Nick & Norah's Infinite Playlist - In Theaters October 3 Where's Fluffy? Sweepstakes and Instand Win game

Official Rules

THE "WHERE'S FLUFFY?" SWEEPSTAKES & INSTANT WIN GAME OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

THE "WHERE'S FLUFFY?" SWEEPSTAKES & INSTANT WIN GAME ("Promotion") consists of (i) a Sweepstakes (the "Sweepstakes") and (ii) an Instant Win Game (the "Game") that asks players to choose the location in New York where they think the fictional band "Where's Fluffy?" from the movie NICK & NORAH'S INFINITE PLAYLIST (the "Picture") is playing. The Promotion starts at 6 p.m. Pacific Time ("PT") on 8/8/08 and ends at 3 p.m. PT on 10/13/08 (the "Promotion Period"). Entry into the Sweepstakes is a condition of playing the Game, but one may enter the Sweepstakes without also playing the Game. The sponsor of the Promotion is Columbia TriStar Marketing Group, Inc., 10202 West Washington Blvd., Culver City, CA 90232 (the "Sponsor"). The Promotion is subject to these Official Rules (the "Official Rules"), and by entering, entrants agree to be bound by them.

ELIGIBILITY: Promotion is open only to legal residents of the 50 United States of America and the District of Columbia who as of the date of their entry into the Sweepstakes are 13 years of age or older. Employees, officers and directors of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company ("West Coast Marketing") and each of the foregoing entities' affiliates, and any other Sponsor-authorized designees associated with the design, administration, prize supplying or prize fulfillment of the Sweepstakes (collectively, the "Promotion Entities"), as well as members of such employees', officers' or directors' immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Promotion. Promotion void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. A prize won by a minor will be awarded in the name of said minor's parent or legal guardian.

HOW TO ENTER THE PROMOTION AND/OR THE SWEEPSTAKES: During the Promotion Period, individuals interested in participating in the Sweepstakes only or in the Promotion (which includes both the Sweepstakes and the Game) may enter by (i) logging onto http://www.NickandNorah.com (the "Promotion Site"), (ii) finding the "Where's Fluffy?" icon and clicking on it, (iii) when prompted, providing their first and last name, street address (no P.O. boxes), city, state, zip code, daytime telephone number (including area code), date of birth, gender, and e-mail address, and (iv) after providing the required information, clicking on the "SUBMIT" button. An "Online Entry" takes place after the entrant clicks on the "SUBMIT" button after providing the required information detailed above.

ONLY ONE (1) ONLINE ENTRY PER PERSON/E-MAIL ADDRESS PER DAY DURING THE PROMOTION PERIOD WILL BE ACCEPTED. ANY ATTEMPTED ONLINE ENTRIES IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID.

Each day that an individual submits an Online Entry he or she will receive one (1) opportunity to play the Game. Regardless of the name/email address used, an individual may only play the Game (sometimes referred to as "Game Play") one (1) time each day throughout the Promotion Period. An individual may only win one (1) Game prize throughout the Promotion Period.

HOW TO PLAY THE GAME: Individuals who have already submitted an Online Entry on a particular day will get a "Thank You for Submitting an Online Entry" message and will be invited to play the Game. At that point, entrants who choose to play the Game will be prompted to select one (1) of the three (3) locations on a displayed New York City map where they believe the "Where's Fluffy?" band is playing. A Game Play takes place after the entrant clicks one (1) of the three (3) locations displayed.

ONLY ONE (1) GAME PLAY PER PERSON/E-MAIL ADDRESS PER DAY WILL BE ACCEPTED. ANY ATTEMPTED GAME PLAYS IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID.

The Promotion Site's database clock will be the official timekeeper for this Promotion.

SWEEPSTAKES WINNER SELECTION AND GAME PLAY WINNER DETERMINATION:

Sweepstakes Grand Prize Winner Selection: One (1) potential Sweepstakes Grand Prize Winner will be selected in a random drawing held on or about 10/20/08 by West Coast Marketing, an independent judging entity. Potential Sweepstakes Grand Prize Winner will be notified by e-mail, overnight delivery service and or telephone by 10/24/08. Potential Sweepstakes Grand Prize Winner (or potential Sweepstakes Grand Prize Winner's parent or legal guardian if potential Sweepstakes Grand Prize Winner is a minor in the jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and a completed IRS W-9 form within three (3) business days of date of issuance. A pre-paid overnight delivery service air bill will be provided to facilitate the return of all required documents. Potential Sweepstakes Grand Prize Winner's failure to return all required forms in this three (3) day time period may result in the potential Sweepstakes Grand Prize Winner being disqualified and an alternate winner may be selected at Sponsor's sole discretion. If any prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its discretion, to award the Sweepstakes Grand Prize to an alternate eligible entrant subject to the new selectee's compliance with all the terms and conditions of these Official Rules.

Game Play Winner Determination: The individual who is the first player to play the Game on or after one (1) of the randomly selected, predetermined Game winning times during the Promotion Period will receive a Game message that says "Congratulations! You Found "Where's Fluffy?" and that individual will win a Game prize, subject to verification of eligibility. Once all Game prizes have been awarded, notice of same will be posted on the Promotion Site.

All federal, state and local tax liabilities, if any, are the responsibility solely of the prize winners. Acceptance of a prize constitutes permission (except where prohibited) granted to Sponsor to use the prize winner's name, likeness, pictures, photographs, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.

PRIVACY: All information collected by Sponsor in connection with participation in the Promotion will be subject to Sponsor's Privacy Policy and California Privacy Rights.

SWEEPSTAKES GRAND PRIZE (one Grand Prize will be awarded in this Promotion): The Grand Prize consists of one (1) $500.00 gift certificate from WakeUpFrankie.com (redeemable only for merchandise and specifically excluding redemption for 3 piece luggage sets); one (1) Urban Decay Ultimate Prize Package consisting of one (1) each of the following items: Clean & Sober, Gash 24/7 Glide-On Lip Pencil, Universal Surreal Skin Mineral Powder, Glam Rock Heavy Metal Glitter Eyeliner, Santa Tanita Body Bronzer, Big Fatty Mascara, Big Buddha Brush, Rockstar 24/7 Glide-On Eye Pencil, Stash 24/7 Glide-On Eye Pencil, Gilded Baked Bronzer, Brown Sugar Brow Box, Goddess Loose Pigment, Envious Lip Envy Lip Stain, Flash Eyeshadow, Perversion Matte Eyeshadow, Grind House Sharpener, Sting Deluxe Eyeshadow, De-Slick Mattifying Powder, Oil Slick Liquid Liner and Gash Lipstick (ARV $412.00); one (1) Fender Classic Series '50s Stratocaster® Electric Guitar in black (ARV: $924.99) and one (1) ROCK BAND™ Special Edition bundle featuring wireless guitar controller, electronic drum kit, drum sticks, microphone and software (ARV$169.99). The total ARV of the Grand Prize is $2,006.98. Grand Prize is non-transferable, non-assignable and other than the $500.00 WakeUpFrankie.com gift certificate specified above, has no cash value. No prize substitution or cash redemption allowed by Grand Prize Winner. Sponsor reserves the right to substitute a prize of comparable or greater value at any time in its sole discretion. No portion of the Grand Prize may be sold, bartered or exchanged by Grand Prize Winner. If awarded, Grand Prize will be awarded without any warranty of any kind except the standard warranty supplied by the manufacturer. Odds of winning the Grand Prize depends on the total number of eligible Online Entries received.

GAME PRIZES: (146 Game Prizes will be awarded in this Promotion): Each Game Prize consists of one (1) "Where's Fluffy?" T-shirt (specific size awarded will be at sole discretion of Sponsor) (ARV 15.00).

The total ARV of all prizes available to be awarded in the Promotion is $4,196.98.

RELEASE OF LIABILITY/GENERAL CONDITIONS: Promotion Entities shall not be responsible or liable for Online Entries or Game Plays that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Online Entries or Game Plays that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules, and all such Online Entries and Game Plays will be disqualified. By entering the Sweepstakes or submitting a Game Play, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and the decisions of Sponsor and West Coast Marketing which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Promotion Entities in connection with the Promotion; and (iv) to release, indemnify, and hold harmless each of the Promotion Entities and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the "Releasees"), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant's entry, participation or inability to participate in the Promotion or in any parts thereof, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Promotion-related promotional materials, (d) acceptance, possession, defects in, use, misuse or inability to use a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond the Promotion Entities' control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Online Entry or Game Play (including, without limitation, the Online Entry or Game Play information or any parts thereof), (i) any technical malfunctions or unavailability of the Promotion Site or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Promotion Entities or by an entrant, (j) interruption or inability to access the Promotion, the Promotion Site or any other Promotion-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Online Entries or Game Plays,(n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Promotion Entities, or any of their agents or employees, and/or (o) any lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof). Each prize winner hereby acknowledges that the Promotion Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize or any component thereof.

Proof of entering information at the Promotion Site or submitting a Game Play is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced or Online Entries or Game Plays in excess of the permitted number from any one (1) valid e-mail address and/or person will be disqualified. All Online Entries and Game Plays become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Online Entries, Game Plays or acts shall render entrants ineligible.

If for any reason the Promotion is not capable of running as planned, or if the Promotion or the Promotion Site (or any portion thereof) becomes corrupted or does not allow the proper playing of the Promotion and/or processing of Online Entries or Game Plays in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion (or any component part thereof) or the granting of a prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Promotion (or any component part thereof). In the event the Promotion is cancelled, and to the extent possible (such determination to be made by Sponsor), Sponsor will conduct random drawings to select the stated number of prize-winning entrants from among all eligible, non-suspect Online Entries and/or Game Plays received, prior to the time of the action or event warranting such cancellation, and to award the stated number of prizes (or any awardable portion(s) thereof). In the event that Sponsor determines that there are no eligible entrants, Sponsor reserves the right in its sole discretion to not award any of the prizes (or any portion thereof) or less than the stated number of prizes. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE PROMOTION SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an Online Entry or Game Play, the Online Entry or Game Play, as applicable, will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential prize winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning Online Entry or Game Play and that all eligibility requirements are met.

ARBITRATION: BY ENTERING INTO THE PROMOTION, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS PROMOTION (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE § § 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.

GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.

NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE PROMOTION, THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.

OFFICIAL WINNERS LIST/OFFICIAL RULES: For an Official Winners List (available after 11/15/08), or a copy of these Official Rules, send a self-addressed, stamped envelope to: THE "WHERE'S FLUFFY?" SWEEPSTAKES & INSTANT WIN GAME (please specify Official Winners' List or Official Rules), PO Box 56436, Sherman Oaks, CA, 91413 to be post-marked no later than 11/15/08. Residents of Vermont may omit the return postage on their request. The Official Rules are also available during the Promotion Period at the Promotion Site.