Fender Road Worn
OFFICIAL RULES 

NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE CHANCE OF WINNING.

Please read the following Official Rules carefully before deciding whether to submit your entry to the Fender Road Worn Competition (“Contest”) via this website (“Website”), which is made available to you by Fender Musical Instruments Corporation (“Fender” or “Sponsor”) and its third party contractor, FameCast, Inc. (“FameCast”).

By entering into the Contest outlined below, you are entering your submission for judging in the Contest and entering into an electronic contract with Fender to be bound by the following Official Rules governing the Contest.  In addition, you are agreeing to the Terms & Conditions of Use governing use of this Website, pursuant to which you make certain representations to Fender and grant Fender certain license rights to use your Contest entry and other submitted content.    Furthermore, you are agreeing to use of certain of your personal information by Fender and FameCast as set forth in the Privacy Policy.  

MAKE SURE TO PRINT A COPY OF THESE OFFICIAL RULES FOR YOUR RECORDS.  TO PRINT, SELECT “FILE” ON THE MENU OF YOUR BROWSER AND THEN SELECT “PRINT,” OR SELECT THE “PRINT” ICON LOCATED AT THE TOP OF THESE OFFICIAL RULES.

ELECTRONIC COMMUNICATIONS:  By submitting your Contest entry via the Website, you agree to do business with Fender electronically.  By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website, the Contest and all other services provided via the Website, (ii) agree that your act of clicking your consent to these Official Rules is a binding form of your electronic signature, which you agree binds you to these Official Rules, (iii) represent that you have Internet access and a valid e-mail address enabling you access to the Website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records.

This consent is effective until you withdraw it.  You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a paper copy of these Official Rules at any time by contacting us as set forth below.  We will send you a confirmation notice once we have processed your change request. 

SCOPE:  The Contest is void in Puerto Rico, Alaska, Hawaii and wherever prohibited or restricted by law.  Subject to all applicable federal, state and local laws. 

DURATION: The Contest begins at 12:00:01 p.m. CST on January 15, 2009 and ends upon the selection of the winner of the final round of the Contest on May 25, 2009 (the "Contest Period").

ELIGIBILITY: The Contest is open only to U.S. citizens who are legal residents of the contiguous 48 states of the U.S. and the District of Columbia.  To be eligible, the individual entrant or, for a band, each member of a band entrant (each, a “Band”) must be eighteen (18) years of age or older from the time of entry throughout the Contest Period and must not be under a recording contract with a music recording company, management company and/or agency, either individually or as part of a group.   For the purpose of clarity, a Band may consist of multiple members or an individual performer. The Band featured in a Contest entry must be accurately identified in the Submission (as defined below). 

Employees, contractors, directors and officers of Fender, FameCast, or their affiliated companies, distributors, web design, advertising, and promotion agencies involved in the administration, development, providing of prizes and execution of this Contest (collectively, “Contest Parties”), and the immediate family members and those living in the same households of each, are not eligible to participate in the Contest.

 If it is determined any member of a Band is ineligible, the entire Band will be disqualified.

TO ENTER: Entries to the Contest must be submitted on the Website no later than 11:59:59 a.m. CST on March 9, 2009.  Acceptable entries (collectively, a “Submission”) must be received in full prior to this date and must meet all of the below Entry Requirements.  Your entry will not be accepted if it is not complete.

ENTRY REQUIREMENTS:  A Submission must consist of:
(i) a sound recording of one original song written by one or more of the Band members, performed by the Band, which song may be no longer than six (6) minutes in length in an MP3 file format with a file size of no more than one gigabyte (1GB);
(ii) a performance video no longer than six (6) minutes in length in AVI, ASF, MOV, MPEG, QT, DV or WMV file formats with a file size of no more than one gigabyte (1GB);
(iii) a digital photo or cover image;  
(iv) a list of all musical instruments and equipment used by the Band in the Submission;
(v) the names, dates of birth and current addresses, phone numbers, and e-mail addresses of all Band members;
(vi) the selected Band member who will receive email and other communications from Sponsor and other Contest Parties about the Contest; and
(vii) a Band biography.

Only one Submission per Band will be accepted.  In the event that more than one entry is made by any Band, the first entry shall be deemed the Band's Submission, and additional entries will be disqualified. 

By uploading a Submission in the Contest, the Band represents that the entire Submission meets the following additional Entry Requirements:

•    Submission cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
•    Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
•    Submission cannot be obscene or offensive, or endorse any form of hate or hate group;
•    Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, including Contest Parties;
•    Submission cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without written permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
•    Submission cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples" other than the musical tracks provided) without written permission;
•    Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Band members, without written permission;
•    Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
•    Submission cannot depict, and cannot itself, be in violation of any law.

All Submissions are subject to the Terms & Conditions of Use.  Sponsor has no obligation, but reserves the right, to monitor/screen any Submissions prior to posting them to the Contest Website for compliance with these Official Rules.  In the event Sponsor becomes aware that any Submission violates the Official Rules or the Terms & Conditions of Use, Sponsor reserves the right to remove the Submission from the Website and the Contest entry of the Band submitting such Submission will be void.  Sponsor reserves the right to disqualify a Submission at any time, in Sponsor's sole discretion. 

CONSIDERATION:  No purchase is required to enter.  No Band will receive any payment for any Submission, but entry of a Submission will enter the Band into the Contest.  By providing Sponsor with a Submission, each Band undertakes the obligations and grants the licenses and rights to Submissions and personal information as detailed in these Official Rules, the Terms & Conditions of Use and the Privacy Policy. 

ENTRANT REPRESENTATIONS, GRANT OF RIGHTS: BY SUBMITTING A SUBMISSION, EACH BAND ACKNOWLEDGES THAT THE SUBMISSION MAY BE POSTED ON SPONSOR’S AND/OR OTHER CONTEST PARTIES’ WEBSITES, IN SPONSOR’S SOLE DISCRETION.  Each Band warrants and represents that the Submission: (a) is the Band’s original work, (b) has not been previously published, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (d) with respect to any Submission: (i) such Band has obtained written permission from a person whose name or voice is used in the Submission and (ii) publication of the Submission via various media including Web posting, will not infringe on the rights any third party.  Bands must indemnify and hold harmless Sponsor and the other Contest Parties from any claims to the contrary.

By entering the Contest, each Band (i) grants to the Contest Parties a royalty-free, fully-paid up, irrevocable, perpetual, non-exclusive, unrestricted, worldwide right and license to use the Submission, for any purpose including, but not limited to the posting, performance and use of their Submission, names, hometown, place of residence, photo(s), voice, image and/or likeness, on television, radio, publications and the Internet, including on the Website and other Contest Parties' respective websites for any purposes including without limitation, advertising, marketing and making them available for download as contained in the Submission;  (ii) agrees that Contest Parties have the right to use such Band’s Submission in any and all media in and in connection with promotion, publicity, marketing and advertising for Contest Parties, and the Contest or other promotions or general marketing by Contest Parties in their discretion without any attribution, notification or additional consideration; (iii) agrees that Contest Parties, in their sole discretion, may use, copy, publish, distribute, translate, sublicense, transmit, publicly perform, display, edit, adapt, composite, mix, remix, morph, scan, duplicate, alter and/or otherwise modify and commercially exploit Submission, in whole or in part, without any restrictions as to changes, for publication in any medium or for any other purpose which each of the Contest Parties deems necessary or desirable, including, without limitation, in future publicity and advertising for such Contest Parties’ products and/or services; (iv) agrees that Contest Parties shall have no obligation (express or implied) to use such Submission in any manner, other than for entry to the Contest subject to these Official Rules, and the Band shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of such Submission; (v) agrees to be bound by these Official Rules and the decisions of the judges; (vi) agrees that the Band may be contacted by Contest Parties by telephone, mail or email regarding the Contest; and (vii) agrees to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein.

JUDGING CRITERIA:  Submissions will be voted on by members of the public at large, subject to the Terms & Conditions of Use.  The winning Band will be selected by a panel of judges based on the following factors: number of votes received by the public, professional quality presentation, musicianship and commercial viability/marketability; all within the philosophy and direction of Sponsor and the Road Worn product line, taking into account the Submissions, and each Band performance ("Judging Criteria").

SELECTION OF WINNERS:  Winner selection will occur as follows:

Round One: Submissions received in full prior to the entry deadline will be posted at the same time on the Website for online voting, which will take place beginning at 12:00:01 CST p.m. on February 16, 2009.   During this time, visitors to the Website (subject to the Terms & Conditions of Use) may vote and otherwise participate in viewing and reviewing the Submissions.  Visitors may vote only once per calendar day.  Following the initial round of online voting, the number of entries will be narrowed to subsequent rounds of 100, 50, and 25 for voting.  For a full explanation of the subsequent rounds, please see “How It Works.” 

During each round, the Submissions (and accordingly the Bands) will be ranked according to public voting and the amount of interest and attention the Bands are receiving on the Website and on the internet in general, in a weighted manner so as to rank and order the Submissions.  Any attempt by a Band, its members and/or their family and friends to using fraudulent mechanisms to unfairly affect the outcome, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify such Band.  The number of votes for any particular Band may be adjusted in the event the voting indicates fraudulent votes have been cast for such Band and such fraudulent votes will not be counted.  The top ranked and rated Bands will advance through each posted round using a proprietary ranking algorithm.  Bands will not be notified of the results of rounds.  All round dates and entries will be posted on www.getroadworn.com. 

At the end of the round of 25, a qualified panel of judges selected by the Sponsor will review the Submissions and determine the top five Bands based upon the Judging Criteria as determined by the judges. 

Winner:  The five top Bands, based upon ranking and Judging Criteria, will be reviewed by Sponsor and the judges.  The Band who best meets the Judging Criteria will be awarded the prize set forth below.  The winning entry will be asked to execute a Declaration of Eligibility and Liability and Publicity Release or other separate written release as requested by Sponsor.  The winner will be notified by phone, email, and/or regular mail to the contact information provided in the Submission. 

PRIZES: One grand prize will be awarded in the Contest.  The grand prize is a Toyota® truck, with an approximate retail value of $60,000, together with a cash prize of $15,000.  However, the prize is subject to availability and may be changed or modified at Sponsor’s discretion.  Winners are solely responsible for any taxes or other fees on their respective prizes.  No cash equivalent or substitution of any prize is offered, except at the sole discretion of Sponsor.  Prizes are non-transferable and non-refundable.  The grand prize is a single and indivisible prize.   If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute such prize with another prize of equal or greater value, as determined by Sponsor it its sole discretion. All prizes are awarded “AS IS,” “WHERE IS,” WITH ALL FAULTS and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Any use of the prize is solely in the discretion of the prize recipient and Sponsor has no liability for any use or damage caused by the prize.  Sponsor will not award a prize to anyone on the U.S. Treasury Department List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. 

GENERAL TERMS:  By participating in the Contest, each Band releases Sponsor and other Contest Parties from any and all claims, damages or liabilities arising from or relating to participation in the Contest, and agrees to resolve any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prizes awarded, individually, without resort to any class action.  Each Band agrees to indemnify and hold Contest Parties harmless from any and all claims, demands, causes of action and judgments (including attorneys’ fees, court costs and experts’ fees) arising out of relating to any breach by the Band of these Official Rules, including the representations and warranties made herein and the Terms & Conditions.  

By participating in the Contest and/or accepting a prize in the Contest, each member of the Band agrees that the Sponsor and other Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto.  As a condition of entering, Bands also agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, if any, but in no event attorneys’ fees.  Under no circumstances will Bands be permitted to obtain any award for, and hereby waive all rights to claim indirect, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket costs incurred, and any and all rights to have damages multiplied or otherwise increased.

By participating, each Band agrees to be bound by these Official Rules, the Privacy Policy and Terms & Conditions of Use for the Website , and the decisions of Sponsor and judges.  Each Band’s members represent that they have read and understand these Official Rules, the Privacy Policy and the Terms & Conditions of Use  and waive any right to claim ambiguity in the Contest or these Official Rules.  Sponsor reserves the right to make changes or additions to these Official Rules and/or change the dates of the Contest at any time, which changes will be posted on the Website.

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Contest. 

This Contest is offered only in the United States and is governed by the laws of the State of Arizona.  By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Maricopa County, Arizona for the resolution of any disputes.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or other Contest Parties resulting from user's participation in or attempt to participate in the Contest or download any information in connection with participating in the Contest.  No responsibility or liability is assumed by the Sponsor or other Contest Parties for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of the Website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (vi) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website; (vii) any personal injury, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website; (viii) any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws – and should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution.  Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  Persons engaging in any of the foregoing activities may be disqualified. 

Furthermore, as consideration for participation in the Contest, each Band agrees that Sponsor and Contest Parties and their respective parents, subsidiaries, affiliated companies and prize providers (collectively "Released Parties") maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing services, products, or accommodations supplied by others as a part of the Contest.  They are merely, as applicable, Sponsor of the Contest, administrator of the Contest and independent suppliers and are not in any way related to the other suppliers.  As consideration for participation in this Contest, each Band agrees that Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, “Suppliers”); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party.  As consideration for participation in the Contest, each Band agrees to waive and to release and discharge each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or in any Contest-related activity or from acceptance, possession, use or misuse of any prize.

SPONSOR: Fender Musical Instruments Corporation, 8860 E Chaparral Road, Suite 100, Scottsdale, AZ 85250

CONTEST ADMINISTRATOR: FameCast, Inc., 3000 E Cesar Chavez, Austin, TX 78702