MerryGiving.com Holiday Sweepstakes

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED. Sweepstakes begins at approximately 12:00:01 a.m. Central Time ("CT") October 13, 2009 and is scheduled to end at 11:59:59 p.m. CT on December 31, 2009 (the "Sweepstakes Period"). This Sweepstakes is intended solely for viewing and participation in the United States and shall be construed and evaluated solely under United States federal, state and local laws. Do not enter the Sweepstakes website if you are not located in the United States or District of Columbia.

Who may participate: MerryGiving.com Holiday Sweepstakes (the "Sweepstakes") is open to legal residents of the 50 United States and the District of Columbia and who are 21 years of age and older at the time of entry. Employees, officers, and directors of General Growth Management, Inc. ("Sponsor"), and its subsidiaries, affiliated companies, advertising and promotional agencies and all other companies associated with this Sweepstakes ("Sponsors and its Agents"), their respective employees, officers, directors and agents, and their immediate families (including parents, in-laws, siblings, children or spouses, regardless of where they live) and members of the same household (collectively, "Released Entities"), whether related or not, are not eligible to participate.

How to enter: During the Sweepstakes Period visit MerryGiving.com and accurately complete the online registration form with your name, address, city, state, zip code, phone number, e-mail address and date of birth and click "submit" to enter the Sweepstakes. Limit one (1) entry per person and only one entry per email address. Entries submitted with an email address which Sponsor has already received will be discarded. Persons are prohibited from participating in the Sweepstakes with multiple e-mail addresses. All Sweepstakes entries must be received by 11:59:59 p.m. CT on December 31, 2009. Sponsor's clock shall be the official time clock of the Sweepstakes. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned, and no correspondence will be entered into.

Drawing/Odds of winning: Winners will be selected in a random drawing on or about January 5, 2010 from among all eligible entries received. Drawing will be conducted by independent judges ("Judges"). Judges decisions shall be final. Odds of winning are dependent upon the total number of eligible entries received.

Prizes/Claiming Prizes: Total approximate retail value ("ARV") of all prizes in this Sweepstakes: $5,300 US. Prize details and availability are subject to change, in which case a prize of equal or greater value will be substituted at Sponsor's sole discretion. Under no circumstances will Sponsor award more prizes than are listed in these official rules. Unclaimed prizes will not be awarded. All properly claimed prizes will be awarded. Prize is non-transferable and no cash redemption or substitution will be allowed, except at Sponsor's sole discretion.

Grand Prize: The Grand Prize Winner will receive a customized, ultimate Martha Stewart Living® magazine party ("Ultimate Party") provided and planned by Martha Stewart Living Omnimedia Inc. ("MSLO" or "Prize Provider"), with scheduling decided by MSLO in its sole discretion. MSLO is solely a prize provider. MSLO is not a sponsor and is not involved in any way with the administration of this Sweepstakes, the selection of winners or the awarding of prizes.

The Ultimate Party consists of: one (1) buffet-style meal at an MSLO pre-selected restaurant or served by a licensed caterer at a venue approved by MLSO (venue will be near the Grand Prize Winner's residence), with the menu consisting of meals prepared using MSLO recipes; one (1) signature MSLO beverage; assorted party decorations as seen in Martha Stewart Living® magazine; email invitations prepared by MLSO and the Grand Prize Winner using the online invitation provider ping; an 18% gratuity for service personnel for food and beverage service. Total approximate retail value of Grand Prize is $5,000 US. In the event the prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value.

The verified Grand Prize Winner will be able to invite up to thirty (30) guests for a three hour time period during which the Ultimate Party will be held. MSLO will work with the Grand Prize Winner to select a mutually agreeable date on which to host the Ultimate Party. The Ultimate Party prize must be redeemed by June 1, 2010.

Guest list, including name and age, must be submitted to Sponsor or its Agents and MSLO prior to event date. Guests of the Grand Prize Winner will be asked to sign an Affidavit of Eligibility, Liability and Publicity Release prior to attending the Ultimate Party. Transportation to or from the Ultimate Party is the responsibility and liability of each guest. All other expenses not specifically listed herein are the responsibility of Grand Prize Winner. Grand Prize Winner and guests agree to indemnify and hold harmless Sponsor and its affiliates, as well as MSLO, its subsidiaries and affiliates, and the officers, directors and employees of each, from and against any and all loss, injury and/or damages now and in the future as a result of Grand Prize Winner's and/or guest's acceptance, use, or misuse of the Grand Prize. Sponsor reserves the right to request additional information or to verify identity or other applicable information about a potential winner before awarding Grand Prize. After the schedule and details of the Ultimate Party have been finalized, these arrangements cannot be altered by the Grand Prize Winner and failure of the Winner or guests to comply with the schedule and arrangements shall not obligate Sponsor or its Agents to provide the Grand Prize Winner or guests with alternate arrangements.

Ultimate Party Prize Conduct: The Grand Prize Winner and Ultimate Party Guests are obligated to conduct themselves appropriately and comply with the rules of conduct and limitations on actions as imposed by the restaurateur or licensed caterer hired to host or cater the Ultimate Party. The restaurateur or licensed caterer, whose decisions are binding and final, have the authority to remove any Guest or Grand Prize Winner engaged in lewd, dangerous, unhealthy, unsafe, inappropriate, or disruptive or illegal actions.

Claiming Grand Prize: Sponsor will attempt to notify the potential Grand Prize winner via phone and/or mail within 7 business days from the drawing date. In the event of noncompliance with these Official Rules, or if the potential Grand Prize winner cannot be reached at the phone or mailing address on his/her entry, or if notification is returned as undeliverable after 14 days of notification, prize will be forfeited and an alternate winner will be selected from all eligible entries received via random drawing. Potential Grand Prize winner will be required to complete and return an Affidavit of Eligibility, Liability and Publicity Release within 14 days after receipt of such forms. (If potential Grand Prize winner is a resident of TN, he/she does not need to submit the Publicity Release.) In the event of noncompliance with these Official Rules, or if the Grand Prize winner does not fulfill the eligibility requirements, or if the potential Grand Prize winner cannot be contacted at the phone or mailing address on his/her entry, or if notification is returned as undeliverable, prize will be forfeited and an alternate winner will be selected from all eligible entries received.

1st, 2nd and 3rd Place Prizes:

1st Place Prize: One Martha Stewart Gift basket, with pre-selected items for cooking from The Martha Stewart Collection at Macy's, including a Martha Stewart cookbook: ARV $100.
2nd Place Prize: One Martha Stewart Gift basket, with pre-selected items for cooking from The Martha Stewart Collection at Macy's, including a Martha Stewart cookbook: ARV $100.
3rd Place Prize: One Martha Stewart Gift basket, with pre-selected items for cooking from The Martha Stewart Collection at Macy's, including a Martha Stewart cookbook: ARV $100.

Claiming 1st, 2nd and 3rd Place Prizes: Sponsor will attempt to notify the potential prize winners via phone and/or mail within 7 business days from the drawing date. In the event of noncompliance with these Official Rules, or if the potential winners cannot be reached at the phone or mailing address on his/her entry, or if notification is returned as undeliverable after 14 days of notification, prize will be forfeited and an alternate winner will be selected from all eligible entries received via random drawing. Sponsor will deliver the 1st, 2nd and 3rd Place Prizes via US mail to any address in the United States free of charge. Sponsor not responsible for loss, delay, or damages in shipping.

Limitations of Liability: Sponsor, its Affiliates and their respective agencies are not responsible for interrupted or unavailable network errors, server or other connections, miscommunications, failed telephone or computer hardware or software or other technical failures, unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information, regardless of cause. Sponsor, its Affiliates and their respective agencies are not responsible for any damage to any entrant's or third party's computer or mobile phone or its contents, regardless of cause. Any use of robotic, script, macro, automatic, mechanical programmed or like entry methods will void all entries affected by such methods and be deemed tampering with the Sweepstakes. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom Sponsor reasonably believes to be causing fraud or disruption, will be disqualified, and those entries voided. Entry material/data that has been tampered with or altered is void. In the event of a dispute regarding the identity of an online winner, the winner will be determined to be the party who established the e-mail account. Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify the Sweepstakes if it becomes corrupted in any manner such that it cannot be conducted as originally planned and in such event, to select winner by random drawing from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. A notice of termination or suspension will be posted at MerryGiving.com. Entries void if incomplete, defective, altered, forged, obtained outside authorized channels or otherwise not in compliance with these Official Rules. Any attempt by any person to deliberately damage or undermine the legitimate operation of the Sweepstakes is in violation of criminal and civil laws and if such an attempt is made, Sponsor reserves the right to seek remedies and damages from any such person to the fullest extent permitted by law, including criminal prosecution. Sweepstakes shall be governed solely according to U.S. law.

Liability & Release: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor and its Agents, Prize Provider and the Released Entities, from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or entrants receipt, acceptance, use &/or enjoyment of any prize. In no event shall the Sponsor and its Agents, Prize Provider or the Released Entities be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and its Agents, Prize Provider and Released Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor and its Agents, Prize Provider and Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of Prize Winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor and its Agents, Prize Provider, or Released Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's and its Agent's, Prize Provider's or Released Entities' control (each a "Force Majeure" event) the Sponsor and its Agents, Prize Provider and Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor and its Agents, Prize Provider or Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and its Agents, Prize Provider and Released Entities reserve the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. Sponsor will use its best efforts to provide notice of termination online in the event a Force Majeure incident causes early termination of the Sweepstakes.

Sponsor and Prize Provider Release: Grand Prize Winner agrees to release Sponsor and MSLO, their subsidiaries and affiliates, and the officers, directors and employees of each (the "Sponsor & MSLO Entities") from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize hereunder, including without limitation claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Grand Prize Winner acknowledges that the Sponsor & MSLO have neither made nor are 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 or fitness for a particular purpose.

Terms: By entering, entrants agree to: (i) be contacted by the Sponsor, or Sponsor and its Agents, via e-mail, mail, or phone; (ii) agree to be bound by the Official Rules and the decisions of the judge whose decisions are final, and (iii) release the Sponsor & MSLO Entities from all liability, injuries, loss and/or damage of any kind arising from their participation in the Sweepstakes and the acceptance and use/misuse of any prize. Additionally, Entrants agree that General Growth Management, Inc., MSLO, their agencies and each of their respective parent companies, affiliates, subsidiaries, directors, officers, agents, vendors and employees (collectively "Released Parties") shall not be liable for damages, losses or injuries resulting from participation in this sweepstakes, promotion, or usage of the prizes.

Grand Prize Winner and unverified winner(s) agree that: (i) by accepting a prize, winner consents to the use of his/her names, voices, pictures, and likeness for advertising and promotional purposes without additional compensation in all media (except if winner is a resident of TN or where otherwise prohibited by law), including but not limited to MSLO's advertising and promotional purposes, in any medium throughout the world in perpetuity without additional compensation unless prohibited by law; (ii) sweepstakes is subject to all applicable federal, state and local laws and regulations and Grand Prize Winner is responsible for all federal, state and local taxes applicable to the acceptance and use of his/her prize. If the prize is $600.00 or higher a 1099 tax form will be issued in the winner's name for the ARV.

Winners List: To receive the winner list, send a self-addressed, stamped, #10 envelope to: GGP Holiday Sweepstakes Winners List, Attn: D. Lato, 7930 Clayton Road, Suite 400, St. Louis, MO 63117. Requests must be received by January 5, 2010.

Administrator: Momentum, 7930 Clayton Road, Suite 400, Saint Louis, Missouri, 63117.

Sponsor: General Growth Management, Inc., 110 North Wacker Drive, Chicago, Illinois, 60606.