Eskimo
Joe Design Contest

Official Rules

1.
Eligibility: The Eskimo Joe Design Contest (the “Contest”)
is open only to legal residents of fifty (50) United States or the District of
Columbia who are eighteen (18) years of age or older. Employees of imeem, Inc. or other companies
associated with the promotion of the Contest, as well as the immediate family
(spouse, parents, siblings, and children) and household members of each such employee
are not eligible. The Contest is subject
to federal, state, and local laws and regulations and is void where
prohibited.

2.
Sponsor: The Contest is sponsored by imeem, Inc., 650
4th Street, Box 155, San Francisco, CA 94107 (the “Sponsor”).

3.
Agreement to Official Rules: Participation in the Contest constitutes
entrant’s full and unconditional agreement to and acceptance of these Official
Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling
all requirements set forth herein.

4.
Entry Period: The Contest begins on September 19, 2007 at 12:00pm
PT and ends on November 5, 2007 at 12:00pm PT (the “Entry Period”). Entries that are submitted before or after
the Entry Period will be disqualified.

5.
Create an
Entry: You must be registered with imeem.com. If you are not already registered, visit
imeem.com to register for free. To
enter, you must create an original design for the cover of a digital single. The design must be inspired by the music of
Eskimo Joe. To enter, upload your
finished design to the photos section on the Eskimo Joe group page located at http://Eskimojoefans.imeem.com the “Website”).Your
submission will constitute one (1) Entry.
The Entry must meet each of the following requirements:

a.
Must be your own design. The design must be in some way inspired by a
song from the new Eskimo Joe album. The
designs must be uploaded to the photos section of the group page in order to be
considered as an entry.

b.
The Entry may not contain any trademarks, logos, or
copyrighted elements other than elements owned by the entrant. Any elements that appear in the Entry,
including without limitation, images, music, audio, speech, or other audiovisual
materials used must be entirely original, created and performed by the entrant,
or be in the public domain. Use of any
elements that are not original or in the public domain will result in
disqualification of the Entry, in the Sponsor’s sole discretion.

c.
The Entry may not be obscene or indecent, it must not
contain defamatory statements, it must not include threats to any person,
place, business, or group, and it must not invade privacy rights or any other
rights of any person, business, or group.

6.
Submit your
Entry: Once you have created
an Entry that meets each of the requirements set forth above, visit the Website,
fill out the required information, and follow the instructions to submit your
Entry. There is a limit of one (1)
submission per person. Entries may not
be submitted by a group of more then one (1) person.

7.
Entrant’s Warranties and Representations: By submitting an Entry, each entrant warrants
and represents that the Entry (a) is original to the entrant, (b) does not
infringe the intellectual property, privacy, publicity, or any other rights of
any third party, (c) does not violate any law or regulation, (d) has not
previously been entered in any other contest, and (e) has not been previously
published in any medium. Moreover, the
Entrant warrants and represents that he/she owns all rights to his/her Entry
and is able to grant the rights to the Sponsor described in the “Sponsor’s
Rights to Entries” section below.

8.
Sponsor’s
Rights to Entries: By
submitting a Entry, each entrant:

a.
Irrevocably grants to the Sponsor, its agents, licensees,
and assigns the unconditional and perpetual right and permission to copyright,
reproduce, encode, store, copy, transmit, publish, post, broadcast, display,
publicly perform, adapt, modify, create derivative works of, exhibit, and
otherwise use the Entry (with or without using the entrant’s name) in any media
throughout the world for any purpose, without limitation, and without
additional review, compensation, or approval from the entrant or any other
party.

b.
Forever waives any rights of copyrights, trademark
rights, privacy rights, and any other legal or moral rights that may preclude
the Sponsor’s use of the entrant’s Entry, or require the entrant’s permission
for the Sponsor to use the Entry.

c.
Agrees not to instigate, support, maintain, or
authorize any action, claim, or lawsuit against the Sponsor on the grounds that
any use of the Entry, or any derivative works, infringes any of the entrant’s
rights as creator of the Entry, including, without limitation, copyrights,
trademark rights, and moral rights.

9.
Selection of Winner: From approximately October 19, 2007 to October
25, 2007, Website visitors will have the opportunity to rate each entry on a
scale of 1 to 5 stars. On or about
October 25, 2007, a panel of judges selected by the Sponsor will evaluate the
top five (5) Entries as determined by the public voting according to the
ratings and select the potential winner on the basis of the ratings and
creativity as determined by the judges (each criteria will be weighed equally). The decisions of the Judges are final. The
odds of winning depend on the relative performance of all entrants and the
number of eligible entries received. The
Sponsor will attempt to notify the potential winner within five (5) days of
selection.

10.
Requirements of a Potential Winner: Except
where prohibited, a potential winner will be required to sign and return an
affidavit of eligibility, a liability/publicity release. In addition, a potential winner may be
required to sign a release in which he/she irrevocably assigns and transfers to
the Sponsor any and all rights, title and interest in Entry, including, without
limitation, all copyrights and trademark rights, and waives all moral rights in
the Entry. Documents must be signed,
notarized, and returned to the Sponsor within seven (7) days of being
notified. If a potential winner is a
minor, his/her parent or legal guardian must sign the required documents on the
entrant’s behalf. If a potential winner
fails to sign and return the required documents within the required time period
or is otherwise ineligible to receive the prize, an alternate entrant may be
selected in his/her place according to the selection procedures set forth above.

11.
Prize: The winning design
will be used as the cover of a digital single for the song that you choose and
will be available for purchase on itunes.
Any prize details not specified above will be determined by the Sponsor
in its sole discretion. Prizes are not
transferable or refundable and must be accepted as awarded. No cash or other substitution may be made,
except by the Sponsor, who reserves the right to substitute a prize (or
component thereof) with another prize (or component thereof) of equal or
greater value if the prize is not available for any reason as determined by the
Sponsor in its sole discretion. The
winner is responsible for any and all other costs and expenses not listed
above. Prizes may be reported as income
to a winner and the winner will be responsible for all taxes associated with
the receipt of a prize.

12.
Privacy and Publicity: All
information submitted by entrants in the Contest will be treated according to
the imeem Privacy Policy. Except
where prohibited, participation in the Contest constitutes an entrant’s consent
to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical
information, and state of residence for promotional purposes in any media
without further payment or consideration.

13.
General Conditions: In the event that the operation, security, or
administration of the Contest is impaired in any way for any reason, including,
but not limited to fraud, virus, or other technical problem, the Sponsor may,
in its sole discretion, either (a) suspend the Contest to address the
impairment and then resume the Contest in a manner that best conforms to the
spirit of these Official Rules or (b) award the prizes at random from among the
eligible entries received up to the time of the impairment. The Sponsor 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 Contest or to be acting in violation of these
Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the
legitimate operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, the Sponsor reserves the right to
seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision
of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online
entry, the authorized account holder of the e-mail address used to enter will
be deemed to be the participant. The
“authorized account holder” is the natural person who is assigned to an e-mail
address by an Internet access provider, online service provider, or other
organization responsible for assigning e-mail addresses for the domain
associated with the submitted e-mail address.

14.
Release and Limitations of Liability: By participating in the Contest, entrants
agree to release and hold harmless the Sponsor, its officers, directors,
employees, and agents (the “Released Parties”) from and against any claim or
cause of action arising out of participation in the Contest or receipt or use
of any prize, including, but not limited to: (a) any technical errors that may
prevent an entrant from submitting an entry; (b) unauthorized human
intervention in the Contest; (c) printing errors; (d) lost, late, postage-due,
misdirected, or undeliverable mail; (e) errors in the administration of the
Contest or the processing of entries; or (f) injury, death, or damage to
persons or property which may be caused, directly or indirectly, in whole or in
part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of
action, the Released Parties’ liability will be limited to the
cost of entering and participating in the Contest, and in
no event shall the Released Parties 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.

15.
Disputes: Except where prohibited, entrant agrees that
any and all disputes, claims and causes of action arising out of, or connected
with, the Contest or any prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the appropriate court
located in the State of California. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, entrant’s rights and obligations, or
the rights and obligations of the Sponsor in connection with the Contest, 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.

16.
Contest Results: To request a winners list, send a
self-addressed, stamped envelope to Eskimo Joe Design Contest Winners List,
imeem, Inc., 650 4th Street, Box 155, San Francisco, CA 94107. Requests must be received within four (4)
weeks of the end of the Entry Period.