Awkward Ringtone Moment Contest "OFFICIAL RULES"

NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This contest is sponsored by SendMe Inc (the "Sponsor").

1. CONTEST DESCRIPTION

The 2009 SendMe Mobile Ringtone Video Contest (the "Contest") is a skills based competition in which participants shall compete by submitting their best recorded video creatively depicting their most "awkward ringtone moment", for a chance to win the Grand Prize of US$500 (Five Hundred Dollars) and their video featured on the SendMe Mobile blog, 1st Runner Up Prize of US$150 (One Hundred and Fifty Dollars) and their video featured on the SendMe Mobile blog and 2nd Runner Up Prize of US$75 (Seventy Five Dollars) and their video featured on the SendMe Mobile blog. Each Contest Entrant (as such term is defined below) shall be invited to submit his/her Video(a "Video"), which shall be judged as further described in Rules 7 and 8 below. The Contest begins at 9:00am EST on June 9, 2009, and ends at 6:00pm PST on June 20th, 2009, and the deadline for submissions of Videos is 6:00pm PST on June 20th, 2009 (the "Submission Deadline"). The Contest consists of an online competition in which Contest Entrants shall be invited to upload a Video Reply to the following website: http://www.youtube.com/sendmemobile ( "YouTube"). YouTube is in no way affiliated with SendMe, Inc. and any Video uploaded to YouTube shall be subject to any and all terms and conditions imposed by YouTube including but not limited to YouTube's Terms of Service, Privacy Policy and Copyright guidelines. A panel of judges designated by the Sponsor will evaluate the Videos and vote for a winning Video based on the Judging Criteria (as such term is defined below). The Contest Entrant who submitted the Video which receives the most votes shall be declared the winner of the Contest, subject to verification and compliance with these Official Rules.

2. CONTEST ELIGIBILITY

The Contest is open to legal residents of the United States (except residents of Georgia where this Contest is void) and the District of Columbia who are at least 13 years of age at time of entry. Entrants who are under the age of majority in their jurisdiction of residence must have their parent/legal guardian's permission in order to submit an entry in this Contest. Employees (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Sponsor and it's respective parent companies, affiliated companies, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (all of the foregoing, together with the Sponsor, collectively referred to as the "Promotion Entities") are not eligible to enter the Contest. If a dispute as to the identity of a Contest Entrant cannot be resolved to the Sponsor's satisfaction, the affected Video shall be deemed ineligible for the Contest.

3. HOW TO ENTER

Any individual wishing to participate in the Contest must first register to participate, thereby becoming an eligible participant (a "Contest Entrant"). Registration is free. To register, Contest Entrants must upload their Video submission to YouTube AND send an email with the subject "Video Submission" to ringtonemoments@sendmemobile.com containing the following information: name, address, telephone number, date of birth, email address, and a link to the Video uploaded to YouTube. Contest Entrants unconditionally agree to be bound by (i) these Official Rules, (ii) SendMe Mobile's Privacy Policy and Terms of Use (iii) the decisions of the Sponsor, which is final and binding in all respects, and (iv) any additional terms and conditions as provided by or on behalf of the Sponsor. Limit one registration per person and per e-mail address. Any individual who attempts to register or, in the sole discretion of the Sponsor, is suspected of registering more than once for the Contest, by any means including, without limitation, establishing multiple e-mail accounts or user IDs shall be disqualified from the Contest.

4. VIDEO SUBMISSION

All Videos must be submitted as a video reply to the YouTube page located at http://www.youtube.com/sendmemobile. Contest Entrants should submit no more than five (5) videos during the term of the contest. You must complete the registration process and upload your Video(s) no later than the Submission Deadline. Use of any music, visual or other copyrighted content, music compositions, or music works in any Video other than wholly original songs, that are owned, controlled and created by the Contest Entrant is expressly prohibited and shall result in disqualification of the affected Video, and may result in the disqualification of the Contest Entrant from participation in the Contest, all as determined by the Sponsor in their sole discretion.

All Videos: (a) must be a wholly original, audio-visual performance created by the Contest Entrant; (b) must be no more than thirty (60) seconds in total running time; (c) must be uploaded to YouTube; (d) must be in English; (e) must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsor, is suitable for all persons over the age of 13; (f) must not, in the sole discretion of the Sponsor, contain or involve any of the following: (i) obscenity, (ii) private property, or other property (unless Contest Entrant has obtained a signed property release specific for the uses specified herein), (iii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iv) gang signs or symbols, (v) nudity, (vi) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (vii) license plates, phone numbers, personal addresses (physical, email or otherwise), (viii) websites or web page links other than Sendmemobile.com, (ix) derogatory characterizations of any ethnic, racial, sexual or religious groups, (x) humiliate other people (publicly or otherwise), (xi) any assault or threatening of others, (xii) trespass or the violation of other people's rights or property; (xiii) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xiv) conduct or activities in violation of these Official Rules, or (xv) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in their sole discretion; (g) must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; alcohol abuse may only be depicted as self-destructive, anti-social behavior; (h) must not contain content that is explicit, graphic or depicts excessive sexual activity; (i) must not contain violence; and (j) must not contain any copyrighted works (other than materials owned by the Contest Entrant) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations. All elements used, incorporated into or otherwise appearing in a Video must be entirely original, created and performed by the Contest Entrant or be in the public domain. Use of any Elements or other materials that are not original or in the public domain may result in disqualification of the affected video and the disqualification of the Contest Entrant from participation in the Contest, all as determined by the Sponsor in their sole discretion.

5. SPONSOR'S RIGHT TO DISQUALIFY

At any time during the Contest, the Sponsor reserve the right, in their sole discretion, to disqualify and remove any Video for any reason including, without limitation, if the Sponsor believes that such Video, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to any Sponsor's business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Sponsor on this and all matters relating to the Contest are final and binding.

6. CONDITIONS OF CONTEST ENTRY

(a) Each Contest Entrant retains ownership of any Video he/she enters in the Contest, provided however that you grant the Sponsor a worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish, sell, license, distribute and/or incorporate any or all of your Video in any media and for any purpose that the Sponsor may determine in its sole discretion. As a condition of entry into the Contest, each Contest Entrant (or Contest Entrant's parent/legal guardian, if Contest Entrant is a minor in his/her state of legal residence): (i) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE VIDEO(S) HE/SHE IS SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE ELEMENTS, THE VIDEO OR DIGITAL RECORDING ITSELF, AND THE PERFORMANCE CONTAINED IN EACH VIDEO (COLLECTIVELY, THE "CONTEST ENTRY MATERIALS"); (ii) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE RECORDING, OR, ALTERNATIVELY, THAT THE CONTEST ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS OR WHO IS HEARD IN THE CONTEST ENTRY MATERIALS TO GRANT THE RIGHTS TO THE SPONSORS DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE PROMOTION ENTITIES UPON REQUEST; (iii) WARRANTS AND REPRESENTS THAT: (A) HIS/HER CONTEST ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED AND (B) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS OR DECENCY STANDARDS; (iv) Contest Entrants irrevocably grants the Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the Contest Entrant's name, state of residence, Contest registration information, image, voice, likeness, statements, biographical material, including, without limitation, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contest Entrant and arising out of his/her participation in this Contest (with or without using the Contest Entrant's name) (collectively, the "Additional Materials") in connection with the rights granted in Rule 6(a)(v) below, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law; (v) Contest Entrant irrevocably grants to the Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials for (A) any purpose on Sendmemobile.com and (B) any advertising, promotional or commercial purposes on any SendMe, Inc. service in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law; (vi) grants to all end users of Sendmemobile.com (A) the non-exclusive license to access the Contest Entry Materials through sendmemobile.com; (B) the ability to rate, review, comment on and tag the Contest Entry Materials; (C) the ability to embed the video player with the Contest Entry Materials on their respective websites; (D) the ability to send and distribute the Contest Entry Materials via e-mail, instant messenger or other electronic means; (E) the ability to access the Contest Entry Materials via Sendmemobile.com's APIs or via RSS or any similar XML or related feeds; and (F) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform the Contest Entry Materials pursuant to the respective terms of service applicable thereto. (vii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Sponsor's use of the Contest Entry Materials or Additional Materials, or require the Contest Entrant's permission for the Sponsor to use them for promotional purposes, and agrees to never sue or assert any claim against the Sponsor's use and exploitation of the same as permitted herein; (viii) acknowledges and agrees that (A) the Sponsor shall have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Materials in theme, idea, plot, format, characters and/or other respects; (B) the Contest Entrant shall not be entitled to any compensation or other consideration because of the use by the Sponsor of any such similar or identical material, ideas and/or concepts; and (C) the Sponsor's use of material containing elements similar to or identical with those contained in the Contest Entry Materials or any component thereof shall not obligate the Sponsor to negotiate with nor entitle Contest Entrant to any compensation, accounting or other claim; and (ix) agrees to indemnify and hold the Sponsor and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Sponsor Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Sponsor Indemnitees arising out of or in connection with (A) any Contest Entry Materials or Additional Materials (including, without limitation, any and all claims of third parties, whether or not groundless or based on the submission of such material); (B) any breach by the Contest Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Contest Entrant; (C) the Contest Entrant's conduct during and in connection with this Contest, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (D) the acceptance or use of any award or prize. (b) In addition to the rights granted to the Promotion Entities as set forth above, each Finalist (or Finalist's parent/legal guardian, if Finalist is a minor in his/her state of legal residence) irrevocably grants to the Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials in any manner on any in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Finalist or any other party, except as prohibited by law.

7. WINNER SELECTION PROCESS

Only Videos submitted prior to the Submission Deadline will be eligible to win. The winning Video will be determined by a selection panel appointed at the sole discretion of the Sponsor. Each panelist will place a vote for the video they deemed the winner. At the end of the voting process the votes will be tallied and the video with the most votes will win the Grand Prize (as defined below). In the event of a tie the Sponsor shall appoint a single individual, at it's sole discretion, to select the winning Video from the pool of Contest Entries with the most votes.

8. PRIZING

Subject to verification by the Sponsor and compliance with these Official Rules, the Contest Entrant that receives the largest total number of votes from the panel (or the Contest Entrant selected by the Sponsor in the event of a tie) for his/her Video shall receive a $500 Cash Prize (the "Grand Prize") and their video submission featured on the Sendme Mobile blog. Subject to verification by the Sponsor and compliance with these Official Rules, the Contest Entrant that receives the 2nd largest total number of votes from the panel (or the Contest Entrant selected by the Sponsor in the event of a tie) for his/her Video shall receive a $150 Cash Prize (the "1st Runner Up Prize") and their video submission featured on the Sendme Mobile blog. Subject to verification by the Sponsor and compliance with these Official Rules, the Contest Entrant that receives the 3rd largest total number of votes from the panel (or the Contest Entrant selected by the Sponsor in the event of a tie) for his/her Video shall receive a $75 Cash Prize (the "2nd Runner Up Prize") and their video submission featured on the Sendme Mobile blog.

9. GENERAL RULES

The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. All Prize winners shall receive an IRS 1099 for the value of their prize. By participating in the Contest and/or accepting any prize, Contest Entrants grant permission to the Sponsor and their advertising and promotion agencies to use their name, likenesses, Videos, and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation or accounting to Contest Entrant, unless prohibited by law. Contest Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Contest. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries. The Sponsor reserves the right at its sole discretion to disqualify any Contest Entrant or the vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating these Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, the Sponsor reserves the right to disqualify any entry which, in the Sponsor's sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. CAUTION: ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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.

10. LIMITATIONS OF LIABILITY

The Sponsor assumes no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest or any Contest-related activity (including, without limitation, the selection panel phase of the Contest), or for theft, destruction or unauthorized access to, or alteration of, Contest Entry Materials or votes. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users, Contest Entrants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of submissions or votes in the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Sendmemobile.com or Youtube.com sites or to submit Contest Entry Materials or votes in connection with the Contest). The Promotion Entities are not responsible for any injury or damage to Contest Entrants or any other person, or to any computer related to or resulting from participating or downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among those eligible Contest Entrants from that portion of the Contest that has not been compromised, if any.

11. DISPUTES/GOVERNING LAW

Except where prohibited, as a condition of participating in the Contest, each Contest Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Contest Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (e.g., costs associated with entering this Contest), and each Contest Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Contest Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of San Francisco. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.

12. PRIVACY

By entering the Contest, you agree to the Sponsor's use of your personal information, as described in Sendme Mobile's Privacy Policy located at http://www.sendmemobile.com/company/your-privacy.html.

13. WINNERS LIST/RULES REQUESTS

For a copy of these Official Rules or the winner's name, send separate, stamped, self-addressed envelope, on or after December 12, 2008, to: SendMe Inc, SendMe Video Contest, ATTN: Customer Service, 585 Howard St San Francisco CA 94105. Vermont residents may omit return postage. Requests received after June 20th, 2009 shall not be honored.

14. SPONSOR

SendMe Inc. 585 Howard St San Francisco CA 94105