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Official Rules

CLAIROL NICE 'N EASY ROOT TOUCH UP & GO SWEEPSTAKES

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 46 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, 21 YEARS OR OLDER AS OF DATE OF ENTRY. VOID IN ALASKA, HAWAII, RHODE ISLAND, MAINE, PUERTO RICO, THE U.S. VIRGIN ISLANDS/OTHER US POSSESSIONS AND TERRITORIES AND WHERE PROHIBITED BY LAW. INTERNET ACCESS AND A VALID EMAIL ADDRESS ARE REQUIRED TO ENTER THE SWEEPSTAKES.

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING

1. ELIGIBILITY/ENTRIES: You must be at least twenty-one (21) years old as of time of entry, and a legal resident of the 46 contiguous United States and District of Columbia to enter (excluding Rhode Island, Maine, Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possession). Officers, directors, agents, sales representatives, distributors, and employees (and the household members and immediate family members, e.g. children, spouse, siblings, parents and the "steps" of each of the aforementioned) Shutterfly, Inc., Triad Digital Media, LLC, The Procter & Gamble Distributing Company, LLC, Funjet Vacations, The Mark Travel Corporation, La Macchia Enterprises, Votigo, Inc., their parent companies, subsidiaries, affiliates, and their advertising, promotion and web design agencies ("Sponsor & Others"), and other individuals/entities associated with this Sweepstakes are not eligible to enter or win. Sweepstakes begins on June 1, 2010 at 12:00 A.M., E.T. and ends July 13, 2010 at 11:59:59 P.M., E.T. ("Sweepstakes Period"). Entrants agree to be bound by the terms of these Official Rules. Judges decisions are final. All federal, state and local laws apply. Void where prohibited by law.

2. HOW TO ENTER: The Clairol Nice 'N Easy Root Touch Up & Go Sweepstakes starts 06/01/10 at 12:00 A.M., E.T. and ends 07/13/10, 2010 at 11:59:59 P.M., E.T. ("Sweepstakes Period"). To enter the Sweepstakes, during the Sweepstakes Period go to www.Shutterfly.com/RootTouchUpandGo ("Sweepstakes Website") (a) CLICK on the "Enter" box on the promotional banner ad featuring Clairol Nice 'N Easy Root Touch Up; and/or (b) on the Sweepstakes website. Registrants will be required to upload on Shutterfly.com a digital photograph based on the theme featured on the sweepstakes page found at www.Shutterfly.com/RootTouchUpandGo. Registrants will have to create a Shutterfly account if they are not already Shutterfly members. There is no cost to create an account. Shutterfly's use of the uploaded photograph will be governed by Shutterfly's Terms of Use (http://www.shutterfly.com/help/terms.jsp) and Privacy Policy (http://www.shutterfly.com/help/privacy.jsp). The campaign theme will include places and things that women did after they touched up their hair with Clairol Nice 'N Easy Root Touch Up. The photograph must not be bigger than 5 MB in size and must be in one of the following formats: .gif, .jpg, or .jpeg. Your entry must be received no later than 11:59:59 P.M., E.T. on 07/13/10. You are allowed one (1) entry during the Sweepstakes Period, and each entry must have a different photograph. Photographs will not be judged and the quality of your photograph will not have any effect on your chances of winning. All entries, including attached photographs, become property of Shutterfly, Inc. and/or Procter & Gamble and will not be returned.

3. BINDING AGREEMENT: In order to enter the Sweepstakes, you must agree to these Official Rules ("Rules"). Please read these Rules prior to entry to ensure you understand and agree. You agree that submission of a photograph in the Sweepstakes constitutes agreement to these Rules. You may not submit an entry to the Sweepstakes and are not eligible to receive the prizes unless you agree to these Rules. These Rules form a binding legal agreement between you and the Sponsor with respect to the Sweepstakes.

4. RANDOM DRAWINGS: Five (5) Weekly winners (each, a "Weekly Winner") will be drawn by Triad, an independent judging agency, at random throughout the Sweepstakes Period, which is a total of six (6) weeks, for a total thirty (30) Weekly Prizes, in accordance with the dates set forth below. The Weekly Prize Winners are only eligible to win one (1) Weekly Prize.

On or about July 14, 2010, a Grand Prize Winner will be selected by Triad Digital Media LLC ("Triad"), an independent judging agency, in a random drawing conducted in accordance with these Official Rules, from among all eligible Weekly Winners drawn during the Sweepstakes Period, in accordance with the dates set forth below. Eligible Weekly Prize Winners and eligible Grand Prize Winner will be notified either by email and/or telephone. All Winners are subject to eligibility verification by Triad. Triad's and/or Sponsors' decisions shall be final in all matters pertaining to this Sweepstakes.

5. PRIZE & ODDS OF WINNING:

WEEKLY PRIZES (30): Thirty winners will be selected by Triad during the Sweepstakes Period, five (5) winners will be drawn each week during the Sweepstakes Period from all eligible entries submitted at that time, and the drawings will occur as indicated below.

  Beginning Date End Date Drawing Date
Week 1 6/1/10 - 12:00 AM ET 6/7/10 - 11:59:59 PM ET 6/8/10
Week 2 6/8/10 -12:00 AM ET 6/14/10 - 11:59:59 PM ET 6/15/10
Week 3 6/15/10 - 12:00 AM ET 6/21/10 - 11:59:59 PM ET 6/22/10
Week 4 6/22/10 - 12:00 AM ET 6/28/10 - 11:59:59 PM ET 6/29/10
Week 5 6/29/10 - 12:00 AM ET 7/6/10 - 11:59:59 PM ET 7/7/10
Week 6 7/7/10 - 12:00 AM ET 7/13/10 - 11:59:59 PM ET 7/14/10

Weekly Winners will each receive a unique promotion code to be used on Shutterfly.com allowing them to receive one (1) 12x12 custom photo book valued at $54.99 (Total ARV of all Weekly Prizes: $1650). Weekly Winners will be required to become a member of Shutterfly.com to create the book; however, there are no fees involved with becoming a member. Weekly Winners should redeem their prize on or before the expiration date noted in the code sent to them from Shutterfly.com; otherwise, the prize will be deemed expired and forfeited by Weekly Winner. Odds of being a weekly winner depend on the number of entries received. Weekly winners' odds of winning the grand prize are 1:30. Should the Prize be undeliverable or Winner(s) found not to be in compliance with these Rules or should refuse the Prize, the Prize(s) may be awarded to an alternate Winner(s) chosen at random. Prizes are non-refundable, non-transferable and not redeemable for cash. Weekly prizes may be substituted by Sponsor, at Sponsors' sole discretion, with a prize of equal or greater value. All costs and expenses not specifically included herein, e.g. accessories, etc., are solely the Weekly Winner's responsibility as are all federal, state and local taxes. Odds of winning depend on the number of eligible entries received during the drawing weeks set forth above.

GRAND PRIZE (1): The Grand Prize Winner, as selected by Triad from all eligible Weekly Winners, will receive as the Grand Prize ("Prize") one (1) vacation for two (2) people with Funjet Vacations including round-trip charter/value economy airfare for two (2) on Delta Air Lines/Funjet Vacations value flights from major domestic U.S. Funjet gateway destination city closest to winner's home, 7 night stay (one room/double occupancy) at the adults-only, all-inclusive Excellence Punta Cana, Dominican Republic, including round trip airport/hotel transfers. Resort includes food and beverages for Winner and Winner's guest while at the resort. Approximate Retail Value ("ARV"): $1250.99 per person ($2502 total). Winner's guest must be an adult 18 years of age or older.

All costs and expenses not specifically included herein, including but not limited to passenger travel taxes, transportation to and from the Funjet gateway destination city, activities not included with the package, sight-seeing, other ground transportation, gratutities etc., are solely the Winner's responsibility as are all federal, state and local taxes. Odds of being a weekly winner depend on the number of entries received. Weekly winners' odds of winning the Grand Prize are 1:30. Should the Grand Prize be undeliverable or Grand Prize Winner is found not to be in compliance with these Rules, the Grand Prize may be awarded to an alternate Winner. Government imposed per-passenger travel taxes are approximately $125 per person (subject to change depending on where Winner travels from), and are not included and are payable by Winner prior to travel. Winner is responsible to get to a Funjet Vacations' departure city, and will not be reimbursed for the travel costs associated with getting to the departure city. Travel must be taken in accordance with Funjet Vacations' guidelines, and travel dates will be valid for one (1) year from July 13, 2010. Travel may be subject to availability, not allowed over holidays, blackout dates or convention periods, all shall be subject to Funjet Vacations' sole discretion.

6. RESTRICTIONS: Prizes are non-refundable, non-transferable and not redeemable for cash. Sponsor reserves the right to substitute any prize, at its sole discretion, with a prize of equal or greater value, if unavailable for any reason. All taxes, fees and surcharges on prizes, meals, gratuities, etc are Winners' sole responsibility. Government-imposed per passenger travel taxes are approximately $125.00 per person are not included and are payable by winner prior to travel. Winner is responsible for their own transportation to the Funjet Vacations' departure city. Travel must be taken between July 31, 2010 - July 31, 2011. Confirmation will be given on a space available basis only. Once a reservation is made, no changes are permitted. No prize substitutes, except as provided herein. Winner is responsible for providing all necessary travel documentation, including passports. IMPORTANT NOTICE REGARDING NEW PASSPORT REQUIREMENTS FOR INTERNATIONAL TRAVEL: As of January 23, 2007, all international travelers must present a government issued passport for U.S. Customs re-entry after air, land or sea travel. For more information please visi the State Departments consula website www.travel.state.gov or the U.S. Department of Homeland Security's website www.dhs.gov. It is the traveler's responsibility to provide proper documentation. Married or divorced women traveling under names other than what is printed on their travel documents must supply a marriage license and/or divorce decree. Funjet Vacations will not rebook or revise any reservations if travelers do not possess a valid U.S. passport by their date of departure. Travel arrangements are subject to availability. Winner and guest will be required to sign the Funjet Vacations Bill of Rights.

7. PHOTOGRAPH: By attaching a photograph, an entrant irrevocably assigns and transfers to Sponsors all of his/her right, title and interest in the photograph and grants Sponsors the unlimited right and permission to reproduce or otherwise reuse the photograph, in its original form or as edited/modified, in any way by the Sponsor, in its sole discretion, as well as to use (or not use) it in all media worldwide without additional compensation, notice to, or approval from the entrant. A photograph may not violate the privacy, publicity, copyright, trademark or other intellectual property rights of any individual, brand, company or other entity. By attaching a photograph, an entrant represents and warrants that s/he has obtained all necessary releases of rights and that the photograph is not in violation of any privacy, publicity, copyright, trademark or other intellectual property rights.

8. RELEASE: By acceptance of a prize, the Winner(s) and Winner(s) companion release and agree to indemnify and hold harmless Sponsor & Others, from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander, false advertising, intellectual property right infringement), due in whole or in part, directly or indirectly, to participation in the Sweepstakes including attachment of any photograph, or arising out of participation in any Sweepstakes or prize related activity.

9. LIMITATIONS OF LIABILITY/ INTERNET: Sponsor & Others are not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, typographical, mechanical or electronic or for any damage to any person's computer related to participating in the Sweepstakes. Sponsor & Others are not responsible for illegible, unintelligible, late, lost or stolen entries (including photographs) or incorrect or inaccurate entry information, whether caused by Internet users or programming associated with or utilized in the promotion or by any technical, typographical or human errors which may occur in the processing of any entries in this Sweepstakes. Any entrant who attempts to participate with multiple email addresses, under multiple identities or uses any bot, robotic or other device or artifice to play multiple times, to interfere with the proper operation of this Sweepstakes or to behave in an unsportsmanlike manner, will be disqualified. Entrants found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Sweepstakes is compromised by viruses, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupt the administration, security, fairness of the Sweepstakes, Sponsor reserves the right, in its sole discretion to modify, discontinue, suspend or terminate the Sweepstakes and to select the potential Winner from among eligible entries received prior to such modification, discontinuation, suspension or termination of the Sweepstakes. Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected by Triad and used by Sponsor solely for purposes of the proper administration and fulfillment of the Sweepstakes and as stated in Sponsor's Privacy Policy at http://www.clairol.com and at http://www.shutterfly.com. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Florida. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by the U. S. District Court for the State of Florida. Should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.

10. GENERAL: By participating in the Sweepstakes, entrants agree to these Official Rules and the decisions of Triad, the independent agency administering this Sweepstakes, which are final and binding in all matters and all respects relating to this Sweepstakes. SPONSOR & OTHERS 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 IN THIS SWEEPSTAKES INCLUDING BUT NOT LIMITED TO ITS QUALITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE EXCLUDING SUCH WARRANTIES THAT MAY ACCOMPANY SPONSOR'S PRODUCT. Acceptance of the Prize constitutes the Winner's consent to the use of his/her name, biographical information, photograph and/or likeness for advertising and publicity purposes as determined by Sponsor and its designees and representatives without further compensation, except where prohibited by law. All federal, state and local laws and regulations apply. Sponsor & Others are not responsible for any lost, late, undeliverable/undelivered entries or postage due mail. Potential winners are subject to the express requirement that they submit to the Sponsor all documentation requested by the Sponsor to permit them to comply with all applicable U.S., State, and local tax reporting and withholding requirements.

11. WINNER LIST: For the name of the Weekly Winners and Grand Prize Winner, send a self-addressed stamped envelope, postmarked by 8/15/10, to: Winner List - Clairol Nice 'N Easy Root Touch Up & Go Sweepstakes, Triad Digital Media, 1410 North Westshore Blvd., Ste. 200. Tampa, FL 33607.

SPONSORs: The Procter & Gamble Distributing Company LLC, 1 P&G Plaza, Cincinnati, OH 45202 and Shutterfly, Inc., 2800 Bridge Parkway, Redwood City, California, 94065.

Clairol is a registered trademark of Procter & Gamble.

The Clairol Nice 'N Easy Root Touch Up & Go Sweepstakes Rules may not be reprinted or republished in whole or in part without the prior written consent of Triad Digital Media, LLC.

© 2010 Procter & Gamble Distributing LLC. All rights reserved.

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