OFFICIAL CONTEST RULES

NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED OR PROHIBITED BY LAW. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND ITS TERRITORIES WHO ARE 18 YEARS OF AGE OR OLDER. MINORS MUST HAVE THEIR PARENT OR GUARDIAN’S PERMISSION BEFORE ENTERING (see below).

INTRODUCTION. This “Interpret The Kiss Of Dawn” Contest (the "Contest") gives participants the opportunity to compete to record a video of themselves performing a never-before-heard upcoming HIM track and have their video captured on HIM’s upcoming DVD. Three (3) winners would win an autographed copy of HIM’s upcoming DVD containing their winning videos. These are the Official Rules for the Contest.

SPONSOR:
Warner Bros. Records Inc.
3300 Warner Boulevard
Burbank, California 91505

ELIGIBILITY. Contest is open to residents of the United States and its territories and possessions who are at least eighteen (18) years of age in their territory of residence at time of entry. Void where prohibited by law. Employees of Sponsor, HIM, YouTube, their affiliates, subsidiaries, advertising and promotion agencies and their immediate family members (defined as parents, children, siblings, spouse, and life partners) and/or those living in same household of each are not eligible to enter the Contest.

TO ENTER. HIM and Sponsor invite you to make a music video ("Video") of HIM's recording of “Kiss of Dawn” (the "Recording"). To enter the Contest, go to http://heartagram.com/kissofdawn to find the sheet music. Then make a video of you performing the song. Upload your entry to YouTube or another video service and email the link to himnewsong@warnerreprise.com with the subject line ‘HIM KISS OF DAWN”, plus your name, e-mail address and telephone number. By doing the above, each eligible entrant will be entered into the Contest and will qualify as a participant (“Participant”).

The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Contest any Video that it believes may infringe on the rights of any third parties. All entries and Videos become the sole property of Sponsor and will not be returned.

In the event of a dispute, all electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. (Submission of an e-mail address, for purposes of this paragraph, means either direct submission of Participant's e-mail address or the uploading of the Video from an authorized YouTube account associated with a given e-mail address.) The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Limit one (1) entry per person and per e-mail address. More than one (1) entry from any person or from any e-mail address will void all entries from that person or e-mail address, as applicable. Any attempt by a person to enter more than once with multiple email accounts will result in disqualification. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

SUBMITTED VIDEO REQUIREMENTS. All videos submitted must, except for the Recording embodied therein, be the original work of the Participant, must not have been previously exhibited, recorded or transmitted, and must not contain the trademarks, designs, copyrighted works, intellectual property, names, likenesses or images of any person or entity or otherwise infringe upon the copyrights, trademarks, privacy, publicity or other intellectual property rights of any person or entity. Submitted Videos must not exceed five (5) minutes in length nor be shorter than thirty (30) seconds.

Submitted Videos will not be accepted or eligible if they contain content or material of any kind that violates or is inconsistent with these Official Rules, including, without limitation, any content that contains (or appears to contain):

(i) explicitly profane or obscene material;

(ii) endorsement (or encouragement) of illegal drug use, alcohol abuse or other illegal activity;

(iii) nudity, profanity, extreme or gratuitous violence;

(iv) offensive language, to be evaluated by Sponsor based on context and societal acceptability;

(v) any express or implied commercial endorsement; any derogatory characterization of any person or group based on age, race, color, gender identity and expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, or other ethical or unlawful factors;

(vi) any unauthorized use of copyrighted or proprietary material; or

(vii) depictions of any conduct, language or other context deemed inappropriate by the Sponsor or any of the judges selected by the Sponsor.

Additionally, Sponsor reserves the right to disqualify any Submitted Video that it deems, in its sole discretion, to violate any of the policies of Sponsor’s Standards and Practices Guidelines.

CLEARANCES. Each Participant is solely responsible for obtaining from all applicable individuals or entities, any and all required rights, releases, consents, clearances, licenses, and other authorizations (collectively, the “Clearances”) necessary to exploit and otherwise use the Submitted Video in any and all media. Without limiting the generality of the foregoing, prior to submitting their Submitted Video, each

Participant is solely responsible for obtaining the following Clearances:

(i) Location releases;

(ii) Releases from any person whose name, voice, likeness, or persona is referenced, shown, or otherwise used in the Submitted Video.

By submitting the Submitted Video, entrants warrant that the Submitted Video, and all elements contained therein, are original with entrant, or have been fully cleared by entrant (including, but not limited to music synchronization rights), and that neither the Submitted Video, nor Sponsor’s uses thereof will infringe on any rights or trademarks of any person or entity. Entrants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Submitted Video will be true and not violate or infringe on any third party’s rights.

Sponsor hereby reserves the right (but not the obligation) to verify that all necessary Clearances relating to the Submitted Video have been obtained prior to selecting the Submitted Video as a Selected Video or a Grand Prize Video. Without limiting the generality of the foregoing, Sponsor reserves the right to disqualify any Submitted Video from the Contest if Sponsor determines at any time, in Sponsor’s sole discretion, that the applicable Participant has not obtained all necessary Clearances.

USE OF VIDEOS. Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy, excerpt, edit and repurpose all Videos submitted which meet the specified requirements (including, without limitation, by means of digitizing or otherwise encoding all submitted Videos), and to use, re-use, publish, re-publish and otherwise exploit such Videos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, throughout the universe and to use the name, likeness and photograph of each Participant in connection therewith if Sponsor so chooses in its sole discretion without any additional compensation to Participant. Each Participant agrees that they will not be compensated for submitting any Video. Only Videos which are submitted in accordance with all applicable rules governing this Contest will be eligible for selection.

TIMING. The Contest begins at 9:00 a.m. Pacific Standard Time on July 10, 2007, and ends at 9:00 p.m. Pacific Standard Time on July 23rd, 2007 (the "Promotion Period"). Entries received prior to or after the Promotion Period are disqualified.

USE OF DATA. Sponsor will be collecting personal data about participants (including, without limitation, e-mail addresses) when they enter the Contest. All data will be collected in the United States. By participating in the Contest, entrants hereby agree to that all personal information collected by Sponsor may be used in accordance with and subject to Sponsor’s Privacy Policy http://www.warnerbrosrecords.com/privacy.php. .

AGREEMENT TO OFFICIAL RULES. Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s Privacy Policy http://www.warnerbrosrecords.com/privacy.php and willingness to be contacted by telephone and/or email. If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

SELECTION OF POTENTIAL WINNERS. All eligible Videos will be judged by the Sponsor based on the following equally weighted judging criteria: originality and quality of the Video. In the event of a tie, the entrant with the highest score in originality will be declared the winner. If this process still results in a tie, the tied Videos will be rejudged against each other and the Video receiving the highest overall score will be declared the winner. Judging will take place on or July 24th, 2007. Potential Winners must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements. Three (3) Potential Winners will be selected.
The Potential Winners will be notified by e-mail or telephone on or about July 24th, 2007. If a potential winner cannot be contacted or does not respond within 48 hours of Sponsor’s first attempt to contact such potential winner, the next highest scoring entrant will be declared the potential winner.

PRIZES. The three (3) Potential Grand Prize Winners (“Winners”) will each receive one (1) copy each of an autographed copy of HIM’s upcoming DVD. The Potential Grand Prize Winners will also have their winning Submission Videos featured on the HIM DVD and/or on http://www.myspace.com/heartagram.

The Prize is subject to the following material conditions and restrictions:

No transfer or substitution of the prize is permitted. Approximate value of Prize: $18.00 each.

Potential Winners may be required to execute and return a Declaration of Eligibility and Liability/Publicity Release, and must deliver a finished high-resolution master of the Video, within three (3) days of first attempted notification. Noncompliance within this time period may result in disqualification. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.

With respect to any potential winner who is under the age of majority in their state of residence at the time of entry into the Contest, the signature of such potential winner’s parent or legal guardian will be required, acknowledging and accepting the terms of these Official Contest Rules on behalf of such potential winner. The parent or legal guardian of any potential winner must also sign an Affidavit of Eligibility/Release of Liability on behalf of the potential winner who is not of the age of majority. Noncompliance within this time period may result in disqualification and an alternate Grand Prize Winner may be selected. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.

CONDITIONS OF WINNING. By participating in this Contest, each Participant hereby warrants and represents that the Video entered, created or submitted by such Participant shall not infringe the rights of any person or entity, and that such participant has obtained all permissions, licenses and rights required (other than the right to use the Recording, which is granted to such Participant hereunder solely for the purposes of and in strict accordance with the rules of this Contest) to lawfully participate in this Contest. Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Video for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Video, except on the HIM website as set forth hereinabove, and that Sponsor in its sole discretion shall have the right to refrain from using the Video. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. In this connection, Winner will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
GENERAL CONDITIONS. The Contest is governed by the laws of the United States and the State of California and participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. Each participant waives any and all objections to jurisdiction and venue in these courts. All national, federal, state and local laws and regulations apply. Void where prohibited.
Except where prohibited by law, Winners grant to Sponsor and its advertising agencies the right to use and publish Winners’ photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote Sponsor and the Contest without additional compensation.
By entering, participants release and hold harmless Sponsor, HIM, their respective subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or receipt or use and/or misuse of any prize, except to the extent that any death or personal injury is caused by the negligence of the Sponsor.
Sponsor reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Sponsor in Sponsor’s sole discretion.
If, in Sponsors opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.
Sponsor is not responsible for any incorrect, inaccurate, illegible, incomplete, lost, late, damaged, destroyed, misdirected or unintelligible entries or information, which will be disqualified, or for failed, partial or garbled computer transmissions, whether caused by the website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest for reasons which are beyond the Sponsor’s control. Sponsor does not assume 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 for reasons which are beyond the Sponsor’s control. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating in the Contest except to the extent that any death or personal injury is caused by the negligence of the Sponsor.

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.

WINNER LIST. For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: WARNER BROS. RECORDS INC. 3300 Warner Boulevard, Burbank, CA 91505. Attention: “Create Your Own HIM Video Contest.” All requests must be received by December 31, 2007. Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner". Vermont residents may omit return postage if requesting a set of Official Rules.
Copyright © 2007 Warner Bros. Records Inc. All rights reserved.