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Magic Hat's Big Opener 2010 Official Rules

OFFICIAL RULES MAGIC HAT'S BIG OPENER 2010 NO PURCHASE NECESSARY TO ENTER, VOTE OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. YOU MUST BE 21 YEARS OLD OR OLDER TO ENTER THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF AL, CT, DE, DC, FL, GA, IL, IN, IA, KY, LA, ME, MA, MD, MI, MN, MO, NH, NJ, NY, NC, OH, PA, RI, SC, TN, TX, VT, VA, WVA, WI 21 YEARS OF AGE AND OLDER VOID IN CA AND WHERE RESTRICTED OR PROHIBITED. RESTRICTIONS APPLY. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE RULES

Magic Hat Brewing Company is sponsoring a band at the Newport Folk Festival, MAGIC HAT'S BIG OPENER 2010! Are you a touring band that could use a sponsor? Magic Hat is looking for a great band to sponsor at the Newport Folk Festival. We are asking fans of Magic Hat to choose the band they would like to hear. If your band would like to be considered, you must submit an original musical performance of an original song in MP3 format to http://magichat.net/opener  between 12 AM ET March 15, 2010 and 11:59 PM ET June 1, 2010 (see additional requirements below).

Three (3) finalist bands will be selected by the Newport Folk Festival creative team in its sole discretion from all eligible performances. The Newport Folk Festival creative team may consist of Newport Folk Festival staff, performance artists who have previously appeared at the Newport Folk Festival and media partners. The performances submitted by these three finalists will be posted on Magic Hat’s website on or about June 9, 2010 until on or about June 30, 2010 for voting by visitors to the Magic Hat website. The band receiving the most votes wins! The winning band will be announced on or about July 6, 2010. The winning band must be available to perform a minimum thirty minute set on each of July 31, 2010 and August 1, 2010. Specific performance time(s) at in the sole discretion of the Newport Folk Festival schedulers. Only one set is awarded. The set may or may not be for a 30 minute period or a continuous 30 minute period. Additional performance time may be available in the sole discretion of the Newport Folk Festival schedulers. All bands and band members must meet eligibility requirements. All entries are subject to verification by Sponsor.

By entering the contest, entrant grants Magic Hat, its successors and assigns an unlimited, worldwide, perpetual, license and right to publish, use, reproduce, display and publicly perform the entry in any and all media, without limitation, and without further consideration. This license includes the right to use or not use the entry in whole or in part, with the right to create derivative works, and the right distribute the entry in any media throughout the world forever by Magic Hat, its successors and assigns. Entrant waives any “moral” rights in the entry. For purposes of these rules, “entrant” means the actual entrant, the composer, all band members and anyone and any materials visible/audible on the entry. It is the responsibility of the entrant to insure that all parties to the entry understand and agree to these Official Rules and this license.

The entrant, composer and band retain all rights in the entry not specifically licensed to Magic Hat under these Rules. PRIZES: One (1) Grand Prize winning band will receive:

• A performance opportunity at the 2010 Newport Folk Festival. THE BAND MUST BE AVAILABLE FOR A PERFORMANCE ON EACH OF JULY 31 AND AUGUST 1, 2010. SPONSOR CANNOT GUARANTY A PARTICULAR PERFORMANCE DATE OR TIME. SETS MAY BE SPLIT TO FIT AVAILABLE TIME FRAMES. THE BAND MUST BE PREPARED FOR A MINIMUM THIRTY MINUTES’ TOTAL PERFORMANCE TIME ON ANY OF THESE DATES OR PARTIAL SETS ON ANY OF THESE DATES.

• One Thousand Dollars (US$1,000) Magic Hat Brewing Company tour sponsorship award to be used to defray band travel costs and expenses to and at the Newport Folk Festival. A check in the amount of US$1,000 will be awarded in the name of the band by Sponsor following the conclusion of the festival and confirmation of the performance.

• Magic Hat will at its expense send an email burst to all registered members of the Magic Hat email list announcing the performance. • Magic Hat will at its expense list the performance on its on-line calendar and on its social network pages.

• All other expenses and costs of the entry and the band and the tour whatsoever not specifically listed in this section, including travel to and accommodations at the Newport Folk Festival, are the responsibility of the band.

HOW TO ENTER: To enter you must submit an MP3 format musical performance audition no more than seven (7) minutes long to http://magichat.net/opener  between 12 AM ET March 15, 2010 and 1:59 PM ET June 1, 2010. No other formats or methods of entry will be accepted.

To be an ELIGIBLE BAND you must:

• Be able to submit a resume containing at least five (5) previous professional concert/performance dates between 03/15/2009 and 03/15/2010.

• Be able to create and perform an original song for submission to Magic Hat for consideration.

• Be available to play at the Newport Folk Festival on EACH OF JULY 31 AND AUGUST 1, 2010.

• Be able to fund all band expenses to create, produce and submit your entry and fund all of the band’s concert expenses at the Newport Folk Festival other than the prizes specifically provided in these Official Rules

• Be willing to have the name and image of the band and all band members (including reasonable identifying locations, such as the city and state where the band/band members is/are based) used for publicity without any additional compensation Your SUBMISSION must contain:

• An MP3 format musical performance by your band of an original song written by a band member or members and performed exclusively by the band with the express permission of the composer

• The name of the composer(s) of the original song performed, who must be band members

• The name of the band • Email contact information to contact the band

• The names, addresses and ages of each band member (all must be legal residents of their state and over 21 years of age at the time of submission)

• The band’s hometown

• The “story” (bio) of your band must be provided in the space indicated on the submission form

• Band links, if desired, such as Myspace or Facebook

• A picture of the band in jpeg format

• A resume detailing at least five (5) previous professional concert/performance dates between 03/15/2009 and 03/15/2010 together with a statement that the band is available to play at the Newport Folk Festival on EACH OF JULY 30, 31 AND AUGUST 1, 2010.

• Only original songs and performances are eligible.

• Entries must be received on or before 11:59 PM ET June 1, 2010 and must meet all eligibility requirements.

The contest is open to legal residents of AL, CT, DE, DC, FL, GA, IL, IN, IA, KY, LA, ME, MA, MD, MI, MN, MO, NH, NJ, NY, NC, OH, PA, RI, SC, TN, TX, VT, VA, WVA, WI, 21 years of age or older. In no event will the band be considered employees or agents of Magic Hat or the Newport Folk Festival for any reason. RIGHTS; AFFIDAVITS All entrants, including potential winners, may be required to sign an affidavit of eligibility and release and such additional assignment documents as Sponsor may provide in its sole discretion. The affidavit and release must be returned by the date later provided by Magic Hat.

• By entering the contest, entrant understands that Magic Hat Brewing Company will be the perpetual licensee of the entry as above. Don’t forget that your entry includes your image and your entry includes information about you. The perpetual license includes rights to these images and material as well.

• Entries will not be returned. By entering the contest, you warrant that your entry was created exclusively by the identified band member(s), is performed exclusively by the identified band member(s), and does not contain music, images, text, graphics, photos or any other elements belonging to or created by a third party, libelous or obscene material or materials that violates the publicity, privacy or other rights of anyone else, as further provided below. You may use reproductions of Magic Hat trademarks, labels, text and graphics in your work, but only in connection with your entry in this contest, and for no other purpose. IF YOU DO NOT WANT US TO HAVE A PERPETUAL LICENSE IN YOUR ENTRY AND USE IT HOWEVER WE WANT FOREVER, OR IF YOU DO NOT WANT YOUR NAME AND/OR IMAGE USED FOR PUBLICITY, DO NOT ENTER THE CONTEST! All taxes are the exclusive responsibility of the winners. Prizes are not transferable. No prize or cash substitutes allowed (although Magic Hat may award a prize of like value to a winner in the event any prize is unavailable). JUDGING: Representatives from the Newport Folk Festival,its artists and its media partners will select three (3) favorite entries from all eligible entries. The decisions of the Newport Folk Festival panel are final and binding and in their sole and totally subjective discretion. Their three favorites will go live on our MagicHat.net website on or about June 9, 2010 until on or about June 30, 2010 for final judging by visitors to our website.

NO PURCHASE NECESSARY TO ENTER OR VOTE. Visitors to our website may VOTE on their choice for the Grand Prize winner from among the eligible finalists. Only one vote will be counted per e-mail address. One (1) Grand Prize winner will be chosen on or about July 6, 2010. Approximate Retail Value of Grand Prize: $1,500

GENERAL CONDITIONS:

1. NO PURCHASE NECESSARY TO ENTER OR WIN. NO PURCHASE NECESSARY TO VOTE. A purchase does not increase your chance of winning. Void in CA and where otherwise restricted or prohibited.

2. GENERAL ELIGIBILITY REQUIREMENTS: • This promotion is not open to the employees, immediate family, or household members of Magic Hat Brewing Company or any of its affiliated entities, or its wholesalers, distributors, vendors & their immediate families and household members. • Entrants must be 21 years of age or older and be a legal resident of AL, CT, DE, DC, FL, GA, IL, IN, IA, KY, LA, ME, MA, MD, MI, MN, MO, NH, NJ, NY, NC, OH, PA, RI, SC, TN, TX, VT, VA, WVA, WI. Contest is void in CA and where prohibited or restricted.

3. REPRESENTATIONS. By entering the contest, entrant represents to Magic Hat that he/she meets all contest eligibility requirements, is the sole creator and owner of all rights in the entry (except for the rights of Magic Hat in any Magic Hat materials used to create the entry), and that the entry does not infringe on any third party’s copyrighted material, trademark or other intellectual property rights, does not constitute libelous material, is not obscene and does not violate any third party's contract, privacy, publicity or other rights. You will indemnify us against any breach of any of your obligations and warranties.

4. UNCLAIMED PRIZE. In the event any prize is not claimed or is forfeited, all subsequent prize-winners will be moved up a prize level and the remaining winner(s) will be chosen by Magic Hat staff from among eligible entries. The prizes will be awarded unless no eligible winners remain or no time remains for an eligible winner to travel to the Newport Folk Festival. Only the prizes stated in these Official Rules will be awarded. No cash substitution.

5. RELEASE AND DISCLAIMER. All entrants agree to hold harmless and release Sponsor, its affiliates, parent, subsidiaries, shareholders, directors, officers, employees, the service agencies and independent contractors of any of the above and all others associated with the development and execution of this Contest from any and all liability with respect to or in any way arising from this Contest; participation in any Contest-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Neither the Sponsor nor its agents are responsible for lost, late, misdirected, unintelligible, returned or undelivered prize claims, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this contest or website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate website's terms of service, as solely determined by the Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like Contest plays or voting or entry methods will void all such plays/votes/entries, and may subject that entrant to disqualification. Sponsor is not responsible for injury or damage to entrants’ or any other person's computer or property related to or resulting from participating in this Contest. Should any portion of this Contest, in the Sponsor's sole opinion, be compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or submission of entries, Sponsor reserves the right at its sole discretion to cancel, suspend, modify or terminate the contest, and randomly select the winners from valid plays/entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor.

6. ENTRY FORMAT: Only entries submitted in MP3 format, no longer than seven (7) minutes playing time, will be accepted.

7. SPONSOR: This contest is sponsored by Magic Hat Brewing Company, South Burlington, Vermont.

8. CONDITIONS OF ENTRY. Entrant agrees that as a condition of entering the Contest: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts of the State of Vermont; (ii) by participating or submitting an entry in the Contest, entrant consents to the personal and subject matter jurisdiction of such courts for such purpose; (iii) the parties waive any right to trial by jury; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant, including costs associated with entering this Contest but in no event entrant's attorneys' fees; and (v) under no circumstances will entrant be permitted to obtain an award for and entrant hereby expressly waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased.

THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF VERMONT, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. ALL PRIZES ARE AWARDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. WINNERS ACCEPT PRIZES “AS-IS.” SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

9. PRIVACY: Click here to view our Privacy Policy.

10. LIST OF WINNERS. For the name of the winning band, send a SASE to: MAGIC HAT'S BIG OPENER 2010, 5 Bartlett Bay Rd., So. Burlington, VT 05403 on or before September 30, 2010.