Not So
Silent Night Schedule Design Contest
Official Rules
No Purchase Required to Enter or Win
1.
Eligibility: The Not So Silent Night Schedule 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 November 15, 2007 at 12:00pm
PT and ends on November 26, 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 graphic design. The design can be your own creation or
inspired by the music of the Live 105 Not So Silent Night Holiday concert. You must create the design and upload your
finished design to the photos section on the Live 105 group page located at (http://live105.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. You may adapt your design to reflect Not So
Silent Night Holiday concert. The designs must be uploaded to the photos
section of the group page, located at (http://live105.imeem.com/)
(“The Website”) 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 than 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: On November 23, 2007 a panel of judges selected by the Sponsor will
evaluate the top five (5) entries to select the potential winner on the basis
of creativity as determined by the judges. 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 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: One (1) winner shall
win two (2) V.I.P. tickets to Not So Silent Night 2007 (ARV=$80) 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 Not So Silent Night Guide Schedule 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.