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Commercial Contest Official Rules

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KMART SHOW YOUR BACK TO SCHOOL STYLE, GET IN THE COMMERCIAL CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY

1. ELIGIBILITY: The Kmart Show Your Back to School Style, Get in the Commercial Contest (“Contest”) is open to legal residents of the fifty (50) United States, the District of Columbia, and Guam who are 13 years of age or older and registered users of www.youtube.com (“Website”) at the time of entry. Professional videographers and employees of Sponsor, YouTube, Google, Inc., Draftfcb, Ventura Associates, Inc. and their respective affiliates, parents, subsidiaries, and any other advertising and promotion agencies involved with this Contest, and the immediate family members and/or those living in the same household of each are not eligible to enter or win. All determinations of eligibility shall be made by Sponsor in its sole discretion. By entering and or uploading a Commercial, entrant agrees that he/she has read and consents to be bound by these Contest Official Rules and Kmart’s privacy policy and YouTube’s privacy policy. Eligibility is conditioned on the acceptance of the Contest Official Rules and Kmart’s privacy policy and YouTube’s privacy policy at time of submission.

2. HOW IT WORKS: The purpose of this Contest is for the entrant (“Entrant”) and his/her team of up to 4 friends (individually and collectively “Group”) to create and feature in an original video of 30 - 60 seconds expressing how your unique Back To School style fits your life and personality, and how Kmart helps you do that (“Commercial”). A Commercial must consist of one (1) Entrant and a maximum of four (4) additional participants. Any prize won will be awarded in each of the names of the participants in the Group, and each participant will be responsible for his/her share of the taxes. Note: Commercials must NOT contain anything that is inappropriate or violate the Commercial guidelines in Rules 4 and 5 below. Sponsor and/or their designated representatives, will review all Commercials received and will only post those Commercials at www.kmart.com/youtube (“Website”) that conform to these Official Rules and the Terms of Use and Privacy Policy, as determined by the Sponsor in its sole discretion. Sponsor will not notify Entrants whether or not their Commercial has been rejected or accepted. At the conclusion of the Entry Period, a panel of Judges will choose the top 20 (“Finalists”) which will be posted online for visitors to vote on to determine the Winners.

3. HOW TO ENTER: Contest will begin on July 18, 2008 at 12:00:01 AM (ET) and end on August 17, 2008 at 11:59:59 PM (ET) (“Submission Period”). During the Submission Period, visit the “Kmart Show Your Back to School Style, Get in the Commercial” page on YouTube at www.kmart.com/youtube. If you are a YouTube member, login and upload your Commercial to your YouTube account. If you are not a YouTube member (under 18 years of age, you will need your parent or legal guardian’s permission), follow the instructions to sign up for a free membership. If your YouTube Profile does not include your birthday and your state of residence before you submit your Commercial, you will be notified and will be given 5 days to resubmit your Commercial with the required information. Note: When you choose a YouTube username, don’t use any inappropriate words or your Commercial will be disqualified. If you already have an existing YouTube username that contains inappropriate words, create a new YouTube username to submit your Commercial. To upload your Commercial, follow the on-screen instructions at www.kmart.com/youtube. Click the “Submit” button, type in your YouTube username, upload the Commercial you want to submit, read and then check YouTube’s terms and conditions box, and click “Add to Contest.” An email will be sent confirming receipt of your Commercial. Note to Parents or Legal Guardians: you may request that your minor child’s Commercial be taken down by using the email address at the entry site. You will be required to provide by phone or email, information about your relationship to your child that is satisfactory to Sponsor.

Normal Internet access and usage charges imposed by your on-line service provider will apply. The Website's database clock will be the official time keeper of this Contest. For purposes of these Official Rules (“Rules”), all times are Eastern Time. There is no limit on the number of Commercials submitted per person. All Entries become Sponsor's property and will not be returned or acknowledged. It is your sole responsibility to notify the Sponsor in writing if you change your e-mail address or mailing address (“Address”). IMPORTANT: Entrants are advised to retain a copy of their Commercial in the original format after uploading it to the Website. If you are a Winner, you will need to provide Sponsor with your Commercial in its original format in order for the Commercial to be used in any future advertising. Failure to comply may result in disqualification, and the selection of an alternate Winner.

4. ENTRY REQUIREMENTS/CLEARANCES:

(a) Commercial Must Meet YouTube Technical Requirements For Uploading. It must be color. Recommended formats include WMV, AVI, MOV, and MPG. The Commercial should not exceed 30 - 60 seconds. If any Commercial is shorter than 30 seconds or longer than 60 seconds, it may be disqualified.

(b) Content and Originality. Each Commercial must be the original work of the Entrant and Group, may not have been previously published and may not have won previous awards. Commercials must be in English. The Entrant must appear in the Commercial. Commercial may not contain any person(s) other than the Entrant and members of the Group. Commercial may not include anyone under the age of 13.

(c) Secure Authorizations from Group Members. Before entering this Contest, Entrant must receive prior written permission from other person(s) in the Group (or from their respective parent/legal guardian if person(s) featured are considered minors in their state/territory of residence) for Sponsor to use their likenesses for publicity including posting on Website; and make written copies of such permissions available to the Sponsor upon request. In addition, Entrant and Group must also receive prior written permission from the videographer of their video if the Commercial was taped by someone other than the Entrant or a member of the Group, and the videographer will be required to sign a publicity release if Commercial is selected as a prize Winner.

(d) Kmart Limited License. You may use the Kmart name and logo for purposes of this Contest only.

(e) No Infringement. The content of the Commercial must not infringe third party rights by including, for example, the copyrights, trademarks or logos (such as other company names, labels, symbols, store or building facades) music , photographs, works of art, or images that have been created, distributed, aired or published by others, such as those on or in websites, television, movies, or other media). The content of the Commercial must not violate rights of privacy, publicity rights or other intellectual property or other rights of any person or entity.

(f) No Names and Likeness Without Permission: The Commercial must not use individuals’ names, in whole or in part (except for the Entrant’s first name); refer to public figures; contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission.

(g) No Illegal, Offensive or Inappropriate Content. The Commercial must not, in the sole and unfettered judgment of the Sponsor, contain words, images or statements considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group nor any threats to any person, place, business or group, contain material that is unlawful, nor materials that promote bigotry, racisms, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. The Commercial must not, in the sole and unfettered judgment of the Sponsor, contain any materials that depict illegal acts, are sexually explicit, disparaging, libelous, obscene, violent, hateful, slanderous or other inappropriate content (such as but not limited to smoking, alcohol, fire arms, harming of animals, provocative/suggestive outfits or poses) or nudity. Content must be in keeping with Sponsor’s reputation and image, at Sponsor’s sole discretion.

(h) Obtain Third Party Releases: If the Commercial contains any material or elements that are not owned by the Entrant and Group and/or are subject to the rights of third parties, the Entrant and Group are responsible for obtaining, prior to submission of the Commercial, and in writing any and all releases and consents necessary to permit the use and exhibition of the Commercial by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Commercial

(i) Retain for your records: Retain a copy of the Commercial in the original format after uploading it to the Website.

(All of the above requirements and criteria, collectively named the “Requirements & Clearances”).

Automatic Disqualification: In the event any submission contains any material or suggests any material that, in the sole and unfettered judgment of the Sponsor, depicts illegal acts, is sexually explicit, disparaging, libelous, abusive language or other inappropriate content or nudity, is potentially infringing on third party rights, or otherwise, does not effectively pass the Requirements & Clearances, the Sponsor will immediately disqualify the Entrant.

Entrant’s Warranty and Authorization to Sponsor: By submitting a Commercial, Entrant warrants and represents that the submission has been created by the Entrant as an original work, and all required third party releases (if any) have been obtained in writing and that the Entrant consents to the submission and use of the Commercial in the Contest, and to its posting on the Internet in connection with the Contest, and that if the Entrant is under 18 years of age (or under the legal age in Entrant’s place of residence), s/he has received parental permission to enter this Contest and make this warranty.

5. RIGHT TO DISQUALIFY: The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove at any time during the Contest any Commercial that potentially or actually infringes any third party's rights, such as but not limited to, copyright(s), trademarks, privacy and/or publicity rights. Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any Commercial (or Commercial attached to an inappropriate username) that it believes contains any sexually explicit, disparaging, libelous or inappropriate content, is not suitable for publication, infringes the rights of any third party, or in any way reflects negatively upon the Sponsor or otherwise does not meet all requirements in these Official Rules. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any Commercial if it believes that the necessary Clearances have not been obtained.

6. JUDGING TO SELECT FINALISTS: All eligible Commercials received during the Submission Period will be judged from 12:00:01 am on August 18, 2008 through 11:59:59 pm on August 22, 2008 by Ventura Associates, Inc., to select 75 Preliminary Finalists (“Preliminary Finalists”). All Preliminary Finalists will be judged on August 25, 2008 by a panel of judges (“Judges”) chosen by Sponsor to select 20 finalists (“Finalists”). Commercials will be judged on the following criteria:

  • Originality and creativity of how you present apparel and merchandise in the Commercial (30%)
  • Creativity and originality of overall composition of Commercial (30%)
  • Suitability to be shown on national TV as a Commercial for Kmart (40%)

In the event of a tie, tied Commercials will be re-judged by Ventura Associates, Inc. on the criteria listed above. 20 Finalists will be posted on the Website. Finalists will be contacted via an email or message to their YouTube account and will be required to reply or respond with the full contact information (name, street address, city, state, zip code, email address and daytime phone number) for each participant in the Commercial within 5 days of notification attempt. Failure to comply may result in disqualification subject to the Sponsor’s discretion.

7. PUBLIC VOTING TO SELECT WINNERS: YouTube registrants visiting www.kmart.com/youtube will be given the opportunity to vote on 20 Finalist Commercials from 12:00:01 am on August 26, 2008 through 11:59:59 on September 1, 2008 by indicating a “Thumbs Up” or “Thumbs Down” vote for each Finalist. The Finalist Commercial with the highest number of “Thumbs Up” votes as determined by YouTube, whose decisions are final, will be the Grand Prize Winner. The next (5) five Commercials with the highest number of “Thumbs Up” votes will be deemed the First Prize Winners; the remaining (14) fourteen Commercials will be the Second Prize Winners. In the event of a tie, tied Commercials will be re-judged by Ventura Associates, Inc. on the criteria listed in Rule 6.

8. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): At each prize level, each eligible participant in a winning Group will be a prize Winner and pay his/her share of taxes, if applicable.

ONE (1) GRAND PRIZE: (Up to five (5) participants in the Commercial (“Winners”)). A guest must be a parent or legal guardian if a Winner is under twenty-one (21). Grand Prize includes: a five (5) day/four (4) night trip to New York City, NY, (“Grand Prize Trip”) for travel on Sponsor-selected dates, consisting of the following elements: [a] accommodations for up to five (5) Winners plus one (1) guest per Winner in shared corporate apartments (up to four (4) persons per apartment, including room tax) for four (4) nights; [b] if Winner’s residence is located more than two hundred fifty (250) miles from New York City, NY (“City”), round-trip coach air transportation for up to five (5) participants plus one (1) guest per Winner/participant between a Sponsor-selected major airport near Winner(s) residence (“airport of origin”) and a Sponsor-selected major airport in or near the City;[c] airport/hotel transfers; [d] $750 spending money for up to five (5) Winners; [e] $1,000 in Kmart gift cards for up to five (5) Winners; [f] one (1) Flip Video™ Ultra -The Shoot and Share Camcorder for up to five (5) Winners; [g] the opportunity for Winner(s) to meet and talk with Soho designers; [h] the opportunity for Winner(s) to be a member of the Kmart’s Teen Style panel for one (1) year; [i] the opportunity for highlights of the Commercial to be aired, at Sponsor’s sole discretion, on national TV. Approximate Retail Value (“ARV”): $4,093.99 per each Winner/guest which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. Sponsor reserves the right to edit the Commercials before posting on the Website or airing. Sponsor reserves right to disqualify Grand Prize Winners at any time if he/she or his/her guests behave in any manner disruptive of the Contest, harasses any person or otherwise engages in conduct that reflects adversely on Sponsor. A scale session fee and residuals will be payable to Winners under the terms of the Screen Actors Guild (“SAG”), only if and when the Sponsor broadcasts the Commercial on TV in whole or in part as a Kmart Commercial (“Kmart Ad”). A scale session fee covers the on-camera performance for the filming of the Kmart Ad and the residuals cover the usage of the Kmart Ad. All payments will be made under the rates, terms and conditions of the SAG Commercials Contract. The value of the appearance in the Kmart Ad is limited solely to the scale session and residual payments covered under the SAG Commercials Contract and the on-screen appearance has no additional associated value, except as otherwise defined by SAG. Winner’s image or voice may not actually appear in the final version of the Kmart Ad, at Sponsor’s sole discretion. In the event Sponsor is unable to fulfill the Kmart Ad portion of the prize for any reason, that portion of the prize will not be awarded and no substitution for that portion of the prize will be provided.

FIVE (5) FIRST PRIZES: (Up to twenty-five (25) Winners – one prize per eligible participant in a Commercial). Each First Prize includes: [a] $500 in Kmart gift cards; [b] one (1) Flip Video ™ Ultra -The Shoot and Share Camcorder. ARV: $649.99 each.

FOURTEEN (14) SECOND PRIZES: (Up to seventy (70) Winners – one prize per eligible participant in a Commercial). Each Second Prize includes: [a] $250 in Kmart gift cards and [b] one (1) Flip Video™ Ultra -The Shoot and Share Camcorder. ARV: $399.99 each.

Total ARV of all prizes: $64,719. Airline carrier and hotel regulations and conditions apply. All expenses not specifically mentioned herein are not included and are solely Winner's responsibility, including but not limited to: roundtrip transportation between Winner’s residence and the hotel if Winner resides within two hundred fifty (250) miles from the City; round-trip transportation between Winner’s residence and any airport of origin; airport luggage charges, travel and other type insurance, room service; parking fees; laundry service; food; mini-bar charges; merchandise; souvenirs; telephone calls; tips; gratuities; and service charges. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval; and Grand Prize Trip must be taken on Sponsor-selected dates or prize may be forfeited to an alternate. All travelers must travel on same dates and must possess required travel documents (valid photo I.D. or passport, as may be required) prior to departure and must agree to travel on dates specified by Sponsor; travel dates are subject to availability and booked by Sponsor. Tickets issued in conjunction with prize are not eligible for frequent flyer miles; no code share flights may be used and prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves right to substitute prizes (or components of prizes) for prizes of equal or greater values. No other substitutions or transfers of prizes permitted. Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize Winners. In the event that any portion of any prize is cancelled or postponed for any reason, Sponsor will have no obligation to award compensation in lieu thereof, and the remainder of the prize will be awarded. By accepting prize, prize Winners agree to use of their names, hometowns, likenesses, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.

9. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: All prize Winners (or their parent or legal guardian, if Winner is a minor in their state of residence) will be required to sign an Affidavit of Eligibility and Release of Liability and, where legally permitted, Publicity Releases. Guests must sign a liability release prior to trip arrangements being made. First and Second Prize Winners will be sent the prize via regular mail within 30 days of when Winners are announced. Any prize may be awarded to alternate Winner if Affidavit of Eligibility/Release of Liability is not returned within four (4) days after mailing to Winner or if prize notification or prize is returned as undeliverable. Sponsor reserves the right to conduct a background check of potential Grand Prize Winners before awarding the prize. If the check reveals any information that, in the Sponsor’s sole judgment, has engaged in any conduct that would reflect adversely on the Sponsor, Sponsor, in its sole discretion, may disqualify the Entrant(s).

10. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state, and local laws and regulations apply. Void where prohibited by law. By entering the Contest, Entrants release and hold harmless the Sponsor, YouTube, Google, Inc., Draftfcb, Ventura Associates, Inc., participating prize providers, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Promotion Entities”) against any and all claims and liability arising out of participation in the Contest or any Contest-related activity, including from Winner's use or misuse of a prize. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use/redemption of any prize. Entrant and Group agree to be bound by these Official Rules, the YouTube Terms of Use (http://www.youtube.com/t/terms), the YouTube Community Guidelines (http://www.youtube.com/t/community_guidelines) and the decisions of the Judges which are final and binding on all matters relating to this Contest. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Sponsor is not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then, subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If technical malfunctions or suspect voting irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award prizes based solely on the Finalists’ Judging scores or non-suspect votes. In the event of termination, a notice will be posted online and all eligible Commercials received prior to termination will be judged, per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY AND/OR VOTING PROCESS. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

11. GRANT OF RIGHTS: Each Entrant and Group submitting a Commercial into the Contest irrevocably assigns and transfers all rights, title and interest in the Commercial to Sponsor, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Commercial for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Each Entrant and Group gives Sponsor the right to publish, use, adapt, edit and/or modify his/her Commercial in any way, in any and all media and without consideration to Entrant or other identifiable persons depicted in the Commercial, for any purpose which Sponsor deems necessary or desirable, and each Entrant and Group irrevocably waives any and all so-called moral rights they may have herein, including without implying limitation any and all attribution and integrity rights. By entering Contest and/or accepting prize, Entrant and Group irrevocably grants permission to the Promotion Entities and their agencies to use Entrant’s and members of the Group’s names, likenesses, biographical information and Commercial, in any and all media for any purpose, including without limitation, for purposes of advertising, publicity and promotional purposes as well as in, on or in connection with the Website or the Contest, without further compensation to Entrant or Group, unless prohibited by law.

12. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Commercial, or to otherwise exploit any Commercial or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Commercial for any reason, with or without legal justification or excuse, and Entrants and Group shall not be entitled to any damages or other relief by reason thereof.

13. WINNERS’ LIST: Winners will be posted at www.kmart.com/youtube from September 19, 2008 through September 30, 2008.

14. PRIVACY POLICY: By participating in this Contest, Entrants and Group (and if a minor, their parent or legal guardian) agree to Sponsor's use of their personal information as described in the Sponsor's Privacy policy at http://www.kmart.com/shc/s/nb_10151_10104_NB_CSprivacy?adCell=AF and agrees to YouTube’s use of their personal information, as described at http://www.youtube.com/t/privacy. In addition, by participating in this Contest, Entrants and Groups (and if a minor, their parent or legal guardian) further acknowledges and agrees that they are providing their personal information to YouTube and that YouTube will then provide such personal information to Sponsor to fulfill its obligations under this Contest.

15. SPONSOR: Contest is sponsored by Sears Holdings Management Corporation, 3333 Beverly Road, Hoffman Estates, Illinois 60179 (“Sponsor”).