Art.com - $5,000 Art Giveaway - Official Rules

Eligibility

Art.com's "$5,000 Art Giveaway" (the "Promotion") is open only to legal residents of the fifty United States (including District of Columbia) who are at least 18 years old as of the beginning of the Entry Period. Employees of Art.com, Inc., and its affiliated companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. No purchase necessary to enter. Subject to all applicable federal, state and local laws and regulations. This Promotion is void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Art.com's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Prizes

One grand prize winner will receive a $2,500.00 Art.com gift certificate redeemable as cash for any merchandise offered on the Art.com website. Twenty-five winners will each receive a $100.00 Art.com gift certificate redeemable as cash for any merchandise offered on the Art.com website. Gift certificates will be awarded in the following quantities for the following values:

Total approximate retail value ("ARV") of all prizes: $5,000. Odds of winning a prize depends on the number of eligible entries received, and the number of referral entries received (see "Increase Your Chances of Winning"), during the Entry Period.

Gift certificates are not redeemable for cash. Prices posted on the Art.com website do not include taxes, shipping or handling charges, which may be paid for out of the value of the gift certificate. Art.com is under no obligation to replace any lost, mutilated, or stolen gift certificates. Prizes will be subject to all U.S. taxes and withholdings. All federal, state and local taxes, if any, and all other costs and expenses associated with acceptance or use of the prize, are the sole responsibility of the prize winner.

Sweepstakes Entry Period

The Promotion begins on November 25, 2008 at 12:00 a.m. Eastern Time and ends on May 22, 2009 at 11:59 p.m. Eastern Time (the "Entry Period").

How to Enter

To enter, complete the required fields on the registration web page and click on the "Submit Your Entry" button. All entries must be received during the Entry Period.

Increase Your Chances of Winning

By clicking on the "Tell a Friend" button on the sweepstakes registration confirmation page you can forward an invitation to register for the Promotion to your friends and family. You will receive an additional sweepstakes entry for each of your contacts who registers via the link they receive in the email.

Selection of Winners

The Grand Prize winner will be selected on or around June 3, 2009. Weekly winners will be selected on the last Monday of every month: Monday, December 29, 2008, and Mondays, January 26, February 23, March 30, April 27, May 25, 2009. Winners will be selected by Art.com at random from all eligible entries. Art.com's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.

Potential winners will be notified by email at the email address provided by them. All potential winners are subject to verification by Art.com, whose decisions are final and binding. A potential winner is not a winner of any prize unless and until such potential winner's eligibility has been verified and Art.com has notified such potential winner of such verification.

Verification of Potential Winners

Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be required to sign and return, within five days of the date notice is sent, an affidavit of eligibility and liability/publicity release and applicable tax reporting forms in order to claim his or her prize. If a potential winner of any prize cannot be contacted or fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, he or she forfeits the prize. In the event that a potential winner is disqualified for any reason, Art.com will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be up to three alternate drawings for each prize, after which the prize will remain un-awarded.

Release

By receipt of any prize, winner agrees to release and hold harmless Art.com and its subsidiaries, affiliates, suppliers, distributors, 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 Promotion or receipt or use or misuse of any prize and further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Except where prohibited, participation in the Promotion constitutes winner's consent to Art.com's use of winner's name, likeness, photograph, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions

By entering the Promotion, you agree to be bound by these Official Rules. You may only submit one entry per valid personal email address. Multiple participants are not permitted to share the same email address. Art.com is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. Art.com will not accept submissions from wireless domains, blacklist domains, or any email address it deems to be potentially harmful to its website.

In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the registrant. 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 may be required to show proof of being the authorized account holder.

Art.com reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Art.com's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Art.com in its sole discretion. Art.com reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Art.com reserves the right to seek damages from any such person to the fullest extent permitted by law. Art.com's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to security failures or malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion or a future promotion. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Art.com reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

Disputes

Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion 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 Northern District of California (Alameda County) or the appropriate California State Court located in Alameda County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Art.com in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Privacy Policy

Information collected from entrants is subject to Art.com's Privacy Policy. If you are no longer interested in receiving email announcements and other marketing information from us, please click on the "unsubscribe" link in the email you received regarding the Promotion.

Promotion Results

Promotion results will be posted on our website. Alternatively, for Promotion results by mail, send a hand-printed, self-addressed, stamped envelope to "Art.com $5000 Art Giveaway Winners", Art.com, Inc., 2100 Powell Street, 13th Floor, Emeryville, CA 94608. Requests for Promotion results must be received by June 15, 2009.