Sears Project Holiday Contest - 2008 Official Rules

The Sears Project Holiday^TM Contest (the "Contest") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. Excludes Puerto Rico. Employees of Sears Holdings Corporation, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Sponsor: Sears, Roebuck & Co., 3333 Beverly Rd., Hoffman Estates, IL 60179.
Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

The Contest begins on November 21, 2008 at 7:00 p.m. Central Time ("CT"), ends on February 12, 2009 at 6:59 p.m. CT (the "Contest Period") and consists of three (3) phases as set forth in the chart below.

Sponsor's computer is the official time-keeping device for the Contest.

During the Submission Phase, visit http://www.managemyhome.com/mmh/projects/Featured/Holiday_contest_2008 and follow the links and instructions to create or log in to your Sears "Manage My Home" account (the "Account"). Once logged into your Account, visit the "Project Center" and follow the links and instructions to learn about a featured project and register for the Contest.Complete the registration, including a valid email address. After registering, follow the instructions to submit a minimum of one (1) and maximum of twelve (12) photos, videos or any combination thereof of your holiday project, a one thousand (1,000) character or fewer description of each photo or video and a one-hundred (100) character or fewer title of each photo or video in order to receive one (1) entry into the Contest (the "Submission"). By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:
If a photo, the Submission must be in .jpg, .gif, .jpeg, .png, or .bmp format;
If a video, the Submission must be in avi, .wmv, .mpg, .mpeg, mov, .rm, 3gp, .3gp2, .flv, .mp4, .dv format;
If a video, the Submission must less than 10 MB in size;
The Submission must contain a caption and description;
The Submission's caption and description must be in English; and
The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.

Content Restrictions:
The Submission 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 Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
The Submission must not contain brand names or trademarks other than Sponsor's mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
The Submission must not contain text, footage, images or artwork not created by entrant;
The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission 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 Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

For All Submissions: Submissions generated by script, macro or other automated means are void. The person who creates the Account will be deemed to be the entrant. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. In the event there is a conflict between the "Manage My Home" Terms and Conditions and these Official Rules with regard to this Contest, these Official Rules shall prevail. All Submissions will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. UPLOADING A SUBMISSION IN THIS CONTEST CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE SUBMISSION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void

In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to create the applicable Account will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.

If you believe that a Submission violates the Guidelines and Restrictions as set forth in Section 5, or if you are a copyright owner or agent of a copyright owner who believes that a Submission contains content that infringes upon one (1) or more of your copyrights, you may submit a notification by providing Sponsor's agent with the following information in writing:

Your physical or electronic signature, or the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the material that is in violation of the Guidelines and Restrictions or the copyrighted work claimed to have been infringed ("Infringing Material"), or, if multiple Submissions include Infringing Material, a representative list of such works in the Submission;
Information reasonably sufficient to permit the Sponsor or it's agent to contact you, including an email address, home mailing address and telephone number;
A statement that you have a good faith belief that use of the Infringing Material is in violation of the Guidelines and Restrictions and/or is not authorized by the copyright owner, its agent, and/or the law; and
A statement that the information provided in your notification is accurate under penalty of perjury.
You should send notifications of alleged Infringing Material to: Sears Holdings Corporation, ATTN: Manage My Home Project Holiday Contest Administrator, 2 North State Street 4th Floor, Chicago, IL 60601. Sponsor, in its sole discretion and in accordance with the Digital Millennium Copyright Act (in the case of alleged copyright infringement), will determine whether to remove the Infringing Content and disqualify the entrant who posted the infringing content from the Contest. The entrant who posted the infringing content will be notified of the removal, and will have ten (10) days from the date notice or attempted notice is sent to respond to such notification with a written statement as to why the content should be re-posted and he/she should be re-entered into the Contest.

Winners will be determined according to the process set forth below.

(a) Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the ten (10) highest scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):
Creativity (33%);
Quality (33%); and
Fit to Contest Theme (34%)
In the event of a tie, the entrant whose Submission received the highest score in the Fit to Contest Theme category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than ten (10) Submissions, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

(b) Voting Phase: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting at http://www.managemyhome.com/mmh/projects?tab=contest_project&view=grouped#contest_project. Persons who meet the eligibility criteria as set forth in Section 1 and who have an Account with Sears "Manage My Home" will be invited to vote for the Submission they believe is best. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received within the same day from any person or email address after the first vote received from that person or email address will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist's compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. The Finalist whose Submission receives the second highest number of valid votes during the Voting Phase will be deemed the potential Honorable Mention Prize winner. The remaining Finalists will be deemed potential Runner-Up Prize winners. In the event of a tie, the entrant whose Submission received the highest score in the Fit to Contest Theme category, as determined by the qualified judges in their sole discretion, will be deemed the potential Grand Prize winner. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate potential Grand Prize winner should the voting appear to have been tampered with or manipulated in any way.

For the Voting Phase: Multiple voters are not permitted to share the same email address or Account. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, Accounts, identities or any other method will void that voter's Submission(s) (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

Potential winners will be notified by mail, email or phone on or around February 23, 2009. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor's sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Prizes will be fulfilled approximately eight (8) to ten (10) weeks after the conclusion of the Contest.

ONE (1) GRAND PRIZE: A $10,000 Sears gift card and a SAMSUNG 8.2 Megapixel digital camera. Approximate Retail Value ("ARV"): $10,129.

ONE (1) HONORABLE MENTION PRIZE: A $1,500 Sears gift card, a SAMSUNG 46" class HDTV and a SAMSUNG 8.2 Megapixel digital camera. ARV: $3,828.

EIGHT (8) RUNNER-UP PRIZES: A $500 Sears gift card and a SAMSUNG 8.2 Megapixel digital camera. ARV: $629.

For All Gift Cards: Terms and conditions of respective gift card apply.

For All Electronic Items: The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.

For All Prizes: Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. All winners will be required to file a 1099 form for the value of the prize received at the end of the taxable year. Limit: One (1) prize per person. All prize details are at Sponsor's sole discretion.

By participating, entrant agrees to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. 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, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

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 United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

Information collected from entrant is subject to ePrize, LLC's Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor's Privacy Policy (http://www.managemyhome.com/mmh/dhtml/Privacy.html).

Winner List requests will only be accepted after the promotion end date (listed above) and no later than June 23, 2009. For the Winner List, send an email with subject line: "Sears Project Holiday^TM Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.