MyFunCards™ Halloween Caption Contest

NO PURCHASE NECESSARY TO ENTER OR WIN. PRODUCT PURCHASE WILL NOT ENHANCE CHANCES OF WINNING A PRIZE.

1. ELIGIBILITY

The MyFunCards Halloween Caption Contest (the "Contest") is offered and open only to legal residents of the 50 (fifty) United States who are at least 13 years old at the time of entry. Employees, directors and contractors of Mindspark Interactive Network, Inc. ("Sponsor"), its parents, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees, directors and contractors are not eligible. By entering, you (and your parent(s) or legal guardian(s) if you are a minor) agree to these Contest rules (the "Official Rules") and that the decisions of Sponsor are final and binding in all respects.

Void where prohibited.

2. PROMOTIONAL PERIOD

The Contest period for the MyFunCards Halloween Caption Contest begins on October 19, 2009 at 3:00 a.m. Eastern Time (ET), and ends on October 27, 2009 at 5:00:00 p.m. ET (the "Contest Period").

3. HOW TO ACCESS AND ENTER

To enter the Contest, (i) your computer must accept cookies or any successor or similar technology (whether now known or hereafter devised or discovered) that may be used by Sponsor for the purpose of entry tracking; (ii) you must be an existing member of Twitter® (to become a Twitter.com member, you must complete the free registration form on the twitter.com website and accept the Twitter.com Terms of Service); and (iii) you must access the MyFunCards.com website (the "Website"), either by having a MyFunCards/Fun Web Products toolbar installed on your computer, or by navigating to ecards.myfuncards.com, and follow the following instructions:

On the Website's homepage, click on a link for the Contest.
Once you click on a Contest link, you will be taken to the Contest webpage.
Add your original caption in the designated field and agree to/acknowledge the eligibility requirements.
Enter your Twitter Username and Password.

Once this is completed, a "tweet" will be sent to your followers indicating that you have entered the Contest. This "tweet" will read substantially as follows:

"I just entered the @Myfuncards #Halloween Caption Contest for a chance to win a $50 Amex Gift Card! http://bit.ly/44eQFk"

Each successfully "tweeted" caption will be an entry into the Contest. There is no limit on entries. The original caption entered will not appear in the "tweet" but will be stored on our servers as an entry and may appear on the contest homepage. Entries that contain offensive, harassing, threatening, abusive language or that violate the intellectual property or other proprietary right of any person or entity are invalid and inadmissible.

By entering a caption you hereby grant to Sponsor and its affiliates a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute the caption or any portion thereof, in or through any medium, whether now known or hereafter created. Sponsor shall be entitled to unrestricted use of the caption for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. None of the captions shall be subject to any obligation of confidence on the part of Sponsor and Sponsor shall not be liable for any use or disclosure of any caption. Nothing herein shall obligate Sponsor to make use of any caption, including the winning caption, such use or non-use being in Sponsor's sole and absolute discretion.

Any other attempt at Internet entry is void.

No responsibility is assumed for lost, late, incomplete, stolen, misdirected, illegible or postage due entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.

4. DRAWING

No more than five thousand (5,000) entries will be selected by random drawing from all eligible entries and will be reviewed by the MyFunCards Creative Team. From these entries a winner will be selected by the MyFunCards Creative Team to receive the Grand Prize. In the case of identical or substantially similar captions being submitted and making it to the review process, the earliest submitted identical/substantially similar caption, as recorded by our servers, will be given consideration and could potentially be the winning entry. Drawings are conducted by Sponsor whose decisions are final and binding in all respects with respect to the Contest. Winner will be notified on or about the 28th of October, 2009.

5. PRIZE/ODDS

One Grand Prize of a $50 American Express ® Gift Card. Total Actual Value $50 US Dollars.

The American Express Gift Card is subject to certain Terms of Service. Odds of winning in any Contest depend on the number of eligible entries received for that drawing. Sponsor reserves the right to substitute a prize of equal or greater value. No cash redemptions. Taxes are the sole responsibility of winner. A prize won by a minor (as minor is defined by the jurisdiction of minor's residence) will be awarded in the name of, or to, the minor's parent or legal guardian, or as may otherwise be deemed appropriate by Sponsor, in its sole judgment.

6. GENERAL CONDITIONS

Winner, and winner's parents or legal guardians if winner is a minor (both on behalf of themselves and winner) may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 7 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be in compliance with these Official Rules, or otherwise ineligible, may result in disqualification with an alternate winner selected. Where permitted by law, winner, and winner's parents or legal guardians if winner is a minor (both on behalf of themselves and winner), (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to Sponsor, and those acting pursuant to its direction or control (and confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review or approval.

Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity.

By accepting a prize a winner, and winner's parents or legal guardians if winner is a minor (both on behalf of themselves and winner), agrees that any Affidavit and/or Releases, and any grant of permission to use the winner's name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by Sponsor electronically, for example but not limited to, by email or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which was physically executed by the winner.

Further, by accepting a prize, each winner, and winner's parents or legal guardians if winner is a minor (both on behalf of themselves and winner), releases and agrees to hold harmless Sponsor, and its parents, affiliates, subsidiaries, advertising and promotion agencies and its respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related activity, or participation in this Contest.

Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest or Website; to be in violation of the Terms of Service of the Website; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. The accumulation of entries generated through robotic, automatic, macro, or like methods is also strictly prohibited. Sponsor's determination of whether a user is accumulating entries generated through automated means is in Sponsor's sole discretion.

CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest and conduct a random drawing to award the Grand Prize using all eligible non-suspect entries received as of the date on which any such action is taken or as deemed fair and appropriate by Sponsor. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://ecards.myfuncards.com.

7. LIMITATIONS OF LIABILITY

Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site (including Twitter.com and its related service), or any combination thereof.

Sponsor is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web site users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Website.

IN NO EVENT WILL SPONSOR, OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING OR PROMOTION AGENCIES OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION, ACCESS TO AND USE OF INTERNET SITE www.MYFUNCARDS.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. DISPUTES

Except where prohibited, as a condition of participating in this Contest, participant (and their parents/legal guardians if participants are minors) agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place exclusively in the State in the City of New York, County of New York. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the Twitter account submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned a Twitter account by Twitter, Inc..

9. WINNERS LIST

For name of winner, mail a self-addressed stamped envelope for receipt by November 15, 2009 to: MyFunCards Halloween Caption Contest Prize Winner c/o Mindspark Interactive Network, 1 N. Lexington Ave., 9th Floor, White Plains, NY 10601. For Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES MyFunCards Caption Contest" for receipt by October 22, 2009.

10. Sponsored by:

Mindpsark Interactive Network, Inc., 1 N. Lexington Ave., 9th Floor, White Plains, NY 10601.