TRANS-SIBERIAN ORCHESTRA "WIZARDS IN WINTER" CONTEST

TRANS-SIBERIAN ORCHESTRA "WIZARDS IN WINTER" CONTEST - OFFICIAL RULES

The Trans-Siberian Orchestra "Wizards in Winter" Contest (the "Contest") is sponsored by Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104 (the "Sponsor") through the Trans-Siberian Orchestra web site (the "Site," located at http://www.trans-siberian.com/). The Contest begins on November 13, 2006 at 9:00 a.m. Eastern Time ("ET") (the "Start Date"), and ends on January 15, 2007 at 11:59 p.m. ET (the "End Date") (such period, the "Contest Period"). BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS CONTEST

1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE CONTEST.

a. Eligibility in General. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. The Contest is open to any individual who is, as of the Start Date, (i) a legal resident of one of the fifty (50) United States or the District of Columbia, EXCLUDING ARIZONA AND COLORADO, and excluding Puerto Rico, U.S. Virgin Islands, and all other United States territories (the "Eligibility Area") and (ii) 13 years old or older. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may impose additional eligibility restrictions). Misrepresentation of age, upon discovery by Sponsor, will disqualify the applicable participant. Employees, officers, directors, shareholders, agents, Warner Music Inc., and their respective affiliates (including without limitation, for Sponsor and Warner Music Inc, their respective labels and artists), subsidiaries, licensors, and advertising and promotional agencies (the foregoing entities, the "Contest Entities"), and the immediate family members and members of the same households of such employees, officers, directors, shareholders, agents, and representatives, are not eligible to participate in the Contest in any manner except as otherwise expressly provided herein (e.g., as non-Entrant individuals rating Entries during specific stages of the Contest) or to win any prize. In addition, the Contest is only open to participation by amateur filmmakers (for example, individuals who are not members of the Directors Guild of America and who do not earn income directing motion pictures). Sponsor reserves the right, at any time and in its sole discretion, to refuse to allow any individual to participate or continue to participate in the Contest, or to disqualify any individual it suspects to be tampering with the entry process or the operation of the Contest or Site; to be in violation of the Site's Terms of Use (the "Terms of Use") or Privacy Notice (the "Privacy Notice"), each of which is linked from the Site; to be in violation of these Official Rules; to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR ANY UNDERLYING OR SUPPORTING SOFTWARE, OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT (S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. By participating in the Contest in any manner (including without limitation as an Entrant, a Site visitor who is rating entries, or otherwise), you agree to be bound by these Official Rules and by all decisions of Sponsor, which decisions shall be final and binding in all respects. Sponsor reserves the right to disqualify any Entrant if, in Sponsor's sole discretion, such Entrant is ineligible, unable, or unwilling to continue his or her participation in the Contest.

b. Registering to Participate in the Contest. Beginning on the Start Date, individuals may register at the Site for participation as Content entrants (each such participant, an "Entrant"). Each participant who wishes to enter the Contest will, in order to be eligible to participate in the Contest as an Entrant, be required to choose a unique user name and password and to affirmatively indicate his or her acknowledgement and acceptance of these Official Rules, as well as the terms and conditions of Sponsor's Submission Agreement (the "Submission Agreement," located at http://feature.atlrec.com/contests/tso/wizardsinwinter, which is hereby incorporated herein by this reference) and all other terms and conditions governing the Contest and the Site (including without limitation the Terms of Use and Privacy Notice), at the time of registration. Only individual entries will be permitted; joint entries will not be accepted. No individual may register as an Entrant more than once. Any attempt to enter the Contest more than the number of times permitted herein by using multiple/different email addresses, identities, registrations or logins, or by any other means, may void all such participant's Entries, and such participant may be disqualified. Multiple Entrants are not permitted to share the same email address. In the event of a dispute as to the origin of an Entry, the authorized account holder of the email address used to register as the applicable Entrant will be deemed to be the Entrant. For purposes of these Official Rules, the "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

2. SUBMISSIONS.

a. Brief Summary; Submission Materials and Entries. Briefly, an Entrant's participation in the Contest involves the submission of Entrant's images and audiovisual materials through the Site (such materials, Entrant's "Submission Materials"), after which will added to the TSO ‘Wizards in Winter’ youtube contest page (http://www.youtube.com/groups_videos?name=tsocontest). The audiovisual file will be deemed to be an Entrant's "Entry" for purposes of the Contest. The following sections provide more detail on the submission and entry process.

b. Submission Requirements. In order to be deemed eligible for the Contest, all of an Entrant's Submission Materials must meet all of the following requirements (collectively, the "Submission Requirements").

i. Submission Agreement. All Submission Materials must comply with all of the terms, conditions and requirements set forth in the Submission Agreement.

ii. Technical Requirements. All Submission Materials must be submitted through the area of the Site designated by Sponsor for Contest submissions, and must adhere to the individual and total file size and file length limitations, file type requirements, and other criteria and limitations set forth at the Site.

c. Generally. Submission Materials may be submitted through the Site beginning at 9:00 a.m. ET on the Start Date and ending at 11:59:59 p.m. ET on January 15, 2007. LIMIT ONE (1) SUBMISSION OF SUBMISSION MATERIALS PER ENTRANT PER DAY DURING THE CONTEST PERIOD AND ONE (1) ENTRY PER ENTRANT PER DAY DURING THE CONTEST PERIOD. All Submission Materials will be deemed to be non-confidential and may be used on a non-restricted basis. Any Submission Materials that fail to fulfill all of the Submission Requirements, eligibility criteria, and other requirements set forth in these Official Rules may, upon Sponsor's discovery of such failure, be subject to disqualification from the Contest, and if such failures are discovered upon submission of, or during the processing of, Submission Materials, such Submission Materials will not be accepted for processing and review and will not be entered into the Contest. No changes may be made to Submission Materials once they have been submitted, therefore, please ensure that your Submission Materials are in compliance with these Official Rules before submission. No responsibility is assumed by Sponsor for lost, late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable Submission Materials or Entries; any computer, telephone, cable, network, satellite, server, service provider, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled or jumbled files or transmissions; service provider/Internet/Site/software inaccessibility or unavailability; Internet traffic congestion; or unauthorized intervention. If you believe in good faith that any Submission Materials submitted by another Entrant, or any Entry other than you own, infringe(s) your copyright, please refer to the section of out Terms of Use entitled, "TRADEMARKS AND COPYRIGHT/PERSONAL USE." Throughout the Contest Period, Sponsor reserves the absolute right to refuse to accept, to remove from the Site, or to block or limit access to any Submission Materials and/or Entry, and to take whatever actions Sponsor deems necessary or appropriate in its sole discretion to protect the Contest Entities and the operation of the Contest and the Site, including without limitation the disqualification of the Entrant who submitted such Submission Materials or to whom such Entry is attributable.

3. THE CONTEST.

Determining the Finalists. Starting on January 17th, 2007 and ending on or about January 17th, 2007, such period, the "Finalist Determination Period"), Sponsor and/or its designees (who may include employees of Atlantic Records as well as members of Trans-Siberian Orchestra, subject to their availability) (the "Judges") will judge the eligible entries received, based on the criteria of creativity, originality, and aesthetic value, to determine their top 3 Entries for each category. (Additionally, throughout the Contest Period, visitors to the YouTube Site will be able to "rate" eligible Entries made available through the YouTube Site, using rating means made available by YouTube through the YouTube Site, and the Judges may, in their discretion, use these ratings in connection with the judging process.) Such top 3 Entries will be deemed to be the "Finalist Entries," and the Entrants who submitted the Finalist Entries will be deemed to be the "Finalists." Sponsor may, in its sole discretion, contact each Finalist and require any such Finalist to submit to a background check to help ensure that such Finalist's continued participation in the Contest will not, in Sponsor's sole discretion, damage the Contest or otherwise reflect adversely on the Contest Entities; require such Finalist to answer additional questions or participate in additional screening procedures; require such Finalist and all individuals appearing in such Finalist's Entry to sign consent forms and/or releases; and/or disqualify any Finalist who is unable or unwilling to do or provide any of the foregoing. Without limiting the foregoing, each Finalist who is under 18 years of age or is a minor in his or her state of residence will be required to have his or her parent or legal guardian affirm in writing such Finalist's acknowledgement and agreement to the Official Rules and Submission Agreement, in order to continue to participate in the Contest. Sponsor reserves the right to provide an independent third party (the "Auditing Entity") with all Submission Materials submitted by each Finalist in order that such Auditing Entity may examine such Submission Materials and confirm, subject to its and Sponsor's discretion, that the Submission Materials comply with these Official Rules. In the event that any Finalist elects to end his or her participation in the Contest, is unable to participate further in the Contest for any reason, or is, in Sponsor's discretion, deemed to be ineligible to participate, Sponsor reserves the right to replace such Finalist with an alternate non-Finalist Entrant; provided that such alternate Entrant will be subject to the terms and conditions of this Section. When all Finalists have been finally determined, Sponsor will announce the Finalists and Finalist Entries on the YouTube Site and/or the Registration Site, and may announce the Finalists and Finalist Entries on certain Sponsor-affiliated sites or services.

a. Judging the Finalists and Determining the Winner. After the Finalists and Finalist Entries have been posted to the Site, Sponsor or is designees (who may include Trans-Siberian Orchestra, subject to availability) will review each Finalist Entry based on criteria including creativity, uniqueness, quality of Submission Materials as incorporated into the Entry, adherence to the requirements set forth herein, and other criteria. Based on the results of this review, Sponsor will determine one (1) Finalist to be named the "Grand Prize Winner" for each category (Guitar, Bass, Keyboard, and Drums) of the Contest. Subject to Sponsor's determination of the eligibility of each selected Winner and subject to these Official Rules, the Winners' names and Entries will be posted to the Site on or about January 17, 2007, and the Winners will be awarded the Prizes (described below). NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 3(b) BELOW).

b. Prizes. (1) One Grand Prize Winner for each category (Guitar, Bass, Keyboard, and Drums): Guitar: (1) One Custom Jackson Guitar (ARV of Guitar: $2,000). Bass: (1) One Custom Jackson Bass (ARV of Bass: $2,000). Keyboard: (1) One Korg TR-88 88-Key Keyboard Workstation (ARV of Keyboard: $1,599.99). Drums: (1) Pearl Session Studio Standard 4-Piece Kit (ARV of Drums: $1,139.99). The Grand Prizes are, collectively, referred to herein as the "Prizes." All taxes (including, without limitation, federal, state, and local taxes) on or connected with any Prize and the reporting consequences thereof, are the sole and exclusive responsibility of respective Winners. As between Winners and Sponsor, all Prize shipping and handling charges will be the responsibility of Sponsor. Each Winner must, if so requested by Sponsor, complete Sponsor's Winner verification process and/or execute and return an Affidavit of Eligibility and a Liability/Publicity Release within a period of time dictated by Sponsor. (Each Winner who is under 18 years of age will be required to have a parent or legal guardian execute his or her Affidavit of Eligibility and Liability/Publicity Release as well.) All Prizes awarded in connection with the Contest are nontransferable and nonendorseable. No substitution of Prizes is permitted, provided that in the event of the unavailability of any Prize, Sponsor reserves the right to substitute a prize of equal or greater value, in its sole discretion.

4. MISCELLANEOUS.

a. General; List of Winners; License. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Contest Period, the names of the Finalists and Winners will be posted to the Site. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner or other Finalist, where permitted by law each such individual agrees to grant to Sponsor, the Contest Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, such individual's name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual will provide written consent to the foregoing uses. For a list of Winners (available after January 15, 2007), please send a self-addressed stamped envelope to Trans-Siberian Orchestra Contest - Winner's List, c/o Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104. Queries must be postmarked no later than January 22, 2007.

b. Disclaimer and Limitation of Liability. The Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. The Contest Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by Site users, by tampering or "hacking," or by any of the equipment, software, or programming related to the Site or the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Site, any Submission Materials, or any Entry. Although Sponsor attempts to ensure the integrity of the Contest, Sponsor is not responsible for the actions of Entrants or other participants in connection with the Contest, including Entrants' or others' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other equipment, or person in connection with participation in the Contest, or downloading materials from or using the Site. If, for any reason, the Contest is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Contest. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE STREAMING OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE, SPONSOR'S REMOVAL FROM THE SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

c. Dates and Deadlines. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying the administration of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Contest.

d. Release and Indemnification. BY ENTERING THE CONTEST, ENTRANT (A) RELEASES AND HOLDS THE CONTEST ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS THE CONTEST ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY CONTEST ENTITIES AT ANY TIME IN CONNECTION WITH THE SUBMISSION MATERIALS, THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT'S PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.

e. Arbitration. In the event of any dispute arising out of or in connection with these Official Rules or the Contest, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of New York, State of New York, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator shall have at least ten (10) years of related intellectual property experience, and be well acquainted with the entertainment, new media, and Internet industries. The arbitrator selected pursuant to these Official Rules shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, the Submission Agreement, and any other agreements you may enter into with Sponsor in connection with the Contest, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Contest, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 4(e), and in no event will you be entitled to seek injunctive or other equitable relief. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), DO NOT PARTICIPATE IN THE CONTEST.

f. Governing Law. The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 4(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR SUBMISSION MATERIALS OR ENTRIES OR OTHERWISE RELATED TO THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

g. Privacy. Information submitted in connection with the Contest will be treated in accordance with these Official Rules and our Privacy Notice, provided that in the event of any conflict between these Official Rules and such Privacy Notice, the terms and conditions of these Official Rules shall prevail. Specifically and without limitation, Sponsor reserves the right to communicate with any Entrant about his or her Submission Materials or Entry (including without limitation by means of the Notification Email); because of the potential critical nature of such communications to the operation of the Contest, Entrant will not be permitted to "opt out" of receiving such communications. Further, you acknowledge that the YouTube Site is a third party web site that is unaffiliated with and not operated by Sponsor, and that Sponsor has no control over the YouTube Site, including the YouTube Site's privacy practices.

h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Contest or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Youtube.com site. “Youtube,” "Jackson,” “Korg,” and “Pearl” are trademarks of their respective owners.

j. Interpretation. In the event of any conflict between any information provided on the Site (such as a "F.A.Q"), on the one hand, and the Submission Agreement and these Official Rules, on the other, the Submission Agreement and these Official Rules shall govern.