1. Eligibility.

NO PURCHASE NECESSARY. Only legal U.S. residents at least 13 years of age who reside in and who are physically located in the U.S. (excluding its territories and possessions) are eligible to enter the "MAKE YOUR OWN MODEST MOUSE “MISSED THE BOAT” VIDEO" Contest (the "Contest"). Contestants aged 13-21 may be required to have their parent or legal guardian's permission to enter as described below. Employees, agents or officers of SONY BMG MUSIC ENTERTAINMENT (“SBME”) or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest (hereinafter, collectively the "Contest Entities") or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.

2. Entries.

(a) To enter the Contest, log onto http://www.ModestMouseMusic.com/video/ and follow the directions to enter between 12:00pm ET on April 16th, 2006 and 11:59pm ET on May 22nd, 2007. In order to participate in this Contest, you are required to register with APPLE’S SITE. You will be instructed to download the Modest Mouse “green screen” video of their song “Missed The Boat” (the “Missed The Boat Video”), as well as to complete the entry form: your name, zip code, phone number, date of birth, gender, email address, APPLE SITE username, and APPLE SITE video link. Once you have downloaded the Missed The Boat Video, you must edit the Missed The Boat Video footage with your own original video footage, still art or imagery. Editing tools will not be provided. Once you have completed your edit of the Missed The Boat Video, you must (i) upload your video to APPLE’S SITE and (b) mail via first class mail a broadcast quality master (the “Master”) video submission on Missed The Boat digital video disc (DVD), mini-Missed The Boatital video tape (DV Tape), ¾”, Missed The Boat digi-beta or Beta clearly labeled with your name, mailing address, telephone number, valid email address and birthdate to the following address:

“Modest Mouse Missed The Boat Video Contest”
c/o Epic Records Digital Marketing
2100 Colorado Ave
Santa Monica, CA 90404

The Master will not be returned to you.

The Winner will also be required to upload the Master to Sponsor’s FTP server (using DV50 resolution or higher) within five (5) days of notification by Sponsor of selection as the Winner. If Winner fails to meet the aforementioned requirements, an alternative winner may be selected by Sponsor.

Only one entry per person. If multiple entries are received by the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest; subsequent entries submitted by that entrant shall be disqualified. Each entry must, however, have at least one (1) valid email account in order to qualify. By entering, entrants agree to be bound by the decisions of the judges and these Official Rules and to comply with all federal, state, and local laws and regulations. SBME and those working for SBME or on behalf of SBME, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an e-mail entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.

(b) With the exception of materials provided by SBME, each submission must be wholly original and created entirely by entrant and must not incorporate or include anything that is owned by any third party or would require the consent of any third party and entrant’s submission must not violate any law or the copyright, trademark, publicity right, privacy right or any other right of any third party.

(c) NO PURCHASE NECESSARY.

3. Our Right to Use Your Work and Information About You.

(a) Entries and other submitted material become the property of SBME and will not be acknowledged or returned. By submitting an entry:
(i) you represent and warrant that: (A) your entry is wholly original and does not incorporate or include anything that is owned by any third party and does not violate any copyright, trademark, publicity right, or any other right of any third party, and (B) you own and/or control 100% of all right, title and interest in and to the entry, as well as all elements contained therein, other than the materials provided by SBME (the “Content”); and
(ii) you agree that your entry shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of SBME. In the event your entry is considered not to be a "work made for hire," you irrevocably assign to SBME all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.

(b) You hereby hold SBME and Incubus harmless from and against any third party claim arising from use of the Content. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses. You hereby represent and warrant that you are at least 13 years of age and that you have read these Official Rules and are fully familiar with its contents.

(c) By submitting an entry, you grant to SBME and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, submission/Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing SBME and its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to SBME and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the winner and those entrants who are not selected as the winner. SBME is under no obligation to use the winning Entries for any purpose.

4. Selection of Winner / Prizes.

(a) All entries will be judged by a panel of judges experienced in the music industry who will judge the entries on the basis of the following criteria: originality (25%), creativity (25%), concept (25%), and presentation (25%). The winner shall be the person whose entry receives the highest overall score (“Winner”). In the event of a tie, the winner shall be the person whose entry receives the highest score on originality. There will be one (1) Winner of the Contest. Winner will be selected on or about June 1st, 2007. The decision of the judges shall be final and binding in all regards.

The Winner will be notified by telephone or email, and will be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by SBME), within five (5) calendar days of notification. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if the Winner rejects the prize or in the event of noncompliance with these Rules, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's Entry or the Winner will be disqualified.

(b) The Winner(s) will receive the following prizes: PRIZES:

There will be one (1) Grand Prize consisting of:
(i) One (1) Sony HD Video Camera HDR-HC5 ($1000)
(ii) One (1) iMac Core Duo 17", 2.0GHz ($1199)

Five (5) Runner Ups will receive:
One (1) iPod 30GB (approx value of $249).

At the sole discretion of SBME, the Winner’s video may be used as the official music video for Modest Mouse’ song “Missed The Boat” to be broadcast on television, online and otherwise as determined by SBME in its sole discretion. No compensation will be provided to Winner in the event the Master is selected for broadcast. NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT YOUR VIDEO WILL BE USED BY SMBE OR OTHERWISE.

Other conditions and restrictions apply. Prizes are non-transferable. No substitutions or cash redemptions.

Estimated combined retail value of prizes: Three Thousand Four Hundred and Fifty Dollars ($3,450.00).

(c) By accepting the prizes, Winner releases and discharges SBME, its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. SBME reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by SBME in its sole discretion), for any reason.

(d) If, for reasons beyond SBME’s control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, SBME, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. Winner (and parent or legal guardian of Winner under 21) may be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, and/or a Publicity Release (the "Affidavit/Release") which must be returned to and received by SBME within five (5) calendar days from Winner’s receipt of the Affidavit/Release. Winner will also be required to send a copy of his/her passport, drivers license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.

5. Issues of Law.

All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.

6. Your Release of SBME From Any and All Liability.

Entrants agree that SBME and the Contest Entities shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that SBME and the Contest Entities are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. SBME and the Contest Entities are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. SBME reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.

7. How to Get More Information

(a) To obtain the identity of the prize winner, send a self-addressed, stamped envelope to: "Make Your Own Modest Mouse Missed The Boat Video Contest" Winners List, Epic Records Online, 2100 Colorado Ave, Santa Monica, CA 90404 by May 22, 2007. The Winner’s name will also be posted on the http://www.ModestMouseMusic.com/video/winners.html website

The sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT, 550 Madison Ave, New York, NY 10022. Questions regarding the Contest can be directed by mail to "Make Your Own Modest Mouse “Missed The Boat” Video Contest", Epic Records Online, 2100 Colorado Ave, Santa Monica, CA 90404.

(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Make Your Own Modest Mouse “Missed The Boat” Video Contest" Official Rules, Epic Records Online, 2100 Colorado Ave, Santa Monica, CA 90404 (WA and VT residents may omit return postage.) Requests for Official Rules must be received by May 22, 2007. All times and dates in these Official Rules are Eastern Standard Time.