KS Boardrider Award - Legal Terms and Conditions (Completed)
LEGAL DETAILS
By participating, Surfers and Videographers acknowledge they are participating at their own risk and that neither KS Boardriders, Kudo Surf nor any Sponsor is responsible for any physical harm or death that may befall any Surfer or Videographer as a result of participation in these contests.
Sponsors:
KS Boardriders Surf Shop, Greenhouse Resort, Kudo Surf, Tourism Road, Catangnan, Siargao Island, Mindanao, Philippines. Supported by: Kudo Surf, ECS, Firewire, Vissla, Sisstr, Reefside, Surf Organic, Sea Movement, Loose Keys and Gwapitos.
Agreement to Official Rules:
Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and each Sponsors’ and Judges’ decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Timing:
The Contest begins on September 4, 2020 at 12:00 a.m. Manila Time, ends on April 1, 2021 at 11:59 p.m. (the “Contest Period”).
How to Enter:
To participate in this Contest, a surfer (“Surfer”) a resident of the Philippines for a minimum of 3 years and videographer (“Videographer”) resident or non-resident of the Philippines must have surfed and filmed the content in the Philippines from September 4, 2020 to April 1, 2021.
The Surfer and Videographer may also be referred to as entrants. The Surfer needs to then successfully ride a wave standing up — with no JetSki or paddle stick assist anywhere in the Philippines on a natural wave.
The photo or video sequence will henceforth be referred to as the submission (“Submission”).
By participating, each Surfer and Videographer acknowledge they are participating at their own risk and that neither KS Boardriders nor any Sponsor is responsible for any physical harm or death that may befall any Surfer or Videographer as a result of participation in these Contests.
By uploading a Submission, both the Videographer who created the Submission, and the Surfer featured in the Submission, agree that the Submission conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsors, in their sole discretion, may remove your Submission and disqualify you from the Contests if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Content Restrictions:
– The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
– The Submission must not disparage Sponsors, Administrator or any other person or party affiliated with the Promotion;
– The Submission must not contain images or artwork not created by Videographer;
– The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
– The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
– The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the Philippines where Submission was created; and
– The Submission must not contain unsportsmanlike conduct, extraordinarily dangerous acts, reckless acts, or evidence of inexperienced surfing in extreme surf conditions.
Limit:
Videographers may only upload one (1) Submission per wave. The Videographer must have permission from the featured Surfer, and any other individuals that appear in the Submission, to use their names and likeness in the Submission and to grant the rights set forth herein. If requested, the Videographer must be able to provide such permissions in a form acceptable to Sponsors. Uploading a Submission constitutes consent of both the Videographer and featured Surfer to give Sponsors a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, distribute, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, both the Videographer and featured Surfer will be required to sign any documentation necessary for Sponsors or their designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to the Videographer of any Submission, the authorized account holder of the email address used to upload the Submission will be deemed to be the Videographer. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Videographer may be required to show proof of being an authorized account holder. In the event of a dispute as to the featured Surfer in any Submission, the Surfer closest to the breaking part of the wave will be deemed the Surfer.
Redemption of Prizes:
All prizes will be awarded on April 3, 2021. Winners will also be announced on www.KudoSurf.com and www.KSBoardriders.com and all social media platforms. Winners will be contacted via Instagram.
Prizes are non-transferrable.
Kudo Surf and KSBoardriders reserve the right to change or alter the competition prizes and/or the rules and regulations of the competition, without prior notice.
Copyright/Intellectual Property:
The participant shall retain copyright and moral right to the photos entered for the competition. Photos will be credited to the participants.
By submitting an image for the competition, the participant will be regarded as having granted Kudo Surf and KSBoardriders the right of limited free usage of the image in all media, including social media, online, print, merchandise, broadcast, without any fee payment, for the purposes of promoting the competition or areas related to the Kudo Surf and KSBoardriders work.
Members acknowledge that Kudo Surf and KSBoardriders has the right to use contest entries, uploaded photos and registered usernames or complete names in www.KudoSurf.com and www.KSBoardriders.com as marketing material.
Acceptance of Rules and Regulations:
By submitting an image for the competition, the participant will be regarded as having accepted and agreed to be bound by the rules and regulations of the competition.
Release:
By receipt of any prize, winner agrees to release and hold harmless Kudo Surf, KS Boardrider and their respective subsidiaries, affiliates, suppliers, licensors, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contests or receipt or use or misuse of any prize.
Limitations of Liability:
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contests; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contests; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contests, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contests or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
Disputes:
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contests or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Philippines Court. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contests, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contests, shall be governed by, and construed in accordance with, the laws of the Philippines without giving effect to any choice of law or conflict of law rules (whether of the Philippines or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Philippines.
NO PURCHASE NECESSARY. OPEN TO INDIVIDUALS 18 AND OLDER WHO DID NOT PURCHASE ANY EQUIPMENT FOR PURPOSES OF ENTERING THE CONTEST. VOID WHERE PROHIBITED.
To enter visit https://www.ksboardriders.com/pages/ks-boardrider-award
Questions regarding video entries, contact social@kudosurf.com.
Contest Director:
All matters related to the judging of the Contests will be managed and administrated by Manette Alcala, who can be reached here: social@kudosurf.com