1. Eligibility: SchoolJam USA Battle of the Bands Contest (the “Contest”) is only open to bands/ groups (between 1-8 individuals) of any musical style or experience (each, a “Band”) provided that all Band members must be legal residents of the fifty (50) United States and the District of Columbia who are between the ages of thirteen (13) to nineteen (19) years old on the date of entry. The majority of Band members must be registered in good standing at a middle or high school in the United States, or attend an approved home school program at the time of entry and during the SchoolJam USA Battle of the Band Finals in January 2012. Any Band members not currently registered at an academic middle or high school in the United States must have graduated from an academic middle or high school in the United States or equivalent in the past two years. Any Band member who is a minor in his/her state of permanent residence must have parental/legal guardian consent to enter the SchoolJam USA competition. This is an amateur competition. Any Band with members under contract with a major record label providing national and international promotions and/or distribution for their musical compositions is not allowed to enter. Employees of National Association of Music Merchants, Inc. (“Sponsor”) and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members (persons who live in the employee’s home or have the same principal residence as the employee) of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: National Association of Music Merchants, Inc., 5790 Armada Drive, Carlsbad, CA 92008.

3. Timing: The Contest begins on August 1, 2012 at 12:00 a.m. Pacific Time (“PT”) and ends on
January 26, 2013 at 11:59 p.m. PT (the “Contest Period”). The Contest Period consists of three (3) phases (each a “Phase”) as set forth in the chart below:
Sponsor’s computer is the official time-keeping device for the Contest.

4. How to Enter: During the Submission Phase, Bands can enter by accessing www.schooljamusa.com
and completing and submitting the online entry form including a valid home address. P.O. Boxes are not permitted. As part of the registration, each Band will be directed to upload up to three (3) songs in MP3 or m4a format along with a copy of the lyrics for each song and at least one (1) photo of the Band (collectively, the “Submission”) in order to receive one (1) entry into the Contest. Bands may also, but are not required to, upload links to music videos of the band or live performance footage. By uploading the Submission, the entrant agrees that the Submission conforms to the Submission Guidelines and Content Restrictions that is set forth on www.schooljamusa.com (“rules and regulations”) and that Sponsor, in its sole discretion, may remove the Submission and disqualify the entrant from the Contest if it believes, in its sole discretion, that the Submission fails to conform to the Guidelines and Restrictions. All participating Bands must submit and perform original works or music that falls under public domain. No cover songs from other Bands will be allowed. By submitting a Submission, you warrant that the Submission does not violate any law, regulation or right of any third party, including but not limited to copyright, trademark, rights of publicity or privacy, that you have followed these Official Rules of the Contest and that the Submission has not been published or submitted in any other competition. All lyrics must be approved by Sponsor. Any inappropriate lyrics, as determined by Sponsor will not be allowed. All Bands will be required to submit lyrics for approval.

Limit: Each Band may only submit one (1) Submission during the Submission Phase. Any given individual may only be a member of a maximum of two (2) submitting bands. Submissions received from any Band or individual in excess of the stated limit or following the lapse of the Submission Phase will be void. Submissions will be considered as a joint entry by all members of the applicable Band and if the Submission is selected as a potential winner of a prize, the prize will be awarded collectively to all members of the Band who will share the prize equally. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all Band members to use their name, voice and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. 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 Submission 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. If necessary, entrant will sign any necessary 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. Released Parties (as defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

5. Winner Determination: Sponsor’s decisions as to the administration and operation of the Contest and the selection of winners are final and binding in all matters related to the Contest. Sponsor will review each entry to determine whether it meets the eligibility requirements set forth in these Official Rules and does not contain inappropriate or illegal content, as determined by Sponsor in its sole discretion.

Voting / Judging Phase: During the Voting / Judging Phase, each eligible Submission will be displayed on www.schooljamusa.com for public viewing and listening, and for members of the public to vote on their favorite band(s). Visitors to the www.schoojamusa.com site may only vote one (1) time per band, per day during the Voting Phase and must register on www.schooljamusa.com with a valid email address to vote. Additional votes per day per band received from the same email address or any votes received after the lapse of the Voting Phase will be discarded and multiple individuals voting from the same email address will only count collectively as one vote per day per band. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.

In addition, during the Voting / Judging Phase, each eligible Submission will be reviewed by a panel of qualified judges (the “Judges Panel”) and given a number of points based on the following musical criteria: musical skill, ensemble, musicianship, originality and overall effect.

Each Submission will be given a total score based on the number of votes received by the public (40% of the total score) and the points given to the Submission by the Judges Panel based on the Musical Criteria (60% of the total score). The eight (8) Bands that receive the highest total scores will be selected as Finalists. In the event of a tie, the tied Submissions will be re-judged based on the Judging Criteria, and the tied Submission that receives the highest score based on such re-judging will be selected as a Finalist.

The potential Finalists will be initially notified by mail, email or phone and will be sent an official notice, which will include an Affidavit of Eligibility, Medical, Liability & Publicity Release. All Band members for each potential Finalist (parent/legal guardian if a Band member of a potential Finalist is a minor in his/her state of residence) will be required to sign and return to Sponsor, the Affidavit of Eligibility, Medical, Liability & Publicity Release in order for the Band to claim its prize. Such Affidavit of Eligibility, Medical, Liability & Publicity Release must be received by Sponsor from all Band members within ten (10) business days of the Band’s receipt of the official notice. If a potential Finalist cannot be contacted, or if all Band members fail to sign and return the Affidavit of Eligibility, Medical, Liability & Publicity Release within the required time period, the potential Finalist (and all Band members) forfeits its prize. Potential Finalists (including all Band members) must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Finalists must be available to travel to, attend, and perform at the SchoolJam USA Battle of the Bands on or around January 24, 25 and 26, 2013. Sponsor will provide to each Finalist information regarding the SchoolJam USA Battle of the Bands, including, but not limited to, date(s), time(s), and location(s). In order to perform in the SchoolJam USA Battle of the Bands, the majority of Band members who performed on the recordings submitted as part of the Submission must be present to perform at the SchoolJam USA Battle of the Bands. Limited substitutions may be considered and will be allowed upon the sole discretion of the sponsor. If any Finalist Band wishes to perform songs not submitted on the original Submission, the Band must receive prior approval from Sponsor. Finalists who do not perform at the SchoolJam USA Battle of the Bands are not eligible for and forfeit the Finalist Prize. In the event that a potential Finalist is disqualified for any reason, Sponsor may select an alternate potential Finalist at their sole discretion.

SchoolJam USA Battle of the Bands: The eligible Finalists who perform at the SchoolJam USA Battle of the Bands will be judged during the SchoolJam USA Battle of the Bands by a panel of industry representatives based on musical skill, ensemble, originality, musicianship and stage presence, and the potential first place Finalist (“Winning Band” when meeting all requirements herein) as well as the Finalists finishing in second place through eighth place will be selected by the panel of industry representatives, whose decisions as to this Contest are final and binding. The panel of industry representatives’ scores will be kept confidential. Only 1-3rd placements will be announced. Any comments made by members of the panel may be shared with the Finalists.

The performances at the SchoolJam USA Battle of the Bands may be recorded by Sponsor, and such recording shall be the property of Sponsor. All Band members in Finalists must agree to and be able to fulfill all requirements for traveling to Germany in the event they are chosen as the Winning Band, including having valid passports. Sponsor has sole discretion in determining if the first place Finalist qualifies for the Grand Prize. The potential winner of the SchoolJam USA Battle of the Bands forfeits the Grand Prize in case any of its Band members are not legally able to travel outside of the United States in. In case the first place Finalist is disqualified for any reason as determined by Sponsor in it sole discretion, then the Finalist finishing in second place will be eligible for the Grand Prize provided it meets all requirements for traveling to Germany, and all other applicable terms and conditions set forth in these Official Rules. Sponsor reserves the right to award a Second Prize to the disqualified first place Band, but is not obligated to do so. All members of the Winning Band will be required to sign a conduct agreement before traveling to Germany. The Winning Band must also agree to follow United States laws while traveling with Sponsor in Germany. No drinking by persons under the age of 21 will be allowed, despite local or national laws in Germany. In the event any member of the Winning Band, its chaperone, and/or any person accompanying the Winning Band as a companion to the SchoolJam Germany Finals, engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send the person or the entire Winning Band and chaperone home with no further obligations or compensation whatsoever to the Winning Band or its chaperone, which may, in Sponsor sole discretion, result in the Winning Band’s disqualification from the Promotion and forfeiture of any (and/or all) prize(s). In the event the Winning Band, its chaperone, and/or any person accompanying the Winning Band as a companion to the SchoolJam Germany Finals engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects that person to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by that person as a result of such conduct.

The accommodations for the Winning Band traveling to Germany will coincide with the bands of the SchoolJam Germany finals. This could include youth hotels in the surrounding areas of Frankfurt, Germany. Family members of band members are encouraged to travel with the Winning Band, but will need to make their own accommodations. It is not guaranteed that space will be available in the same hotel as the Winning Band. Sponsor must approve all music and lyrics before the Winning Band performs in Germany. Any inappropriate lyrics, as determined by Sponsor, will not be allowed. Sponsor is not responsible for the members of the Winning Band or chaperones while traveling in Germany or otherwise.

6. Prizes: ONE (1) GRAND PRIZE: for the Winning Band, (I) economy class airfare for all Band members of the Winning Band meeting all qualifications herein plus one (1) chaperone (to be agreed upon by all parents of the members of the Winning Band and to be a legal parent or guardian, over 21 years of age, of one of the band members, to be booked by Sponsor’s designated travel agency, to travel to SchoolJam Germany Finals, plus (II) hotel accommodations consisting of three (3) hotel rooms, (III) a $1,000.00 cash prize, plus a one time travel expense stipend of $250 per band member for miscellaneous costs while traveling in Germany. Only airfare, hotel room rates and taxes will be covered, hotel to be chosen at Sponsor’s discretion. Approximate Retail Value (“ARV”): $10,000.00. In addition, Sponsor will make a cash contribution in the amount of $5,000.00 to the school where the members of the Winning Band are (or were prior to graduation) enrolled. In the event that Winning Band members are from different schools, the cash contribution in the amount of $5,000.00 will be split, pro-rata, among the number of schools. ARV including school contribution: $15,000.00.
5

ONE (1) SECOND PRIZE: for the Finalist Band finishing in second place at the SchoolJam USA Battle of the Bands, a $750.00 cash prize. ARV: $750.00. In addition, Sponsor will make a cash contribution in the amount of $3,000.00 to the school where the members of the Finalist Band finishing in second place are (or were prior to graduation) enrolled. In the event that the members of the Finalist Band finishing in second place are from different schools, the cash contribution in the amount of $3,000.00 will be split, pro-rata, among the number of schools. ARV including school contribution: $3,750.00.

ONE (1) THIRD PRIZE: for the Finalist Band finishing in third place at the SchoolJam USA Battle of the Bands, a $500.00 cash prize. ARV: $500.00. In addition, Sponsor will make a cash contribution in the amount of $1,500.00 to the school where the members of the Finalist Band finishing in third place are (or were prior to graduation) enrolled. In the event that the members of the Finalist Band finishing in third place are from different schools, the cash contribution in the amount of $1,500.00 will be split, pro-rata, among the number of schools. ARV including school contribution: $2,000.00.

FIVE (5) FOURTH PRIZES: for the Finalist Bands finishing in fourth through tenth place at the SchoolJam USA Battle of the Bands, a $250.00 cash prize. ARV: $250.00 per Band. In addition, Sponsor will make a cash contribution in the amount of $1,000.00 with respect to each of the Finalist Band finishing in fourth through tenth place to the school where the members are (or were prior to graduation) enrolled. In the event that members of any Finalist Band finishing in fourth through tenth place are from different schools, then the cash contribution in the amount of $1,000.00 will be split, pro-rata, among the number of schools in which such members are enrolled. ARV including school contribution: $1,250.00 per Band.

EIGHT (8) FINALIST PRIZES: for the Finalists, hotel accommodations consisting of one (1) hotel room for each two (2) band members and chaperone that are invited to perform at the SchoolJam USA finals for the nights of January 24, 25, and 26, 2013 meeting all qualifications herein. Maximum of five rooms for any given band will be provided. Only hotel room rates and taxes will be covered, hotel to be chosen at Sponsor’s discretion. ARV: $1500.00 per Band.

ONE (1) TOP VOTE GETTER PRIZE: the band receiving the most votes during the Voting Phase will receive $1000 for their school music program. In the event that members of the band receiving the most votes are from different schools, then the cash contribution in the amount of $1,000.00 will be split, pro-rata, among the number of schools in which such members are enrolled. The band receiving the most votes is not guaranteed to advance to the finals. Visitors to the www.schoojamusa.com site may only vote one (1) time per band, per day during the Voting Phase and must register on www.schooljamusa.com with a valid email address to vote. Additional votes per day per band received from the same email address or any votes received after the lapse of the Voting Phase will be discarded and multiple individuals voting from the same email address will only count collectively as one vote per day per band. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. The winning band forfeits this prize in the event that any voting rules are violated. In case the first place band is disqualified for any reason as determined by Sponsor in it sole discretion, the band finishing second in the voting will be eligible for the TOP VOTE GETTER Prize provided it meets all requirements. ARV: $1000.00.

FOR ALL PRIZES: The ARV of airfare and accommodations is subject to price fluctuations based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. The school contribution portion will only be paid to the applicable middle or high schools in the United States and neither the Band nor its members have any rights to any portion of the school contribution. School contributions are not eligible for after-school programs, individual music schools, companies or other non-public or private educational institutions that are not considered a state recognized middle or high school. Additionally, prizes and awards to schools and how said prizes are distributed are at the sole discretion of the sponsor. Each Band (and all Band members) is responsible for all taxes and fees associated with prize receipt and/or use and with all additional expenses incurred while traveling and participating in the SchoolJam USA Battle of the Bands (in the case of Finalists) or SchoolJam Germany (in the case of the Winning Band, except for expenses included in prize as provided in these Official Rules). This includes, but is not limited to, travel, additional hotel nights, food, ground transportation and miscellaneous expenses. Additional hotel rooms for friends and family are not guaranteed. Sponsor will assist family and friends with reservations when possible. Sponsor is not responsible for any costs associated with friend and family travel or hotel accommodations. Odds of winning a prize depend on the number of eligible entries received during the Submission Period. Limit: one (1) Finalist Prize per Band. Prize winners may receive an IRS Form 1099 for appropriate value of the prize. Total ARV of all prizes: $28,000.00. Total ARV of all prizes including school contribution: $44,500.00.

7. Release: By receipt of any prize, each member of a winning Band (parent/legal guardian if winner is a minor in his/her state of residence) agrees to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. All Band members of potential Finalists must sign Affidavit of Eligibility, Medical, Liability & Publicity Release forms before they will be allowed to collect the prize and perform at the SchoolJam USA Battle of the Bands.

8. Publicity: Except where prohibited, participation in the Contest constitutes each Band member of a Finalist’s (parent/legal guardian if winner is a minor in his/her state of residence) consent to Sponsor’s and its agents’ use of such person’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. 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 beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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 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.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (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. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, including entries confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted prior to the date of discontinuance, for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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, special 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. Entrant’s Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy http://www.namm.org/policies.

13. Winner List: A request for a list of prize winners (“Winner List”) will only be accepted after the last date of the Contest Period(listed above) and no later than March 1, 2013. For the Winner List, send an email with subject line: “SchoolJam USA Battle of the Bands, Winner List Request,” to schooljamusa@namm.org.