Colorado Mountain Spruce Giveaway Official Rules

LIMITATIONS ON ELIGIBILITY/AVAILABILITY OF SWEEPSTAKES: This sweepstakes is void where prohibited by applicable law. No purchase is necessary to participate in the Sweepstakes. Purchase will not improve your chances of winning. All online entries must include entrant's name and valid email address. The Sweepstakes will begin at approximately 12:01am, November 10, 2009, and entries must be date stamped by our server no later than December 10, 2009, at 11:59pm (PST). The first and last name provided by online entrants will be the identity of the entrant and, if selected for a prize, the identity of the winner. No copies, facsimiles or mechanical reproductions of entries will be accepted. We expressly reserve the right to disqualify any entries that we believe in good-faith are generated by a so-called spam or automated e-mail program or via scripts and automated submission. By participating, all entrants agree to abide by these Official Rules.

PRIZE: Balsam Hill will award one (1) 7.5' Colorado Mountain Spruce to a randomly selected participant in the Giveaway. The winner will be selected on December 10, 2009 after the giveaway entry period concludes. The value of the prize awarded in this giveaway is $799. Entries and prizes are nontransferable. All prizes will be awarded. No substitutions (including for cash) are permitted, except that the Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize. Winners shall be responsible and liable for all federal, state and local taxes on the value of their prize. To receive a complete list of winners or a copy of the Official Sweepstakes Rules, send a self-addressed stamped envelope to Prize Fulfillment, Balsam Hill, 50 Woodside Plaza, Suite 111, Redwood City, CA 94061. Specify winner's list or rules on your request. WA and VT residents may omit return postage.

ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the 50 United States and the District of Columbia age 18 or older. Winners will be required to sign an Affidavit of Eligibility as a condition to the delivery of the applicable prize. Employees of Balsam Hill Christmas Tree Co., its affiliates, subsidiaries, advertising and promotion agencies and family members (spouse, parents, children and siblings and their spouses) and individuals living in the same household of such employees are ineligible. This offer is void wherever prohibited, and is subject to all federal, state and local laws. By participating, entrants agree to these official rules. Balsam Hill may report, as required by applicable statute or regulation, the value of the prizes and the identity of the winners, to appropriate taxing authorities. An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these official rules, as determined in the sole discretion of Balsam Hill.

HOW TO ENTER: To enter, you must submit all required information asked on the entry form. By registering for the Sweepstakes you will be agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by Balsam Hill in accordance with our Privacy Policy (http://www.balsamhill.com/terms_privacy.asp) and that you automatically opt-in to receive promotional email from Balsam Hill. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email or by contacting Balsam Hill directly. To enter by mail, hand-print your name, address, city, state, zip code, day and evening phone numbers, and the words "Balsam Hill Colorado Mountain Spruce Giveaway" on a 3" x 5" card and mail in a stamped #10 envelope to: Balsam Hill Mountain Spruce Giveaway, 50 Woodside Plaza, Suite 111, Redwood City, CA 94061. For each drawing, mail-in entries must be received by the end of the week prior to the drawing in order to be eligible. Balsam Hill reserves the right to disqualify any winner whose winning entry appears to Balsam Hill to have been the result of mechanical reproduction or other violation of these official rules.

WINNER SELECTION: The winner will be selected via random drawings from all eligible entries, by an authorized representative of Balsam Hill Christmas Tree Co. within 2 days after the Sweepstakes entry deadline listed above. All decisions are final in all matters relating to this giveaway. Odds of winning are dependent upon number of entries received. The winners will be notified by email. Winners must claim their prize within three (3) business days after the date of notification of such prize. A Sweepstakes winner's failure to respond to the prize notification within the specified three (3) business days will be considered such Sweepstakes winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Except as specifically provided herein, the prizes are guaranteed to be awarded. There is a limit of one entry per person and/or per family or household. Duplicate entries will be void. All entrants agree to abide by these Official Sweepstakes Rules. All entries become the property of Balsam Hill and will not be returned. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered services will be rejected and result in the disqualification of the entrant from the giveaway. All drawings will be conducted under the supervision of Balsam Hill. The decisions of Balsam Hill are final and binding in all matters relating to this Sweepstakes.

PRIZE RESTRICTIONS: No substitution or transfer of prizes permitted except at sole discretion of Balsam Hill Christmas Tree Co. By accepting a prize each winner agrees to the release of his or her name and/or likeness for potential publicity purposes, where permitted by law.

LIMITATION OF LIABILITY: Balsam Hill shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the sweepstakes entry form, 2) entries, and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Sweepstakes.

By participating in this giveaway and accepting a prize, each winner agrees that Balsam Hill and its affiliates, agents and promotion agencies shall not be liable for any and all losses, damages, rights, claims, and actions of any kind in connection with the giveaway or resulting from the winner's participation in the giveaway, acceptance, possession, use, or misuse, of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, privacy or defamation.

Balsam Hill reserves the right to cancel or modify the giveaway if fraud or technical failures compromise the integrity of giveaway as determined by Balsam Hill in its sole discretion. Balsam Hill reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process or otherwise violates any of the rules of the giveaway.

GENERAL CONDITIONS AND RELEASES: Unless prohibited by applicable law, entry constitutes permission to use an entrant's name and testimonials in all media, in perpetuity, in any manner Balsam Hill deems appropriate for publicity purposes without any further compensation to such entrant. By entering or accepting a prize in the Sweepstakes, winners agree to be bound by these Official Sweepstakes Rules and to conform to all federal, state and local laws and regulations. When applicable, the winner will be required to execute and return to Balsam Hill within five (5) business days an Affidavit of Eligibility and Liability/Publicity Release to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive prize.

By entering, an entrant agrees to release and hold harmless Balsam Hill and its affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively Claims) that may arise from their acceptance, possession and/or use of any prize or their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. This Sweepstakes shall be governed by California law. By participating in this sweepstakes, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes.