Buckcherry

BUCKCHERRY CONTEST — OFFICIAL RULES

The Buckcherry "Create Your Own 'Everything' Music Video Contest" Contest (the "Contest") is sponsored by Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104 (the "Sponsor") and operated through YouTube, Inc.'s world wide web site located at http://www.youtube.com/ (the "YouTube Site") and through the Contest registration page located at http://www.flashenhanced.com/buckcherry (the "Registration Page"). The Contest begins on February 14, 2007 at 9:00 p.m. Eastern Time ("ET") (the "Start Date"), and ends on March 12, 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 excluding Puerto Rico, the U.S. Virgin Islands, and all other United States territories (the "Eligibility Area") and (ii) eighteen (18) 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, and representatives of Sponsor, Warner Music Inc., and their respective affiliates (including without limitation, for Sponsor and Warner Music Inc., their respective labels and artists (including, without limitation, the 11-7 Recordings label)), subsidiaries, licensors, and advertising and promotional agencies (the foregoing entities, the "Contest Entities") and of YouTube, Inc. and its respective affiliates, subsidiaries, licensors, and advertising and promotional agencies, and the immediate family members and members of the same households of any 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 judging 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, the YouTube Site or the Registration Page; to be in violation of any terms and conditions governing the use of the YouTube Site or the Registration Page (collectively, "Terms of Use") or any privacy policies governing the submission of information through the YouTube Site or the Registration Page (collectively, "Privacy Policy"); 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 YOUTUBE SITE OR THE REGISTRATION PAGE 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, 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 online 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 log on to the YouTube Site using his or her YouTube username and password; join the "BuckcherryContest" Group using the YouTube Site's "Groups" functionality; upload his or her Submission Materials (as described below) through the YouTube Site; provide additional Contest registration information through the Registration Page, including name, YouTube username, address, other contact information, and the URL linking to Entrant's YouTube video (Entrant's "YouTube URL" for the applicable Entry); and 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://www.flashenhanced.com/buckcherry/, which is hereby incorporated herein by this reference) and all other terms and conditions governing the Contest, the YouTube Site and the Registration Page, 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 once by using multiple/different email addresses, identities, usernames, 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 or YouTube username. In the event of a dispute as to the origin of an Entry, the authorized account holder of the YouTube account or email address used to register as the applicable Entrant will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized YouTube or email address account holder, as determined by Sponsor in its sole discretion.

2. SUBMISSIONS.

a. Submission Materials and Entries. An Entrant's participation in the Contest involves the submission of Entrant's audiovisual materials through the YouTube Site (such materials, Entrant's "Submission Materials"). Once the Submission Materials have been deemed entered into the Contest by Sponsor in its sole discretion, such Submission Materials will be deemed to be an "Entry" by such Entrant for purposes of the Contest.

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) all Submission Materials must comply with all of the terms, conditions and requirements set forth in these Official Rules, the Submission Agreement, and the Terms of Use; and (ii) all Submission Materials must be submitted through the area of the YouTube Site designated 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 therein or otherwise imposed by the Submission Requirements.

c. Submissions. Submission Materials may be submitted to the Contest beginning at 9:00 p.m. ET on the Start Date and ending at 11:59:59 p.m. ET on March 9, 2007. LIMIT ONE (1) SUBMISSION OF SUBMISSION MATERIALS PER ENTRANT. All Submission Materials are non-confidential and may be used on a non-restricted basis. All Submission Materials must be the submitting Entrant's original, sole work, and Entrant's YouTube URL must link to Submission Materials uploaded by Entrant. 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 may 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, web site, or software inaccessibility or unavailability (including any inaccessibility or unavailability of the YouTube Site or the Registration Page); Internet traffic congestion; or unauthorized intervention. Throughout the Contest Period, Sponsor shall have the right to take whatever actions Sponsor deems necessary or appropriate in its sole discretion to protect the Contest Entities and the operation of the Contest, including without limitation the disqualification of the Entrant who submitted Submission Materials that do not meet the Submission Requirements. Additionally, in the event that YouTube blocks access to any Submission Materials or removes any Submission Materials from the YouTube Site, Sponsor reserves the right to disqualify the Entrant who submitted such Submission Materials.

3. THE CONTEST.

a. Determining the Finalists. Starting on March 10, 2007 and ending on or about March 12, 2007 (such period, the "Finalist Determination Period"), Sponsor and/or its designees (who may include members of Buckcherry, 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 three (3) Entries. (Additionally, throughout the Contest Period, visitors to the YouTube Site will be able to "rate" and comment on 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 and comments in connection with the judging process.) Such top three (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 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 Page, and may announce the Finalists and Finalist Entries on certain Sponsor-affiliated sites or services.

b. Judging the Finalists and Determining the Winner. After the Finalists and Finalist Entries have been selected by Sponsor, the Judges will review each Finalist Entry based on criteria including creativity, originality, and aesthetic value. Based on the results of this review, Sponsor will determine one (1) Finalist to be named the "Winner" of the Contest. Subject to Sponsor's determination of the eligibility of the Winner and subject to these Official Rules, the Winner's name and Entry will be posted to the YouTube Site and/or the Registration Page (and, subject to Sponsor's sole discretion, posted on certain Sponsor-affiliated sites or services) on or about March 13, 2007, and the Winner will be awarded the Prize (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(c) BELOW).

c. Prize. PLEASE REVIEW THIS PARAGRAPH FOR IMPORTANT INFORMATION ON MINORS. Prize for Winner (the "Prize"): a 3-days, 2--night trip for the Winner and one (1) guest to London, England for a live Buckcherry concert on a date to be determined by Sponsor (the "Concert"), including: round trip coach class airfare from a major gateway airport near Winner's residence, as selected by Sponsor; double occupancy hotel accommodations as selected by Sponsor; two (2) tickets to a currently scheduled Buckcherry concert performance in London, England on a date selected by Sponsor; and, subject to Sponsor's sole discretion, an invitation for Winner to meet and greet one or more members of Buckcherry. Approximate Retail Value (ARV): $3,500. Actual retail value of Prize may vary based on Winner's point of departure and existing rates at time of travel. Winner and guest are responsible for obtaining and carrying valid ID and international travel documentation (including a valid passport and any necessary visa(s)), and any costs related thereto are the sole responsibility of Winner. One or more stopovers may be required on air transportation. Trip must be taken on the dates specified by Sponsor, and Winner and guest must travel together on the same itinerary. All terms and conditions associated with airline and event tickets apply, including without limitation general conditions of carriage for passengers and baggage and any notice and conditions of contract contained on each travel ticket or itinerary. Tickets issued as part of the Prize may not be eligible for frequent flyer or similar incentive miles. Contest Entities shall not be liable for any loss or damage to baggage. All taxes (including without limitation federal, state, and local taxes) on or connected with the Prize and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein (including without limitation travel-related insurance, surcharges, passenger facility charges, local transportation, meals and gratuities), are the sole responsibility of Winner. 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. If the Winner is a minor in his or her state of residence, the Prize will be awarded on the Winner's behalf to the Winner's parent or legal guardian, who must execute any releases and other documentation required by Sponsor (including without limitation the Affidavit of Eligibility and Liability/Publicity Release described above). Additionally, any Winner who is a minor in his or her state of residence must be accompanied throughout the trip by a parent or legal guardian (i.e., if the Winner is a minor in his or her state of residence, the Winner's parent or legal guardian will be required to be the Winner's guest for purposes of the Contest). Guest will be required to complete a separate Liability and Publicity Release prior to trip, or guest will not be permitted to travel. Prize may not be endorsed, transferred, substituted or redeemed for cash, except at the Sponsor's sole discretion. Specifics of the Prize are in Sponsor's sole discretion. In the unlikely event that any portion of the Prize is cancelled, undeliverable, or unable to take place for any reason (e.g., the postponement or cancellation of the scheduled Buckcherry concert event, or the inability of Winner and/or his or her guest to travel, for any reason), Winner agrees that Sponsor has no further obligations to winner other than delivery of the remainder of the Prize to the extent practicable, and no other additional compensation will be provided. In the event that Winner (including, for any Winner who is a minor in his or her state of residence, his or her parent or guardian) is unable to comply with the terms and conditions set forth in these Official Rules (including without limitation this Section 3(c)), Sponsor reserves the right to deem such individual ineligible and to select a new Winner from among the remaining Finalists.

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 the Winner will be posted to the YouTube Site, the Registration Page, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and the Winner or any 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 Finalists and the Winner (available after March 15, 2007), please send a self-addressed stamped envelope to Buckcherry Contest — Winner's List, c/o Atlantic Recording Corporation, 1290 Avenue of the Americas, New York, NY 10104 Attn: David Gillespie. Queries must be postmarked no later than March 31, 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 authorized web site users, by tampering or "hacking," or by any of the equipment, software, or programming related to the YouTube Site, the Registration Page 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 YouTube Site, the Registration Page, any Submission Materials, or any Entry. Additionally, the Contest Entities are not responsible for any cancellation or postponement of any aspect of the Prize. Entrants acknowledge that Sponsor is not affiliated with YouTube and does not operate or control the YouTube Site, and that Sponsor is not responsible for the acts or omissions of YouTube, or for the accessibility or availability of any functionalities or features provided through, or for any content made available through, the YouTube Site (including any decision by YouTube to block access to or remove any content from the YouTube Site, which YouTube may make in its sole discretion). Although Sponsor attempts to ensure the integrity of the Contest, Entrants acknowledge that 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 YouTube Site or the Registration Page. 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 YOUTUBE SITE OR THE REGISTRATION PAGE; THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE YOUTUBE SITE OR THE REGISTRATION PAGE; SPONSOR'S OR ANY THIRD PARTY'S REMOVAL FROM THE YOUTUBE SITE OR REGISTRATION PAGE 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 FROM ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE YOUTUBE SITE OR THE REGISTRATION PAGE 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 SPONSOR, WARNER MUSIC INC., THE 11-7 RECORDINGS LABEL, AND ALL OTHER 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 YOUTUBE SITE OR REGISTRATION PAGE 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 SPONSOR, WARNER MUSIC INC., THE 11-7 RECORDINGS LABEL, AND ALL OTHER 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. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS CONTEST, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules (including without limitation the Submission Agreement) or the Contest, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company's trade secrets and other confidential information. 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 (including without limitation 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. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a 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). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT 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 further as follows: (a) information submitted through the YouTube Site will be governed by the YouTube Privacy Policy, located at http://youtube.com/t/privacy; and (b) information submitted through the Registration Page will be governed by the Sponsor privacy policy that is located at http://www.flashenhanced.com/buckcherry; provided that in the event of any conflict between these Official Rules and either of such privacy policies, 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, and because of the potentially 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 Site, the Registration Page, or the Contest. "YouTube" is a trademark of YouTube, Inc.

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