THE ESURANCE BOLLYWOOD CASTING CALL OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. HOW TO ENTER.The Esurance Bollywood Casting Call (“Contest”) begins at 12:00:00 p.m. PT on July 3, 2009, and ends at 12:00:00 p.m. PT on July 31, 2009 (the “Contest Period”). To enter the Contest, eligible individuals (see Section 2 for Eligibility) must create a live-action video (“Video”) of themselves re-enacting/performing a scene from one of the movie clips featured on the Contest webpage located at www.esurance.com/bollywood (“Web Site”). All Videos must comply with the Video Requirements detailed in Section 3 below. Then, visit the Web Site and follow the onscreen instructions to complete and submit the registration information on the Web Site and submit your Video. All registration information becomes property of Esurance Inc. (“Sponsor” or “Esurance”) and Videos will not be returned or acknowledged. You should retain a copy of your registration confirmation Video for your records. Entries must be received by Sponsor during the Contest Period. For purposes of this Contest, Sponsor “receives” an entry when, as appropriate, Sponsor’s, Saavn, LLC’s (“Saavn” or “Administrator”) or KickApps Corporation’s (“KickApps”) servers record the entry information upon clicking the final “Submit” (or similar) button. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Contest. Sponsor’s and/or Administrator’s and/or KickApps’ database clock will be the official timekeeper for this Contest. Limit of one (1) entry per person. Void where prohibited. All entries received by the end of the Contest Period that are complete, meet the Video Requirements below, and otherwise meet the eligibility and other requirements set forth in these Official Rules will be judged in accordance with the judging criteria in Section 4 below. Entries or any other material documents that are forged, altered, incomplete, or generated by a macro, bot, or other automated means will not be accepted and will be void.
   KEEP A COPY OF YOUR VIDEO, AS VIDEO FILES WILL NOT BE RETURNED AND MAY, IN FACT, BE DELETED. ANY VIDEO (OR ANY PORTION THEREOF) THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICAL RULES WILL BE DEEMED INELIGIBLE.


2. ELIGIBILITY: This Contest is open only to legal residents of one (1) of the fifty (50) United States or the District of Columbia who are at least eighteen and the age of majority in the state where they reside at the time of entry. The following people are not eligible to enter:
   • Employees of Sponsor, Saavn, Kickapps, or their respective parent companies, subsidiaries, affiliated companies, advertising agencies and promotional partners, and relatives of and those living in the same household (whether or not related) as such employees are not eligible (for the purpose of this Contest, “relatives” are defined as spouse, parent, in-laws, grandparent, sibling, children and grandchildren); and
   • Those who are represented under contract (e.g., by a talent agent or manager), who are members of any guild and/or union (including, without limitation, SAG or AFTRA), or who are under an acting, modeling, merchandising, or other contracts, if such contract or membership would (in Sponsor’s sole discretion) limit or impair Sponsor’s ability to use or reuse the Video, unfettered, royalty-free, and without any union, guild, or other payments, in any media or form.


3. VIDEO REQUIREMENTS:Videos must meet the following requirements in Sponsor’s sole discretion or they will be disqualified:
   • The Video should not be less than thirty (30) seconds long, or more than ninety (90) seconds long, no larger than one hundred fifty (150) MB, and submitted in either .mpeg, .mov, .avi, or .wmv format.
   • You must reenact a scene from one of the movie clips available on the Web Site (each an “Acceptable Clip”). Your Video may also include the music from the Acceptable Clip you re-enact in your Video (“Acceptable Music” and, together with the Acceptable Clips, the “Acceptable Content”).
   • Except as otherwise expressly provided herein with respect to your use of the Acceptable Content, any third party content or content unoriginal to entrant (including, without limitation, music and artwork) is prohibited. The Video must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity.
   • The Video must be unpublished and not have been submitted in any other contest, promotion, or competition.
   • The Video must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, artwork or political, personal, or religious statements.
   • The Video must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, or injurious to any individual, Sponsor, or any third party.
   • The Video must not contain any harmful or illegal activity or in any way violate any federal, state, or local laws or
   • Entrant agrees that his/her participation in the Contest and agreement to these Official Rules and Sponsor’s or its agents’ display and use of the Video will not violate any agreement to which entrant or any other person featured in or who assisted in making the Video is a signatory or party.
   • Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by Sponsor, its agents or licensees of the Video.
   • Entrant agrees to and must secure a written and signed release from all persons featured in or who assisted in making the Video and regarding any location appearing in the Video prior to submitting the Video in this Contest and provide them to Sponsor or Administrator upon its request.
   
   
   By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who appeared in or helped to create the Video Submission and from the locations appearing in the Video Submission. If a Video features a group performance, only the individual entrant who submitted the Video will be eligible to win. If the same Video is entered in the Contest more than once, then only the first entry willl be eligible. Sponsor reserves the right in its sole discretion to disqualify, decline to display and remove from the Web Site any entry or Video that, in its sole discretion, refers, depicts, or in any way reflects negatively upon the Sponsor, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules. Videos must be suitable for presentation in a public forum, in the sole determination of Sponsor.


4. SELECTION OF WINNER:Eligible Videos will be judged by members of the Esurance marketing or production team, chosen in Sponsor’s sole discretion (“the Judges”), based on the following criteria: 30% overall entertainment value (were you fun to watch?), 30% quality of performance (how polished are your skills?), 30% accuracy (how close were you to the real thing?, and 10% public voting (did other people like it?). The Video with the highest score, subject to verification, will be the winner. In the event of a tie, the tie will be broken by the entry with the higher score in the overall entertainment value category. If there is still a tie, the tie will be broken by the entry with the higher score in the quality of performance category. If there is still a tie after comparing these categories, the tie will by broken by the entry with the higher score in the accuracy category. The winner will be notified that he/she may have won a prize in this Contest by mail, telephone or electronic mail (at Sponsor’s sole discretion) on or about August 4, 2009. Winner will be required to sign and return, without alteration and in the form presented by Sponsor or Administrator, an affidavit of eligibility, liability/publicity release, and agreement related to having his/her likeness animated into Cartoon Bollywood Feature (as defined below) within the time frame specified by Sponsor or Administrator or the prize may be forfeited and alternate winner may be selected in Sponsor’s sole discretion. The affidavit of eligibility and all liability/publicity releases are subject to verification by Sponsor. Additional permissions, documentation, and signatures may be required, including, without limitation, a non-disclosure agreement and authorization to perform a background check or investigation on the winner. Sponsor may, in its sole discretion, require any entrant to also fill out, sign, and mail in or have those people appearing in the Video or who produced, videotaped, or edited the Video fill out, sign, and mail in additional releases and other forms within the time frame specified by Sponsor to win or move forward in this Contest. By submitting a Video, you agree to comply with any of Sponsor’s requests for such further permissions, documentation, and signatures. If any prize notification or Contest-related communication is rejected or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such winner may be disqualified and an alternate winner may be selected.


5. VOTING: Throughout the Contest Period eligible Videos, if any, will be posted for public voting on the Web Site and possibly other web sites to be determined at the sole discretion of Sponsor. Persons voting are encouraged to use the judging criteria in Section 4 above to evaluate the Videos. Entrant may be disqualified in Sponsor’s sole discretion if any voting software, macro, bot, or any other automated or improper means is used to vote in the entrant’s favor.


6. PRIZE:The entrant with the winning Video, subject to verification, will receive the following prize: (s)he shall have his/her animated likeness and/or name appear in a Bollywood-style music video featuring Sponsor’s mascot, Erin Esurance (the “Cartoon Bollywood Feature”), and which shall be featured on Sponsor’s website and, in Sponsor’s sole discretion, other media including, without limitation, on television or elsewhere on the Internet. The opportunity to appear in the Cartoon Bollywood Feature does not have a retail value. The winner must provide Esurance with a full body photograph of himself in which his/her face is clearly visible as a condition of being animated into the Cartoon Bollywood Feature. Said photograph will not be returned, and Sponsor is not liable for any expenses incurred by entrant in connection with providing said photograph. As a condition of entry, each entrant agrees that if they are the winner in this Contest, Sponsor has the right to create an animated likeness of the winner based on the Video and/or winner’s submitted photograph, and to incorporate winner’s name and/or animated likeness into the Cartoon Bollywood Feature in its sole discretion and without notice, approval, compensation, liability, or consent.
   If legitimately claimed, the prize will be awarded. All taxes and other expenses not specified herein are the sole responsibility of the winner. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, due to the prize unavailability. No more than the stated prize will be awarded.
   
   LIMITATIONS OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY JUDGES, SPONSOR, ADMINISTRATOR, KICKAPPS AND EACH SUCH ENTITY’S PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH (COLLECTIVELY “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE PRIZE, OR ARISING FROM THE USE OF THE WINNER’S NAME OR LIKENESS IN THE CARTOON BOLLYWOOD FEATURE, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
   I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


7. LICENSE:By entering, except where prohibited by law, each entrant grants to Sponsor and its agents and assigns in perpetuity, the absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Videos, entries, and the entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute a Video to an entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein.
   Each entrant acknowledges and agrees that nothing in these Official Rules will require Sponsor to use the Video in part or in whole or to include the Video in any Sponsor-related property, including, without limitation, the Esurance web site or commercials.
   
   ADDITIONAL DISCLAIMERS:The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.
   Each entrant hereby acknowledges and agrees that the relationship between the entrant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit the Video for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Video, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas, designs or performance styles may be competitive with, similar to, or identical to the Video and/or each other in idea, performance style, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to the Video or any other materials submitted by entrant. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Video or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the Cartoon Bollywood Feature, any Esurance commercial, or any other production based on or allegedly based on the Video, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.


8. GENERAL RULES:By entering the Contest, entrants agree to follow and be bound by these Official Rules and the decisions of the Judges, Sponsor, and/or Administrator which are final and binding in all matters relating to the Contest. By entering the Contest, (except where prohibited by law) each entrant consents to the use of his/her name, picture, likeness, voice, biographical data, and/or any information contained in his/her entry in advertising, promotion, and marketing materials throughout the world, including, without limitation, on the internet, by the Sponsor, its agents, licensees, promotional partners, and third party marketing entities, without additional compensation, notice, review, or approval. Failure to comply with these Official Rules may result in disqualification from this Contest. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest for any reason, including, without limitation, if the Contest is not capable of running as planned for any reason, if there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest. Sponsor may, in its sole discretion, void suspect entries and/or votes that violate these Official Rules. The use of any automated launching or entry software or any other mechanical or electronic means that permits some one to automatically enter or vote repeatedly is prohibited. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules will prevail and govern. In the event of a dispute as to the identity of an entrant based on an e-mail address, the entry in question may be disqualified subject to the Judges’ or Sponsor’s sole discretion. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law.
   
   CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW


9. DISPUTES/GOVERNING LAW/VENUE:Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased
   This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.


10. WINNER’S LIST/OFFICIAL RULES:To find out who won, send your request and a legal-size, self-addressed, stamped envelope to: Saavn, LLC, 72 Madison Avenue, 5th Floor, New York, NY 10016, attn: Esurance Bollywood Casting Call Winner’s List. Requests must be received no later than six (6) months following the end of the Contest Period. For a copy of these Official Rules, print these rules, visit www.esurance.com/bollywood and click on the link to the Official Rules, or send your request and a legal-size, self-addressed, stamped envelope prior to end of the Contest Period to: Saavn, LLC, 72 Madison Avenue, 5th Floor, New York, NY 10016, attn: Esurance Bollywood Casting Call Official Rules.


11. SPONSOR:The Sponsor of the Contest is Esurance Inc., 650 Davis St., San Francisco, California 94111-1922; and the Administrator of the Contest is Saavn, LLC, 72 Madison Avenue, 5th Floor, New York, NY 10016.

No purchase necessary to enter or win. A purchase will not increase your chances of winning. Open to legal residents of 1 of the 50 US or DC who are the age of majority in their state of residence. Entry period begins at noon PST on 7/3/09 and ends at noon PST on 7/31/09. Winner will be required to submit a photograph of him/herself as a condition of receiving the prize. Prize has no monetary value. Void where prohibited. Subject to Official Rules, which contain additional details and restrictions.
Sponsor: Esurance Inc., 650 Davis Street, San Francisco, CA 94111.