CONTEST HAS ENDED

OFFICIAL RULES: SHOT IN THE PITS 2 PHOTO CONTEST

VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.

1. INTRODUCTION
This document describes the official rules (“Rules”) of the Shot In The Pits 2 Photo Contest organized by the FOX and Keep A Breast, (the "Contest"). The object of this contest is to show off your creativity and promote the 2009 Vans Warped Tour in your photographic submission for the Contest. The winning design will be considered use as commercially by the sponsors in any medium available item. Information on how to enter and prizes forms part of these Rules. To the extent of any inconsistency, these Rules prevail.

2. DEFINITIONS
"Entry" means a design created by the Entrant for this Contest.

"Entrant" means the individual or group of individuals that offers the Entry under the terms of this Contest.

"Sponsor" means Fox Head, Inc., located at 18400 Sutter Blvd., Morgan Hill, CA, 95037 and the Keep A Breast Foundation.

3. ACCEPTANCE
Participation constitutes the Entrant's full and unconditional agreement to and acceptance of these Rules. By participating in the Contest, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these Rules. Including the guides and rules referred to herein, these Rules constitute the entire agreement between the Entrant and the Sponsor in relation to the Contest. They govern the Entrant's participation and supersede any prior or other agreements between the Entrant and the Sponsor and relating to the Contest.

4. ELIGIBILITY
The Contest is open only to individuals who are at least 18 years of age who live in the United States. Contest is void and where prohibited by law. Employees and contractors of FOX and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persons living in the same household as such employees or contractors, are not eligible to participate. This Contest is governed by the laws of the State of California, United States. The Contest is subject to all applicable, as the case may be, national, federal, state and local laws.

5. SEVERABILITY
When any provision of these Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Rules remain in full force and effect.

6. CONTEST PERIOD
The Contest begins at 1:00 PM Pacific Standard Time (PST) on July 21, 2009 and ends August 8, 2009. Sponsor may in its sole discretion cancel or postpone the Contest. The winners will be notified by August 15, 2009.

7. HOW TO ENTER
To enter the Contest, the Entrant must go to www.fox-girls.com and follow the instructions on that page. There is no fee to enter the Contest.

Entries must be submitted online by August 8th. Each Entrant must be the named and authorized account holder of the email address submitted in connection with that Entrant's Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entries submitted will not be returned or acknowledged.

Without limiting any representations or warranties, the Sponsor has the right (though not the obligation) to, in the Sponsor's sole discretion, reject or remove from the Sponsor's websites, servers and computer systems any Entry that, in the Sponsor's sole discretion, violates these Rules or any applicable Sponsor policy or is in any way harmful or objectionable. Sponsor also reserves the right to disqualify any Entrant or Entry at the Sponsor's sole discretion. No correspondence shall be entered into regarding Sponsor’s decision.

8. SUBMISSION CRITERIA
To enter this contest, Entrant must submit a photograph to Fox which the Entrant believes best captures the 2009 Vans Warped Tour. The picture must have been taken at an earlier event of the 2009 Vans Warped Tour. Follow directions for uploading your pictures at: www.fox-girls.com/sitp (Format, size, etc. information are all be there for you to follow). There will be three categories for image submissions. Categories for images are:

Band Shot: onstage, band performance

Keep a Breast Shot: must be KABF motivated.

Tour Shot: this one is wide open - grab a moment in time of pure Warped Tour. Let your creativity and imagination go! What says Warped Tour in one image? Capture it!

Submission deadline is August 8, 2009.

9. PRIZES
There will be one (1) grand prize winner and three (3) first prize winners.
The grand prize winner will receive the following grand prize package with a total Estimated Retail Value of $2,300:

Round trip airfare for you and an adult friend from a major airport within the continental United States to attend the Warped Tour on August 22, 2009 in San Diego, CA. Estimated Retail Value: $1,200.
Two tickets for the 2009 Vans Warped Tour in San Diego. ERV $200
One room at a hotel for two nights in San Diego, CA. ERV: $300
Fox clothing products selected by Fox for the winner and their guest valued at $300 (MSRP) per person ERV:$600.

The first prize winners will each receive:

$500 (MSRP) of Fox merchandise.

The prizes are non-transferable and no substitution by winner or cash equivalent is permitted. The Sponsor may substitute prize for one of equal or greater value at its sole discretion. Only one prize will be awarded to an Entrant. Please note that if the winner is a group of individuals, then the group will share the above-stated prize. A prize will not be given to each member of the group. The winner will be responsible for all federal, provisional, state, local and other applicable taxes relating to the prize.

10. JUDGING AND SELECTION OF WINNER
Judging.
All Entries will be judged and scored by an internal Sponsor team. The judging panel will select the top design based on the following judging criteria: (a) Concept/Originality; (b) Effective Communication of categories (see above); (c) Legality and Feasibility.

The decisions of the judging panel are final on all matters relating to the Contest and no correspondence will be entered into regarding the judging panel’s decision.

11. REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant warrants and represents in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry; (b) the Entry is original and the use of the Entry as described in these Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, does not contain defamatory or derogatory remarks, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) he/she has accurately categorized and described the type and nature of the Entry on the Entry Page; (f) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (g) the Entry and its use as described in these Rules will not violate any federal, provincial, state or local laws or ordinances; (h) no employer or educational or other establishment has any rights in the Entry; (i) the Entry is consistent with these Rules; and (j) he/she has the right to grant the license to Sponsor and its designees in Section 12 below.

12. INTELLECTUAL PROPERTY
Any submission idea, documentation, photograph or video entered in this Contest shall remain the exclusive property of Sponsor and Entrant agrees that Sponsor and its designees shall have the perpetual, worldwide, irrevocable right to edit, publish and use these materials in any way and in any and all media now or hereafter known for trade, advertising, promotional and/or other purposes as Sponsor may determine in its sole discretion without further consideration to Entrant or winner. The Entrant agrees to assign all rights, title and interest in to the submission, including copyright, to Sponsor and waives his/her moral rights in the submission. In the case of Entrants who are Australian residents, Entrants consent to the Sponsor doing or omitting to do any act which may otherwise infringe the Entrant’s moral rights (as defined in the Copyright Act 1968 (Cth)).

13. AUTHORIZATION TO USE WINNER'S NAME
Accepting the prize constitutes permission for the Sponsor to make public and otherwise use winner's name, voice, picture, likeness, opinions, biographical information, city and country of residence, and submitted work without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law. Each winner also agrees to participate in and cooperate with any promotional activity and/or publicity relating to the Contest as the Sponsor shall reasonably request from time to time.

14. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the Sponsor. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted.

BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.

By participating in the Contest, the Entrant agrees that the Sponsor is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant's access of the Contest website. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at www.foxhead.com . If the Contest is terminated before the scheduled end of the Contest Period, the Sponsor will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom the Sponsor believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. 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 OR 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; AND (II) ANY CLAIMS, JUDGEMENTS 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.

For the avoidance of doubt, to the extent that English law applies, nothing in these Rules shall limit or exclude either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.

15. PRIVACY
Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, the information communicated by the Entrant in connection with Entry to the Contest will be used for the purposes relating to this Contest, and will not be communicated to third-parties without prior permission. Please refer to our Privacy Policy for further details.

16. INTERPRETATION, GOVERNING LAW; JURISDICTION
Interpretation. In the case of any dispute about the interpretation of the Rules, Sponsor’s decision as to the interpretation shall be final and Entrant shall be bound by Sponsor’s decision.

Governing Law. The interpretation and enforcement of these Rules will be governed by the laws of the State of California, USA, except to the extent required to be governed by the local law in the place of residence of Entrant. In relation to residents of the United Kingdom, in the event that the laws of the State of California do not apply, English law shall apply. The Entrant and the Sponsor agree to the extent permitted by law to submit all disputes arising out of or relating to these Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Santa Clara County, California.

17. NAME OF WINNER
For the name of the winner and/or the judges send a self-addressed, stamped envelope to “Shot in The Pits 2 CONTEST Winner List", attn: FOX, 18400 Sutter Blvd., Morgan Hill, CA 95037. Requests must be received (not just postmarked) by September 22nd , 2009.

18. CONSIDERATION
The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant's obligations under these Rules.

Please retain a copy of these Rules for your records.