WSL AIRBORNE SERIES CONTEST
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING. THIS IS A SKILL CONTEST. CHANCE WILL NOT DETERMINE ANY WINNER(S). ALL DISPUTES WIL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT. CONTEST VOID WHERE PROHIBITED OR RESTRICTED BY LAW. IF YOU DO NOT AGREE TO ABIDE BY THESE OFFICIAL RULES, YOU CANNOT PARTICIPATE IN THE WSL AIRBORNE SERIES CONTEST OR BE ELIGIBLE TO RECEIVE THE PRIZE.
THE WSL AIRBORNE SERIES CONTEST IS SPONSORED AND ADMINISTERED BY THE ASSOCIATION OF SURFING PROFESSIONALS LLC D/B/A WORLD SURF LEAGUE WITH A REGISTERED ADDRESS AT 147 BAY STREET, SANTA MONICA, CALIFORNIA 90405 (THE “SPONSOR” OR “WSL”)
- Contest Entry Period: The WSL AIRBORNE SERIES CONTEST (“Contest”) begins at 10:00 AM Pacific Standard Time (“PST”) on August 31, 2018 and ends at 5:00PM PST on September 15, 2018 (the “Contest Period”). Sponsor shall have the sole discretion in determining the timeliness of any action or inaction relating to the Contest.
- Eligibility: Participation in the Contest constitutes entrant’s full and unconditional acceptance of these Official Rules. The Contest is open to male individuals who are thirteen (13) years or older at the Contest Start Time listed below. Any entrant under the age of majority in the jurisdiction in which entrant resides (a “Minor”) must have his or her parent’s or legal guardian’s permission to participate in the Contest in order to be eligible to participate in the Contest. The Contest is subject to these Official Rules and all applicable laws, rules and regulations
Restrictions: Residents of any country subject to embargo by the United States, and any jurisdiction where the Contest is prohibited or restricted, are not eligible to participate in the Contest. Void in Puerto Rico, Guam, the US Virgin Islands, Cuba, Iran, Syria, North Korea, Myanmar, Sudan and wherever else prohibited by law. Residents of Quebec, Canada are not eligible to participate in the Contest.
- How to Enter/Entry Requirements: Individuals who are eligible to participate in the Contest in accordance with these Official Rules may enter the Contest as follows:
Video Entry: In order to enter the Contest, each entrant must create and upload to the WSL Airborne Series Contest website at www.WSLAirborne.com, an original video showing the entrant surfing ( “Video”). The Video must be uploaded between 10:00 AM PST on August 31, 2018 (“Contest Start Time”) and 4:59 PM PST on September 15, 2018 (“Contest End Time”) and must comply with these Official Rules. Entrants may enter the Contest more than once, but each Video must be unique and submitted separately. Entries will be deemed to have been submitted by the Authorized Account Holder of the email account submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to the email account provided with the submission. Minors must have the prior consent of their parent or legal guardian to enter the Contest and to provide requisite personal information.
The Video (and any content submitted or associated with your entry, hereafter collectively “Entry”) must:
- Be no longer than sixty seconds (:60) in length;
- Feature the entrant surfing at least one(1) right hand air and one (1) left hand air; and
- Be the entrant’s original work and comply with these Official Rules.
Videos MUST NOT:
- Contain material which is (or promotes activities which are in WSL’s sole discretion) hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self- mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Video is created;
- Contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Videos must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures;
- Include third parties, including but not limited to minors, without parental consent, celebrities and friends who have not expressly authorized you to display their image, likeness or voice in any submitted Video or otherwise use such image, likeness or voice; or
- Disparage or cast a negative light on any person, entity, brand or any products or services.
Sponsor reserves the right in its sole discretion to disregard or disqualify any Entry for the Contest if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor and the Promotion Partners in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorneys’ fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder.
- Judging/Winner Selection: Following the Contest Close Time, Videos that qualify for entry into the Contest will be judged by three (3) judges selected by Sponsor that are experienced in surfing (“Judging Panel”). Sponsor may remove, replace or add additional judges to the Judging Panel in its sole discretion at any time. The Videos will be judged based on technicality, style and amplitude, (the “Criteria”) A total of two (2) entrants will be selected by the Judging Panel to compete in the Event (as defined below) to held as part of the WSL AIRBORNE SERIES in Hossegor, France (the “Winners”). One (1) Winner shall be selected from the 13-18 year age range, and one (1) Winner shall be selected from all the entries to the Contest. The Winners shall be selected by September 16, 2018.
- The Prize: The Prize is the opportunity to compete in the Red Bull Airborne Competition (the “Event”) administered by Sponsor, to be held at Hossegor, France between October 5 – October 10, 2018 (the “Prize”). The Approximate Retail Value of the Prize is Two Thousand US Dollars ($2,000) which is the lowest amount of prize money an athlete participating at the Event is entitled to receive to participate. There is no cash alternative for the Prize. All prizes are awarded “AS IS” without any representation or warranty of any kind, express or implied. No substitution, exchange or transfer of prizes will be made or is permitted except in Sponsor’s sole and absolute discretion. Winners will be informed of the exact location, scheduling details, judging criteria and prize values for the Event on or about September 16, 2018. In order to claim the Prize and compete in the Event, Winners are required to travel to the Event location (“Event Location”) and Minors are required to be accompanied by a parent or legal guardian. All costs and expenses, including, but not limited to, any ground transportation, airfare, hotel accommodation, meals or beverages, travel insurance, and all federal, provincial, state, local and/or other taxes are the sole responsibility of each Winner or Winner’s parent or legal guardian. Each Winner or Winner’s parent or legal guardian, in the case of a Minor, will be solely responsible for any government issued identification, passport or other travel documentation required to travel to or from the Event Location. Winner or Winner’s parent or legal guardian is solely responsible for all federal, state, local, and income taxes associated with winning the Prize, if any.
- Winner Notification: The Winners will be notified by email, on or about September 16, 2018 and must acknowledge receipt of Sponsor’s notification within 48 hours. All decisions of Sponsor are final. All selected Winners are subject to verification of eligibility and compliance with these Official Rules and will be required to sign a Declaration of Eligibility, written acceptance of agreement to these Official Rules, as well as enter into an Athlete Agreement and other requisite documentation in order to participate in the Event. In addition, potential winners from Canada, if any, will be required to correctly answer a mathematical skill-testing question without aid or assistance before being declared a winner. All required documents must be completed and returned to Sponsor by the date and time communicated by Sponsor. If a potential Winner cannot be contacted, fails to timely claim the prize, is disqualified or if a Winner or a Winner’s parent or legal guardian fails to timely execute and return any required forms or other documents, or if the prize notification is returned as undeliverable, Sponsor may select an alternate Winner from among the remaining eligible entries based on the judging criteria or such alternate method as solely determined by Sponsor. Under no circumstances will more than the stated and advertised number of Prizes be awarded.
- Releases: Entrant acknowledges that entrant may be participating in dangerous activities in connection with the Contest, including the inherently dangerous surfing activities contemplated by the Contest. Entrant understands that the risk of injury from the activities involved in the Contest is significant, including the potential for permanent paralysis and death, and while particular equipment and personal discipline may reduce this risk, the risk of serious injury does exist. Entrant acknowledges and agrees that Sponsor and the other Promotion Partners are not advocating or suggesting the performance of dangerous tricks, tricks above entrant’s skill level or tricks that should only be performed by a professional. Entrant acknowledges and agrees that Sponsor and the other Promotion Partners have no responsibility whatsoever for injuries, losses, or damages of any kind that result from entrance into the Contest or receipt, acceptance, possession, or use of any Prize. By entering the Contest, entrant agrees to indemnify, release, discharge and hold harmless Sponsor and each Promotion Partner, and each of their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, entrant’s participation in the Contest or any Contest-related activities (including, without limitation, events, travel, etc.) and the acceptance and use, misuse, or possession of any Prize awarded hereunder (including, without limitation, any non-compliance by entrant with these Official Rules; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any Winner). SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE OR FROM PARTICIPATION IN THE CONTEST.
- Clearances and Warranty: You represent and warrant that you are the sole creator and owner of all rights in the Video, including without limitation the copyright(s) therein; that use of the Video by Sponsor, as contemplated by your submission or the terms and conditions herein will not infringe upon or violate any proprietary rights, including, but not limited to, patents, trade secrets, rights of privacy, copyrights and trademarks, of any third party; that all rights granted herein are free and clear of any and all liens, encumbrances or claims whatsoever; and that you have secured all rights, interests, licenses and clearances necessary for the use of the Video, including but not limited to: (i) authorization by any persons appearing in the Video for the use, by Sponsor (and its licensees and assigns), of his/her performance, image, name, likeness, voice, and biography in connection with the exhibition and other exploitation of the Video as contemplated by these Official Rules, and (ii) if any music is included in the Video, all necessary music synchronization and performing rights from the copyright proprietors of such music and such other persons, firms, associations, societies or corporations as may own or control the synchronization and performing rights thereto. You represent and warrant that the Video and any use thereof by the Sponsor, and any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
- Rights in Video: In consideration of your Video being reviewed and evaluated by Sponsor for your entry in the Contest, you hereby grant to Sponsor, and its licensees and assignees, in perpetuity, the worldwide, non- exclusive, royalty-free, sub-licensable, assignable, irrevocable right, license and authority to: (i) use the Video on Sponsor’s (and its licensees’ and/or assigns’) owned and operated digital platforms, such as the Sponsor website and app and social media channels, including, but not limited to, Facebook, and other websites (the “WSL Platforms”), in any and all productions produced by Sponsor (and its licensees and/or assigns) to market or promote the Sponsor, the Promotion Partners the sport of surfing, the Contest, in promotions and/or advertising relating to the Contest, and in connection with any other materials created in relation thereto; (ii) edit, modify, distribute, publicly perform, promote, sell, lease, broadcast, transmit, exhibit and otherwise use and exploit, in all languages, all versions and copies of any Video or any production with the Video contained therein, on any and all media now known or hereinafter devised; and (iii) freely assign and/or sublicense the rights granted herein to any third party in Sponsor’s sole discretion. You acknowledge and agree that if Sponsor elects to use the Video the entrant shall not be entitled to any credit, consideration or notice or payments of any kind, and all rights under copyright or other intellectual property rights which may result from the use of the Videos by Sponsor shall be the sole property of Sponsor. You waive any and all moral rights in the Video with respect to any use by Sponsor, its sub-licensees, licensees or assignees. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the Videos, in any way, and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to you or any third party. Sponsor is under no obligation to use the Video or publish the same on any media whatsoever.
- Waiver of Equitable Relief: You acknowledge and agree that Sponsor does not now and shall not in the future owe any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Video. You acknowledge that, with respect to any claim by you relating to or arising out of Sponsor's actual or alleged exploitation or use of any Video or other material submitted in connection with this Contest, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Video or any other production based on or allegedly based on the Video, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- Disclaimer of Liability: Sponsor is not responsible for any materials provided to Sponsor which are deemed harmful or offensive to others or for any harm incurred as a result of a Video. The Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Video transmitted on any media including online or on television. All statements and opinions made by an individual are those of such individual(s) only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same.
- Indemnity: You agree to indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of your representations, warranties or obligations herein.
- Release And Limitation Of Liability: By participating, you agree that the Sponsor and the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the submission microsite to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the submission microsite; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from a Video submission for the Contest; and (vi) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel this Video submission process at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of this submission process, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.
- Issues with submissions: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible submissions; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR DAMAGE ANY WEBSITE ASSOCIATED WITH THE SPONSOR OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to withdraw the submission of any individual if, in Sponsor’s sole discretion, an individual is found to be attempting to tamper with or undermine the submission process or any website associated with the Contest, violating these Official Rules, or if acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
- LIMITATION OF LIABILITY AND RELEASES: BY SUBMITTING A VIDEO FOR THE CONTEST, YOU AGREE THAT SPONSOR AND THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM SAID SUBMISSION, INCLUDING ACCESS TO AND USE OF THE SUBMISSION MICROSITE OR THE SPONSOR WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SUBMISSION MICROSITE, INCLUDING THE SPONSOR WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disputes: By participating in the Contest, you agree that: (i) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys’ fees; (ii) under no circumstances will you be permitted to obtain any award for, and you hereby waive 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (iii) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of you, Sponsor and Promotion Partners in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California; and (iv) the parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgement on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlines Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAM. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- Official Rules and Winners List: For a copy of these Official Rules, visit www.WSLAirborne.com or send a self-addressed envelope for receipt to the Association of Surfing Professionals LLC d/b/a World Surf League, 147 Bay Street, Santa Monica, California 90405 (“WSL Registered Address”). For a list of winners, which should be available after September 16, 2018, please send a self-addressed envelope for receipt to the WSL Registered Address.