton, MA 02459.

Message Edited by Jeff on 03-09-2009 11:03 AM