THE JANSPORT PRESENTS "BATTLE OF THE BANDS: WIN A TRIP TO PLAY FORECASTLE FESTIVAL 2009" CONTEST IS INTENDED
FOR PARTICIPATION ONLY IN THE UNITED STATES (EXCLUDING ITS TERRITORIES, POSSESSIONS, AND MILITARY BASES
LOCATED OUTSIDE THE U.S.) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES
LAW. DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF
ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE OFFICIAL RULES
BELOW.
- ELIGIBILITY: The JanSport Presents "Battle of the Bands: Win a trip
to play Forecastle Festival 2009" Contest ("Contest" or "Promotion") is open to legal residents of who are
physically located in and currently residing in the fifty (50) United States and Washington D.C. ("U.S."),
age 18 or older at time of entry, except that employees, officers or directors of JanSport ("Sponsor"),
Forecastle, Sonicbids, their parents, affiliates, subsidiaries, agencies or independent contractors who are engaged
in the development, production or distribution of materials related to this Contest or the implementation
of this Contest, and members of the immediate families or households of each of the above are not eligible
to participate. All bands entering the Contest, including the band members individually ("Entrant") must
at the time of registration be unsigned and not subject to any exclusive or non-exclusive recording or
phonograph record-distribution agreements, or only signed to independent records labels which are not
distributed by so-called "major" record labels (currently Sony/BMG, Universal, Warner Brothers,
Capitol/EMI/Virgin, and any labels regularly distributed by any of these companies). Bands signed to a
so-called "major" record label are not eligible. Also, bands or individual band members who have won any
prior contest, competition, show(ing), or award are ineligible to participate in this Contest. The
song submitted must be original and must not have been previously publicly displayed or distributed,
nor submitted as an entry in any prior contest, competition, show(ing), or award.
- HOW TO ENTER: To enter during the Promotion Period, visit www.jansport.com/forecastle, or www.sonicbids.com/jansport. You must be a Sonicbids member to submit
an Entry on the latter website. Existing members will not be charged a fee to submit an Entry; new members
who submit via this entry method will receive a 1-month free trial membership to Sonicbids which will be
charged after the free trial period ends—unless membership is cancelled as directed on the site.
Complete the online registration form (and if necessary Electronic Press Kit (“EPK”) if entering via
Sonicbids.com) by providing your full name, City/State, age,
email address, telephone number and follow the instructions to create and upload to the site one (1)
original song in audio format only lasting six (6) minutes or less and no more than ten (10) MB; a recent
(taken not more than three months prior) color photograph of the band; and a band bio for all band members (collectively "Entry" or
"Submission"). Limit one (1) Entry per Entrant, regardless of entry method used. Any Entry submitted may be posted on-line, viewed and
used by Sponsor as provided herein and others interested in the Contest. If Sponsor receives multiple
Entries from the same Entrant, all but the first Entry shall be disqualified. Entries submitted in any
other medium, or sent through other on-line portals, agents or third parties will be disqualified.
Entrants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries.
Sponsor makes no warranty, representation or guarantee, express or implied, in connection with its
ability to in any way enable, develop or market the Entrant or their Entry. By entering the Contest, each
Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the
Sponsor and the Judges, which are final and binding on all matters relating to this Promotion.
- CONTENT TERMS OF ENTRY: Proof that you uploaded an Entry does not constitute proof or evidence that it
was received within the Promotion Period or eligible for the Contest. Sponsor reserves the right to
disqualify and/or remove any Entry in whole or in part for any reason within its sole and absolute
discretion provided it believes the Entry is not in the spirit of the Promotion or is not compliant
herewith, or will have a detrimental impact on Sponsor, Forecastle, this Promotion, or any of Sponsor's
products or services. Without limiting the foregoing, any obscene, offensive, sexual or otherwise
inappropriate Entry including without limitation those referencing or depicting violence, nudity or
explicit activity, or which are not in the spirit of the Contest or do not meet Sponsor's standards for
any reason, as determined by the Sponsor, in its discretion, will not be considered. If, based on the
Entry Materials, Sponsor determines in its absolute discretion that the band does not appeal to or align
with Sponsor's target audience or the overall band image would be detrimental to Sponsor's brands, Sponsor
reserves the absolute right to disqualify the band and Entry. Entries will not be returned.
By entering, each Entrant individually represents and warrants that:
- the entire Entry is an original work and contains no third-party trademarks and logos, or other third
party content not owned by Entrant or any other third party (without their written permission) in or in
connection with your Entry in whole or in part;
- no person or entity other than Entrant has any right, title or interest in any part of the Entry;
- the Entry, the use thereof by Sponsor (and authorized representatives), or the exercise by Sponsor of any
of the rights granted by Entrant under this Agreement, does not and will not breach, infringe or violate
any rights of any third party or entity, including, without limitation patent, copyright, trademark,
trade secret, defamation, privacy, publicity, false light, misappropriation, intentional or negligent
infliction of emotional distress, confidentiality, or any contractual or other rights;
- Entrants have all the rights, licenses, permissions and consents necessary to submit the Entry and to
grant all of the rights granted to Sponsor hereunder;
- each Entrant has reached the age of 18 or older at time of entry;
- all Entrants, and any other persons who were engaged by Entrants to work on the Entry or who appear in
the Entry in any manner have:
- given Entrants their express written consent to submit the Entry for Sponsor's use, exhibition and other
exploitation for promotional, advertising and marketing activities in any manner and in any and all media
(including but not limited to the World Wide Web and internet), whether now existing or hereafter
discovered, throughout the world, in perpetuity;
- provided written permission to include their name, image or pictures in or with the Entry (or if a minor
who is not your child, you must have the permission of their parent or legal guardian) and Entrant may be
asked by Sponsor to provide evidence of such permission in writing;
- no claims for payment of any kind, including, without limitation, for royalties or residuals, and no
other third party has any approval or consultation rights or any rights of participation arising out of
any use, exhibition or other exploitation of the Entry; and
- not been and are not currently under any union or guild agreement that results in any ongoing obligations
resulting from the use, exhibition or other exploitation of the Entry; and
- Entrants understand, recognize and accept that Sponsor has access to,
may create or has created materials and ideas which may be similar or identical to the Entry in concept,
theme, idea, format or other respects and Entrants agree to release Sponsor from any claims, actions and
liabilities relating thereto.
By entering, Entrants agree that: (i) all Entries will not be returned; (ii) Sponsor (and its authorized
representatives) have the unlimited right to alter and/or edit the Entry or any part or element thereof;
and (iii) Sponsor and its licensees, successors and assigns have the right to use any and all Entry, and
the names, likenesses, voices and images of all Entrants and persons appearing in the Entry, for future
advertising, promotion and publicity in any manner and in any medium now known or hereafter devised,
including without limitation on the World Wide Web and Internet, throughout the world in perpetuity.
At the time you send your Entry, in whole or in part, to Sponsor, and whether or not your Entry
is selected as a winner, Entrants grant to Sponsor an irrevocable right and license in and to the Entry,
in whole and in part, and all the intellectual property rights therein, through-out the world in
perpetuity, and further agree to execute all documents and perform all acts deemed necessary by Sponsor
to protect Sponsor's License in the intellectual property. You will not now nor in the future be paid for
your Entry or for granting Sponsor any of these rights. Sponsor, its affiliates, licensees,
successors and assigns are in no way obligated to use or continue to use an Entry (and have no obligation
to Entrant or any other person or entity after the Entry is received). Entrants waive all claims to and
shall receive no royalties of any kind now or in the future from Sponsor, Forecastle, their affiliates,
licensees, successors and assigns for use of the Entry, in whole or in part, including copyright,
trademark, public performance, digital sound recording, mechanical, synchronization or master use
royalties, and Entrants represent, warrant and agree that no other party is entitled to claim royalties
from the use of the Entry.
Please also be aware that the Entry may not be acknowledged and will not be received or held "in
confidence" and the Entry does not create a confidential relationship or obligation of secrecy between
Entrants and any of the entities involved in this Promotion. Entrants recognize that other persons may
have provided Sponsor or others, or made public, or may in the future submit, or make public, materials
that are the same or similar to the Entry. Entrants acknowledge and agree Sponsor shall have the right to
use such same or similar materials, and that Entrant will not be entitled to any compensation arising
from Sponsor's use of such materials.
By entering, Entrants acknowledge they have read, understood, accept and agree to be bound by the terms
and conditions of these Official Rules, as they may be amended from time to time. Entrants may not
resell, assign or transfer any of their rights under these Official Rules or as may be granted throughout
this Promotion. Entries that do not comply with all requirements stated in these Rules will not be
considered and will be disqualified.
- JUDGING CRITERIA/FINALIST & WINNER SELECTION: Phase 1: Entries will be judged by
a panel of qualified judges selected by Sponsor ("Judges") from among all eligible Entries received,
using the following criteria: Creativity and Originality (75%) and Excitement and Stage Presence
perceived in Entry (25%) ("Judging Criteria"). Eligible Contest Entries received during the Promotion
Period will be judged, according the Judging Criteria, by approximately September 30, 2008. The eight (8)
Entries with the highest scores will be declared the potential Finalists. In the event of a tie, the
Entry (among those tied) with the highest score in the Creativity and Originality category of the Judging
Criteria will be deemed the potential Finalist. Each eligible Finalist will be required to sign an
Affidavit of Eligibility, Liability & Publicity Release prior to being eligible for Phase 2 of the
Contest.
Phase 2: Finalist Entries will then be collected and posted on www.jansport.com/forecastle for public viewing, streaming
(i.e. "digital music transmission"), downloading (i.e. "digital music distribution") and voting. Visitors
to the Website will vote for their favorite bands based on their preferences/taste in music and the
voting rules posted on the Website from approximately October 15, 2008 through December 1, 2008.
Statistics and/or running tallies of votes will not be made public or posted on the site until final and
only after winner has been confirmed and verified, and finally approved by Sponsor.
All decisions by the Sponsor and Judges are final. Selection as a Finalist or Winner is contingent upon
verification of eligibility and compliance with all requirements herein. All Entrants hereby agree to
execute any and all additional documents requested by either Sponsor which may relate to performances,
events and/or usage rights (releases).
- PRIZE: Finalist Prizes (8): A JanSport® Prize Package for each Band member consisting
of a SuperBreak backpack, and a SuperBreak luggage set (all models, styles, sizes, colors and options
selected by Sponsor in its sole discretion). Approximate Retail Value ("ARV"): $500 each, per band member. Total ARV of each Finalist Prize will depend on the
number of band members. Grand Prize (1): winning band will be announced and will
perform at Halfway to Forecastle event ("Halfway Event"), and will also have the opportunity to perform
live at the 2009 Forecastle Festival, Louisville, KY ("Forecastle Festival") in approximately July 2009
(actual date, location, and all other details of the live performance(s) will be established by Sponsors
in its absolute discretion). Grand Prize consists of: Up to $5,000 (deposited with a travel agent
selected by Sponsor) to be used solely for travel, lodging (2 nights) and related expenses for all Band
members to travel to the Halfway Event (unused portion will not be awarded and any costs over the maximum
amount will be at the winners' cost and expense); roundtrip air transportation for all band members
to/from a major commercial airport near the band leader's legal residence and Louisville, KY; 4 day/3
night lodging (standard accommodations up to quadruple occupancy); ground transportation within
Louisville, KY to/from airport, hotel & event. ARV of Grand Prize: up to $6,000
total per band. ARV of prizes and individual prize elements may vary (lower or higher) depending on the
number of band members, and departure locations; any unused portion will not be awarded, as cash or
otherwise.
Grand Prize winning band must be available to take trips as reflected hereinabove on the dates
established by Sponsor, and must be available to and actually participate in all performances on the
dates and at locations established by Sponsor, or Grand Prize will be forfeited in its entirety
and an alternate winner will be selected and winner will forfeit any merchandise prizes already
won. All band members must travel together on the same itinerary. Band members must bring their
own instruments where possible. Accommodations and air transportation are subject to availability.
Certain restrictions and black-out dates may apply. Sponsor reserves the right to substitute prize, or
any prize elements, with a prize or element of equal or greater value. All travel arrangements must be
made through a travel agent selected by Sponsor. Winners who live within a 200-mile radius of Louisville,
KY hotel designated by Sponsor will not receive the air-transportation portion of the prize. Winners will
be responsible for all tips, gratuities, service charges, taxes, meals, ground transportation not
specified, hotel room service, laundry service, alcohol beverages, merchandise, souvenirs, local and
long-distance telephone calls, and any other incidental costs or expenses not identified in the Complete
Official Rules. It is each band member's sole responsibility to obtain and travel with the required
insurance and travel documents. In addition, each band member is responsible for any federal, state, and
local tax consequences and for compliance with all governmental reporting and payment requirements. For
purposes of issuing any required IRS Forms 1099, the value of each prize will be divided equally among
all members of the winning band. No transfer or substitution of travel elements will be permitted. Prizes
have no cash value. Actual value of prize may vary, depending on the number of travelers, point of
departure and time of travel.
Potential Finalists will be required to sign and return an Affidavit of Eligibility, Release of
Liability, and where legal, a Publicity Release (which document shall include
among other things obligations of confidentiality) for receipt by Sponsor (or authorized
representative) within date specified by Sponsor. In the event of noncompliance with these Official
Rules, if potential Finalist cannot be reached using the contact information provided on the Entry within
two attempts, or if the notification is returned as unclaimed or undeliverable, the prize and opportunity
to continue in the Contest will be forfeited and an alternate potential Finalist will be selected in
accordance with the next highest score. Prizes and opportunity to continue in the Contest are not
assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part,
except the Sponsor reserves the right to substitute a prize of comparable value. NEITHER SPONSOR NOR FORECASTLE MAKE ANY ASSURANCES, REPRESENTATIONS, WARRANTIES OR GUARANTEES
WHATSOEVER (EXPRESS OR IMPLIED) OF ANY KIND, INCLUDING THAT AN ENTRANT, FINALIST OR WINNER WILL RECEIVE
FUTURE CONTRACTS, SIGNINGS OR ANY OTHER BENEFIT, BUISNESS TRANSACTION, OR INCENTIVE OF ANY KIND BY VIRTUE
OF THEIR PARTICIPATION IN THIS CONTEST AND/OR PRIZE RELATED ACTIVITIES.
- GENERAL CONDITIONS: Sponsor has the right to verify Entrants' eligibility and
compliance with these Official Rules, and to disqualify any Entrant on the basis of its investigation.
Entrant, by submitting an Entry, in whole or in part, except where legally prohibited, grants permission
to Sponsor and its authorized representatives to each band members name, image, address (city and state),
photograph, voice, and/or other likeness for advertising, trade and promotional purposes without further
compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world
wide web, in perpetuity, without notice, consideration, review or approval. Personal data will be
processed in accordance with JanSport's Privacy Policy which can be located at http://www.jansport.com. Sponsor is not responsible for human error,
theft, destruction, or damage to Entries, or other factors beyond their reasonable control. If, for any
reason, the Contest is not capable of running as planned by reason of, but not limited to, tampering,
unauthorized intervention, fraud, technical or other failures or errors, or any other causes which
Sponsor deems, in its absolute discretion, could corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its absolute
discretion to cancel, terminate, modify or suspend the Contest and select the winner from entries
received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Sponsor
reserves the immediate right to disqualify any Entrant who, in Sponsor's discretion: (i) is not in
compliance with these Official Rules, (ii) tampers with the entry process, the Contest, or the Website;
or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, threatening, or other
inappropriate manner. Sponsor shall not be liable to Finalists or winner or any other person for failure
to supply the prize or any part thereof, by reason of the prize becoming for reasons beyond the
reasonable control of Sponsor or Forecastle unavailable or impracticable to award, or for any force
majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind
(whether legal or illegal), transportation interruption, civil disturbance, event cancellation, or any
other cause similar or dissimilar beyond Sponsor and/or Forecastle's control.
JanSport, Forecastle, Sonicbids, and their respective employees, officers, directors, agents, contractors,
representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors,
advertising/promotion agencies ("Released Parties") shall not assume any responsibility whatsoever for
delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including,
but not limited to lost, interrupted or unavailable network, server, Internet Service Provider (ISP),
website or other connections, availability or accessibility or miscommunications or failed computer,
satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect
or inaccurate capture or failure to capture information whether caused by site users, tampering, hacking,
or by any equipment or programming associated with or utilized in the Promotion, Entry, or other
information; the failure to capture any such information; or errors of any kind whether human,
mechanical, electronic, network or otherwise arising out of or relating to the Promotion, theft, loss,
destruction or damage to Entries, in whole or in part, or other factors beyond their reasonable control.
Once submitted, Entry cannot be modified, deleted or cancelled. Released Parties are not responsible for
injury or damage to participants' or to any other person's computer related to or resulting from
participating in the Promotion or downloading materials from or use of the web site. Persons who tamper
with or abuse any aspect of the Promotion or website, as solely determined by Sponsor, will be
disqualified. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN
ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF
THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE). Entrants may not enter with
multiple e-mail and/or street addresses, nor may Entrants use any other device or artifice to submit more
than one (1) Entry. Entrants who use fraudulent entry methods, or otherwise attempt to participate with
multiple e-mails and/or addresses under multiple identities, or use any device or artifice to enter will
be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the email
address used to enter will be deemed to be the person who made the Entry. The authorized "account holder"
is the natural person assigned an email address by an Internet access provider, online service provider
or other organization responsible for assigning email addresses for the domain associated with the
submitted address.
- LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, ENTRANTS AGREE SPONSOR,
FORECASTLE, SONICBIDS, THEIR AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS,
ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
REPRESENTATIVES AND AGENTS ("RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE
RELEASED AND HELD HARMLESS BY ENTRANTS FOR ANY ALLEGED AND/OR ACTUAL CLAIMS, LIABILITIES, OR CAUSES OF
ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR
DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE
FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF
THEIR ENTRY (IN WHOLE OR IN PART) OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY (INCLUDING
BUT NOT LIMITED TO TRAVEL TO, PREPARATION, AND PARTICIPATION IN EVENTS), WHETHER OR NOT CAUSED BY THE
NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE
PROMOTION WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE ABOVE REFERENCED LIMITATIONS OR EXCLUSIONS, IN
WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW IN THE RELEVANT
JURISDICTION.
- CHOICE OF LAW: Any and all disputes, claims, and causes of action with Sponsor
arising out of or connected with this Promotion, other than determination or validity of claims, shall be
resolved individually, and exclusively by arbitration by a one-judge neutral arbitration panel to be held
in San Leandro, California, U. S. A. and U.S. and California law shall be the law applicable to this
Promotion, regardless of conflict of laws. Any and all claims, judgments, and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but
in no event attorneys' fees. Participants hereby waive all rights to (i) claim or be awarded any
punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for
actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased.
- WINNERS LIST: For winner's name, contact Sponsor by mail at the address below
addressed to attention: Winner's List Request for receipt by September 30, 2008. Winning band will be
posted on the www.jansport.com.
- SPONSOR: JanSport, a division of VF Corporation, 2011 Farallon Drive San Leandro, CA
94577.
