OFFICIAL RULES 2012 FDIC BATTLE OF THE BANDS

ENTRIES: Entrants must submit a video audition online at wwww.fdic.com or wwww.fireengineering.com, as per online instructions. The audition must be between one (1) to four (4) minutes long and be submitted by December 31, 2011. The video audition must represent all band members. Persons not represented in the video audition are not eligible to participate in the finals during FDIC 2012. PennWell reserves the right to reject, at its sole discretion, any Video Audition containing obscene, offensive or defamatory lyrics. By submitting a Video Audition, each Band and its members, individually and collectively, represent and warrant to PennWell that no portion of the Video Audition violates or infringes upon the copyright or other intellectual property rights of any third party.

THE BATTLE: The 2012 FDIC Battle of the Bands will have two rounds:

ROUND 1 Online Voting: Online voting for all entrants will commence on December 31, 2011 and will conclude on January 31, 2012. Online voting will take place online at www.fdic.com or www.fireengineering.com. Each IP address can cast only one (1) vote during the online voting period. The three bands receiving the most votes will advance to the final round. In the event of a tie, PennWell will cast the tiebreaking vote. To advance to the finals, each finalist Band’s designated representative (on behalf of its members collectively) shall complete a Finalist Form setting forth (i) a roster of the band members including a designation of all first responders (ii) the payee(s) of the prize check in the event they are the winning band, (iii) liability/publicity release, and (iv) a verification and indemnification that no portion of the Video Audition violates or infringes upon the copyright or other intellectual property rights of any third party.

ROUND 2 Live Performance: Each of the three (3) finalists Bands will perform a set, not to exceed twenty (20) minutes in total length (Bands at its discretion can determine number of songs to be played within the set but cannot exceed designated length), during the FDIC 2012 Exhibition Networking Party to be held in Lucas Oil Stadium from 4 p.m. - 6 p.m. on Friday, April 20, 2012. The finalist Bands must play no more than one (1) original song with the remaining being cover songs played during the set. No song played by the finalists Bands during any activity at FDIC 2012 may contain obscene, offensive or defamatory lyrics. PennWell, as owner and operator of the event, in its sole discretion, retains the right to halt or terminate a performance at any time for any reason. The winning Band will be decided by a panel of Judges during the Live Performance. The Judges will utilize the Battle of the Bands Official Score Card to evaluate the finalist Bands, attached hereto for reference. The Judges’ decision is final. In addition, such winning Band may also be requested to participate in an additional off-site Live Performance Friday, April 20th upon conclusion of the FDIC 2012 Networking Reception Party, at the sole discretion of PennWell.

After Round 1, PennWell will schedule a conference call with the three (3) finalist Bands to discuss the Live Performance. At least one (1) member from each finalist must participate in the conference call, without exception.

An onsite production meeting will take place on Thursday, April 19, 2012 at the time and location directed by PennWell. This meeting is mandatory and each finalist must have at least one member present. At the meeting, the finalist Bands will submit their set-lists and demonstrate that their performance will not violate or infringe upon the copyright or other intellectual property rights of any third party and will be professional and in good taste as required by PennWell.

PRIZE: The Winning Band will receive a cash prize of USD $20,000 as a check written to the designated payee(s), and mailed via express mail or via wire transfer no later than ten (10) days after the conclusion of the event.

TRAVEL EXPENSES: The three finalist Bands will each receive reimbursement of USD $5,000 as full and final reimbursement for all travel expenses to FDIC 2012. Travel expenses include air fare, care rental fees, mileage reimbursement, parking fees, airline baggage fees, hotel reservations, meals and entertainment, and any like expense incurred by the Bands in fulfillment of their onsite Live Performance. Reimbursement will be made in person upon conclusion of the Live Performance at FDIC 2012. The three finalist Bands, and their members, must complete the federally required W-9 form prior to such distribution of the travel reimbursement check, and ultimately, the cash prize to the Winning Band. Reimbursement will be made by check payable as specified in the Finalist Form.

TAXES AND CHARGES: Each band member is responsible for any and all applicable taxes (whether local, state, federal, or international), surcharges, tariffs, duties, shipping and handling charges, and all other charges associated with the Prize or travel expenses reimbursed by PennWell.

LOGISTICS: PennWell will provide the standard and customary stage set for the Live Performance to include: one standard drum kit, base amplifier, guitar amplifier, and keyboard. The three finalists Bands agree to use such standard stage set, with minimal variation, during the Live Performance due to time and logistic constraints. Any additional equipment, lighting, or the like required by any of the finalists Bands must be preapproved by PennWell and shall be supplied only at the individual Bands expense and payable at the time of ordering.

RELEASE: By submitting a Video Audition, each Band and all its members, individually and collectively releases and holds harmless PennWell, PennWell’s official suppliers, Indiana Convention Center and Lucas Oil Stadium, Sponsors and Judges their advertising and promotion agencies, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives (the “Releasees”) from any and all damages, personal injury, property damage, losses, liabilities, costs, or expenses of any kind arising out of or resulting from: (a) any violation by a Band or Band member of these Official Rules; (b) the Battle of the Bands or any Entry; (c) the acceptance, possession, receipt, or use of the cash prize; (d) any incorrect, incomplete, or garbled information caused by any technical or human error that may occur in the operation of the Battle of the Bands, including without limitation printing or typographical errors in any Battle of the Bands materials; (e) any problems or technical malfunctions (errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, online system, server, or other communications equipment or provider in connection with the submission of the Video Audition or online voting; (f) any failure of e-mail on account of Internet traffic congestion or otherwise (proof of transmission does not constitute proof of delivery); (g) any Video Audition, online vote, e-mail, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged and (h) the damage or theft of an instrument(s), musical equipment, or other personal property under any circumstances. Each Band and all its members, individually and collectively, agree that this Release includes and extends to all acts of negligence by PennWell and the Releasees, and is intended to be as broad and inclusive as is permitted by the laws of the State of Indiana and that if any portion thereof is held invalid, the undersigned agrees that the balance shall continue in full force and effect.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PENNWELL CORPORATION NOR ANY OF THE OTHER AFOREMENTIONED PERSONS OR ENTITIES, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE BATTLE OF THE BANDS, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, OR STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY BY THE SPONSOR "AS IS." THE SPONSORS AND PENNWELL DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARDS TO ANY PRIZE(S) OR PORTION(S) THEREOF.

INDEMNIFICATION: Each Entrant and its Band members, jointly and severally, agree to defend, indemnify, and hold PennWell harmless from and against all claims, costs, judgments, attorney’s fees, damages, expert witness fees and all other expenses related to, or caused by, any claim that said Entrant or Band member has violated or infringed upon the copyright or other intellectual property rights of any third party or any claim otherwise related to FDIC Battle of the Bands.

TERMINATION: PennWell reserves the right, at its sole discretion, to suspend, modify, or terminate the Battle of the Bands at any time. If, at any time, the Battle of the Bands is unable to be operated as planned (e.g., without limitation, due to financial or administrative difficulties, fraud or technical failures such as a computer virus, bug, or other form of unauthorized intervention that corrupts the administration, security, fairness, integrity, or proper conduct of the Battle), PennWell may, in its sole discretion, suspend, modify, or terminate the Battle of the Bands. Should the Battle of the Bands ever be terminated, notice will be given online at www.fdic.com and/or www.fireengineering.com. Likewise, PennWell reserves the right, at its sole discretion, to discontinue, terminate, or uninvited any of the three finalist Bands and/or any of Bands members due to lack of professionalism, honesty, cooperation, participation, or any similar defaults.

PUBLICITY: Finalists will be required to participate in any publicity promotions related to the Battle of the Bands, at the sole discretion and reasonable request of PennWell Corporation, the Sponsors, and/or Judges.

SUBMISSION: Submission of the Video Audition constitutes an agreement by the Band and its members to abide by the terms and conditions of these Official Rules and the decision of the Judges. PennWell reserves the right to cancel or modify the contest in any way, including, without limitation, to modify or amend these rules at any time and from time to time,

DISPUTE:Entrant agrees that: (1) any and all disputes, claims, and causes of action, arising out of or in connection with the Battle of the Bands shall be resolved individually, without class action, and any judicial proceeding shall take place in the state or federal courts within the state of Oklahoma; (2) any and all claims, judgments, and awards shall be limited to out-of-pocketcosts incurred, including costs incurred in entering this giveaway, but in no event attorney's fees; and (3) Entrant waives all rights to claim punitive, incidental, and consequential damages, and any other damages and rights to have damages multiplied or increased.

OTHER MATTERS: FDIC is owned, managed, and produced by PennWell. All matters not expressly covered in these Official Rules are subject to the decision of PennWell, which decision shall be final. PennWell shall not waive any rights under these Official Rules unless such waiver is in writing signed by an authorized officer of PennWell. A waiver by Show Management of a provision of these Official Rules shall not prejudice or constitute a waiver PennWell's right otherwise to demand strict compliance with that provision or any other provision of these Official Rules. Caption headings in these Official Rules are for convenience purposes only and are not to be used to interpret or define the provisions themselves

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