COMPLETE OFFICIAL RULES

THE JANSPORTPRESENTS “BATTLE OF THE BANDS: WIN A TRIP TO PLAY FORECASTLE FEST 2010” 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.

NO PURCHASE OR ENTRY FEE PAYMENT NECESSARY TO ENTER OR WIN. INTERNET ACCESS IS REQUIRED TO ENTER. You have not yet won. Void where prohibited or restricted by law. This Contest begins at or about 12:00:01 a.m. Eastern Time (“ET”) on or about July 1, 2009 and ends at 11:59:59 p.m. ET on July 31, 2009 (“Promotion Period”). All time referenced herein is Eastern time. Sponsor’s Administrator’s clock is the official time keeping device for this Promotion.

1. ELIGIBILITY: The JanSport Presents “Battle of the Bands: Win a trip to play Forecastle Fest 2010” 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 (“Administrator”), 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 submitted as an entry in any prior contest, competition, show(ing), or award.
2. HOW TO ENTER: To enter during the Promotion Period, visit www.sonicbids.com/jansport (the “website”). You must be a Sonicbids member to submit an Entry on the website (you need not be a member to vote on an Entry). Existing Sonicbids members will not be charged a fee to submit an Entry; new members seeking to submit an entry to the JanSport Batttle of the Bands Competition on Sonicbids, will receive a 1-month free trial membership to Sonicbids. After one month, if the new member does not cancel the membership, they will be charged as directed on the site. Complete the online registration by submitting an Electronic Press Kit (“EPK”) at the website) 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. Any Entry submitted may be posted on-line, viewed and used by Sponsor, Administrator and others interested in the Contest as provided herein and as may be provided in such parties’ applicable Terms of Use of the website, or other terms and conditions of which Entrant has notice.. If Administrator 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, Administrator and the Judges, which are final and binding on all matters relating to this Promotion.
3. 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:

   1. 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;
   2. no person or entity other than Entrant has any right, title or interest in any part of the Entry;
   3. 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;
   4. 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;
   5. each Entrant has reached the age of 18 or older at time of entry;

   6. 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:

      1. 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, for a period of five (5) years;
      2. 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;
      3. 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
      4. 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
      5. 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 for a period of five (5) years.

   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 for a period of five (5) years, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’ 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, Sonicbids, 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 be disqualified.

4. JUDGING CRITERIA/FINALIST & WINNER SELECTION:

   Phase I: Entries will be posted on www.sonicbids.com/jansport 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 August 3, 2009 through August 31, 2009. Statistics and/or running tallies of votes will not be made public or posted on the site until final and only after twenty-five (25) Semi-Finalists have been confirmed and verified, and finally approved by Sponsor and Administrator.

   Phase II: Subject to verification and review by Sponsor, Semi-Finalist Entries will be reviewed and judged by Sponsor in accordance with the following criteria: musical talent (75%) and perceived artistic presence and appeal (25%) that best reflect JanSport’s brand image. Five (5) Finalists will be announced on or about September 10, 2009.

   Phase III: Between September 15, 2009 through October 15, 2009, Finalists will be judged by public vote in accordance with the following criteria: musical talent (75%) and perceived artistic presence and appeal (25%). The final public voting will be held among all Finalists to select one (1) winning band as the potential Grand Prize winner which will be announced at the Halfway to Forecastle event in January 2010.

   In the event of a tie in Phase I or III, the tie will be broken (among tied Entries) as the highest score in the musical talent category, and if a tie still exists the first (among tied entries) in time to receive the tied score, subject to verification. Administrator’s computer/clock/server shall be the deciding time keeping device for this Promotion. Each eligible member of the Grand Prize winning band will be required to sign an Affidavit of Eligibility, Liability & where legal Publicity Release.

   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 and/or Forecastle which may relate to performances, events and/or usage rights (releases).

5. PRIZE: Finalist Prizes (5): A JanSport® Prize Package for each Band member consisting of a Right Pack 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 2010 Forecastle Festival, Louisville, KY (“Forecastle Festival”) in approximately July 2011 (actual date, location, and all other details of the live performance(s) will be established by Sponsor 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 Events (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 Event 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 Grand Prize winner (each band member) 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 Grand Prize winner 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 Grand Prize winner 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. SPONSOR, SONICBIDS, AND FORECASTLE MAKE NO ASSURANCES, REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED), 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.

6. 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, and biographical information 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 and Sonicbids Privacy Policy at http://sonicbids.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, rude, 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.

7. LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY AND/OR ACCEPTING A PRIZE, ENTRANTS, SEMi-FINALISTS, FINALISTS AND WINNERS 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 WEBSITE 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.
8. CHOICE OF LAW: Any and all disputes, claims, and causes of action with Sponsor (or its authorized representatives) 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.
9. WINNERS LIST: For Finalists’ and Grand Prize winners’ name, contact Sponsor by mail at the address below addressed to attention: Winner’s List Request for receipt by October 15, 2009. Winning band will be posted on www.jansport.com and/or www.sonicbids.com/jansport.
10. SPONSOR: JanSport, a division of VF Corporation, 2011 Farallon Drive San Leandro, CA 94577.