Boost Mobile BL BLAST OFF Video Challenge Terms & Conditions

1. GENERAL

These Terms and Conditions (Terms) apply to the Boost Mobile BL Blast Off Video Challenge (Video Challenge), a competition owned and being conducted by The Surfers Group Pty Ltd ACN 37080572630 (TSG).  In these Terms, references to we, us or our are references to TSG and any successor or assignee.

We reserve the right to change or amend these Terms at our sole discretion, with any such change or amendment being promptly published in the same manner in which these Terms are published.

We also reserve the right to terminate the Video Challenge at any time, at our sole discretion, without any obligation to refund any entry fees paid or any other liability to any participant or other person.

  1. competition Description

The Video Challenge is a competition that allows participants to upload eligible video clips of themselves surfing on a wave, which will be judged by our judges, with winners across a number of categories being awarded prizes.

  1. competition PERIOD

Participants in the Video Challenge can upload eligible video clips from 12.00pm PDT Monday 14th September 2020 being 5.00am Australian Eastern Standard Time on 15th September 2020 until 6.00pm PDT Saturday 31st October 2020 being 11.00am Australian Eastern Standard Time on 1st November 2020 (Competition Period).

  1. sUBMISSION OF ENTRIES

Eligible video clips must be submitted by being uploaded on https://epicentre.tv/bl-blast-off (Platform).

By uploading a video clip on the Platform and participating in the Video Challenge, participants agree to these Terms.

TSG will bear no responsibility whatsoever for any failure, technical or otherwise, for the uploading of, or failed uploading of, a video clip on the Platform.

TSG is not liable for any costs, fees or expenses incurred by the participant in creating or entering a video clip in the Video Challenge.

  1. Eligible Participants

To be eligible to participate in the Video Challenge, the surfer in the eligible video clip must be 14 years or under as at 31 October 2020.  TSG may request proof of age of the participant to confirm their eligibility, and any failure to provide such evidence or such evidence not, in TSG’s opinion, being satisfactory confirmation of the participant’s age may result in the relevant video clip being removed from the Platform.

  1. eLIGIble video CLIPS

For a video clip that is uploaded to the Platform to be eligible for the Video Challenge, it must:

(a) have been filmed in 2020, and must be uploaded under the (i) “General 2020” tab.

(b) be no longer than 60 seconds;

(c) [be in MP4 format];

(d) [insert any other technical requirements for the clip]; and

(e) not be manipulated or enhanced in a manner that distorts or misrepresents the surfer’s performance on the wave or the wave itself.

TSG is not, in any way whatsoever, responsible for ensuring that any video clip meets the eligibility criteria outlined above.

The safety of participants in the Video Challenge is of the highest priority to TSG. Any video clip that TSG determines, in its sole discretion, reflects actions that are extraordinarily dangerous or that are inconsistent with the values of TSG and the Boost Mobile BL Blast Off event, will be removed from the Platform.

TSG reserves the right, at any time, to verify the validity of each video clip submitted by a participant to confirm that it is eligible for the Video Challenge. TSG also reserves the right to remove any video clip from the Platform if it does not meet the requirements set out above, is otherwise in breach of these Terms or for any other reason deemed appropriate by TSG, in TSG’s sole discretion.

  1. Cost of entry

Each participant in the Video Challenge must pay an entry fee of AUD 3.00, USD 3.00 or euro 3.00 (as applicable), which will entitle the participant to upload a single video clip to the Platform.

In no circumstance whatsoever will TSG or any other person be required to refund any entry fee.

A participant may enter the Video Challenge as many times as they like.

  1. Prizes

Each uploaded eligible video clip will be considered for a prize in the following categories (each a Category):

(a) Best Wave;

(b) Heaviest Wipe-out;

(c) Best Tube;

(d) Best Air;

(e) People’s Choice (as voted by other participants in the Video Challenge and the public);

(f) Expert’s Choice (as voted by a panel consisting on Barton Lynch, Jack Robinson, Vahine Fierro, Eli Hanneman, Mahina Maeda and Kyuss King); and

(g) Most Potential.

Winners of each Category will be announced, by the event websites, social media, mainstream media, and the winners will be contacted directly via email. within [7] days after the end of the Competition Period.

Each uploaded eligible video clip will also be eligible for a weekly prize in the following categories:

(a) most entertaining clip; and

(b) most stoked surfer.

Winners of the weekly prizes will be announced, by the event websites, social media, mainstream media, and the winners will be contacted directly via email within [3] days after the end of each week during the Competition Period.

The decision of the relevant judge or judges for each prize will be final, and no correspondence, discussion, compensation or debate will be entered into with regards to the outcome of such decision.

Prizes cannot be exchanged for money or credit and are non-transferable.

  1. Participant’s representations

Upon uploading a video clip to the Platform, the participant warrants and represents that:

(a) he/she is the sole owner of the video clip and copyright owner of the video clip (including vision and audio);

(b) he/she has all necessary consents and approvals from any person pictured within the video clip;

(c) he/she gives TSG and its affiliates all necessary consents and approvals to use their name and the video clip for promotion, marketing or other purposes to promote their involvement with the Video Challenge and the Boost Mobile BL Blast Off event; and

(d) the video clip does not contain any content that is defamatory, unlawful or an infringement of any rights (including copyright or trademark rights) of any third party.

The participant indemnifies TSG and each of its directors, officers and affiliates (each an Indemnified Parties) from any loss, expense or damage suffered or incurred by an Indemnified Party as a result of a breach of any of the abovementioned warranties and representations given by the participant.

  1. Participant’s acknowledgement

The Participant acknowledges and agrees that surfing is inherently dangerous and that participating in the activity of surfing, for the purpose of the Video Challenge or for any other purpose exposes the participant to certain risks, including but not limited to physical hazards, unpredictable and dangerous surf and weather conditions, equipment contact and use and actions by other competitors.

The participant acknowledges and agrees that accidents arising from or in connection with surfing can and often do happen which may result in the participant being injured or even killed, or the participant’s property being damaged, lost or destroyed. The participant acknowledges and agrees that he/she has voluntarily read and understood this warning and accepts and assumes the inherent risks in surfing, for the purposes of participating in the Video Challenge or otherwise.

  1. Privacy

The participant acknowledges and agrees that the information they provide to TSG and/or the Platform is necessary for the conduct of the Video Challenge and for the objectives of TSG. The participant acknowledges and agrees that the information provided by them to TSG and/or the Platform will only be used by TSG and/or the Platform to facilitate the conduct of the Video Challenge and future events conducted by TSG and will only be provided to third parties to provide the participant with promotional material from sponsors of the Video Challenge or the Boost Mobile BL Blast Off and third parties. The participant will be able to access his/her information through TSG. If the information is not provided as requested, the participant’s entry into the Video Challenge may be rejected.

The participant acknowledges and agrees that if he/she does not wish to receive promotional material from sponsors of the Video Challenge, Boost Mobile BL Blast Off and third parties, the participant must advise TSG in writing.

  1. Licence

By entering the Video Challenge, each participant  grants to TSG, a world-wide, royalty-free, non-exclusive, non-transferable, absolute and irrevocable license, right and permission to use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce the information including any video and, or frame grabs, entered as part of the Video Challenge, the participant’s name, address, e-mail address, statements, video, voice, photograph, or other likeness, in whole or in part, individually and/or in conjunction with other material, including without limitation, text, photographs, or videos, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to publicity, promotion, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage. Each participant consents to any infringement of their moral rights.

Each participant represents and warrants that they have the right to grant TSG the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. Each participant hereby waives any right they may have to inspect and approve the finished product and the publicity copy that may be used, and hereby releases and discharges, indemnifies and hold harmless the Indemnified Parties from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys fees) and expenses arising from or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity or copyright infringement.

  1. General indemnity

In consideration of TSG accepting a participant’s entry into the Video Challenge, the participant, to the fullest extent permitted by law:

(a) indemnifies the Indemnified Parties against, and holds the Indemnified Parties harmless from, any claim, loss or damage suffered or incurred by an Indemnified Party arising from or in connection with the participant’s participation in the Video Challenge; and

(b) irrevocably and unconditionally releases and will release each of the Indemnified Parties from any and all claims that the participant may have or may have had but for this release arising from or in connection with the participant’s participation in the Video Challenge.

  1. EXCLUSION of liability

Except for any liability that cannot be excluded by law, TSG (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity) suffered or incurred by a participant in the Video Challenge or any other person, whether such loss or damage is direct, indirect, special or consequential, arising from or in connection with the Video Challenge including, but not limited to, where arising from or in connection with:

(a) any technical difficulties or equipment malfunction;

(b) any theft, unauthorised access or third party interference;

(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the TSG) due to any reason beyond the reasonable control of TSG; or

(d) the use of any prize.

  1. Force Majeure

We will not be liable in any way for failure to perform any of our obligations under these Terms if the failure is due to causes outside the reasonable control of TSG.

  1. GOVERNING LAW

These Terms are governed by and to be interpreted in accordance with the laws of New South Wales. Each participant in the Video Challenge submits to the exclusive jurisdiction of the courts of New South Wales, and any court that may hear appeals from any of those courts for any proceedings concerning these terms.