NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED. INTRODUCTION. This "Design The New HIM Logo Contest" (the "Contest") gives the participants the opportunity to win a framed gold record for the album "Dark Light" by the recording artist HIM. Participants in the Contest will design and submit artwork of a logo that will be considered for use in connection with the promotion, marketing, and other exploitation of Sponsor’s exclusive recording artist HIM. The details of the prize and how to enter the Contest are contained in these Official Rules. SPONSOR: Warner Bros. Records Inc. 3300 Warner Boulevard Burbank, California 91505 ELIGIBILITY. The Contest is open to participants worldwide. All participants must be 18 years of age or older at time of entry. Void where prohibited by law. Employees and principals of Sponsor, its affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees’ families (defined as parents, children, siblings, spouse, and life partners). TO ENTER. To enter the Contest, eligible entrants must design a new logo for Sponsor’s use in connection with the recording artist “HIM”. During the Promotion Period, as defined below, eligible entrants can enter the Contest online by going to http://www.heartagram.com, completing the online entry form by entering true and correct information in all of the required fields, submitting all required attachments, and clicking to submit their personally designed HIM logo (“Artwork”) in an acceptable format (.jpg, .eps, .bmp, .gif, or .tif). Upon submission of the fully-completed electronic entry form containing the Artwork, each entrant will receive one entry in the Contest and thereby qualify as a participant in the Contest (“Participant”). Electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as 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 may result in disqualification at the discretion of the Sponsor upon verification of prize winner. Sponsor is not responsible for lost, late, incomplete, garbled, illegible, or misdirected Contest entries, or for any error, human, technical or otherwise, which may occur in the processing of Contest entries. Proof of sending will not be deemed to be proof of receipt. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods and such senders. Participant understands and agrees that Sponsor will not return and is not obligated to return Artwork to participant. TIMING. The Contest begins at 12:00 p.m. Pacific Standard Time on Friday June 23, 2006, and ends at 10:00 a.m. Pacific Daylight Time on Tuesday August 15, 2006 (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. By participating in the Contest, entrants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s Privacy Policy http://www.wbr.com/cmp/privacy.html. 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.wbr.com/cmp/privacy.html and willingness to be contacted by telephone and/or email. Participant hereby acknowledges and agrees that Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy all submitted Artwork (including, without limitation, by means of creating digital images of all submitted Artwork by scanning the submitted photographs), and to use, re-use, publish, and re-publish such Artwork 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 on merchandise, throughout the universe (including, without limitation, illustration, promotion, advertising and trade), and to use the name of each Participant in connection therewith if Sponsor so chooses in its sole discretion. Each Participant agrees that they will not be compensated for submitting any Artwork. SELECTION OF POTENTIAL WINNER. One (1) winner (“Winner”) will be determined by Sponsor on or about Tuesday August 15, 2006 from among all eligible entries received based on the originality and quality of the submitted Artwork, in Sponsor’s sole discretion. Sponsor’s decisions as to all matters related to administration of the Contest and selection of the Winner are final. Winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements. The Winner will be notified by email or telephone on or about Tuesday August 15, 2006. If the Winner cannot be contacted within 24 hours of the first attempt to contact such Winner, such Winner will be disqualified and an alternate Participant will be selected in his or her place by Sponsor, in Sponsor’s sole discretion, from all eligible entries received. The Winner must execute and return an Affidavit of Eligibility/Release of Liability and Publicity within FIVE (5) days of notification of being selected as the Winner. Noncompliance within this time period may result in disqualification and an alternate winner may be selected. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner. PRIZE. The one (1) Winner will be awarded a framed gold record for the album “Dark Light” by the recording artist HIM (the “Prize”). Odds of winning depend in part on the number of eligible entries received during the entire Promotion Period. Approximate value of Prize: $ 200. The Prize is subject to the following material conditions and restrictions: NO CASH OR OTHER SUBSTITUIONS ARE PERMITTED, EXCEPT BY SPONSOR, WHO RESERVES THE RIGHT TO SUBSTITUTE THE PRIZE WITH ONE OF EQUAL OR GREATER VALUE. All federal, state and local taxes related to the Prize are the sole responsibility of Winner. No refunds or credit for changes are allowed. No transfer of the prize is permitted. CONDITIONS OF PARTICIPATION: By participating in this Contest, Participants hereby agree to be lawfully bound by the following conditions concerning their Artwork: (i) Participant hereby warrants that the Artwork is a wholly original work created solely by Participant and that no other persons have collaborated with Participant in creating or developing the Artwork, and that the Artwork does not contain the trademarks, designs, copyrighted works or intellectual property of any third parties. (ii) Participant is eligible to and has the rights to submit this Artwork to Sponsor on the terms and conditions contained in these Official Rules. (iii) Participant agrees that Sponsor may retain a copy of the Artwork and Participant releases Sponsor from any liability for loss or damage thereto. (iv) Participant agrees that if their Artwork is selected and they are notified that they have been identified as the Winner, Participant shall deliver to Sponsor a hard copy of the Artwork at Warner Bros. Records Inc. 3300 Warner Boulevard, Burbank, CA 91505 Attn: New Media within 10 days of such notification. (v) Participant agrees and acknowledges that for good and valuable consideration, the sufficiency of which is hereby acknowledged, Participant hereby irrevocably grants, transfers, conveys, and assigns to Sponsor the entirety of the rights in and to the Artwork 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 Artwork for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity, including, without limitation, all areas of advertising, packaging, promotion, publicity, multimedia works, merchandising, and sales. Participant irrevocably and unconditionally waives any and all so-called droit moral and like rights that Participant has in the Artwork and agrees not to make any claims against Sponsor or any person authorized by Sponsor to exploit the Artwork based on such moral or like rights. (vi) Participant accepts and acknowledges that Sponsor shall not be obligated to use Artwork and that Sponsor in its sole discretion shall have the right to refrain from using the Artwork. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. (vii) Participant agrees to release and discharge Sponsor and its respective heirs, executors, assigns and designees from any and all claims and demands arising out of or in connection with the use of such Artwork, including, without limitation, any claims for copyright infringement, defamation or invasion or privacy. Only Artwork which is submitted in accordance with all applicable rules governing this contest will be eligible for selection. (viii) Participant hereby warrants and represents that they 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 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 federal, state and local laws and regulations apply. Void where prohibited. Except where prohibited by law (or if Winner is a resident of Tennessee), Winner grants to Sponsor and its advertising agencies the right to use and publish Winner’s photo, proper name, likeness, voice, opinions, and biographical information in any media to promote Sponsor and the Contest without additional compensation. By entering, Participants release and hold harmless Sponsor, its principals, 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. 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 its sole discretion. 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. If, in the Sponsor's 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. In the event of such cancellation, Sponsor reserves the right to award the Prize in Sponsor’s sole discretion from all eligible entries received before the time of cancellation. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alternation of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT 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. WINNERS LIST. Contest results and copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: "Design The New HIM Logo Contest”, c/o Warner Bros. Records Inc. 3300 Warner Boulevard, Burbank, CA 91505 Attn: New Media. Results will be available after August 17, 2006. Requests for results must be received by September 2, 2006. Copyright ©2006 Warner Bros. Records Inc. All rights reserved.
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