“GIVE THE GIFT OF MUSIC” BAND CONTEST (“Contest”)

2009 OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

2. ENTRANTS ACKNOWLEDGE THAT THE MAJOR PRIZES WILL BE AWARDED TO THE SCHOOL DESIGNATED BY EACH WINNER ("WINNING SCHOOL") AND THAT THE ENTRANTS PRIZES ARE LIMITED TO LESSON SCHOLARSHIPS ONLY (SEE SECTION 7 BELOW FOR MORE DETAILS).

3. SPONSOR: Music & Arts Center, 4626 Wedgewood Blvd., Frederick, MD 21703 (“MAC”) (the “Sponsor”). “Sponsor and its agents” shall mean MAC; its respective advertising/promotional and/or fulfillment agencies; its respective parent companies, affiliates, and subsidiaries; and their respective employees, officers, directors and agents. The contest administrator is MAC.

4. ELIGIBILITY: This Contest is open only to Entrants who are legal residents in the contiguous 48 states of the U.S. and the District of Columbia who, as of October 11, 2009, are enrolled in “middle school”, meaning they are legitimately enrolled in sixth, seventh or eighth grade. Void in Alaska, Hawaii, Puerto Rico, and wherever prohibited or restricted by law. Subject to all applicable federal, state and local laws. Employees of MAC, Jupiter Band Instruments, Inc. and each of their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Contest Entities”) and the immediate family members and persons living in the same household of each are not eligible to be Entrants. Entrants from previous “Gift of Music” Winning Schools are ineligible and previous “Gift of Music” Winning Schools are ineligible to receive any prizes from this Contest.

5. HOW TO ENTER: This Contest begins October 12, 2009, and ends January 15, 2010 (the “Contest Period”). To enter the Contest, you must (i) completely fill out the “GIVE THE GIFT OF MUSIC" Band Contest entry form (the entry form is available in-store at participating MAC stores (while supplies last) and online on the MAC website, www.musicarts.com, during the Contest Period); (ii) write an essay of 500 (five hundred) words or less which effectively, clearly and creatively communicates and demonstrates “how your band director/leader has inspired you musically, typewritten on 8.5” by 11” white paper (“Essay”); and (iii) mail the completed entry form and Essay to: Music & Arts Center, Give the Gift of Music Band Contest, 4626 Wedgewood Blvd., Frederick, MD 21703. All entries must be mailed in and must be postmarked by January 15, 2010 and received no later than seven calendar days later. No other attempted form of entry will be accepted or acknowledged. Essays must be in English. Any entry that is illegible, incomplete, late or does not carry proper postage will be disqualified. The Contest is limited to one entry per person (“Entrant”) and one entry per envelope. The Sponsor is also sponsoring the Give the Gift of Music Band Contest, which will run during the same time as this Contest. You may only nominate your band/orchestra director/leader for one of these two Contests. Any attempt by an Entrant to obtain more than the allowable Entries by using multiple/different addresses, identities or any other methods will void all of that Entrant’s Entries. The timely received and properly completed Contest entry form and Essay together constitute an "Entry". On the entry form, the Entrant must name his/her school. The school named by a winning Entrant will be eligible to receive the Prize, subject to strict compliance with all rules of the Contest, including (without limitation) qualifications of Entrant, timely responses of Potential Winner and Potential Winner’s returning all of the required Contest Documents. All Essays must be the original work of the Entrant and must not infringe any third party rights. Entrant, by submission of an Entry, grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, and use the Entrant's Essay in any way, in any and all media, without limitation, and without consideration to the entrant.

By entering, Entrants agree to comply with these Official Rules including all eligibility requirements. The Potential Winner and his/her parent or legal guardian will be required to sign a Submission Agreement, an Affidavit of Eligibility and a Liability/Publicity Release. The potential Winning School will be required to sign an acknowledgement of the Prize and a liability/publicity release (collectively, the “Winning School Acknowledgement”). Illegible and/or incomplete Entries and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Proof of mailing an Entry does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Contest without prior notification. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.

6. POTENTIAL WINNER SELECTION AND NOTIFICATION: Essays will be judged by a panel of three representatives from Sponsors’ advertising and/or public relations firm, each possessing knowledge and/or experience concerning commercial writing, reading and proofing of written materials for advertising and/or journalism purposes (the “Judges”). Each Judge will judge each Essay to determine how effectively, clearly and creatively each Essay communicates and demonstrates “how your orchestra director/leader has inspired you musically”. Based on the foregoing, the Judges will select the top ten Essays from all eligible Entries (“Top Ten”) and then another qualified judge (that has at least equal qualifications to judge the Contest as those described for the Judges above) (the “Final Judge”) will then, using the same basis, rank the Top Ten in order. The Entrants with the three highest total points will be declared the potential winners (each, a “Potential Winner”), with the highest scoring Entrant being declared the Potential Winner, for his/her school, of the Grand Prize, the second highest scoring Entrant being declared the Potential Winner, for his/her school, of the Second Prize, and the third highest scoring Entrant being declared the Potential Winner, for his/her school, of the Third Prize. In the event of a tie, the tie will be broken by the Judges, who will do so by each giving a score from 1 to 100 for each tied Entry. The Judges, whose decisions are final and binding on all matters relating to the Contest, will select the Top Ten on or about March 1, 2010. The Final Judge will then judge the Top Ten and select Potential Winners in order by score from the Top Ten on or about April 1, 2010. Entrants need not be present to win. The Potential Winners will be notified by telephone and/or e-mail ("Prize Notification") and he/she must provide or confirm by telephone and/or e-mail within 10 (ten) days of the date of the Prize Notification (the "Deadline"), the Potential Winner’s full name and a mailing address ("Mailing Information"). The mailing address must be a street address (no P.O. Boxes). If any Potential Winner does not provide or confirm the Mailing Information in response to the Prize Notification by the Deadline, the Potential Winner will be disqualified and the Entrant with the next highest total score from the remaining Top Ten will move up in the seeding of the Prizes and/or be selected as an alternate Potential Winner.

Once Sponsor receives Mailing Information from a Potential Winner, a Submission Agreement, Affidavit of Eligibility, a Liability/Publicity Release, a Winning School Acknowledgement (collectively, the "Contest Documents") will be sent to the Potential Winner via overnight mail. The Potential Winner and his/her parent or legal guardian or (and in the case of the Winning School Acknowledgment, an authorized representative of the school who was designated by the Potential Winner to receive the Prize) must sign and the Potential Winner must return all of the Contest Documents within 10 (ten) days of the date of receipt or the Prize (that his/her Winning School would have been potentially eligible for) will be forfeited and an alternate Potential Winner will be selected. Provided that the Potential Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, following Sponsor’s receipt of the signed Contest Documents, Sponsor shall declare the Potential Winner a Winner (“Winner”) and the Winning School shall receive the appropriate Prize (based on the ranking of the winning Essay in respect to the other Winner’s Essays). The Winner will receive the applicable Lesson Scholarship in the value show below. Return of any Prize Notification or Contest Documents as undeliverable will result in disqualification, and an alternate Potential Winner will be selected from the Top Ten, and Sponsor shall repeat the Winner selection and notification procedures set forth in this Section 6 until all qualified Winners have been selected.

7. PRIZES/APPROXIMATE RETAIL VALUES (ARV):

Total ARV of all Prizes for Winning Schools: $47,610

Total maximum ARV of all Prizes for the Winner/Entrants $850

Total ARV of all Prizes for entire Contest: $48,460

8. PRIZE CONDITIONS: Selection and specifics of all elements of the Prizes will be determined at the Sponsor's sole discretion. The Prizes and all elements thereof are subject to availability. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. Prizes are non-transferable. The Prizes will be awarded. The Prizes will be awarded “AS IS” and without WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose).

9. TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of the Winning School. All costs, expenses and incidentals not specifically mentioned herein are not included and are solely the responsibility of Winning School. Winning School may be issued a 1099 tax form for the ARV of the Prize it receives.

10. GENERAL CONDITIONS: By participating in this Contest, Entrants agree: (a) to be bound by these Official Rules, the decisions of the Judges and the Final Judge, the MAC Privacy Policy; (b) to release and hold harmless Sponsors and the Contest Entities and their respective agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their participation in the Contest and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via e-mail and telephone. By accepting a Prize, Winner and his/her parent/legal guardian consents to the use of Winner's name and/or likeness (including his/her voice, biographical information, city and state of residence, statements, photograph) for advertising and promotional purposes without additional compensation (except if Winner is a resident of TN or where prohibited by law). Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Contest for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By acceptance of a prize, Winning Schools agree: (a) to be bound by these Official Rules, the decisions of the Judges and the Final Judge, the MAC Privacy Policy; (b) to release and hold harmless Sponsors and the Contest Entities and their respective agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their eligibility or participation in the Contest and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via e-mail and telephone.

11. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY IN-STORE OPERATIONS, WEBSITE OR IN ANY WAY UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST (INCLUDING THE DISTRIBUTION OF ENTRY FORMS) MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.

12. DISPUTES: Each Entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and the Sponsor in connection with this Contest shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.

13. WINNERS LIST: For a winners list, send a self-addressed stamped envelope to: "Give the Gift of Music" Band Contest Winners List, c/o Music & Arts Center, 4626 Wedgewood Blvd., Frederick, MD 21703, to be received no later than May 31, 2010.

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