FALL OUT BOY POLL SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN
1. ELIGIBILITY: The Fall Out Boy Poll Sweepstakes (the “Sweepstakes”) 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 Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
2. SPONSOR: The Sweepstakes is sponsored by imeem, Inc., 650 4th Street, Box 155, San Francisco, CA 94107 (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes 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 Sweepstakes begins on Dec. 12, 2008 at 10:00 AM PT and ends on Dec. 16, 2008 at 12:00 PM PT (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified.
5. HOW TO ENTER: You must be registered with imeem.com. If you are not already registered, visit imeem.com to register for free. To enter, visit
http://imeem.com/falloutboy, add the profile as a friend then vote on the “What is your favorite Fall Out Boy song title” here
http://www.imeem.com/falloutboy/poll/zonncyGY/what_is_your_favorite_fad_song_title/. Once you vote, you will receive one (1) entry into the Sweepstakes. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. There is a limit of one (1) entry per person and e-mail address. Any additional entries will be void.
6. DRAWING: On or about Dec 16, 2008, the Sponsor will select the potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify a potential winner within 3 days of the drawing. If a potential winner cannot be contacted within 3 days after the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining entries.
7. REQUIREMENTS OF A POTENTIAL WINNER: A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place in a random drawing of all entries received. If a potential winner is a minor, his/her parent or legal guardian must sign the Affidavit/Release on the potential winner’s behalf.
8. PRIZE: One (1) winner will receive the “Trois” package for the “Folie a Deux” pre-order, consisting of: one (1) rubber “Folie a Deux” wristband; one (1) physical “Folie a Deux” CD; one (1) limited edition silk screened poster; one (1) “Folie a Deux” t-shirt; one (1) 1GB USB Flash Drive Teddy Bear Keychain preloaded with footage of the making of “Folie a Deux” and “The Road Back”; one (1) physical “Folie a Deux” vinyl album with gatefold artwork; and one (1) limited “Folie a Deux” zip hoodie (Retail Value $129.99). 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.
9. PRIVACY AND PUBLICITY: All information submitted by entrants in the Sweepstakes will be treated according to the imeem Privacy Policy. Except where prohibited, participation in the Sweepstakes 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.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes 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 Sweepstakes to address the impairment and then resume the Sweepstakes 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 Sweepstakes 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 Sweepstakes 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.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, 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 Sweepstakes 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 Sweepstakes; (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, 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 Sweepstakes 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 Sweepstakes, 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.
12. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes 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 Sweepstakes, 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.
13. SWEEPSTAKES RESULTS: To request a winners list, send a self-addressed, stamped envelope to Fall Out Boy Poll Sweepstakes 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.
