Rules

Artists:

Battle Of The Bands is 100% free to enter!

To enter Battle Of The Bands, artists must complete a short informational profile and then upload at least one MP3. Entrants should use the Promotional Toolkit provided on each band profile, to promote their entry all over the web and drive traffic to their profile.

The Top 100 Buzz Rated artists for each tour stop will be eligible to win a slot to play live. All 100 artists will be reviewed by a panel of industry professionals comprised of our partners, Uproar Festival and Ernie Ball Inc. One artist per venue will be selected to play live at that particular venue.

What is Buzz Rating?

Buzz Rating is a proprietary system developed by Ernie Ball. Buzz Rating gives you a real time snap shot of each band's overall exposure level. Taking into account both viral reach and real world factors that produce a 1-100 rating system giving you an accurate reading on each band's relevance within the industry. Buzz Rating also calculates Fan votes as an overall % of each bands rating.

In order to BOOST your Buzz Rating make sure your profile is complete and you have a valid link to your bands public Facebook profile. 3 weeks prior to each venue date our judges will review the music for the top 100 Buzz Rated bands for that particular venue. Each band, 1-100, will have an equal chance of being selected to play.

Facebook Comments:

Promoting your band on other participant's comments section is strictly prohibited. You may NOT use the participant's profiles for promotional purposes.

If this proceeds to happen, you will be banned from making any comments anywhere on the Battle Of The Bands website for the remainder of the contest.

Fans:

Show your support for your favorite artist by going to their page and clicking the "Vote For This Band" button.

Other ways to show your support would be to "Like" their Facebook Fan Page, Tweet about them on Twitter, or play their songs on the Battle Of The Bands band profile to help boost their rating.

ERNIE BALL MUSIC MAN "BATTLE OF THE BANDS" Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Ernie Ball Music Man "Battle of the Bands" (the "Contest") is open only to legal residents of the fifty (50) United States, the District of Columbia and Canada who are at least thirteen (13) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest and who have NOT within the last three (3) years, signed or been bound by a recording or similar contract with a record company or other third party who represents more than one artist or band. Employees of Ernie Ball Music Man ("Sponsor"), Rockstar Energy Drink, NRG Recording Services, Inc., Loudwire.com, Revolver Magazine, Lisa Johnson, (collectively, "Promotional Partners"), Synergy Global Entertainment, and their parent entities, subsidiaries and affiliated companies, advertising, promotion, or production agencies, Web masters and Web suppliers, any companies who are promotional participants or prize providers are not eligible to participate. The Contest is subject to all applicable federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.

2. Sponsor: Ernie Ball Inc., 53973 Polk Street, Coachella, CA 92236. Administrator: Synergy Global Entertainment, 26052 Merit Circle, #107, Laguna Hills, CA 92563.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on July 1, 2013 at 12:00 a.m. Eastern Time ("ET"), ends on September 2nd at 12:00 a.m. Eastern Time ("ET") (the "Contest Period") and consists of four (4) phases based on local market (each a "Local Market") as set forth in the chart below.

LOCAL MARKET & VENUE SUBMISSION DEADLINE (11:59 p.m. CT) FAN VOTING ENDS AT (11:59 p.m. CT) LOCAL FINALIST NOTIFICATION ON/AROUND LOCAL MARKET TOUR DATE
Scranton, PA
Toyota Pavillion at Montage Mountain
7/19/13 7/24/13 7/26/13 8/9/13
Hartford, CT
The Comcast Theatre
7/20/13 7/25/13 7/27/13 8/10/13
Darien Center, NY
Darien Lake Performing Arts Center
7/21/13 7/26/13 7/28/13 8/11/13
Saratoga Springs, NY
Saratoga Performing Arts Center
7/23/13 7/28/13 7/30/13 8/13/13
Mansfield, MA
Comcast Center
7/24/13 7/29/13 7/31/13 8/14/13
Bristow, VA
Jiffy Lube Live
7/26/13 7/31/13 8/2/13 8/16/13
Holmdel, NJ
PNC Bank Arts Center
7/27/13 8/1/13 8/3/13 8/17/13
Wantagh, NY
Nikon at Jones Beach Theater
7/28/13 8/2/13 8/4/13 8/18/13
Toronto, ON
Molson Canadian Amphitheatre
7/30/13 8/4/13 8/6/13 8/20/13
Tinley Park, IL
First Midwest Bank Amphitheatre
8/1/13 8/6/13 8/8/13 8/22/13
Noblesville, IN
Klipsch Music Center
8/2/13 8/7/13 8/9/13 8/23/13
Clarkston, MI
DTE Energy Music Theater
8/3/13 8/8/13 8/10/13 8/24/13
Dallas, TX
Gexa Energy Pavillion
8/7/13 8/12/13 8/14/13 8/28/13
Albuquerque, NM
Isleta Amphitheatre
8/10/13 8/15/13 8/17/13 8/31/13
Englewood, CO
Fiddler’s Green Amphitheatre
8/11/13 8/16/13 8/18/13 9/1/13
Salt Lake City, UT
USANA Amphitheatre
8/12/13 8/17/13 8/19/13 9/2/13
Nampa, ID
Idaho Center Amphitheater
8/15/13 8/20/13 8/22/13 9/5/13
George, WA
The Gorge Amphitheatre
8/17/13 8/22/13 8/24/13 9/7/13
Ridgefield, WA
Sleep Country Amphitheater
8/18/13 8/23/13 8/25/13 9/8/13
Mountain View, CA
Shoreline Amphitheatre
8/21/13 8/26/13 8/28/13 9/11/13
Phoenix, AZ
Desert Sky Pavillion
8/23/13 8/28/13 8/30/13 9/13/13
Chula Vista, CA
Sleep Train Amphitheatre
8/25/13 8/29/13 8/31/13 9/14/13
Irvine, CA
Verizon Wireless Amphitheater
8/26/13 8/30/13 9/1/13 9/15/13

Sponsor's computer is the official time-keeping device for the Contest.

5. How to Enter: Visit battle.rockstaruproar.com (the "Site"), and follow the links and instructions to select a Local Market (as listed in the chart above) and complete the registration information, including naming a band lead and all band members (or yourself, if a solo act), a valid email address, and phone number where you/the band can be contacted. The band (or yourself, if a solo act) will collectively be deemed the "entrant", with the band lead (if applicable) named as the Primary Contact. No substitution of band members is allowed at any time during the Contest. Upon completion of the registration information, follow the directions to upload a minimum of one (1) and a maximum seven (7) original songs of yourself/your band (either in video or MP3 format), and a minimum of one (1) and a maximum of fifteen (15) photos of yourself/your band, collectively referred to as your submission ("Submission"). For song/s in video format, song/s must be first uploaded and available on www.youtube.com, with the YouTube video link included as part of the Submission. Video links must remain available on YouTube throughout the Contest Period. In the event that a Submission contains a video link that is not valid or cannot be found, that video portion of the Submission will not be considered as part of the Submission, determined by Sponsor in its sole discretion. Sponsor is not responsible for YouTube functionality. Please Note: You must have a valid YouTube account and agree to the YouTube Terms of Use, located at http://www.YouTube.com/t/terms, and the YouTube Privacy Policy, located at http://www.youtube.com/t/privacy, in order to be eligible to enter. Registration on YouTube must be completed before a video can be submitted. YouTube membership is free. Please Note: Notwithstanding entrant’s registration form indicating proximity to a particular Local Market closest to the artist/band’s residence, Sponsor reserves the right to determine, in its sole discretion, which Local Market an entrant will be placed based on entrant’s geographic proximity to one of the Local Market cities. By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.

Song & Photo Guidelines:

  • • For song portion of Submission, songs must be in MP3 format with each song in a separate file no larger than 15 MB or in compliance with YouTube functionality and restrictions; and

  • • For photo portion of Submission, color photos of the artist/band must be in .JPG, PNG or .GIF format.

Content Restrictions:

  • • The Submission must be produced and composed by the artist or one or more of the band members and must be original works, all rights to which must be owned solely by the artist/band or band members performing them, and may not infringe upon the copyrights, trademarks, rights of privacy, publicity, or any other intellectual property or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, audio recordings, images that belong to others, images of other people, quotes from other people, or parodies of other people);

  • • The Submission must not disparage Sponsor, Administrator, Promotional Participants or any other person or party affiliated with the Contest;

  • • The Submission must not contain brand names or trademarks other than those owned by Sponsor or Promotional Participants provided on the Site ("Licensed Content") which entrant has a limited, non-exclusive, non-transferable license to use for the sole purpose of incorporating in his/her Submission in this Contest (any and all other rights and license to use the Licensed Content are strictly prohibited);

  • • The Submission may not contain any individuals other than the entrant, unless entrant has secured from such individuals (parent/legal guardian if a minor in his/her state of residence), written permission to include such individuals in the entry and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;

  • • The Submission must be non-confidential;

  • • The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;

  • • The Submission must not feature gratuitous violence, dangerous stunts, real weapons of any kind, drug use, material that is hateful or defamatory, slanderous or libelous, or that promotes bigotry, racism or harm against a group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

  • • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Any artist/band member who becomes a Semi-Finalist (defined below), Finalist (defined below), or Grand Prize Winner (defined below) must agree not to sign or become bound by a recording or similar contract with a record company or other third party who represents more than one artist or band prior to November 1, 2013.

Limit: Each entrant may upload one (1) Submission by the applicable Submission deadline (as listed in the chart above). Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without further payment, notification, permission or other consideration. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. You acknowledge that, by entering your Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor is not responsible for the content of the Submission.  You are solely responsible for the content of your Internet Entry. Posting of a Submission on the Site is not verification that the Submission is a qualifying entry. Before being judged, all Submissions will be reviewed for content. Sponsor makes the final determination as to what submissions are eligible to take part in the Contest. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.

6. Winner Determination: Winners will be determined according to the process set forth below.

  • Fan Voting and Semi-Finalist Determination: After upload on the Site, each Submission will be available for fan (each a "Fan") voting. Persons who are legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry will be eligible to register as a Fan on the Site and vote for the Submission they believe has the most public appeal. The one hundred (100) Submissions that receive the highest number of Fan votes (each a "Semi-Finalist") will move on to the Finalist Judging Phase, as defined below. Each vote each Submission gains will also go towards that Submission’s score in the Public Appeal category of the judging criteria, as listed below. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.

  • Finalist Judging: After the Fan Voting conclusion for each Local Market, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) Finalist for each Local Market (the "Finalists") from among all Semi-Finalists based on the following criteria ("Judging Criteria"):

    • • Originality of material;
    • • Songwriting skills;
    • • Sense of innovation;
    • • Quality of performance; and
    • • Public Appeal
  • The Judging Criteria will be equally weighted. In the event of a tie, the Semi-Finalist whose Submission received the highest score for Originality of material, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to not select a Finalist in any Local Market, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. The next highest-scoring Submission will be deemed the Alternate Finalist, and may be deemed as the Local Market Finalist in the event that the initially selected Local Market Finalist is disqualified or not able to participate for any reason.

  • Grand Prize Winner Judging and Selection: Subject to the Finalist’s compliance with these Official Rules, each Finalist artist/band will be invited to perform at their applicable Local Market Venue, on the Local Market tour date (the "Finalist Performance"). Each Finalist will be invited and must be able to perform (such performance to consist of at least three (3) songs but not more than six (6) songs, including the two (2) songs originally submitted to the Contest, to consist of a set not exceeding twenty (20) minutes in duration) in such Local Market Finalist Performance (all travel, room and board, meals and living expenses for Finalists to attend and participate in the Finalist Performance will be borne solely by each Finalist artist/band). All transportation and travel expenses are solely the responsibility of the Finalists. Artists/bands traveling in connection with the Contest must agree to travel on dates specified by Sponsor (travel dates are subject to change). All traveling artists/bands must execute a Release of Liability prior to ticketing and must possess required travel documents (such as valid photo identification) prior to departure. If any Finalist is not able to attend the Local Market Finalist Performance as designated by Sponsor, such Finalist shall be disqualified and the Alternate Finalist awarded the space in the applicable Local Market Performance. A panel of qualified judges determined by Sponsor in its sole discretion will select the potential Grand Prize winner with the highest-scoring Finalist Performance from all Finalists based on an application of the Judging Criteria, as listed above, with the exception of the Public Appeal category which will not be considered as part of the Grand Prize winner determination. Finalists and Grand Prize Winner may be disqualified at the Sponsors’ sole discretion at any time during the Contest if any artist/band member has been convicted of, or is under indictment for, any criminal act, or if any artist/band member takes action against Sponsor or makes disparaging statements about Sponsor or its products. All artists/bands selected as Local Winners and Grand Prize Winners will be required to sign Sponsor's agreements, not inconsistent with these Rules, before being permitted to perform at events.

7. Winner Requirements: Potential Finalist winners will be notified by email or phone on or around the dates listed in the chart above in Section 4, and the potential Grand Prize winner will be notified by email or phone on or around November 15th 2013. Except where prohibited, each potential Finalist and Alternate Finalist member and Grand Prize winner member (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a signed and notarized Eligibility Affidavit & Release of Liability/Publicity Release Form (hereinafter "Affidavit & Release"), which must be received by Sponsor within three (3) days of the date notice or attempted notice is sent, in order to claim his/her standing and associated prize. Failure of any member of a Finalist or Alternate Finalist group to complete and return an Affidavit & Release will result in disqualification of the entire Finalist or Alternate Finalist group, and an Alternate Finalist will be selected. The Affidavit & Release will be sent to the Primary Contact for the Finalists and Alternate Finalists via email to the email address submitted upon Contest entry. In order to be eligible for any prizes the Affidavit & Release requires all Finalists and Alternate Finalists to agree to participate in all phases of the Contest and in any public relations events for the Contest. The failure to return the signed and notarized Affidavit & Release within three (3) business days of receipt, or the return of any documents as undeliverable, or finding that a potential winner is ineligible or not in compliance with these Rules will result in the disqualification of all band members from the Contest. If documents are not returned on a timely basis, or if prize or prize notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate winner, provided sufficient time remains to verify alternate winner, otherwise prize will not be awarded. By signing the Affidavit & Release, each artist/band member warrants and certifies, among other things, that (1) they are in compliance with the Rules, (2) songs submitted are his/her/their original works, and (3) within the last three (3) years no band members have signed or been bound by a recording or similar contract with a record company or other third party who represents more than one artist or band. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission 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 Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach or alleged breach of these terms or your conduct in creating your entry or otherwise in connection with this Competition.

8. Prizes: ONE (1) GRAND PRIZE: The opportunity to work with Jay Baumgardner (subject to availability) at a NRG Studios in Los Angeles to produce an EP.

In addition, Grand Prize winning band will receive $10,000 worth of music gear(exact products to be determined), a professional photoshoot with photographer Lisa Johnson, exclusive editorial feature in Revolver Magazine, featured content on Loudwire.com, one-year supply of Ernie Ball strings (up to 144 sets per entire band), , and a one-year supply of Rockstar Energy Drink. The Grand Prize winning band will also have the opportunity to play live on the 2014 Rockstar Energy Drink UPROAR Festival, for a minimum of twenty (20) shows with $250 compensation for each show performed during the 2013 tour. All expenses, travel, and any other cost associated with performing at the 2014 Rockstar Energy Drink UPROAR Festival are solely the responsibility of the winning band.

Total ARV for Grand Prize: $75,000.00

TWENTY-THREE (23) FINALIST PRIZES: All expenses, travel and any other cost associated with performing at the Local Market tour dates are solely the responsibility of the Finalists. Winning Finalist band must elect a parent/guardian to act as a chaperon and travel companion at winner’s sole expense in the event that any winning band member is a minor in his/her state of residence. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Sponsor reserves the right in its sole discretion to suspend or cancel the participation of any winner due to noncompliance with any security procedure or inappropriate behavior or misconduct. Sponsor is not responsible if a Local Market tour date is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.

For all Prizes: Unless otherwise noted, each prize element is limited to a single prize per entire artist/band. Prize will be awarded to the entrant identified at the time of Submission as the Primary Contact and all decisions concerning prize allotment among band members will be at the discretion of such entrant. Released Parties (as defined in Section 9) have no responsibility in the event of a dispute among band members regarding division of any prize or award. Prizes is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are solely responsible for all taxes and fees associated with prize receipt and/or use.

9. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Administrator., Rockstar Energy Drink, NRG Recording Services, Inc., Revolver Magazine, Loudwire.com, Lisa Johnson, the producers and judges of any Competition event, their respective parents, subsidiaries, affiliated companies, marketing and other agencies, and their respective directors, officers, employees, agents, licensees and assigns (collectively, "Released Parties") against any and all claims, liability, losses or damages of any kind to persons, including death, or property without limitation arising out of or in connection with, in whole or in part, directly or indirectly, his or her participation in this Contest or Contest-related activity, or for any injury, including death, or damage caused, or claimed to be caused, by use or redemption of any prize, or for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITEOR DOWNLOADING FROM www.Rockstaruproar.com/battleofthebands AND/OR PRINTING MATERIAL DOWNLOADED FROM WWW.ROCKSTARUPROAR.COM/BATTLEOFTHEBANDS OR ANY OTHER WEB SITE ASSOCIATED WITH THIS COMPETITION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in Orange County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

13. Entrant's Personal Information: By participating in this Contest, you acknowledge and agree that Sponsor may collect the personal information submitted by you, and use the information pursuant to Sponsor’s privacy policy available at http://www.ernieball.com/privacy_policy. Notwithstanding the foregoing, please note that Sponsor is collecting your personal information solely for the purposes of administering the Contest and sending you communications concerning this and future Contest and Uproar Festivals.

14. Winner List and Official Rules: For names of Finalists for Local Market Performances, visit http://battle.Rockstaruproar.com between August 1, 2013 and September 15, 2013. For the name of the Grand Prize Winner, visit http://battle.Rockstaruproar.com between September 15, 2013 and November 15, 2013 The Official Rules will be available on http://battle.Rockstaruproar.com/info/ during the entire Competition from June 3, 2013 through October 15, 2013.

© 2013 Synergy Global Entertainment. All rights reserved.