Terms of Use

“Ladyjack’s Next Video VIxen”

OFFICIAL CONTEST RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR ABILITY TO WIN.THIS CONTEST IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE 48 CONTIGUOUS STATES OF THE UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR OTHER AGE OF MAJORITY IN THE STATE IN WHICH THEY RESIDE) AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES, THE TERMS & CONDITIONS, ACCEPTABLE USE POLICY, PRIVACY POLICY.

All Entries (as defined below) are subject to the Terms & Conditions, Acceptable Use Policy and Privacy Policy. To the extent that there is any conflict between these Official Rules and the Terms & Conditions, the Official Rules will control.

Contest Name: Ladyjack’s Next Video Vixen (“Contest”).

The Contest is sponsored by Ladyjack. (“Sponsor”) and is administered by Design Visionary. (“Administrator”). For purposes of this Contest, “Entrant” means the person who actually submits the Entry (as defined below) for the Contest.

By participating in the Contest each Entrant agrees as follows:

1. ENTRY PERIOD. The Contest begins at 12:00:01 P.M. Central Standard Time (CST) on July 1, 2010 and ends at 11:59:59 p.m. Central Standard Time (CST) on September 30, 2010 (the “Contest Period”). All entries must be received by Sponsor as required herein prior to the expiration of the Contest Period. Sponsor reserves the right to extend or reduce the Contest Period in its sole discretion.

2. ELIGIBILITY: The Contest is open only to natural persons who are legal residents of the contiguous 48 states of the U.S. and the District of Columbia who (i) at the time of entry submission have attained the age of majority in the jurisdiction where they reside, (ii) Employees, independent contractors, agents, and representatives of the Sponsor, Administrator, prize providers and their respective parent companies, affiliates, subsidiaries, successors, assigns, advertising or promotional agencies; and their respective employees, officers, directors, members of their immediate families (parents, siblings, children or spouses, regardless of where they live), and those persons living in the same household, whether related or not, of such individuals (jointly and severally, the “Contest Parties”), are ineligible to enter. Winners may be required to sign an affidavit of eligibility and a receipt and to provide reasonable documentation as requested to establish eligibility.

3. DISQUALIFICATION. Without limitation, an Entry may be disqualified, at Sponsor’s sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (ii) you are subject to a restraining order, (iii) any member of recording act which submits an entry is a Contest Party; (iv) you fail to meet the Entry Requirements including for those for eligibility; or (v) you violate or fail to comply with the Terms & Conditions, Acceptable Use Policy, Privacy Policy or these Official Rules.

4. METHOD OF ENTRY: Entries to the Contest must be submitted via the online form made available on this website www.nextvideovixen.com (the “Site”) prior the expiration of the applicable entry period.

5. ENTRY REQUIREMENTS: An Entry (“Entry”) consists of the following:

(i) one (1) photo in either .jpg, .gif, or .png file format, with a file size of no more than one gigabyte (1GB by Entrant.

Only one Entry will be accepted from each Entrant. In the event that more than one entry is made by any Entrant, the first entry shall be deemed the Entrant’s Entry, and all additional entries will be disqualified.

Entrant hereby represents and warrants that the Entry:

• is not overtly sexually explicit, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;

• does not promote firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

• is not obscene or offensive, or endorse any form of hate or hate group;

• does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, including the Contest Parties;

• does not contain, disparage or tarnish trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

• does not contain any copyrighted materials owned by others (including, without limitation, musical works, sound recordings, audiovisual works and/or other works);

• does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Entrant members;

• does not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor or the other Contest Parties wish to associate; and

• does not depict the violation of, and cannot itself be in violation of, any law.

If Sponsor becomes aware that any Entry violates the Official Rules or the Terms & Conditions of Use, Sponsor reserves the right to delete and disqualify the Entry and Entrant.

6. LICENSE, REPRESENTATIONS & WARRANTIES. Entrant represents and warrants that he/she/it owns or otherwise possesses all of the rights required by law to legally reproduce, distribute, publicly perform, publicly display, prepare derivative works of, transmit (digitally and otherwise) and to otherwise make available the Entry. Entrant hereby grants to Sponsor and Administrator a perpetual, nonexclusive, royalty-free and compensation-free, sublicensable, fully transferable license to reproduce, distribute, publicly perform, publicly display, prepare derivative works of, transmit (digitally and otherwise) and otherwise exploit any and all musical works, sound recordings, audiovisual materials, text, data; your name, image, likeness voice, biographical material and other personal attributes; and any other information embodied in the Entry throughout the universe. Without limitation, the license granted hereunder authorizes, but does not obligate, Sponsor and Administrator to use the Entry in advertising and promotional materials and for any other reasonable business purpose.

7. JUDGE QUALIFICATIONS. The “Judges” shall be all current members of Ladyjack, a rock band, and the director and producer of the video. Ladyjack shall serve as the “Final Judge”.

8. JUDGING CRITERIA: The winning Entry will be selected based on the professional quality presentation and the commercial viability/marketability of the Entry by the Judges and Final Judge in their sole discretion (“Judging Criteria”). The decisions of the Judges and Final Judge shall be final and binding.

9. SELECTION OF WINNERS: Winner selection will occur as follows:

Preliminary Round: Entries received in full during the Contest Period will be posted at the time of entry on the Site for online voting, which will take place beginning on July 1, 2010 and ending on Sept 30, 2010 (the “Voting Period”). During the Voting Period, visitors to the Site may vote and otherwise participate in viewing and reviewing the Entries. Visitors may vote only once per calendar day for each Entrant. The Entries will be ranked by Administrator’s proprietary ranking algorithm, which includes a weight to the number of votes received; “fans” and “friends” accumulated; and the amount of “activity” demonstrated, will be reviewed by the Judges, according to the above rank, who will choose fifty (25) Entrants to advance (the “Finalists”) to the Grand Prize Round, based upon the Judging Criteria.

Grand Prize Round: The Entries of the Finalists will be reviewed by the Final Judge (Ladyjack), who will choose the winning Entry (the “Winner”) (and alternates as necessary) based on the Judging Criteria.

The Entries will be ranked according to, among other things, public voting. Any attempt by an Entrant, or anyone acting at Entrant’s direction (express or implied) to employ schemes or mechanisms to fraudulently or unfairly affect the outcome, as determined by Sponsor in its sole discretion, shall result in disqualification of the Entrant.

The Final Judge will select the Winner based upon the Final Judge’s evaluation of the Finalists’ Entries, based upon the Judging Criteria. The Sponsor will announce the Winner on or about Oct 15, 2010.

10. GRAND PRIZE: The Winner will receive the following:

(i) A trip to Los Angeles, CA (the “Trip”) to star in a music video with rock band Ladyjack. The Trip will include coach airfare from nearest metropolitan airport for the Winner; single occupancy hotel accomodations; not more than two (2) days. The approximate retail value of this prize is indeterminable.

(ii) Prize packages from Mac Cosmetics. The approximate retail value of this prize is indeterminable.

(iii) Prize packages from Victoria’s Secret. The approximate retail value of this prize is indeterminable.

(iv) An editorial feature on ladyjack.com. The approximate retail value of this prize is indeterminable.

The prizes described above are subject to availability and may be changed or modified at Sponsor’s sole discretion. If requested, Winner shall provide Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. The approximate aggregate retail value of the Grand Prize is $5,000. There is no retail or cash value for certain components of the Grand Prize. Income taxes on prizes are solely the responsibility of the Winner.

11. WINNER NOTIFICATION. Winner will be notified by phone, email, and/or regular mail sent to the contact information provided the winning Entrant’s Entry. Unverified winners may be notified by email and must respond within 48 hours of transmission and confirm their availability to participate in the music video as part of the Prizes during a period to be determined by the Sponsor prior to notification to the Winner. If Sponsor does not receive a written response within this time period, or Winner is not available during the required time period, Winner may, at Sponsor’s sole discretion, be disqualified and an alternate winner will be determined. If it is determined any member of a group comprising the Winner is ineligible, the entire group will be disqualified.

12. TAXES. The valuation of the prize(s) stated above is based on reasonably available information provided to the Sponsor. The value of any prize awarded to a Winner may be reported for tax purposes as required by law. Each Winner is solely responsible for reporting and paying any and all applicable taxes. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

13. DISCLAIMER. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

14. LIMITATIONS OF LIABILITY AND RELEASE: Sponsor, Administrator and other Contest Parties are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of the Site, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (vi) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Site or the download of any information from the Site; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR ADMINISTRATOR, OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.

Entrant acknowledges that Sponsor, Administrator and other Contest Parties, and their respective parents, subsidiaries, affiliates, successors, assigns, and prize providers (collectively “Released Parties”) maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing services, products, or accommodations supplied by others as a part of the Contest. Entrant agrees that Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, “Suppliers”); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant hereby waives, releases and discharges each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or in any Contest-related activity or from acceptance, possession, use or misuse of any prize.

By entering the Contest, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Accordingly, by entering the Contest, you (on your behalf and on behalf of your heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of you) hereby waive and relinquish any right or benefit which you or such persons has, have or may have against Sponsor and the other Contest Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Terms & Conditions, Acceptable Use Policy and Privacy Policy.

15. WINNERS LIST/OFFICIAL RULES:To obtain a copy of any legally required winners list, send a self-addressed stamped envelope (except for residents of Vermont, who do not have to provide postage) to Administrator at the address set forth below. All such requests must be received within four (4) weeks after the end of the Contest. The Winner’s name will also be posted on the Site after a Winner is named, on our about Oct 15, 2010. These Official Rules will be posted on the Site.

16.Governing Law, Jurisdiction, & Venue. The Official Rules shall be governed by and interpreted pursuant to the laws of the State of California and the United States of America without regard for conflicts of law principles. Entrant irrevocably agrees that the state and federal courts situated in Los Angeles County, California shall have exclusive jurisdiction and venue over any and all disputes arising under or related to these Official Rules and/or the Contest, and you hereby expressly waive jurisdiction and venue in any other forum.

SPONSOR: Ladyjack, Los Angeles CA 90046.

ADMINISTRATOR: Design Visionary, Los Angeles CA 90069.