1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.

2. Promotion Description: The “Advance into Overdrive Battle of the Bands Promotion” includes two distinct parts: a Battle (as defined herein) and a sweepstakes (the “Sweepstakes”).

3. The Battle Overview: The Rock Band 2 game (“Rock Band Video Game”) allows players to perform in virtual “bands” by providing players with the ability to play four (4) different peripherals modeled after music instruments (a guitar peripheral for lead guitar and bass guitar game play, a drum peripheral, and a microphone). These peripherals are used to simulate the playing of rock music by hitting notes that are scrolling on-screen. Harmonix Promotions and Events Inc. (“HPE”) and Energizer Battery, Inc. (“Energizer” and, together with HPE, the “Sponsors”) are sponsoring the “Advance into Overdrive Battle of the Bands” (the “Battle” and, together with the Sweepstakes, the “Promotion”) for one (1) to four (4)-person Bands (as defined herein) to compete in the Battle of the Bands mode consisting of three (3) battles in the Rock Band Video Game which allows for Bands to compete against each other remotely. The Band with the highest combined score from all three battles at the end of the Promotion Period (as defined herein) will be declared the Grand Prize Winning Band (as defined herein).

4. Promotion Period: The Promotion commences at 12:00:01 AM (ET) on November 16, 2009 and ends at 11:59:59 PM (ET) on November 27, 2009 (the “Promotion Period”). All entries must be received by 11:59:59 PM (ET) on November 27, 2009.

5. Eligibility:

(a) The Battle: The Battle is open to one (1) to four (4)-person bands where each band member is at least 14 years of age or older (except for legal residents of Maine who must be 18 years of age or older) and is legal resident of one of the 50 United States or the District of Columbia at the time of entry (each band, together, a “Band” and each band member, individually, a “Competitor”). Employees and their immediate families (i.e., parents, spouses, children, siblings, grandparents, step parents, step children and step siblings) of Sponsors and each of their affiliated companies, sponsors, parent companies, subsidiaries, advertising agencies, third party fulfillment agencies and their respective agents, employees, officers, directors successors and assigns (collectively, the “Released Parties”), are not eligible to enter the Promotion. By participating in the Promotion, Competitors (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsors, and by the decisions of Sponsors, which are final in all matters relating to the Promotion, (b) agree to release and hold harmless the Released Parties, from and against any and all claims, injury or damage arising out of or relating to participation in this Promotion and/or use or misuse or redemption of any prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; and (c) acknowledge compliance with these Official Rules. Competitors must also not be, during the time period of this Promotion or at time of prize fulfillment and acceptance, a party to any agreement with any record label, production company, publishing company or any third party that might interfere with Competitors’ participation in the Promotion, the rights granted by Competitor in connection with this Promotion and/or acceptance of the Prizes (as defined herein) awarded.

(b) The Sweepstakes: The Sweepstakes is open to Competitors who participate in the Battle and meet the Battle eligibility requirements.

6.How to Enter

(a) The Battle: The Competitor of the Band designated as the main contact (the “Leader”) must (i) register and enter the name of the Band at www.rockband.com/energizer, a website owned and operated by HPE (the “Website”), at any time during the Promotion Period, (ii) electronically agree to the terms of the Website Terms of Use and Privacy Policy and these Official Rules, and (iii) play Rock Band 2 in the Battle of the Bands mode according to the instructions below. The Leader must register the name and email address of each Competitor in the Band. NOTE: There is a minimum of one (1) Competitor and a limit of four (4) Competitors per registered Band.

(i) Battle Game Play: Bands will compete by playing the Battle series on the Rock Band Video Game, subject to these Official Rules. Each Competitor of a Band must choose an instrument from a choice of vocals, guitar, bass guitar or drums. Each Band must select and perform the Battle series. “Battle One” will be available on November 16, 2009, “Battle Two” will be available November 18, 2009 and “Battle Three” will be available on November 20, 2009. All three (3) Battles will remain active until November 27, 2009. To play, follow the instructions below:

1. Select “Tour” from the Main Menu. 2. Select either “Local Tour”, “Online Tour” (for PlayStation 3 and Wii players only), or “Xbox LIVE Band” (for Xbox 360 players only). 3. Choose the band you wish to compete with (if you have no bands, choose “Create New Band” to create one). 4. For each controller that you wish to compete in the Battle, press either the Green Fret button (guitar), Green Pad (drums), A button (Wii/Xbox 360) or X button (PlayStation 3) to join that controller to the band session. 5. Once all competing controllers have been added, press the START button (PLUS (+) on Wii) to progress to the Band Menu. 6. Select “Battle of the Bands” from the Band Menu. 7. Select the “Advance into Overdrive Battle” Battle. 8. Press the START button (PLUS (+) on Wii) to compete in the Battle.

(b) The Sweepstakes: Each Competitor that participates in at least one (1) of the three (3) series of the Battle will be automatically entered into the Sweepstakes.

(c) All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the “Eligible Entries”. Incomplete or inaccurate entries are void. In the event of a dispute over who submitted a winning entry, the authorized subscriber of the e-mail account used for each Competitor to participate in the Promotion at the actual time of entry, will be deemed to be the Competitor. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

7.Battle Scoring Determination: Overall scores are determined by the Rock Band Video Game, which is based on how accurately a player hits the notes (for players playing the guitar, bass guitar and drums) and how well you remain on key and how accurate you are in pronouncing the lyrics (for players performing vocals) (“Overall Scores”). The Rock Band Video Game has pitch and phoneme detection to determine vocalist scores. In the event of any dispute, the decisions of the Sponsors (or Sponsors’ designated representatives) will be final and binding in all respects.

8. Selection:
(a) The Battle: The highest combined Overall Score for the Battle series for each Band in the Battle will determine the single winning Band for the Battle who shall be considered the “Grand Prize Winning Band”. Each Competitor of the Grand Prize Winning Band shall be considered a “Grand Prize Winner”. The one (1) Band determined by the Sponsors to have the highest Overall Score from among the Eligible Entries will be declared the Grand Prize Winning Band and win the Battle on or about April 28, 2009. The Leader of the potential Grand Prize Winning Band will receive a notification message at the email address and/or telephone number the Leader used to register. Sponsors will make up to three (3) attempts over the 72 hour period following Grand Prize Winning Band’s selection to contact the potential Grand Prize Winning Band. If the potential Grand Prize Winning Band cannot be reached during the 72 hour period in which he/she is emailed or phoned the potential Grand Prize Winning Band will be disqualified and the Band with the next highest Overall Score will be declared the Grand Prize Winning Band. The process will continue until one (1) Grand Prize Winning Band has been reached and verified as specified in Paragraph 8. In the event more than one Band is tied for the highest Overall Score, a trivia tie-breaker will be held within 48 hours of the completion of the Battle. The Bands with the highest tied Overall Score will receive an email within 48 hours of the battle with instructions on how to complete the trivia tie-breaker which will include having to answer five (5) Rock Band questions via email (the “Email”). The first Band to submit all of the correct answers to the Sponsors in the Email will be declared the Grand Prize Winning Band. The Sponsors database clock will be the official timekeeper for the time in which the Email arrives at the designated email inbox. In addition, Sponsors reserve the right to select an alternate Grand Prize Winning Band in the event that the potential Grand Prize Winning Band (including any Competitor of a Band that is a Grand Prize Winning Band) fails to comply with their Official Rules. Following the Grand Prize Winning Band, the next four (4) highest scores will be named the second place winner (the “Second Place Winner”), third place winner (the “Third Place Winner”), fourth place winner (the, “Fourth Place Winner”), and fifth place winner (the “Fifth Place Winner” and, collectively with the Grand Prize Winning Band, Second Place Winner, Third Place Winner, and Fourth Place Winner, the “Battle Winners”), respectively.

(b) The Sweepstakes: There will be seventy-six (76) winners (the “Sweepstakes Winners” and, collectively with Battle Winners, the “Winners”) randomly selected from among all the Eligible Entries on or about November 30, 2009. HPE will make up to two (2) attempts over the 48 hour period following the Sweepstakes Winners’ selection to contact each potential Sweepstakes Winner via the telephone number(s) and/or email provided on his/her entry form. If a potential Sweepstakes Winner cannot be reached during the 48 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) or emailed, such potential Sweepstakes Winner will be disqualified and an alternate Sweepstakes Winner will be selected from among the remaining applicable Eligible Entries received, if time permits. The Battle Winners are not eligible to win the Sweepstakes. For avoidance of doubt, if a Band is determined to be a Battle Winner, none of the Competitors in the winning Band are eligible to win the Sweepstakes.

9. Verification: The potential Sweepstakes Winners and Battle Winners, including each Competitor of a Band that is a potential Battle Winner, must prove eligibility, including, without limitation, proof of age and residence within three (3) business days of being notified as a potential Sweepstakes Winner and/or the potential Battle Winners. In the event of non-compliance by a potential Sweepstakes Winner and/or the potential Battle Winners, including each Competitor of a Band that is a potential Battle Winners, such potential Sweepstakes Winner and/or potential Battle Winners shall be disqualified and all privileges otherwise due as the Sweepstakes Winner and/or Battle Winners shall be terminated and an alternative potential Sweepstakes Winner and/or Battle Winners may be chosen from among all of the remaining applicable Eligible Entries received in Sponsors’ sole discretion. The Sweepstakes Winners and Battle Winners must sign, including each Competitor of a Band that is a potential Battle Winner, (or, if a minor, his/her parent or legal guardian must sign) within three (3) days of receipt of such documents from Sponsors: (a) an affidavit of eligibility and release of Sponsors and each of their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Promotion or the use/misuse or acceptance of the Prizes or any portion thereof to be eligible for the Prizes; and (b) except where prohibited by law, a promotional release granting Sponsors the right to use their name and likeness for advertising and publicity purposes without additional compensation. Entry into this Promotion constitutes agreement to sign such releases. Sweepstakes Winners and Battle Winners, including each Competitor of a Band that is a potential Battle Winner, (or, if a minor, his/her parent or legal guardian) also must acknowledge that Sponsors have not and will not obtain or provide insurance of any kind relating to the Prizes and that the Sweepstakes Winners and/or Battle Winners, including each Competitor of a Band that is a potential Battle Winner, will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Prizes. Sweepstakes Winners and/or Battle Winners, including each Competitor of a Band that is a potential Battle Winner, (or, if a minor, his/her parent or legal guardian) must also complete any additional legal documents provided by Sponsors (or third party on its behalf, if applicable) with respect to the Prizes and return them as instructed within the timeframe specified by Sponsors or Sweepstakes Winners and/or Battle Winners may forfeit Prizes at Sponsors’ sole discretion. All decisions of Sponsors relating to the Promotion are final. Sponsors expressly reserve the right to delay the announcement of the Sweepstakes Winners and/or Battle Winners for creative or technical reasons or for any other reason Sponsors deems necessary. Sponsors reserve the right not to award the Prizes if they determine, in their sole discretion, that an insufficient number of Eligible Entries were received during the Promotion Period.

10. Prizes:
(a) Battle Prizes:
a. Grand Prize: The Grand Prize Winning Band will receive eight hundred (800) DLC track downloads, a year’s worth of Energizer Batteries and an Energizer Rock Band prize pack with may include, but is not limited to, an Energizer branded guitar cap for the Rock Band peripheral guitar, a Rock Band t-shirt, a Rock Band branded hat, and a Rock Band branded wrist band (the “Energizer Rock Band Prize Pack”), subject to change in Sponsors’ sole discretion (the “Grand Prize”). The total approximate retail value (“ARV”) for the Grand Prize is $1,550.00.
b. Second Place Prize: The Second Place Winner will receive four hundred (400) DLC track downloads and an Energizer Rock Band Prize Pack (the “Second Place Prize”). The total approximate retail value is $1,000.00.
c. Third Place Prize: The Third Place Winner will receive three hundred (300) DLC track downloads and an Energizer Rock Band Prize Pack (the “Third Place Prize”). The ARV is $750.00.
d. Fourth Place Prize: The Fourth Place Winner will receive two hundred (200) DLC track downloads and an Energizer Rock Band Prize Pack (the “Fourth Place Prize”). The ARV is $550.00.
e. Fifth Place Prize: The Fifth Place Winner will receive one hundred (100) DLC track downloads and an Energizer Rock Band Prize Pack (the “Fifth Place Prize” and collectively with the Grand Prize, Second Place Prize, Third Place Prize and Fourth Place Prize, the “Battle Prizes”). The ARV is $350.00.

The ARV for all Battle Prizes is $4,200.00.
(b) Sweepstakes Prizes: Each Sweepstakes Winner will receive one (1) of the following prizes to be selected by Sponsors at their sole discretion (collectively, the “Sweepstakes Prizes” and, collectively with the Battle Prizes, the “Prizes”):

Prizes	Qty
Wooden Fender	2
Bass Guitar	2
Ion Drum Rocker	2
Beatles Bundle	20
Prize Pack 1: Cymbal Expansion Pack, Energizer Rock Band Cap, Track Packs	10
Prize Pack 2: Energizer Rock Band Guitar Cap, Hoodie, Drumsticks, Track Pack, Hat	15
Prize Pack 3: T-Shirt, Wrist Band, Drum Sticks, Key Chain, Poster, 5 DLC Tracks	25
Total Prizes:	76

The ARV for each Sweepstakes Prize ranges from $40.00 to $300.00 and the total ARV for all the Sweepstakes Prizes is $17,000.00.

11. General Prizing Terms: The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. No substitution, transfer, assignment or cash equivalent of the Prizes or any portion thereof, will be permitted, except as provided below. Sponsors may substitute a prize or prize portion of equal or greater value if such prize/portion becomes unavailable. All costs and expenses not specifically listed above, including, without limitation, meals, snacks, beverages, entertainment, tips, souvenirs, personal expenses, any travel and/or equipment to be used in connection with the Prizes are solely Winners’ responsibility. Sponsors’ shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same.

The value of the Prizes may be taxable to the Winners, respectively, as taxable income. All Winners must supply Sponsors’ with their social security numbers and other information required for tax purposes. An IRS Form 1099 may be issued in the name of each Winner for the actual value of the Prize received. Winners are solely responsible for reporting and payment of any federal, state or local income taxes, if any, on his/her Prize. Sponsors shall have no responsibility or obligation to a Winner who is unable or unavailable to accept or utilize the Prizes, as applicable, as described herein.

12. General Terms: Noncompliance with any of these Official Rules by Band and/or Competitor may result in disqualification of Band and/or Competitor. ANY VIOLATION OF THESE OFFICIAL RULES BY A BAND AND/OR COMPETITOR OR ANY BEHAVIOR BY A BAND AND/OR COMPETITOR THAT WILL BRING A BAND AND/OR COMPETITOR OR RELEASED PARTIES INTO DISREPUTE (IN RELEASED PARTIES’ SOLE DISCRETION) WILL RESULT IN SUCH BAND AND/OR COMPETITOR AND THE APPLICABLE BAND’S DISQUALIFICATION AND ALL PRIVILEGES TO COMPETE OR WIN WILL BE IMMEDIATELY TERMINATED. This Contest and Sweepstakes are subject to all applicable federal, state, and local laws, rules, and regulations.

Released Parties assume no responsibility for incorrect or inaccurate registration information whether caused by any of the equipment or programming associated with or utilized in this Promotion or by any human, mechanical or electronic error which may occur in the processing of the registrations in this Promotion. Released Parties are also not responsible for registrations that are stolen, late, lost, illegible, incomplete, garbled, damaged, destroyed, delayed, or misdirected. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any transmission on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to Competitor's or any other person's computer related to or resulting from participation or downloading any materials in this Promotion. Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing registrations, identifying potential or actual Winners, or in the announcement of any Winners and/or the delivery of the Prizes or any component thereof. If, for any reason, the Promotion is not capable of running as planned, in whole or in part, including, without limitation, changes in MTVN’s on-air programming, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of equipment used at the Promotion, or any other technical failures, or any other causes beyond the control of Released Parties which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsors reserve the right in its sole discretion to cancel, terminate, modify or suspend the applicable Promotion and/or Event. Should the Promotion be terminated prior to the stated end date, notice will be posted on the Website and the Promotion will continue or be suspended or terminated in a manner that is as fair and equitable as possible as determined by Sponsors. All interpretations of these Official Rules and decisions by Sponsors and their designated agents are final. No software-generated, robotic, programmed, script, macro or other automated online or text message registrations are permitted. Sponsors reserve the right in its sole discretion to disqualify any individual it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online or text message registration; (ii) to have tampered with the registration process or the operation of this Promotion; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Promotion. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE PROMOTION. EACH COMPETITOR WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Each Competitor and his/her parents and legal guardian(s) agree to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from or in connection with the Promotion, to release all rights to bring any claim, action or proceeding against Released Parties, and hereby acknowledge that Released Parties 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 the Prizes.

13. Request for Names of Winners and Official Rules: For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope to: Harmonix Promotions and Events Inc., “Advance into Overdrive Battle of the Bands Promotion”, 1515 Broadway, 29th Floor, New York, NY 10036. All requests for a copy of the Official Rules and for the names of the Winners must be received by December 31, 2009. Please note on the bottom left-hand corner of the front of your outer envelope whether you are requesting “Official Rules” and/or the names of the “Winners”. Vermont residents may omit return postage if requesting a set of Official Rules.

14. Sponsors: This Promotion is sponsored by Harmonix Promotions and Events Inc., 1515 Broadway, New York, NY 10036 and Energizer Battery, Inc., 533 Maryville University Drive, St. Louis, MO 63141.