ROCKJINGLE

Eligibility, entry period and instructions, judging criteria, prize details and winner selection and notification procedures are detailed below. BY ENTERING THIS SONG CONTEST, YOU AGREE TO ALL OF THE RULES OF THIS CONTEST AND TO ALL OF THE LEGAL TERMS AND CONDITIONS LISTED BELOW.

ELIGIBILITY
This contest is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the date the contest begins. Employees and immediate family members (spouse, parent, child, sibling or sibling’s spouse) of employees of the Masters of Beverages, LLC DBA Spider Energy and Dinky Music and its affiliates are not eligible to participate. No purchase is necessary to enter the contest.
This contest is void in Puerto Rico, outside the 50 United States and the District of Columbia, and where prohibited by law.

ENTRY PERIOD
The contest begins December 1, 2009, 4pm EST and ends November 15, 2010 at, 4pm EST. All entries must be received within this time period in order to be considered for music selection. Spider Energy reserves the right to modify the deadline for submissions due to circumstances beyond its control.

ENTRY INSTRUCTIONS
Please enter the contest by submitting your mp3 or wav format song electronically to customerservice@dinkymusic.com. Entrants must submit songs by the 15th day of each month to be selected and featured the following month on the Spider Energy website and/or blog. No other method of entry will be accepted. We will not accept songs submitted through the mail.
You may submit as many songs as you wish; however, you must submit each song separately under a separate e-mail submission. Entries must be submitted in MP3 format (as .mp3 files) or WAV format (as .wav files) and should not exceed 5MB. You must submit the actual song file, not a link or other type of file. If the song file is not readable, the entry will be disqualified. Spider Energy and Dinky Music, in their sole judgment shall determine whether a song meets these requirements for entry into the contest. Electronic files submitted to Spider
Energy and Dinky Music will not be returned and may be retained by Spider Energy and Dinky Music after the completion of the contest.
By entering, you warrant that the song you submit is original and is your own, and does not infringe on the rights of any third party. You further warrant that your participation in this song contest does not violate any agreement between you and a third party.
By entering the song contest, you grant Spider Energy and Dinky Music the non-exclusive right to publish, use, distribute, reproduce and publicly display your song, and to create derivative works from your song, in perpetuity, in any of its on-line, print or other media publications, materials or exhibitions, for purposes of promoting Spider Energy Drink and Dinky Music and our mission and awareness of its program, including but not limited to for editorial, advertising, publicity, without payment of compensation unless prohibited by law. You grant Spider Energy and Dinky Music permission to provide your name and/or your band name, and your city and state of residence, when publishing, reproducing or otherwise using your song to and when identifying you as an entrant or prize winner in the song contest. While Spider Energy and Dinky Music will make every effort to credit managers, producers, band members or individuals of your choice when using songs, there may be circumstances where it is not possible to do so. Subject to the rights granted to Spider Energy and Dinky Music, you retain all other copyrights and rights to future use of the song(s) you enter into the contest.

JUDGING CRITERIA & PRIZE WINNER SELECTION
After the close of each entry period, eligible songs will be judged in the following four categories:
• Originality (How the words Spider Energy and Get Bit, Stay Lit are used in the song).
• Sound Quality (Music must be mixed in a manner that resembles standard “radio playable” music in sound quality).
• Best use of Lyrics (The words Spider Energy and Get Bit, Stay Lit must be understood and clearly pronounced).
• Appropriate Content (No submission shall contain inappropriate language or offensive content).
Preliminary judging and scoring will be done by a panel of judges from Spider Energy and Dinky Music. The songs will be judged based on the above four (4) criteria and assigned a score of up to a maximum of 40 points. The four (4) criteria, which will be weighted equally, are: Originality (maximum 10 points);
Sound Quality (maximum 10 points); Best use of Lyrics (maximum 10 points); and Appropriate Content (maximum 10 points). The judges will members of Spider Energy and Dinky Music who have experience or educational training in music and professional recording, and/or are responsible for the selection of songs and content for the Spider Energy website and blog and non-electronic publications and materials.
Only one (1) band or musician will be selected each month to be featured on the Spider Energy website and/or blog from all eligible submissions based upon the scoring system. In the event of a tie, the selection of finalists will be within the discretion of the judges.
Spider Energy will then post the winner each month on its Web site (www.spiderenergy.com) and on Spider’s Blog (www.getbitstaylit.com) and may also post on (www.dinkymusic.com).
At the end of eleven (11) months Spider Energy will invite the public to vote on the best song. Web site visitors can vote by dragging their favorite song from the songs posted into a box to select it as the winner. At the end of the public voting period, votes will be calculated by Spider Energy and Dinky Music and Category Prizes will be awarded to musician or band with the most votes. A maximum of twelve (12) Category Prize winners, one for each for each month, will be chosen, with the grand prize winner to be chosen at the finale. (For fairness to all entrants only one entry per person, per eligible active e-mail account will be able to vote for a potential winner).
The decisions of the judges are final and binding.

MONTHLY WINNER NOTIFICATION & PRIZES
On or about the 15th day of each month, beginning in January 2010, Spider Energy and Dinky Music shall notify the winner that their song has been chosen and their song will be featured the following month on the Spider Energy website and blog. Notification shall be by e-mail and/or telephone. If Spider Energy is unable to contact a potential winner, does not receive an acknowledgment of receipt from a potential winner within ten (10) days, or if the notification is returned as undeliverable, Spider Energy has the option to disqualify such potential winner and select an alternate winner. In the event no entries have been submitted or submitted entries are ineligible a winner from a prior month may be featured for an additional rotation.
Each monthly winner will be awarded one (1) case of Spider Energy Drink per month for twelve (12) months, per band member, and four (4) Spider Energy logo t-shirts per band member (size specified). Approximate retail value is $2500.00 based on an average of 4 band members.

GRAND PRIZE WINNER NOTIFICATION & PRIZES
Voting for the grand prize winner will be open to the public beginning January 1, 2011, 4pm EST through January 31, 2011, 4pm EST. Voting will only be available on line at www.spiderenergy.com
Web site visitors can vote by dragging their favorite song from the songs posted into a box to select it as the winner. At the end of the public voting period, votes will be calculated by Spider Energy and Dinky Music and the grand prize winner will be announced
Spider Energy and Dinky Music shall notify the winner that their song has been chosen as the grand prize winner. Notification shall be by e-mail and/or telephone. If Spider Energy is unable to contact a potential winner, does not receive an acknowledgment of receipt from a potential winner within ten (10) days, or if the notification is returned as undeliverable, Spider Energy has the option to disqualify such potential winner and select an alternate winner.
The grand prize winner will receive a professional recording package that consist of recording time at Dinky Music Recording Studios (Corona, CA) to record a full length digital recording of eleven (11) songs, mixing and mastering and 250 copies of the finished product on Compact Discs. Approximate retail value is $4000.00

The Grand Prize must contact Dinky Music direct and recording time must be booked on or before March 31st, 2011 and the actual recording time in the studio must be completed by December 31st, 2011. Failure to do so will result in the forfeiture of the prize. The Grand Prize is not transferable and has no cash value.

All federal, state and local taxes, fees and surcharges on prizes, if any, are the sole responsibility of the prize winners.
Prize winners will be required to execute and return to Spider Energy and Dinky Music an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form (”Affidavit and Release”) within ten (10) days of notification of selection as a prize winner. The Affidavit and Release will, among other things and as required under these contest rules, certify the prize winner’s eligibility to enter the contest, rights in the song(s) submitted, and ability to grant rights in the song(s) to Spider Energy; grant Spider Energy the right to publish and use the song(s), without further consent of or compensation to the winner and/or any person whose recognizable sound appears in the song; release and indemnify Spider Energy and Dinky Music from and against liability associated with the entry, the song(s), the contest and the prizes; acknowledge responsibility for taxes; and certify compliance with the U.S.A. Patriot Act and related anti-terrorism laws. Failure to sign and return an Affidavit and Release to Spider Energy and Dinky Music within
ten (10) days of notification may result in disqualification and the selection of an alternate winner.
Grand Prize winner will be responsible for all related expenses pertaining to travel and hotel accommodations if needed in order to claim prize.
The winning song(s) may appear on the Spider Energy Web site and Blog, and also may be used by Spider Energy and Dinky Music for future publicity.
For a list of prize winners, send a self-addressed stamped envelope to Spider Energy, “Rock Your Jingle” Song Contest, P.O. Box 79378 Corona, CA 92883 after January 15, 2011 but before July 15, 2011.

LEGAL TERMS & CONDITIONS
This song contest is subject to all applicable federal, state and local laws and regulations.
As an entrant in this song contest, it is your responsibility to determine that you are eligible to enter and to comply with the entry instructions and other song contest rules set forth herein. Any violation of the contest rules may result in your disqualification, in the sole discretion of Spider Energy.
In the event of a dispute relating to the identity of the entrant, the entrant will be deemed to be the authorized account holder of the email address used to submit the entry to the song contest. The authorized account holder shall mean the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Spider Energy and Dinky Music reserves the right to disqualify you if, among other reasons, you breach the warranties you are required to make, you have failed to secure permission from all persons whose that appear in the song, or your entry is lost, late, misdirected, incorrect, garbled or incompletely received, for any reason whatsoever, including by reason of hardware, software, browser or network failure, malfunction, congestion or incompatibility with Spider Energy or Dinky Music’s servers. Spider Energy and Dinky Music further reserves the right to disqualify you, and to seek damages against you to the fullest extent permitted by law, if you intentionally or recklessly damage The Spider Energy or Dinky Music Web site(s) or tamper with the entry process or operation of the Web site(s) or otherwise undermine the legitimate operation of the contest, or attempt to do so. Such actions may violate criminal and civil laws.
In the event that Spider Energy or Dinky Music cannot complete the song contest as planned, including but not limited to by reason of infection by computer virus,
bugs, tampering, unauthorized intervention, force majeure, technical failures of any sort or other causes beyond the control of Spider Energy or Dinky Music that corrupt or affect the administration, security, fairness, integrity or proper conduct of the song contest, Spider Energy and Dinky Music reserves the right to cancel, terminate, modify or suspend the song contest.
By entering this song contest, you agree to release Spider Energy, Dinky Music, their affiliates, and their officers, directors, agents, attorneys, employees and representatives, from any and all liability for any claims, demands, causes of action, damages, judgments or settlements, or for any losses or injury to earnings, profits, or goodwill, or for any direct, indirect, special, punitive, incidental or consequential damages, including attorneys’ fees and court costs, other than entrant’s out-of-pocket expenses (if any) associated with entering the contest, arising out of or relating to this song contest, your access or lack of access to the Spider Energy or Dinky Music Web site(s), or in connection with any prize won, any misuse or malfunction of any prize awarded, or any use by Spider Energy or Dinky Music of the song(s) submitted.
By entering the song contest, you hereby agree to defend, indemnify and hold harmless Spider Energy and Dinky Music, their affiliates, and their officers, directors, agents, attorneys, employees and representatives, against and from all third party claims, demands, causes of action, damages, judgments or settlements, including reasonable attorneys’ fees and court costs, arising out of or relating to this song contest, or in connection with any prize won, any misuse or malfunction of any prize awarded, or any use by Spider Energy or Dinky Music of the songs submitted.
In the event of any dispute, controversy or claim between an entrant and Spider Energy or dinky Music, the parties shall first seek to resolve the dispute through informal discussions. In the event any dispute, controversy or claim cannot be resolved informally, the parties agree that the dispute, controversy or claim will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of commencement of the arbitration, and the parties agree that judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.