2023 T.O.T.Y. TERMS & CONDITIONS | Street League Skate

STREET LEAGUE SKATEBOARDING TRICK OF THE YEAR 2023

GAME OF SKILL COMPETITION

OFFICIAL TERMS AND CONDITIONS

Competition: These Terms and Conditions constitute the terms of entry into the Street League Skateboarding Trick of the Year 2023 Game of Skill competition (the “Competition”). The Competition is a video submission skill-based competition owned and operated by the Promoter (as defined herein).

Promoter: The Competition is conducted by ETN Media, Inc. dba Street League Skateboarding of 946 West 17th Street, Costa Mesa, California 92627, United States (“SLS” or “Promoter”).

1. Eligibility: Entry into the Competition is open to legal residents of all countries aged twelve (12) years or older as of the date of entry (each a “Contestant”). Contestants aged 12 to 17 years must be under the control and supervision of a parent or legal guardian. Directors, officers, members, managers, and employees (and their immediate families) of the Promoter and its related bodies corporate, or of the agencies and companies associated with this Competition are ineligible to enter this Competition.

With respect to participation of a minor (as defined in his or her state of residence), such individual shall clear his or her participation in the Competition and his or her understanding of these Terms and Conditions with her or his parent or legal guardian(s) who shall be deemed the Contestant for such minor individual hereunder. Participation in the Competition constitutes Contestant’s full and unconditional agreement to and acceptance of these Terms and Conditions. If you are a minor (as defined in your state of residence), one or more of your parents or legal guardians agree that they have read, understood and agreed to these Terms and Conditions with your entry, and that such agreement constitutes acceptance of these terms of conditions on behalf of you and themselves.

2. Agreement to Terms and Conditions: By entering into the Competition, each Contestant agrees to, and accepts, these Terms and Conditions.

3. Competition Period: Entry into this Competition will commence at a. January 1st, 2023 at 12:00:00 a.m. PST, and end at 11:59:59 p.m. PST on December 25, 2023 (“Competition Period”).

4. Entry into the Competition: During the Competition Period, Contestants must film and post a 60-second or shorter video on the Contestants’ Instagram, Facebook and/or Twitter account comprising of the Contestants performing their best tricks on a skateboard, tagging @ and captioned with the following hashtag: #trickoftheyear (each a “Submission”). Each Submission must be uploaded in accordance with the submission instructions provided by SLS herein.

To enter the Competition, a Contestant must have a verified account with Instagram, Facebook and/or Twitter If the prospective Contestant does not have an account on such platforms, he/she may create one for free by visiting www.instagram.com, www.facebook.com or www.twitter.com respectively. By submitting personal information and creating an account, the Contestant agrees to the terms of use and privacy policy of Instagram, Facebook and/or Twitter (as the case may be). If you do not agree to such terms of use and privacy policy, you cannot create an account or participate in this Competition.

The Promoter may, in its sole and absolute discretion, deem any incomplete, indecipherable and ineligible entry invalid.

5. Entry Conditions: There is a maximum of one (1) entry Submission per person.

Contestants must enter the Competition using their own names. The Promoter may deem any entry of a Contestant invalid if the Promoter considers, in its sole and absolute discretion, that the Contestant has provided incorrect, misleading or fraudulent information.

The Promoter may also deem any entry submitted by a Contestant invalid if it considers, where acting reasonably, that the Contestant has attempted to obtain more than one entry into the Competition.

The Promoter reserves the right to, at any time, request that a Contestant provide identification, including (but not limited to) proof of identity, proof of age or proof of residency. In the event a Contestant refuses to produce that proof, or does not produce that proof to the satisfaction of the Promoter (in its sole and absolute discretion), the Promoter may deem the Contestant ineligible to participate in the Competition.

A Contestant’s use of any automated entry software or any other mechanical or electronic means that allows the Contestant to automatically enter into the Competition repeatedly is prohibited. If a Contestant is found to be using (or has used) software, or other means of this type, the Promoter reserves the right to deem the entry submitted by that Contestant to be invalid.

6. Submission Instructions: By entering a Submission, the Contestant certifies, represents, and warrants that: (i) the Submission is Contestant’s original video or audio visual content, footage and photographs and does not and will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy of any third party, or violate any applicable law or regulation when used as contemplated in these Terms and Conditions; (ii) Contestant has all rights and licenses necessary to grant to SLS the rights granted herein in and to the Submission; and (iii) the Submission consists of one (1) video that conforms to the following Submission Guidelines and Submission Restrictions (collectively, the “Entry Requirements”):

Submission Guidelines:

Video must consist of the performance by the Contestant of tricks or maneuvers on a skateboard in 2023.
Video must be a maximum of 60 seconds in length.
Video must be filmed in horizontal format on a camera or phone.
If the Contestant is a minor, the video must be filmed by the minor’s parent or legal guardian.
Video must not contain any music or have been edited.
Video must not include any individuals other than Contestant.
Videos must not contain watermarks.
Must not be of poor visual and/or audio quality.
Submission must be original.
No duplicate Submissions may be submitted.
Submissions must be lodged via Contestant’s authenticated Instagram account, Facebook account and/or Twitter account, and must follow the respective terms of use/service listed here: https://instagram.com/about/legal/terms/; https://www.facebook.com/legal/terms; and https://twitter.com/en/tos.

Submission Restrictions:

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.
Submission must not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical material) without written permission.
Submission must not contain unsportsmanlike conduct, extraordinarily dangerous acts, or reckless acts.
Submission must not contain or in any way depict any injuries and/or crashes of the Contestant.
Submission must not disparage SLS or any other person or party affiliated with the Competition.
Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous or otherwise objectionable or inappropriate as determined by SLS in its sole discretion.
Submission cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
Submission cannot 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.
Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which SLS wishes to associate.
Submission must not depict products or brands competitive with those of SLS, as determined by SLS in its sole discretion.
Submission cannot depict illegal activity and cannot itself be in violation of any law.

Compliance with the foregoing requirements shall be determined by SLS in its sole discretion. SLS may, in its sole discretion, remove, discard and/or disqualify any Submission that is deemed to be inappropriate or otherwise non-compliant with these Terms and Conditions.

7. Judging Panel & Criteria: Each eligible Submission will be judged by a panel of three (3) decorated and experienced skate experts, with a minimum of ten (10) years in the professional skate community (the “Judging Panel”). The Judging Panel will be selected and designated by SLS. The Judging Panel will use the Judging Criteria to select winners of the Prize from the Submissions.

The Judging Panel will evaluate each eligible Submission based on its merits and the Judging Panel’s assessment of the Contestant’s meeting the following criteria:

Degree of Difficulty and/or Originality of Trick: (50%)
Performance and Style: (25%)
Spot and/or Obstacle: (25%)

The Judging Panel will decide the winners at their sole discretion. THE DECISIONS OF THE JUDGING PANEL ARE FINAL AND BINDING AS TO ALL CONTESTANTS.

8. Prize: Fourteen (15) Contestants will be selected to win (collectively, the “Winners” or individually, a “Winner”) the following cash prizes (each, a “Prize”) in United States Dollars based on their ranking in the Competition:

One (1) Grand Prize: $10,000
Four (4) Secondary Prizes: $1,000 each
Ten (10) Honorable Mentions: $100 each

9. Prize Restrictions and Conditions: The Winners must claim their Prize within five (5) days of being notified they have won such Prize in accordance with Section 10 below.

The Winners acknowledge that they are responsible for any ancillary costs associated with acceptance or use of the Prize.

The Prize is subject to change, and the availability of the Prize is subject to there being no government restrictions that affect the availability of the Prize.

The Promoter takes no responsibility for any variation to the Prize, or the unavailability of the Prize for any reason (including the inability of a Winner to take the Prize for any reason).

The Promoter’s decision is final and no correspondence will be entered into.

The Prize must be taken as offered and the Prize cannot be varied, transferred or exchanged, nor can it be redeemed for cash.

If for any reason a Winner is unable to take a Prize at the time stipulated by the Promoter, then such Prize will be forfeited by the Winner and the Promoter will not provide cash for the Prize.

10. Winner Selection and Notification: The Prize will be awarded to fourteen (14) valid Contestants judged and selected on merit in accordance with the Judging Criteria set out in Section 7 above. The Promoter may request that a Contestant provide personal information upon notification that a Contestant is a Winner of the Competition.

The Winners will be notified by the Promoter via direct message on or about December 25, 2023, to Jan 4, 2024, on the platform in which the Submission was lodged (i.e. Instagram, Facebook or Twitter) following conclusion of the Competition Period.

The Winners must confirm acceptance of the Prize by email to the Promoter at info@thrillone.com within five (5) days of notification by the Promoter that a Contestant is a Winner.

If for any reason the Promoter is unable to contact a Winner, or the Winner does not confirm acceptance of the Prize in accordance with this Section 10, such Winner will forfeit the Prize and the Promoter reserves the right to award the Prize to the next eligible Contestant.

The Promoter takes no responsibility for a Winner’s failure to receive notification from the Promoter due to spam, junk e-mail or other security settings or for the Winner’s provision of incorrect or otherwise non-functioning contact information.

11. Publication of Winner: The Winners will be announced via SLS’s social media channels, or as otherwise determined by SLS in its sole discretion.

12. General Conditions of the Competition:

For the avoidance of doubt, Contestants are restricted from winning a Prize under multiple promotions conducted by, or in association with, the Promoter.

The Promoter reserves the right to invalidate any entry if the Promoter reasonably believes, in its sole and absolute direction, that the Contestant has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Errors and omissions may be accepted at the Promoter’s discretion. If the Promoter becomes aware after a Contestant has won a Prize that the Contestant has not complied with these Terms and Conditions, that Contestant will have no entitlement to the Prize, even if the Promoter has announced a Contestant as a Winner. That Contestant may be required to forfeit the Prize.

Contestants acknowledge that any costs associated with accessing any website in connection with this Competition remain the Contestant’s responsibility and may vary depending on the mobile and/or internet service provider used.

If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control the Promoter, including but not limited to changes to law, reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right to, in its sole and absolute discretion and to the fullest extent permitted by law:

invalidate any affected entry; or
modify, suspend, terminate or cancel the Competition, as appropriate.

The Promoter may, at its sole discretion and where acting reasonably, amend any aspect of this Competition or of these Terms and Conditions from time to time, subject to applicable laws and subject to the approval of the governmental authorities, if required.

Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Contestants agree that these Terms and Conditions will be governed by the laws of the State of California.

13. Liability:

The Contestants each understand and accept that participating in the Competition may involve dangerous activities and may involve the danger of encountering known and unknown risks, including the significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and DEATH (“Injuries”). Each Contestant hereby expressly and voluntarily assumes full responsibility for these risks, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. The Contestants understand that these risks may be caused by the Promoter, other participants, the Contestant or other third persons.

Each Contestant, on behalf of himself/herself and each of his/her successors, heirs and assigns, unconditionally and irrevocably waives liability, releases, promises never to sue, forever discharges and relinquishes any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including legal fees and costs (collectively, “Claims”), that the Contestant may incur or have against the Promoter, its affiliates, subsidiaries, parent companies, associates, related entities and companies and body corporates (including but not limited to Thrill One Sports & Entertainment, Nitro Circus Live Pty Ltd, Nitro Circus Live USA Inc., Nitro Circus Live Touring USA, Inc., Nitro Circus Media Productions Inc., Nitro Circus IP Holdings GP, Nitro Circus IP Holdings LP, Nitro Circus Media Holdings Inc., Nitro Circus Touring Australia Pty Ltd, Nitro Circus UK Limited, Rush Sports Management Pty Ltd, NWE Opco LP, NWE Opco GP LLC, NWE Holdings LP, NWE Holdings GP LLC, SJP Holdings, LLC, Conduit Post, LLC, Crown Media Entertainment, LLC, Perfect Feet Productions, LLC, Purple Shark, LLC and each of their respective affiliates), and each of their respective owners, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to the Contestant’s participation in the Competition, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) the breach of any implied or express warranty and/or representation of any of the Released Parties; and/or (v) any other operations associated with the Competition, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).

To the extent permitted by law, Contestants agree to indemnify and hold harmless the Released Parties from and against all liability for any direct or indirect loss (including special or consequential loss), damage, expense or injury that is suffered or incurred by a Contestant in connection with:

entry into, or participation in, this Competition, or acceptance or use of the Prize;
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
any theft, unauthorised access or third party interference;
any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter); or
modification or cancellation of the Competition.

On behalf of the Contestant and each of their successors, heirs, and assigns, the Contestant agrees to defend (at SLS’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third party Claims, arising from or in connection with: (a) any breach or alleged breach of these Terms and Conditions; (b) the Contestants’ Participation in the Competition, including, without limitation: (i) any injuries to the Contestant; (ii) any injuries to third parties directly or indirectly arising from the Contestant’s Participation in the Competition; and (iii) and any other loss or damage that the Contestant may directly or indirectly cause to any real or personal property. If the Contestant is a minor, the parents and legal guardians further agree to indemnify each of the Released Parties from any and all Claims described in the preceding paragraph which may be suffered by the Contestant.

14. Publicity: To the extent permitted by law, Contestants consent to the Promoter using the Contestant’s name, location, and any other information submitted as part of the entry in the event that they are the Winners of a Prize in any media for an unlimited period without remuneration for the purposes of promoting this Competition (including any outcomes), and promoting the event, activities, business undertakings, and services provided, by the Promoter.

15. Grant of Rights:

Each Contestant irrevocably grants to Promoter the irrevocable right to use throughout the world through any means and through all media whether now known or hereinafter devised in perpetuity, the Contestant’s name (including professional name and any nicknames), image, likeness, photographs, voice and biography for the purpose of promoting and exploiting the Competition, any SLS Media Activity and SLS Media Content (each as defined herein) and to otherwise identify the Contestant in the promotion and exploitation of the Competition, including the Submission.

Each Contestant hereby further grants to Promoter the irrevocable right to use and/or exploit the Submission for any purpose, throughout the world, in perpetuity, in any media now known or yet to be invented (including print, internet, theatrical, streaming and television broadcast) including, without limitation, for the purpose of televising, broadcasting, performing, producing, creating, devising, advertising and promoting or otherwise publicizing and/or exploiting through all media, the Competition, SLS Media Activity, SLS Media Content and/or any other SLS-branded undertaking, including, without limitation, future events of a similar type, promoting, advertising, or otherwise publicizing the activities of the Promoter and related companies, and creating, producing and exploiting feature films, television, video games, mobile applications or games and home video/DVD programs and any other SLS-branded undertaking.

For the purposes of these Terms and Conditions, “SLS Media Activity” means any SLS related media activity including participation in any recordings, whether audio-visual or otherwise, photographs, media conferences, interviews, launches, all public relations and promotional activities of any kind or other media related activity, including participation in any SLS Media Content, across all forms of media whether now known or otherwise invented including television, feature films, home entertainment formats, streaming platforms, the internet, social media, mobile platforms and/or devices or video game consoles and/or devices and whether or not for promotional or commercial purposes; and

“SLS Media Content” means SLS related media content whether in the form of TV shows, feature films, clips, episodes, video games or otherwise produced by SLS and/or its contractors or licensees and whether or not intended for primary exploitation by means of television, theatrical, home entertainment, streaming platforms, digital platforms and devices, mobile devices, computer and video game consoles or devices or otherwise and in all formats whether or not invented as at the date of these Terms and Conditions.

16. Contestant’s Personal Information: By entering into this Competition, Contestants acknowledge and consent to the Promoter (and its related bodies corporates) accessing, collecting and using a Contestant’s personal information in accordance with the Promoter’s Privacy Policy at: https://www.thrillone.com/privacy-policy.

By entering into the Competition, a Contestant consents to the Promoter using the Contestant’s personal information for the purpose of administering this Competition, including fulfillment of the Prize, marketing and advertising of the Competition and publicity of the outcome of the Competition (such as the announcement of the Winners).

Contestants acknowledge that the Promoter may disclose a Contestant’s personal information to third parties for the purposes of conducting the Competition (including promotional, marketing and publicity purposes) and delivering the Prize.

17. Contact: ETN Media, Inc. dba Street League Skateboarding of 946 West 17th Street, Costa Mesa, California 92627, United States, info@thrillone.com