LOST AT E MINOR “BJORK TRIBUTE”CONTEST
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN
1. ELIGIBILITY: The Lost at E Minor “Bjork Tribute” 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., 660 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 April 8, 2008 at 12:01am EDT and ends on April 22, 2008 at 12:01 pm EDT (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 a personal tribute to Bjork (your “Entry”). The Entry must meet each of the following requirements:
a. Tribute must be uploaded to the Website as a photograph, but the tribute itself can be any form of graphic design (photography, drawing/painting, computer graphic). .
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 www.winatlaem.imeem.com (the “Website”), 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 FINALISTS: On April 22, 2008, a panel of judges selected by the Sponsor will evaluate the Entries and select twelve (12) finalists from all eligible Entries submitted since the commencement of the Entry Period. The finalists will be selected based on the following criteria: creativity and overall presentation. Each finalist’s Entry will be featured on the Lost at E Minor website (www.lostateminor.com) on or around 5:00 PM EDT and the finalist will be given the opportunity to visit the Lost at E Minor website and create a brief comment about Bjork and the meaning behind the Entry. Finalists must sign up for Lost at E Minor in order to comment.
10. SELECTION OF WINNER: On or about April 22, 2008 at 5:00PM EDT, Lost at E Minor will post a playlist of the 12 finalists’ photos. Visitors to the Lost at E Minor website must sign up (
http://lostateminor.com) and will have the opportunity to vote as a comment on each of the finalists’ entries based on the following criteria: the most unique and interesting Bjork tribute and the creativity of finalists’ commentary (the “Judging Criteria”). A panel of judges selected by the Sponsor will evaluate the finalists’ Entries on the basis of the public voting and the Judging Criteria (equally weighted) in order to select the winner. 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. On or about April 25, 2008 at 5:00 PM EDT, Lost at E Minor will post the winning tribute Lost at E Minor website.
11. 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 30 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.
12. PRIZE: One (1) grand prize winner will be win one (1) limited edition Bjork album art compilation (ARV $ 50). 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. CONTEST RESULTS: To request a winners list, send a self-addressed, stamped envelope to Lost at E Minor Bjork Tribute Contest Winners List, imeem, Inc., 660 4th Street, Box 155, San Francisco, CA 94107. Requests must be received within four (4) weeks of the end of the Entry Period.
