“ESP/Metal Mulisha Sweepstakes”
Official Rules

THE FOLLOWING CONTEST IS INTENDED FOR THE UNITED STATES ONLY, AND SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL CONTEST RULES

Sponsors: The ESP Guitar Company, 10903 Vanowen Street, North Hollywood, CA 91605 (“ESP”); Metal Mulisha, 5 Jenner, Suite 180, Irvine, CA 92618 (“Metal Mulisha”).

NO PURCHASE NECESSARY TO ENTER OR WIN: NO PURCHASE IS NECESSARY TO ENTER OR WIN.

Entrants need not be present to win.

Prizes and Odds of Winning: The odds of winning the following Grand Prize will depend upon the total number of eligible entries received. The one (1) Grand Prize shall consist of: (1) ESP/Metal Mulisha Honda CR250 motorcycle, (1) ESP/LTD Viper-MM guitar, (2) round-trip airplane tickets to Los Angeles, CA from anywhere in the United States, (1) night hotel stay for two persons, $500 cash USD, (1) package of assorted apparel and merchandise from ESP and Metal Mulisha, (2) tickets to the Summer X-Games, and the opportunity to meet members of the Metal Mulisha motocross team.

Entry: Entrants may enter the contest by fully completing and submitting the entry form online at [ENTER URL HERE]. Only one entry will be accepted per person. By entering, entrants agree to be bound by these Official Rules and to comply with all federal, state, and local laws and regulations.

Eligibility: This contest is open only to legal residents of the United States. Entrants must be 18 years or older as of January 26, 2009. Employees of The ESP Guitar Company, Metal Mulisha, and their affiliates, their agencies and representatives and their immediate family members, and individuals residing in the same household as such individuals are not eligible to participate in this contest. This contest is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. By participating, entrants agree to these official rules, and agree to accept all decisions of ESP and Metal Mulisha with respect to this contest as final.

Contest Period: The contest will begin on January 26, 2009 and entries will be accepted until 11:59 PM, PST, on June 30, 2009.

Potential prize winners will be notified by the email or telephone contact information submitted along with the contest entry form. If a winner is unreachable for one week (7 days) after the initial attempt to contact him or her, or is otherwise unavailable for prize fulfillment, an alternate winner will be selected. All winners will be subject to verification and must meet all eligibility requirements before a prize is awarded.

ALL PRIZES ARE AWARDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY.

General Considerations: By entering, participants agree (a) that Sponsors, their affiliates, subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents, (individually and collectively "Releasees") are indemnified, released and will be held harmless by participants from any and all liability, for any damages, injuries or losses of any kind (whether due to negligence or otherwise) to person(s), including death, or property, arising directly or indirectly from the acceptance, receipt, possession, enjoyment, ownership, misuse or use of a prize or his/her participation in this Promotion or any Promotion-related activity; and (b) winner grants (and agrees to confirm such grant in writing promptly upon request) to Sponsors and those acting under Sponsorsʼ authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web and Internet, without review, notification, approval or additional compensation, unless prohibited by law. Sponsors expressly disclaim any responsibility or liability for injury or loss to any person or property relating to delivery or use of the prize awarded. By entering, participants agree to complete, sign and return an Affidavit of Eligibility and Liability Release consistent with the above language, and, where lawful, Publicity Release within fourteen (14) days of receipt of notification. If the Affidavit of Eligibility and Liability Release are not returned in a timely manner, or if prize notification or prize is returned as non-deliverable, or if the winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner selected. Winner may not transfer, assign, or substitute prize. By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, will be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest, but in no event attorneys' fees; and (3) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental, and consequential damage, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

Limitation of Liability: Neither Sponsors nor any of their affiliates are responsible for printing or typographical errors in any contest-related materials; for stolen, lost, late, misdirected, damaged, incomplete, or illegible entries; or for transactions that are processed late or incorrectly or are lost due to computer or electronic malfunction. Sponsors reserve the right to cancel or modify the contest if fraud or technical failures compromise the integrity of the contest, as determined by Sponsors in their sole discretion. By entering, participants release and hold harmless Sponsors and their affiliates and their respective directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for, or participating in any prize-related activity.

Winners List: The name of the verified Grand Prize winner will be determined and posted on the ESP and Metal Mulisha web sites at http://www.espguitars.com and http://www.metalmulisha.com, respectively, after July 5, 2009 and before July 15, 2009. You may also obtain the name of the winner by sending a self-addressed, stamped envelope to: ESP Guitars, Attn: ESP/Metal Mulisha Sweepstakes Contest Winner, 10903 Vanowen Street, North Hollywood, CA 91605.