JanSport Battle of the Bands 2014

JanSport Presents "Battle of the Bands" Contest
COMPLETE OFFICIAL RULES
THE JANSPORT "BATTLE OF THE BANDS" CONTEST IS INTENDED FOR PARTICIPATION ONLY IN THE FIFTY 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. VOID WHERE PROHIBITED OR RESTRICTED BY 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.
INTERNET ACCESS IS REQUIRED TO ENTER. You have not yet won. Only bands who have previously submitted through Sonicbids for opportunity to perform at SXSW 2014 are eligible. Note that an application fee of $30 to $45 (for entries received on or after July 8, 2013) is required by South by Southwest ("SXSW") from all bands submitting to play SXSW; thereafter these bands will receive a communication to enter the JanSport contest (without additional charge/fee) and one (1) winning band will have the opportunity to play at the Sonicbids Official SXSW Party presented by JanSport in Austin, TX in 2014. SXSW is not a sponsor of nor otherwise affiliated with this contest, other than providing the aforementioned venues.
This Contest begins at or about 12:00 p.m. Eastern Time ("ET") on November 22, 2013 and ends at 11:59 p.m. ET on February 12, 2014 ("Promotion Period"). All time referenced herein is Eastern Time. Sponsor's administrator's server/computer is the official time keeping device for the Promotion.
ENTRY PERIOD: All entries must be received by Sponsor between 12:00 pm ET on November 22, 2013 through 11:59 pm ET on December 6, 2013 ("Entry Period").
INITIAL JUDGING PERIOD: Initial judging of all eligible entries received will be done by a panel of judges selected by Sponsor January 4, 2013 through January 9, 2013 ("Initial Judging Period"). Sponsor will select one-hundred (100) semi-finalists. Semi-finalists entries will be subject to public viewing and public voting during the Public Voting Period.
PUBLIC VOTING PERIOD: Between 12:00 noon ET on January 10, 2014 through 11:59 pm ET on February 12, 2014 eligible Semi-finalist entries will be subject to public voting ("Public Voting Period") to select ten (10) finalists.
FINALIST JUDGING PERIOD: Finalists will be revealed to the public beginning on or around February 13, 2014. Finalist judging will be held by Sponsor from February 14 through February 17, 2014 ("Finalist Judging Period") to select one (1) winning band.
1. ELIGIBILITY: The JanSport Presents "Battle of the Bands" Contest ("Contest" or "Promotion" [DL: Pick one defined term and use it consistently]) is open to legal residents 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 and who have submitted an application to play South by Southwest, except that employees, officers or directors of JanSport [use full legal entity name] ("Sponsor"), South by Southwest, [use full legal entity name I believe it is SXSW, Inc.] Sonicbids Corporation ("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 Music/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 to enter. Sponsor reserves the right to determine, in its sole and absolute discretion, whether a label is a major label for purposes of this Contest.
2. HOW TO ENTER: To enter during the Promotion Period, bands must first have submitted an application to play SXSW through Sonicbids, at www.sonicbids.com/sxsw (the "website"). Note SXSW requires an application fee of $30 to $45 (depending on the date of the artist's submission). After your registration is complete, you will be eligible to submit to the JanSport Battle of The Bands with no submissions fee. Online registration instructions will be automatically sent to you upon completion of your SXSW submission. Complete the online registration by submitting an Electronic Press Kit ("EPK") at the website and follow the instructions to select and upload to the site one (1) original song that you wish to be judged in the Contest. Song should be in audio format only, lasting six (6) minutes or less and no more than ten (10) MB. Also submit a recent (taken not more than three months prior) color photograph of the band and a band bio for all band members. EPK, original song, bio and photo comprise the Entry (collectively "Entry" or "Submission"). Limit one (1) Entry per Entrant/Band. Any Entry submitted may be posted on-line, viewed and used by Sponsor and Administrator 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, delayed, 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. Entries will not be returned.
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 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, SXSW, 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 sole and absolute discretion, will not be considered.
By entering, each Entrant individually represents and warrants that:
(i) the entire Entry is an original work and contains no third-party content or other intellectual property rights 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;
(ii) no person or entity other than Entrant has any right, title or interest in any part of the Entry;
(iii) the Entry, the use and performance, or any element 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, in whole or in part;
(iv) 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;
(v) each Entrant is at least 18 years of age at time of entry;
(vi) 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:
a. 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;
b. provided written permission to include their name, image or pictures in or with the Entry and Entrant may be asked by Sponsor to provide evidence of such permission in writing;
c. 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
d. 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
(vii) 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 irrevocable right and license to commercially use, exploit, display, distribute, publish (and create derivative works) of any and all Entry (in whole or in part), 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 through December 31, 2014.
At the time you send your Entry, in whole or in part, to Sponsor, if your Entry is selected as a winner, Entrants grant to Sponsor a fully-paid, irrevocable, exclusive right and license through December 31, 2014 to publish, use, edit, display, reproduce, prepare derivate works of, distribute, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world any or all of the content in your initial entry, including without limitation all musical and lyrical compositions and sound recordings, in any manner, form or format now known or hereinafter created, including on the internet without payment or further notice to or approval from the Entrant without territorial, time, or other limitations, for any and all purposes, including, but not limited to, marketing, advertising, and promotional purposes. Entrants 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, Sonicbids, SXSW, 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.
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: INITIAL JUDGING PERIOD: Initial judging of all eligible entries received will be done by a panel of judges selected by Sponsor January 4, 2014 through January 8, 2014 ("Initial Judging Period"). Sponsor will select one-hundred (100) semi-finalists. Semi-finalists entries will be subject to public viewing and public voting during the Public Voting Period.
Phase II: PUBLIC VOTING PERIOD: Semi-finalist Entries will be posted on http://jansport.sonicbids.com 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 12:00 noon on January 10, 2014 through 11:59 pm ET on February 12, 2014. Public vote will select ten (10) Finalists. Statistics and/or running tallies of votes will not be made public or posted on the site until final and only after ten (10) Finalists have been confirmed and verified, and finally approved by Sponsor and Administrator.
Phase III: FINALIST JUDGING PERIOD: Subject to verification and review by Sponsor, between February 13, 2014 through February 17, 2014 Finalists 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 voice. Sponsor reserves the right to determine in its absolute discretion whether each Entrant and each Entrants submission appeals to or aligns with Sponsor's target audience or the overall band image.
One (1) band will be announced on or about February 17, 2013 as the potential Grand Prize winner, subject to verification and compliance with these official rules.
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 and 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 or SXSW which may relate to performances, events or usage rights (releases).
5. PRIZE: Finalist Prizes (10): A JanSport Prize Package for each Band member consisting of a Right Pack backpack, and travel piece (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): 3 day/2 night trip for the Grand prize winning band to: (i) Austin, Texas, and the opportunity to play at the Sonicbids Official Party at SXSW 2013 presented by JanSport in Austin, TX (anticipated but not guaranteed to be during March 2013). Actual dates, locations, and all other details of the live performances are subject to change and will be finally established by Sponsor in its absolute discretion. Grand Prize consists of: Up to $5,000 to be used solely for trip (unused portion will not be awarded and any costs over the maximum amount will be at the winners' cost and expense) which consists of: roundtrip air transportation for all band members to/from a major commercial airport near the band leader's legal residence and Austin, TX, or alternative transportation arrangements to be approved at the sole discretion of the Sponsor; 2 nights lodging (standard accommodations up to quadruple occupancy); ground transportation within Austin, TX to/from airport, hotel and event. In addition, Grand prize winning band may, in Sponsor's sole and absolute discretion without obligation, be provided an opportunity to be considered as a contributor to Sponsor's music blog, Unzipped, once a month for up to 12 months or the opportunity to be considered for a slot on Sponsor's compilation CD (promotional value only). Total ARV of Grand Prize: up to $5,000 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 actually participate in 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 based on the above judging criteria 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 Austin, TX hotel designated by Sponsor will not receive air-transportation as part of the prize but may be reimbursed for reasonable gas expenses incurred in travelling to/from event (subject to presentation of valid receipts). Winners will be responsible for all tips, gratuities, service charges, taxes, meals, ground transportation not specified, hotel room service, laundry service, alcoholic 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 except as authorized by Sponsor in its sole and absolute discretion. Prizes are not redeemable for cash. Actual value of prize may vary, depending on the number of travelers, point of departure and time of travel. Any unused portion will not be awarded as cash or otherwise.
Potential Grand Prize winners (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. Further, potential Grand Prize winners will be required as part of the verification and prize award process to provide a perpetual, irrevocable, world-wide royalty-free license for one original song from the EPK for use by Sponsor for commercial and branding purposes and agree to execute any and all documents in furtherance thereof. Only the winning band, however, will be required to grant this license to 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 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 AND SONICBIDS, 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, BUSINESS TRANSACTION, OR INCENTIVE OF ANY KIND BY VIRTUE OF THEIR PARTICIPATION IN THIS CONTEST 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, delay, 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 for any reasons, including 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 or these rules 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 (or winner) who, in Sponsor's discretion: (i) is or becomes 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 at any time. 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 SXSW 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, inclement or unusually severe weather, event cancellation or modification, or any other cause similar or dissimilar beyond Sponsor and/or SXSW's control.
Sponsor, SXSW, 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") 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, incompatible, 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 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 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 OR ACCEPTING A PRIZE, ENTRANTS, SEMI-FINALISTS, FINALISTS AND WINNERS AGREE THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANTS FOR ANY ALLEGED AND 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 LOSS OR 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 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 MAXIMUM EXTENT PERMITTED BY LAW.
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: BOTB Winner's List Request for receipt by February 29, 2014. Winning band will be posted on http://jansport.sonichub.com
10. SPONSOR: JanSport, a division of VF Corporation, 2011 Farallon Drive, San Leandro, CA 94577.