The “Thomas Kinkade’s Christmas Cottage” Sweepstakes is intended for participation only in the fifty (50) United States and the District of Columbia and shall be construed according to, and governed exclusively by, United States law.  Do not participate in the Sweepstakes if you are not a legal resident of the 50 United States physically located in the United States at the time of entry, and/or do not fall within the eligibility requirements set forth in the Official Rules below.

 

The “Thomas Kinkade’s Christmas Cottage” Sweepstakes
OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

PROMOTION DESCRIPTION:  The “Thomas Kinkade’s Christmas Cottage” Sweepstakes (the “Sweepstakes”) begins on or about October 3, 2008 at 12:01 a.m. Eastern Time (“ET”) and ends on December 5, 2008 at 11:59 p.m. ET (the “Promotion Period”).  At the end of the Promotion Period, a random drawing will be conducted to select one (1) Grand Prize, up to three (3) Second Prizes and up to five (5) Third Prizes from among all eligible entries received, as more fully set forth below.  Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Lionsgate, 2700 Colorado Ave., Suite 200, Santa Monica, CA 90404 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY:  Only legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older are eligible to enter.  Officers, directors and employees of Sponsor, The Thomas Kinkade Company, Teleflora LLC, and each of their respective parents, subsidiaries, affiliates, distributors, advertising and promotion agencies (such individuals and entities collectively, the “Promotion Entities”), and the immediate family members of and/or people living in the same household as any such officers, directors or employees are NOT eligible to enter the Sweepstakes or win a prize.  This Sweepstakes is void where prohibited.

HOW TO ENTER:

NO PURCHASE NECESSARY.  To enter the Sweepstakes, visit the web site www.christmascottagedvd.com/sweeps (the “Website”), follow the instructions provided, complete the entry form with the information requested, and click “Submit Entry”.  All requested information on the entry form at the Website must be completed to enter and to be eligible to win.  Incomplete entries will be disqualified.  Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry.  Personal information collected in connection with this Sweepstakes will be used in accordance with the privacy policy found on the Website.

NOTE:  Internet entry must be made by the entrant, only at the Website.  Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.  Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. 

All entries, regardless of method of entry, must be received by the end of the Promotion Period in order to participate.  The Website’s database clock will be the official time keeper for online entries in this Sweepstakes.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.  Limit one (1) entry per person and/or e-mail address.

WINNER SELECTION AND NOTIFICATION:  At the end of the Promotion Period, winners will be randomly selected from all eligible entries received during the Promotion Period.  The random drawing will be conducted by Sponsor using randomization methods selected in its sole discretion.  The potential winners will be notified by telephone and/or mail and/or e-mail, using contact information provided or collected at the time of entry.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.  Sponsor may, in its sole discretion, attempt to contact up to three (3) potential winners of the applicable prize in accordance with the above procedure, and if there is still no confirmed winner of such applicable prize after such attempts have been made, if any, such prize may go unawarded.

RIZES/ODDS:  One (1) Grand Prize is available.  The Grand Prize winner will receive one (1) Framed Limited Edition Christmas Cottage canvas, with a hand-signature and sketch on the reverse side by Thomas Kinkade, one (1) Teleflora Christmas Cottage keepsake flower bouquet and one (1) copy of “Thomas Kinkade’s Christmas Cottage” on DVD.  The approximate retail value (“ARV”) of the Grand Prize is $1,763.00.  No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable, in whole or in part, for any reason.  Applicable portions of the Grand Prize will be delivered only to an address in the United States.
 
Up to three (3) Second Prizes are available.  Each Second Prize winner will receive one (1) Framed Christmas Cottage Classic, a Thomas Kinkade exclusive canvas product offered just for this Sweepstakes, personally signed by the artist, one (1) Teleflora Christmas Cottage keepsake flower bouquet and one (1) copy of “Thomas Kinkade’s Christmas Cottage” on DVD.  The ARV of each Second Prize is $558.00.  No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable, in whole or in part, for any reason.  Applicable portions of the Second Prize will be delivered only to addresses in the United States.
 
Up to five (5) Third Prizes are available.  Each Third Prize winner will receive one (1) Framed Christmas Cottage Open Edition paper print, one (1) Teleflora Christmas Cottage keepsake flower bouquet and one (1) copy of “Thomas Kinkade’s Christmas Cottage” on DVD.  The ARV of each Third Prize is $298.00.  No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable, in whole or in part, for any reason.  Applicable portions of the Third Prize will be delivered only to an address in the United States.
The total ARV of all prizes is $4,927.

Actual odds of winning depend on the number of eligible entries received.

GENERAL PRIZE CONDITIONS:  Prizes will be awarded only if the potential prize winner fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only.  Actual prize(s) may vary from the prize(s) pictured.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.  With respect to non-cash prizes, it may be necessary under the US Internal Revenue Code and/or the California Revenue and Taxation Code or other applicable tax law (as determined by Sponsor in its sole discretion) for the applicable prize winner to pay the amount of any tax before receiving the prize.  The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”).  If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents.  If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Sweepstakes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE 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 NON-INFRINGEMENT.

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Acceptance of the prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum.  The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor.  The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes.  There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator shall not have the power to award punitive damages against the participant or Sponsor.  For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com.  If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

WINNERS’ LIST/OFFICIAL RULES:  Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: The “Thomas Kinkade’s Christmas Cottage” Sweepstakes Winners’ List Attn: Lionsgate, 2700 Colorado Ave., Suite 200, Santa Monica, CA 90404 .  All such requests must be received within six (6) weeks after the end of the Promotion Period.  These Official Rules will be posted on the Website.

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