Quiksilver – Win The Grand Prize (prize valued at $11,000)

Quiksilver Young Guns Surf Contest
Official Rules
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
THIS IS A SKILL CONTEST. CHANCE WILL NOT DETERMINE ANY WINNER(S).
1. Contest Timing: The Quiksilver Young Guns Surf Contest (“Contest”) begins at 8:00 A.M.
Pacific Standard Time (PST)”) on August 1, 2019 and ends on Nov 9 27, 2019 (the “Contest
Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may
also rely on the time processing functions of third parties. Sponsor shall have the sole discretion
in determining the timeliness of any action or inaction relating to the Contest. This is a Contest
where the winner(s) will be determined on the basis of skill, not chance.
2. Eligibility: Participation in the Contest constitutes entrant’s full and unconditional acceptance
of these Official Rules. The Contest is open to individuals who are thirteen (13) years of age
or older as of the beginning of the Contest Period and younger than eighteen (18) years of age
as of November 10, 2019. Employees, agents, directors, managers or officers of Boardriders,
Inc. (“Sponsor”) or any of its direct or indirect parent companies, subsidiaries, affiliates,
advertising agencies, public relations agencies, or prize suppliers, including, without
limitation, vendors providing services in connection with the Contest (all of the foregoing,
collectively with Sponsor, the “Contest Entities”), members of the immediate family
(including, without limitation, any spouse, partner, parent, grandparent, sibling, child or
grandchildren, in each case, whether related by blood, adoption, marriage, civil partnership or
cohabitation) of, and those living in the same household as any employee, agent, director,
manager or officer are not eligible to participate in the Contest. Residents of Quebec, Canada
are not eligible to participate in the Contest. Residents of any country subject to embargo by
the United States, and any jurisdiction where the Contest is prohibited or restricted, are also
not eligible to participate in the Contest. The Contest is subject to all applicable laws, rules and
regulations. Void where prohibited or restricted. Any entrant under the age of majority in the
jurisdiction in which entrant resides 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.
3. 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 entrant’s
Instagram account (requires agreement to Instagram’s terms of use and privacy policy and for
entrant’s profile to be public in order for the videos to be accessible by Sponsor) an Instagram
clip between three seconds and one minute in length with original video that has not been
previously published in another competition, (the “Video”) with the hashtag
“#YGSURFcontest” AND tagging @quiksilver. The Video must be uploaded between 8:00
A.M. PST on August 1, 2019 (“Open Time”) and 7:59 A.M. HAST on August 29, 2019 (“Close
Time”) and must comply with the Required Representations and Warranties set forth below.
Entrants may enter the Contest more than once, but each Video must be unique, submitted
separately and include the required hashtag “#YGSURFcontest” AND tag @quiksilver.
Anyone found using multiple Instagram accounts to enter the Contest will not be eligible to
win. Entries will be deemed to have been submitted by the “Authorized Account Holder” of
the Instagram account submitted at the time of entry. “Authorized Account Holder” is defined
as the natural person who is assigned to an Instagram account by Instagram. Entrants must
have the prior consent of their parent or legal guardian to enter the Contest and provide personal
information.
REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in the
Contest, you represent and warrant that your entry (including, without limitation, any Video or
other content associated with your entry – hereafter, collectively “Entry”) complies with the
following criteria as applicable (collectively, the “Required Representations and Warranties”):
(i) Your Entry must be your own original work or you must have all the rights
necessary to post or re-post the content. Any person who helped produce the Video
must grant ownership rights to you by a signed/dated written statement
acknowledging the transfer of any ownership rights they may have in the Video to
you. Each Entry must not contain any material that would violate or infringe upon
the rights of any person or entity, including without limitation copyrights,
trademarks or rights of privacy or publicity, or that is defamatory, threatening,
indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any
applicable laws or regulations, or which requires a license from any third party.
(ii) Your Entry may not feature or show any other individual aside from you and must
be truthful, contain all original content (nothing copied from others), be self-
produced, be unpublished, and have not been used in another competition.
(iii) Except for the marks of Sponsor (addressed below), the Entry must not contain or
reference any names, products or services of any company or entity or any third-
party trademarks, logos, trade dress or promotion of any brand, product, or service.
Sponsor grants you the limited permission to display each of their “Quiksilver”
brand marks and products in your Entry solely for purposes of entering the Contest
and subject to these Official Rules.
(iv) Each Entry must be appropriate for public viewing. Without limiting the foregoing,
each Entry must not be lewd, obscene, sexually explicit, pornographic, disparaging,
defamatory, libelous, violate any laws or otherwise contain content which Sponsor
in its sole and absolute discretion decides is inappropriate or objectionable. Your
Entry must also not disparage or cast a negative light on any person, entity, or brand,
product, or service.
Sponsor reserves the right in its sole discretion to not consider 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 other Contest Entities 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.
By submitting your Entry you grant to Sponsor and the other Contest Entities a perpetual,
irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license
to reproduce your Entry and to otherwise (in whole or in part) use, exploit, copy, modify, adapt,
edit, publish and display the Entry (including any photo, video or other content associated with
your Entry) in any form, manner, venue, media or technology now known or later developed
for any and all purposes, including, without limitation, for purposes of trade, advertising, and
promotion as Sponsor and the other Contest Entities and their respective licensees or assignees
determine, without further compensation, notification, or permission. Further, by entering, you
hereby waive any moral rights you may have in your Entry in favor of Sponsor and other
Contest Entities.
By submitting your Entry you also grant to Sponsor and the other Contest Entities the
worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not
the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances,
physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen
personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance
characteristics, biographical data, signatures, and any other indicia or imitations of identity or
likeness listed, provided, referenced, or otherwise contained in the Entry (all attributes,
collectively, per person, a “Persona”) for purposes of advertising and trade, in any format,
medium, or technology now known or later developed without further notice, approval, or
compensation, unless prohibited by law.
4. Judging/Winner Selection:
Round 1 Judging: Following the Close Time, Videos that qualify for entry into the Contest
will be judged by one or more 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 creativity, technical
aspects of the entrant’s performance, and flow (e.g., movement from one turn to the next) (the
“Criteria”). A total of eight (8) entrants from Round 1 Judging will be selected by the Judging
Panel to compete in Round 2 of the Contest (the “First Round Winners”). The Judging Panel
will also select one (1) entrant as the winner of the Creativity Prize (as defined below) based
on the creativity of the entrant’s Video, as determined by the Judging Panel in its sole and
absolute discretion. The First Round Winners and winner of the Creativity Prize will be
notified by email, phone or direct message on Instagram on or about September 5, 2019 and
must respond to Sponsor’s notification by email to acknowledge receipt of Sponsor’s
notification within 48 hours. All decisions of Sponsor are final. All selected First Round
Winners and the winner of the Creativity Prize are subject to verification of eligibility and
compliance with these Official Rules.
Round 2 Judging: On or about September 10, 2019, Sponsor will upload the Video Entry of
each of the eight (8) First Round Winners on Sponsor’s Instagram account @quiksilver for
judging by the public during the one-week period immediately following Sponsor’s upload of
each Video (the “Round 2 Judging Period”). Sponsor will ask the public to judge the First
Round Winners’ Videos during the Round 2 Judging Period based on the Criteria. The public
may vote by following Sponsor’s instructions, including using any hashtag(s) as instructed by
Sponsor. Limit one (1) vote per person and per Instagram account. Use of script, macro or
any device to automate voting, hiring outsourced vote-farming services, paying for votes, or
engaging in any other conduct deemed inappropriate, unfair, disruptive or unsportsmanlike as
determined by Sponsor in its sole and absolute discretion, is prohibited, and any entries or
votes received through such means will be void. Any attempt by any voter or entrant to submit
or solicit more than the stated number of votes by using multiple/different Instagram accounts,
identities or any other method will void that person’s votes and entry (if any), and he/she may
be disqualified from further voting or other participation in the Contest.
At the conclusion of the Round 2 Judging Period, the top three (3) entrants whose Videos
received the highest number of votes will advance to the final stage of the Contest as described
below. In the event of a tie among the top Videos receiving votes, the Judging Panel will
determine which entrant(s) will advance to the final stage of the Contest using the Criteria. The
Judging Panel will also select one (1) additional First Round Winner to advance to the final
stage of the Contest based on the Criteria.
5. Finals/Grand Prize Winner:
Finalist Notification and Eligibility: The four (4) finalists (the “Finalists”) selected to compete
in the final stage of the Contest (the “Finals”) will be contacted by Sponsor on or about
September 26, 2019. Each Finalist must respond to Sponsor within two (2) calendar days of
the date on which Sponsor sends notification. Winner must respond by email or telephone to
the contact address/number provided in the notification. Sponsor reserves the right to
disqualify anyone not fully complying with the Official Rules or meeting the eligibility and
participation criteria in Sponsor’s sole and absolute discretion. The failure to respond to the
notification as determined by Sponsor in its sole discretion may result in forfeiture and Sponsor
may declare an alternate Finalist based on judging results described in these Official Rules.
Finalists will be required to show proof of eligibility and complete, sign and return any other
documents required by Sponsor, in its sole and absolute discretion, including, but not limited
to, Finalist’s written acceptance of and agreement to all of the terms and conditions of these
Official Rules and a liability/publicity release. Finalists’ parent(s) and/or legal guardian(s) will
also be required to complete, sign and return any documents required by Sponsor, in its sole
and absolute discretion, including, but not limited to, written acceptance of and agreement to
all of the terms and conditions of these Official Rules and a liability/publicity release. Failure
of any Finalist or his or her parent(s) or legal guardian(s) to complete and execute documents
required by Sponsor prior to the deadline determined by Sponsor will result in disqualification,
and Sponsor may, in its sole and absolute discretion, select another Finalist as a replacement.
Finals Competition and Grand Prize Winner Selection: The four (4) Finalists will have the
opportunity to compete in the Finals. The Finals will take place in Ericeira, Portugal (the
“Finals Location”) from November 1, 2019 to November 8, 2019 (the “Finals Period”).
Finalists will be informed of the exact location and scheduling details on or about September
16, 2019. Each Finalist will be required to compete in a series of surfing challenges according
to the rules and guidelines determined by Sponsor in its sole and absolute discretion. The
Finalists’ performance in the Finals will be judged by the Judging Panel according to the
criteria determined by Sponsor and communicated to the Finalists. One (1) winner will be
selected as the winner of the Finals and awarded the Grand Prize subject to the terms and
conditions of these Official Rules.
Finals Competition Requirements: In order to compete in the Finals, Finalists are required to
travel to the Finals Location and must be accompanied throughout the Finals by their parent or
legal guardian. Each Finalist and any person accompanying the Finalist may be required to
execute the Documentation (defined below) in advance and by the date specified by Sponsor.
In the event that a Finalist is unable to travel during the Finals Period or does not provide the
executed Documentation, the Finalist will be disqualified from the Contest and will not be
eligible to win the Grand Prize. Sponsor will reimburse each Finalist (or Finalist’s parent(s)
or legal guardian(s) accompanying Finalist to the Finals Location, as applicable) up to One
Thousand Dollars (US$1,000.00) total in travel expenses incurred by Finalist and the Finalist’s
parent(s) or legal guardian(s), as applicable, to travel to the Finals Location to compete in the
Finals. All other 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 Finalist and Finalist’s parent(s)
or legal guardian(s). Each Finalist and Finalist’s parent(s) or legal guardian(s) will be solely
responsible for any government issued identification, passport or other travel documentation
required to travel to or from the Finals Location.
6. Winner Notification: The potential winner of the Creativity Prize will be notified by email,
phone or Instagram direct message from Sponsor on or about Sept 6, 2019. The potential
winner of the Grand Prize will be notified in person following the completion of the Finals.
The potential winner(s) must respond to Sponsor’s notification and provide all requested
information within forty-eight (48) hours of the first contact or attempted contact from Sponsor
or the potential prize may be forfeited. To claim any prize, Sponsor may require winner(s) to
complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms
and other applicable documents, which may require a social security number and/or other
personally identifiable information, and may need to be notarized (collectively, the
“Documentation”), before claiming any prize. 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. At Sponsor’s sole and
absolute discretion, winner(s) may be required to produce a picture or some other form of
proper identification to claim any prize. Sponsor reserves the right to substitute any prize with
a prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim
the prize, is disqualified, 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 Criteria or such
alternate method as solely determined by Sponsor. Under no circumstances will more than the
advertised number of prizes be awarded.
7. Prize(s) and Approximate Retail Values (“ARVs”):
Creativity Prize: One (1) winner will receive the Creativity Prize, which consists of One
Thousand Dollars (US$1,000.00) paid by check.
Grand Prize: One (1) winner will receive the Grand Prize, which consists of Ten Thousand
Dollars (US$10,000.00) paid by check.
The total ARV of all prizes awarded under the Contest is Eleven Thousand Dollars
(US$11,000.00). All prizes are awarded “AS IS” without any 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.
8. Publicity & Marketing: Submission of an Entry in the Contest constitutes permission, but not
the obligation, to Sponsor and other Contest Entities and their respective licensees and assigns
to use entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image,
portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style,
statements, gesture, mannerism, personality, performance characteristic, biographical data,
signature, and any other indicia or imitation of identity or likeness for purposes of advertising
and trade, in any medium, without further notice, approval, or compensation, unless prohibited
by law. Submission of contact information in connection with the Contest (whether or not
required), including, without limitation, mailing address, phone number, and email address,
constitutes permission for Sponsor and the other Contest Entities to use entrant’s personal
information for purposes of administration of the Contest and for other purposes permitted by
Sponsor’s Privacy Policy located at www.quiksilver.com. You may opt-out of receiving such
communications as set forth in Sponsor’s Privacy Policy or as provided within any such
marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s
emails). You understand that you are providing your information to Sponsor. The information
you provide to Sponsor will only be used in accordance with Sponsor’s Privacy Policy. By
participating in the Contest, you agree to the terms of Sponsor’s Privacy Policy.
9. General Terms: Decisions of Sponsor on all matters relating to the Contest are final and
binding. All federal, state, provincial, local and other taxes, related to the prizes, are the sole
responsibility of the winners. Contest Entities do not warrant that access to the Contest will be
uninterrupted. The Contest Entities are not responsible for, including but not limited to,
technical, hardware, software or telephone malfunctions of any kind, lost or unavailable
network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic
communications caused by the user or by any of the equipment or programming associated
with or utilized in the Contest or by any human error which may occur in the processing of the
Entries in the Contest or for any liability for damage to any computer system resulting from
participation in, accessing or downloading information in connection with the Contest.
Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers or
attempts to tamper with the entry process or the operation of the Contest; violates the Official
Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person. ANY ATTEMPT BY ANY PERSON TO
DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST,
INCLUDING BUT NOT LIMITED TO ANY FRAUDULENT CLAIMS, MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT
BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES
(INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST
EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of
that provision. Sponsor reserves the right to cancel or modify the Contest and to disqualify any
entrant for any reason, in its sole and absolute discretion, including (but not limited to) if, for
any reason, the Contest is not capable of running as planned, including infection by computer
virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the
control of Sponsor which corrupt or affect the administration, security, fairness, integrity or
proper conduct of the Contest. If such cancelation occurs, Sponsor reserves the right to select
the winners from among all eligible entries. The invalidity or unenforceability of any provision
of these Official Rules shall not affect the validity or enforceability of any other provision. In
the event that any provision is determined to be invalid or otherwise unenforceable or illegal,
these Official Rules shall otherwise remain in effect and shall be construed in accordance with
their terms as if the invalid or illegal provision were not contained herein.
10. 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 Contest Entities
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 Contest Entities 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, each other Contest Entity, and
Instagram, 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 and travel) 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; acceptance, possession, misuse or use of any prize; 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). The foregoing includes, without limitation, any claim for personal injury,
property loss or damage, or death arising in any way in connection with the Contest.
11. Disputes: Except where prohibited, each entrant agrees that any and all disputes, claims and
causes of action arising out of, or connected with, the Contest or any prize awarded shall be
resolved individually, without resort to any form of class action, and exclusively by the
appropriate court located in the State of California. 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 Sponsor or other Contest Entities in connection
with the Contest, shall 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 (whether of
the State of California or any other jurisdiction), which would cause the application of the laws
of any jurisdiction other than State of California.
12. Winner List: To obtain the winners’ names visit www.quiksilver.com or send a self-
addressed, stamped envelope to: Quiksilver Young Guns Surf Contest c/o Boardriders, Inc.
5600 Argosy Circle, #100, Huntington Beach, California 92649, U.S.A., with a written request
by January 1, 2020.
13. Third Party Platforms: The Contest is in no way sponsored, endorsed, administered by or
associated with Twitter, Facebook or Instagram (collectively, the “Social Network”). By
participating, you release the Social Network and its respective parent companies, subsidiaries,
affiliates, partners, employees, directors, agents, and advertising agencies, from and against
any and all injury, loss or damage caused or claimed to be caused by your Entry or your
participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of any
prize.