Obssed - Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

THE "ARE YOU OBSESSED?" SWEEPSTAKES & INSTANT WIN GAME ("Promotion") consists of two components: (i) a Sweepstakes (the "Sweepstakes") and (ii) an Instant Win Game (the "Game") that asks Game players to click on an "envelope" icon displayed on-screen. The Promotion promotes the motion picture "Obsessed" (the "Picture"). The Promotion starts at 3:00 p.m. Pacific Time ("PT") on 3/25/09 and ends at 11:59 p.m. PT on 4/27/09 (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 ("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 (i) female and (ii) between the ages of 21 and 45 years of age. 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 where prohibited or restricted by law.

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 www.areyouobsessed.com (the "Promotion Site"), (ii) 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 (iii) after providing the required information, clicking on the "SUBMIT" button. An "Entry" takes place after the entrant clicks on the "SUBMIT" button after providing the required information detailed above.

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

Each day that an individual submits an Entry she will receive one (1) opportunity to play the Game. Regardless of the name/e-mail 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 Entry on a particular day will get a "Thank You for Submitting an Entry" message and an additional message that "You Have a Message From Temp Girl". At that point, entrants who choose to play the Game will be prompted to click on the "envelope" icon. A Game Play takes place after the entrant clicks on the "envelope" icon 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 5/4/09 by West Coast Marketing, an independent judging entity. Potential Sweepstakes Grand Prize Winner will be notified by e-mail, mail, overnight delivery service and or telephone by 5/11/09. Potential Sweepstakes Grand Prize Winner 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. Grand Prize Winner's travel companion will also be required to execute and return a notarized Release of Liability form within this same deadline. 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 "Temp Girl Says You're A Winner!" and that individual will win the Game prize specified in the message, subject to verification of eligibility. Once all Game prizes have been awarded, notice of same will be posted on the Game Site and the Game (and the Game) shall be deemed ended as of the time of the notice. Prizes that remain unclaimed at the conclusion of the Game will not be awarded.

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 statements.

SWEEPSTAKES GRAND PRIZE (one Grand Prize will be awarded in this Promotion): The Grand Prize consists of a trip for the eligible Grand Prize Winner and a guest to Las Vegas, NV ("Las Vegas"). The Grand Prize trip includes the following: (i) roundtrip ("R/T") economy (coach) class airfare for two (2) from a major U.S. gateway airport near the Grand Prize Winner's hometown to Las Vegas; (ii) R/T limousine transportation between the airport and Hotel (as defined below) in Las Vegas; (iii) two (2) consecutive nights hotel accommodations (single standard room, double occupancy; room and room tax only) at Planet Hollywood Resort & Casino ("Hotel") in Las Vegas; (iv) dinner for two (2) (maximum of $250) at KOI or Strip House (restaurant and menu determined by Sponsor in its sole discretion); (v) two (2) one hour treatments at the Planet Hollywood Spa (available treatments determined by Sponsor in its sole discretion); (vi) brunch for two (2) at Spice Market Buffet; and (vii) admission for two (2) to a Las Vegas concert or show selected at sole discretion of Sponsor. The approximate retail value ("ARV") of the Grand Prize is $3,593.00. The actual value of the Grand Prize may vary depending on city of departure, date and times of travel, airfare fluctuations and Hotel charges at the time of travel. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded.

Travel is subject to the restrictions and conditions set forth below. Blackout dates do apply. Grand Prize Winner must provide a minimum of forty-five (45) days advance notice of desired departure and all travel must be completed by September 30, 2009 or the Grand Prize will be forfeited in its entirety and no additional prize element substituted. If Grand Prize Winner lives within 100 miles of the Hotel, airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner and her travel companion. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, additional meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize Winner and her travel companion. All travel arrangements are to be administered by West Coast Marketing or its designee. Grand Prize Winner and her travel companion will be required to travel on identical itineraries including the same departure city and date, destination and return date. Grand Prize Winner and her travel companion will each be required to provide a valid U.S. Federal or state government issued photo ID at time of travel. If Grand Prize Winner elects to travel or partake in the Grand Prize trip with no travel guest, no additional compensation will be awarded. Air transportation (if any is provided) and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor's sole discretion. All airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles or any other promotional benefit. No code-share flights, one-way trips or upgrades allowed. Grand Prize Winner is solely responsible for any and all excess baggage charges, upgrades, taxes and any other charges incurred after or in connection with the issuance of airline tickets. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner's possession, or in the possession of the Grand Prize Winner's travel companion. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Unless otherwise necessitated by prize provider, no stopovers are permitted on tickets issued as the Grand Prize; if a stopover otherwise occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. Any unclaimed and/or unused Grand Prize travel package elements will be forfeited by the Grand Prize Winner and will remain the property of Sponsor. Grand Prize is non-transferable, non-assignable and 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, endorsed, transferred, exchanged or modified in any way by Grand Prize Winner. If awarded, Grand Prize will be awarded without any warranty of any kind. Odds of winning the Grand Prize depends on the total number of eligible Entries received for the Sweepstakes.

GAME PRIZES:

Dereon Box Clutch Prize (Sixteen Dereon Box Clutch Prizes are available to be awarded in this Game): Each Dereon Box Clutch Prize consists of one quilted box clutch with push-lock closure and embossed logo plate at front. The ARV of each Dereon Clutch Prize is $59.00. Note: specific color awarded may differ from the one illustrated and is at sole discretion of Sponsor or its designee

Obsessed Red Nail Polish Prize (Thirty Obsessed Red Nail Polish Prizes are available to be awarded in this Game): Each Obsessed Red Nail Polish Prize consists of one bottle of Picture-branded red nail polish (specific size, manufacturer and shade of red to be awarded at sole discretion of Sponsor). The ARV of each Obsessed Red Nail Polish Prize is $1.99.

Odds of winning a prize in the Game depend on the number of eligible Game Plays received and the timing of such Game Plays.

The total ARV of all prizes available to be awarded in the Promotion is $4,596.70.

RELEASE OF LIABILITY/GENERAL CONDITIONS: Promotion Entities shall not be responsible or liable for 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 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 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 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 Entry or Game Play (including, without limitation, the 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 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) cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), or other transportation companies, hotel(s), or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same, (p) lost, stolen, damaged, delayed, or misdirected baggage or (q) 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 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 Entries and Game Plays become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive 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 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 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 Entry or Game Play, the 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 she is the authorized account holder of the e-mail address associated with the winning 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 (OR ANY PARTS THEREOF, 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 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 6/1/09), or a copy of these Official Rules, send a self-addressed, stamped envelope to: THE "ARE YOU OBSESSED?" 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 6/1/09. 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.