Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN THIS CONTEST.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

1. ELIGIBILITY: The "POWERADE® Dunk Domination Contest" ("Contest") is open to legal residents of the fifty (50) United States and the District of Columbia, who at the time of entry are at least thirteen (13) years of age. Children between the ages of 13 and 18 must get prior permission from their parent or legal guardian to enter. Employees (and their immediate families) of Energy Brands Inc., d/b/a glacéau ("Sponsor"), The A Team LLC ("Administrator"), iHigh.com, Inc ("Online Promoter") and each of its respective parents, bottlers, distributors, subsidiaries, affiliates, suppliers, advertising agencies, and persons living in the same household as such employees are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law or regulation. The Contest begins on February 1, 2010 at 12:01:00 a.m. (EST) and ends on March 11, 2010 at 11:59:59 p.m. (EST) ("Contest Period").

2. HOW TO ENTER: To enter, 1.) visit www.POWERADEDUNK.com and upload a video expressing a creative way to dunk a basketball. Entrant is described as the person who is dunking the basketball in the video. Complete the requested information: full name, email address, mailing address, phone number, movie title, movie description/keywords, any music titles used (must be 100% original music of entrant), and length of video (video must be sixty (60) seconds or less). The Sponsor requires one of the following four (4) formats for uploaded video: .wmv, .mpg, .mov, or .avi. Entry must be submitted by March 11, 2010 at 11:59:59pm (EST). OR 2.) Mail a DVD of your video expressing a creative way to dunk a basketball to: "POWERADE® Dunk Domination Contest", Attn: Josh Gold, glacéau, 17-20 Whitestone Expressway, Whitestone, NY 11357. Include the following information on a piece of paper: full name, email address, mailing address, phone number, movie title, movie description/keywords, any music titles used (must be 100% original music of entrant), and a length of video (video must be sixty (60) seconds or less). Formats of DVD are listed above. Entry must be postmarked by March 11, 2010 and received by March 18, 2010. There are no limits as to how many videos you may submit, but each video must be substantially different from the others you submit. Any videos that duplicate previously submitted entries may be ignored by the judges. Incomplete entries will not be accepted.

The video showcasing the entrant's creativity to dunk a basketball must be: (i) 100% entrant's own original work (including any music contained in the video), and (ii) sixty (60) seconds or less. Videos may include props. Videos can only include more than one individual if the individual is essential to the basketball dunk trick being performed. By uploading your video, you agree that you have received permission for the use of the image/likeness of any and all identifiable persons appearing in your entry. You may be required to submit a release (to be provided by Sponsor) signed by each identifiable person appearing in your entry granting Sponsor permission to use his or her image/likeness.

Videos must not: (i) feature or reference any material that infringes upon the rights of any third party, including trademark, copyright, and rights of publicity; (ii) involve dangerous or life threatening moves, tricks, or stunts; (iii) contain vulgar, obscene or indecent language or behavior; (iv) defame, libel or otherwise violate the rights of any third party, (v) violate any federal, state or local laws or ordinances; or (vi) be inappropriate, offensive, disparaging in antics, remarks, or actions or lewd as determined by the Sponsor in its sole discretion. Videos must keep with the Sponsor's image and videos that are, in Sponsor's sole opinion, inappropriate, not in keeping with Sponsor's image or that are otherwise not in compliance with these Official Rules, will be disqualified. Please keep in mind that videos entered into the Contest may be posted at www.POWERADEDUNK.com, and therefore, should not contain any information that entrant would not want made publicly available.

Entrants must enter for themselves; no entries can be submitted on behalf of other individuals. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor is not responsible for lost, late, stolen, incomplete, garbled, delayed, undelivered, inaccurate, illegible, or misdirected entries, transmissions, interrupted or unavailable network, server or other connections, miscommunications, failed computer hardware or software or telephone transmissions or technical failures, garbled, misrouted, scrambled transmissions or other errors or problems of any kind whether mechanical, human, network or electronic or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest or the processing of entries; for inaccurate entry or other Contest related information, printing, typographical or other errors appearing in these Official Rules, or in other Contest related materials. By participating, entrants agree to abide by these Official Rules and to the decisions of the Sponsor and/or judges, which shall be final and binding in all matters relating to this Contest. All entries and submitted materials will not be acknowledged or returned, and all mailed-in submissions become the property of the Sponsor. Use of script, macro or any device to automate entry is prohibited and any entries received through such means will be void.

3. SELECTION OF GRAND PRIZE WINNER: Entries will be judged on a 100 point scale consisting of (i) Innovation and creativity of dunk (1-25 points), (ii) Power and completion of dunk(1-25 points), (iii) Attitude and excitement of Entrant dunking the basketball(1-25 points), and (iv) Overall Appeal of Video(1-25 points). In the event that there is a tie score, the tie will be broken based on which entrant received the highest score for overall appeal of the video. Judging will be conducted by a qualified panel of judges. The entrant with the highest score will be deemed the Grand Prize winner and will be chosen and notified by email, telephone, and/or overnight delivery on or about March 18, 2010. Any prize notice that results from error of any kind will be void. Unless otherwise prohibited, Grand Prize Winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of notification attempt or prize will be forfeited and an alternate winner (with the next highest number of votes) will be selected (time permitting).

4. PRIZE (1): One (1) Grand Prize Winner will appear as a guest judge at Jamfest for the Slam Dunk Contest in Columbus, Ohio on March 29, 2010. The prize includes round trip coach airfare from a major airport near the winners' residence to Columbus, Ohio for the winner and one (1) guest. Prize also includes hotel accommodations for two (2) consecutive nights in a standard, double occupancy room, an American Express® Gift Card valued at $500.00 for food and other travel incidentals, POWERADE merchandise from the Jamfest event, and transportation to/from Jamfest to the hotel. Approximate retail value of Grand Prize: $2,100.00. Certain restrictions may apply. Winner and winner's travel companion must be able to travel on March 28, 2010 through March 30, 2010 or prize will be forfeited and alternate winner will be chosen (time permitting). Winner and winner's travel companion must travel on the same dates and flights and their flights will be issued as the exact name on their government identification. Ground transportation to and from hotel and to and from the airport will not be provided by Sponsor. Winner is solely responsible for the payment of all federal, state and local taxes and all additional meals, beverages, transportation or other expenses or costs relating to the prize not expressly set forth above. The prize is non-transferable and may not be exchanged for any other prizes by winner. Sponsor reserves the right to substitute a prize of comparable value in its sole discretion.

A prize won by a minor (as minor is defined by the jurisdiction of minor's residence) will be awarded in the name of, or to, the minor's parent or legal guardian. If the prize winner is a minor, the prize winner will be required to travel with his or her parent or legal guardian. Winner, and winner's parent or legal guardian if winner is a minor (both on behalf of themselves and winner) must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within five (5) days of notification. If the travel companion of the Grand Prize winner is under the age of eighteen (18) years of age, the travel companion must be the child or legal ward of the prize winner. Grand prize winner and travel companion are solely responsible for obtaining travel insurance (and all other forms of insurance) where applicable, at their option, and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand prize winner will be required to present a valid credit card upon hotel check-in to cover incidental expenses incurred during stay. All travelers must possess required travel documents (e.g. valid government issued photo I.D.) prior to departure. The name on the airline ticket of the Grand Prize Winner and travel companion must be the same as on their government issued ID. Entering the Contest and accepting the prize constitutes permission to use the name and likeness of the prize winner for advertising and publicity purposes without further compensation, unless prohibited by law.

5. MISCELLANEOUS: Entry materials/data that have been tampered with or altered are void. Entrants found tampering with or abusing any aspect of this Contest, as solely determined by Administrator, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus or other problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize from among the eligible, non-suspect entries received up to the time of the impairment. If any such malfunction, error, disruption or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Contest, Sponsor may, in its sole discretion, suspend or terminate the Contest by posting a notice on www.POWERADEDUNK.com. Sponsor, Online Promoter and Administrator are not responsible for lost, late, misdirected, illegible, or damaged entries. The Sponsor will be the sole judge of which entries are valid and its decision is final and binding.
By entering the Contest, entrant represents and warrants that his/her entry: (i) is 100% the original work of the entrant produced for this Contest; (ii) has not been entered in or won previous contests or awards; (iii) has not been published previously in any medium; (iii) does not infringe any party's intellectual property rights; (iv) does not contain obscene or pornographic material; (v) does not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); (vi) does not include threats to any person, place, business, group or world peace, (vii) does not invade privacy or other rights of any person, firm or entity, and (viii) does not in any other way violate applicable laws and regulations.
By entering this Contest and uploading your video, you irrevocably grant to Sponsor and its agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such video in any way, in any and all media (including without limitation the right to post your video on the Contest website at www.break.com or on other websites not owned or operated by Sponsor), for the purpose of advertising and promoting this Contest and similar contests administered by Sponsor. The winners irrevocably grant to Sponsor and its designees the perpetual, worldwide right to post, display, publish, use, adapt, edit, modify and/or creative derivative works of the winning videos in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor may determine in its sole discretion. Further, the winners agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in their winning video, including, without limitation, all copyrights, and agree to waive all moral rights in the video. Entrant hereby agrees to defend, indemnify and hold harmless Sponsor, Administrator, Online Promoter and their respective parents, bottlers, distributors, subsidiaries, affiliates, employees, directors, agents, suppliers, and advertising agencies ("Contest Entities") against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of these Official Rules, including, without limitation, entrant's representations and warranties made herein.
6. LIABILITY & RELEASE: By participating in the Contest, each entrant agrees to release and hold harmless Contest Entities from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Contest or receipt or use, misuse or possession of any prize, including, but not limited to: (i) human error or unauthorized human intervention in the Contest; (ii) technical errors related to computers, servers, providers, or telephone or network lines; (iii) printing errors; (iv) lost, late, stolen, incomplete, garbled, delayed, undelivered, illegible, or misdirected entries; (v) errors in the administration of the Contest or the processing of entries; or (vi) injury or damage to persons, including death, or property (including computers) which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Entrants hereby acknowledge that Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize.

7. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court with primary jurisdiction over Whitestone, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

8. WINNER LIST: For the name of the prize winner, send a self-addressed, stamped envelope to: POWERADE Dunk Domination Contest Winner List, P.O. Box 3612, Grand Central Station, New York, NY 10163. Requests must be received no later than 04/30/10.

Sponsor: Energy Brands Inc. d/b/a glacéau, 17-20 Whitestone Expressway, Whitestone, NY 11357.

Administrator: The A Team L.L.C., 232 Madison Avenue, New York, NY 10016.