Taking Back Sunday Virgin Mobile FreeFest Sweepstakes: OFFICIAL CONTEST RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS UNITED STATES WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.

INTRODUCTION: This "Taking Back Sunday Virgin Mobile Free Fest Sweepstakes” (the "Sweepstakes") offers Participants the chance to win two (2) concert tickets to a live performance by Taking Back Sunday at Virgin Mobile FreeFest, two (2) round-trip airplane tickets to Maryland, two (2) nights in one(1) hotel room, and a meet and greet with Taking Back Sunday (the “Prize”). The details of the Prize and how to enter the Sweepstakes are contained in these Official Rules.

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

SWEEPSTAKES DESCRIPTION AND TIMING: The Sweepstakes begins August 1, 2009 at 6:00 p.m. Pacific Daylight Time and ends August 18, 2009 at 12:00 a.m. Pacific Daylight Time (the “Entry Period”). Participants may enter the Sweepstakes at any time during the Entry Period (for the avoidance of doubt, all mail-in entries must be received by Sponsor during the Entry Period). Sponsor will select one (1) winner for the Sweepstakes from the pool of eligible individuals on or about August 21, 2009.

ELIGIBILITY:
Open to legal residents of the United States (excluding Hawaii and Alaska) who are 18 years or older at the time of entry. Void where prohibited by law. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.

HOW TO ENTER:
Eligible individuals (each a “Participant” or “you”) who are Virgin Mobile customers may purchase a Taking Back Sunday ringtone to be automatically entered in the Sweepstakes. Alternatively, Participants may also enter by sending a 3x5 postcard to Warner Bros. Records Inc., 3300 Warner Blvd, Burbank, CA 91505, Attn: Taking Back Sunday Virgin Mobile FreeFest Sweepstakes, or by sending an email to Tbsringtonecontest@gmail.com. Limit one (1) entry per person or household. 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. 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. Incomplete, inaccurate, or incorrect entry forms are void.

USE OF DATA and AGREEMENT TO OFFICIAL RULE:. Sponsor will be collecting personal data about Participants (including, without limitation, e-mail addresses) when Participants enter the Sweepstakes. By participating in the Sweepstakes, Participants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s privacy policy, which is located at http://www.warnerbrosrecords.com/privacy-policy. Participation in the Sweepstakes further constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s privacy policy and willingness to be contacted by telephone and/or email.

WINNER SELECTION AND NOTIFICATIO:. One (1) winning Participant (“Winner”) will be selected in a random drawing, conducted by Sponsor, from among all eligible entries received during the Entry Period, and will be notified via email, mail or telephone. All Participants must comply with all of the terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements.

If entry is made via email, the potential Winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry and will be required to furnish proof of eligibility (including, without limitation, proof of United States residency, and age) as a condition of receiving the Prize.

If the potential Winner does not claim his/her Prize within twenty-four (24) hours of notification, then an alternate potential Winner will be selected from among the remaining eligible entries for the corresponding Entry Period.

The potential Winner must execute and return an Affidavit of Eligibility/Release of Liability and, where permitted, publicity release within seven (7) days of notification. Noncompliance within this time period may result in disqualification and an alternate winner may be selected from among all remaining eligible entries for the corresponding Entry Period. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.

PRIZE:

The Prize: Winner will win two (2) concert tickets to a live performance by Taking Back Sunday at Virgin Mobile FreeFest, two (2) round-trip airplane tickets to Maryland, two (2) nights in one (1) hotel room, and a meet and greet with Taking Back Sunday. Approximate Retail Value (“ARV”) of Prize: $2,000.00.

No refunds or credit for changes are allowed. No transfer of the prize is permitted. Odds of winning depend on the number of eligible entries received during the Entry Period.

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

NO CASH OR OTHER SUBSTITUTIONS ARE PERMITTED, EXCEPT BY SPONSOR, WHO RESERVES THE RIGHT TO SUBSTITUTE THE PRIZE WITH ONE OF EQUAL OR GREATER VALUE.


Travel must commence and be completed on dates selected by Sponsor for prize acceptance. If a winner is unable to travel on those dates, the prize will be forfeited in its entirety and an alternate winner may be selected at random, if time permits.  All air travel is economy class on a carrier and itinerary of Sponsor’s choice subject to availability of services offered and other criteria.  Sponsor reserves the right to substitute ground transportation for air transportation if the Winner resides within 150 miles of destination. Rooms are based on double occupancy. All expenses not expressly stated in the prize package description, including but not limited to, parking, food and beverage, personal charges at lodging, security fees, taxes, insurance, or otherwise are the responsibility solely of winner.  Travel companion must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents.  Travel restrictions, conditions and limitations may apply.  A travel prize winner may only bring a minor as their travel companion if the winner is the parent/guardian of such minor. Sponsor will not replace any lost or stolen tickets.  If prize event is cancelled for any reason, no compensation will be awarded in lieu thereof but remainder of prize package may be awarded. 

GENERAL CONDITIONS. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the Participant and Sponsor shall be construed and governed by the laws of the State of California, without regard to conflicts of law. 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 or restricted by law. Sweepstakes may only be entered in or from the United States (excluding Alaska and Hawaii) and entries originating from any other jurisdiction are not eligible for entry. 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, biographical information and state in any media to promote Sponsor and the Sweepstakes without additional compensation.

By entering, Participants release and hold harmless Sponsor, Taking Back Sunday Inc., Touring Is Fun Inc., and their respective principals, parents, 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 Sweepstakes or receipt or use and/or misuse of the Prize.

Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or any other factor impairs the integrity of the Sweepstakes as determined by Sponsor in Sponsor’s sole discretion. Sponsor’s decisions as to all matters related to administration of the Sweepstakes are final.

If, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, 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 Sweepstakes, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserve the right to award the prize, in Sponsor’s sole discretion, from all eligible entries received before the time of cancellation.

Sponsor does not assume 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 Sweepstakes.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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: “Taking Back Sunday Virgin Mobile FreeFest Sweepstakes”. All requests must be received by December 31, 2009. 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.