Newschoolers Dalbello Rail Jam VIDEO CONTEST
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED states AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY.
The Newschoolers Dalbello Rail Jam Video Contest (“Contest”) is sponsored by Grind Media, LLC (owner and publisher of Newschoolers.com) of 831 South Douglas Street, El Segundo, CA 90245 (“Sponsor”).
CONTEST PERIOD: The Contest begins on December 14, 2015, at 12:01 A.M. Eastern Time (“ET”) and ends on January 22, 2016, at 11:59 P.M. ET (“Contest Period”). The Newschooler’s computer will be the official clock of the Contest.
UPLOAD AND PUBLIC VOTING DATES:
All the below listed start dates, start at 12:01 A.M. ET and all the below listed end dates, end at 11:59 P.M. ET.
Video Upload Dates
Public Vote Dates
Dec 14, 2015 till Dec 27, 2015
Dec 28, 2015 till Jan 1, 2015
Jan 2, 2016 till Jan 3, 2016
Jan 4, 2016 till Jan 8, 2016
Jan 9, 2016 till Jan 10, 2016
Jan 11, 2016 till Jan 15, 2016
Jan 16, 2016 till Jan 17, 2016
Jan 18, 2016 till Jan 22, 2016
ELIGIBILITY: This Contest is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. The Sponsor and its parent companies, subsidiaries and affiliates, distributors, dealerships and other companies/consultants involved in the implementation and execution of the Contest are collectively referred to herein as the Contest entities (“Contest Entities”). Employees of the Contest Entities and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Contest. Contest is void where prohibited or restricted by law. By participating in this Contest, an individual who meets the eligibility requirements and enters the Contest (individually “Entrant” and collectively “Entrants”) agrees to be bound by these official rules (“Official Rules”) and agrees that the decisions of the Sponsor and the Sponsor’s agents shall be final and binding in all matters pertaining to the Contest.
PARENT/LEGAL GUARDIAN RESPONSIBILITY FOR MINORS: In each instance in these Official Rules where an Entrant, Contest winner (or potential winner) is required to do any of the following regarding a provision herein: agree to it, comply with it, acknowledge responsibility for it (including a tax responsibility), grant a right or waiver as a result of it, grant a release required by it or execute documents required by it, then if the said Entrant/winner/potential winner is between the ages of 13 and 17, it shall be understood that each such agreement/compliance/acknowledgement/granting/release/execution (or other responsibility detailed herein) is required from the applicable minor’s parent or legal guardian.
ENTRANTS 13 – 17 YEARS OLD: Before entering the contest, Entrants who are 13 to 17 years old at the time of entry must have their parent’s or legal guardian’s permission to enter the Contest. In addition, Entrants who are 13 to 17 years old at the time of entry must ask their parent or legal guardian to read and agree to these Official Rules.
HOW TO ENTER THE CONTEST: You must be a Newschoolers’ registered member to enter (membership is free).
Newschoolers Membership: If you aren’t a registered member yet, go to http://www.newschoolers.com
, click on the “register” tab and complete the form with (among other things): username, email, password, full name, gender, state of residence, and the type of information you’d like to receive in the future from Newschoolers.com.
Enter Round #1: First create a Contest video (see below in this section and in section 7 for video requirements) and then at http://www.newschoolers.com
go to the Contest landing page, follow the on-screen directions to enter and upload your video to the Contest.
Upload a New video for Later Rounds: If your video entry makes it to later rounds, you will be able to create a new video (“New Video”) and upload it to the contest for each new round you qualify for. IMPORTANT: Contest uploads of New Videos are only available for a limited time as detailed in the chart in section #2 above. The New Video upload cannot be seen by the public or opponent until the upload period has ended and the next voting round begins.
Contest Video: Your Contest video (“Video”) must show the Entrant performing their single best rail trick. IMPORTANT: Please do not attempt a trick that is above your ability level.
Video restrictions: Your Video must comply with all of the following or may be disqualified at Sponsor’s sole discretion:
a) Maximum length: 2 minute;
b) can include the raw audio collected during filming but must not have any additional audio;
c) multiple angles may be shown in the Video, but at least one angle must shows the trick in its entirety from takeoff to landing;
d) any clips used to produce the Video must have been shot in the last two years; and
d) Video must: be truthful, contain all original content (nothing copied from others), be self produced, be unpublished, have not been used in another competition, be in compliance with all applicable laws, rules and regulations, not infringe 3rd party rights, and not infringe any copyright or trademark.
Entry Limit: Limit one (1) entry per person. Entrants attempting to use multiple accounts or identities may be disqualified, at Sponsor’s sole discretion. Entries received from any individual in excess of the stated limitation will be void.
Social Media: By participating in the Contest, Entrant understands that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Google+ (or any other social media site) and that the Entrant is providing his or her information to Sponsor and its designees only. Further, Entrant specifically agrees to release Facebook, Instagram, Twitter and Google+ from any and all liability associated with this Contest.
ADDITIONAL VIDEO DETAILS:
Video ownership: Entrant must own all Video content and any person who appears in the Video, is identified in the Video, or helped produce the Video must grant ownership rights to the Entrant. The Entrant must have a signed/dated written statement from any such person acknowledging the transfer of any ownership rights they may have in the Video to the Entrant.
Video rights: Entrant agrees that by submitting the Video (and related content) in the Contest, the Entrant thereby grants the Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, post, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Video (and related content) and to incorporate the Video (and related content) in other works in any and all markets and media worldwide in perpetuity and without any payment to Entrant and without any rights of attribution and integrity. Entrant warrants that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Video (and related content) will not infringe on any rights of third parties, including without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract and Entrant agrees to indemnify and hold harmless the Released Parties (defined below) from any claims to the contrary. In addition, by entering and/or accepting a Contest prize, the Entrant/winner/potential winner also waives all moral rights to the Video and related content.
Inappropriate Videos: Any Video which Sponsor, in its sole discretion, deems to be inappropriate for publication will be disqualified. Videos containing the following types of content will be declared Inappropriate and disqualified:
a) Videos shall NOT contain (or promote) swear words, violence, nudity, pornography, sexually explicit/suggestive material, illegal/dangerous/unsafe activities, any form of hate, obscene/offensive material, endorsements of alcohol/illegal drugs/tobacco, or firearms/weapons, or a particular political agenda;
b) Videos shall NOT defame, misrepresent or disparage the Sponsor, its products or any other company/product/group or person, or be derogatory of any person/group; and
c) Videos shall NOT contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses of any person (living or dead).
PUBLIC VOTING AND BRACKET/WINNER DETERMINATION: Please see chart in section 2 above for round details, upload dates and public voting dates.
Round #1: In round #1 there is a limit of one (1) vote per person, per Video. For each eligible Video, voters must choose either an “upvote”, a “downvote” or make no vote. The winners for this round are determined by a weighted score that is based on the ratio between the “upvote” and the “downvote”. The top eight (8) eligible Videos that get the highest said weighted score will move to the next round (which is the “round of 8”). Ties will be broken by random selection conducted by Sponsor.
Round of 8: This round and each following round is a “head-to-head” bracket round. For the round of 8, the 8 Videos with the highest weighted score from round #1, will be ranked from 1-8 based on their weighted score.
The ranking (from the round of 1) will determine the brackets for the round of 8:
1st place Video (#1) is placed in a bracket with the 8th place Video (#8),
#2 is placed against #7,
#3 against #6, and
#4 against #5.
Round of 8 Voting: In the round of 8 (and in all subsequent head-to-head bracket rounds), voters must choose for example either for a Video A, or a Video B in each bracket, or make no vote. Limit one (1) vote per matchup. The Video with the highest votes in each bracket is the winner of the bracket and will proceed to the next round.
Ties in Bracket Rounds: Ties in all Contest head-to-head bracket rounds will look at results in the previous round to break a tie (and if that doesn’t break a tie, then going backwards, earlier rounds are used to break a tie). If a previous/earlier round is a bracket round: ties are awarded to the competitor with the highest number of votes in the previous round. If a previous/earlier round is round #1: ties are broken by the highest weighted score. If none of the above breaks a tie: a tie will be broken by random selection conducted by Sponsor.
New Video Upload: If your Video makes it to the round of 8, you will be able to create a New Video and upload it to the contest before the voting for the round of 8 begins. IMPORTANT: Contest uploads of New Videos are only available for a limited time as detailed in the chart in section #2 above. In addition, if your Video makes it to the round of 4, or the round of 2, you will be able to upload a New Video for each round as long as you do so within the timeframe allotted for uploads for each round. PLEASE NOTE: A New Video upload cannot be seen by the public or opponent until the upload period has ended and the next voting round begins.
Round of 4: The winners of each round of 8 bracket qualify for the round of 4. Voting details for the round of 4 are the same as for the round of 8.
The brackets for the round of 4 are determined as follows:
The winner of the round of 8 matchup: #1 vs #8 is placed against
the winner of the round of 8 matchup: #4 vs #5, and
the winner of the round of 8 matchup: #2 vs #7 is placed against
the winner of the round of 8 matchup: #3 vs #6.
Round of 2: The winners from the round of 4 qualify for the round of 2. Voting details are the same as for round of 8.
Winner determination: There will be a total of three (3) winners selected. The winner of the round of 2 is the first-prize winner, The non-winning entrant in the round of 2 is the second-prize winner. From the two losing Entrants in the round of 4, third-prize is awarded to the competitor with highest number of votes in the previous round. (to break a tie, the same tie break rules apply as are detailed above in the sub-section: “Ties in Bracket Rounds”). If for any reason a prize cannot be awarded as detailed herein, the winner of a prize will be determined using the above winner determination logic, but to the Entrant next in line for a prize. Or, failing that by random selection conducted by Sponsor (“Alternate Winner Selection”).
PRIZES, AND APPROXIMATE RETAIL VALUE: Three (3) prizes will be awarded in the Contest. The three prizes are as follows:
First Prize: One (1) first prize: One (1) pair of Dalbello Il Moro Ski Boots ($800.00 Retail Value)
Second Prize: One (1) second prize: One (1) pair of Dalbello Rampage Ski Boots ($600.00 Retail Value; and
Third Prize: One (1) third prize: One (1) pair of Dalbello Rampage Ski Boots ($600.00 Retail Value).
Total Retail Value of all prizes to be awarded is $2,000.00.
General prize conditions: A winner is solely responsible for all other costs and expenses associated with a prize that are not stated in these Official Rules as included with a prize. Visual prize graphics may not accurately represent an awarded prize. Prize is non-transferable and non-assignable, and no substitution, exchange or cash equivalent will be allowed, except by Sponsor at Sponsor’s sole discretion. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a prize or does not properly redeem a prize, the said potential winner may, at Sponsor’s sole discretion, forfeit the applicable prize and an Alternate Winner Selection may be performed. A prize can only be substituted, at Sponsor’s sole discretion, with a prize of equal or greater value. At Sponsor’s discretion, unclaimed prizes may not be awarded. No more than the stated number of prizes in these Official Rules will be awarded.
HOW TO CLAIM A PRIZE: Within about three (3) days of the close of voting for the round of 2 (and starting with the first prize) a potential winner will be sent an email notification with further instructions on how to claim his/her prize (notifications may be sent in prize order with a delay between prizes to allow for winner determination). A winner is deemed to be a potential winner pending verification of his or her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
Entrants must check their emails: Each Entrant is responsible for monitoring his or her email account to check for any email winner notification from the Sponsor.
Winner responsibilities: The potential winner will be required to execute: a) an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release, and b) any additional documents as determined to be necessary at the discretion of Sponsor (collectively, “Prize Claim Documents”). If the potential winner fails or refuses to execute and return all Prize Claim Documents as directed by the deadline date stated in the prize notification (or within a stated number of days), the potential winner may be disqualified and an Alternate Winner Selection may be performed. In the event that an email notification to a potential winner (or any other communication with a potential winner) is returned as undeliverable, or is not responded to by the stated deadline date or within the stated number of days (or if no time period is stated, after a reasonable time), or if the potential winner does not comply with all terms and conditions set forth in these Official Rules, the potential winner may, at the Sponsor’s sole discretion be disqualified, the prize forfeited and an Alternate Winner Selection may be performed.
Tax Responsibility: A WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE APPLICABLE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY NUMBER OR TAXPAYER ID NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE, LOCAL AND OTHER TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF A WINNER.
LIMITATION OF LIABILITY: The Contest Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents are collectively referred to herein as the released parties (“Released Parties”).
By participating in this Contest, Entrants agree that:
The Released Parties are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable communications, email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Page/Usenet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information.
The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Page users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Page or any Contest-related website(s).
The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting a prize.
The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Contest, the Entrant’s sole remedy is to enter the Contest again (if the Contest has closed, then the said Entrant shall have no other remedy apart from the possibility of entering a future contest of the Sponsor, with the understanding that there is no guarantee of any such future contest). If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner that it deems fair and reasonable. Contest is subject to all federal, state, and local laws and regulations.
By entering the Contest, each Entrant agrees:
(i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor which shall be binding and final;
(ii) to waive any rights to claim ambiguity with respect to these Official Rules;
(iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and
(iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with:
(a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s Video (and related content), participation or inability to participate in the Contest;
(b) the violation of any third-party privacy, personal, publicity or proprietary rights;
(c) typographical or printing errors in these Official Rules or any Contest materials;
(d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof);
(e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond the Released Parties control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules;
(f) any interruptions in or postponement, cancellation or modification of the Contest;
(g) human error;
(h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof);
(i) any technical malfunctions or unavailability of the Page or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant;
(j) interruption or inability to access the Contest, the Page or any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems;
(k) any damage to Entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest;
(l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions;
(m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries;
(n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties;
(o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); and/or
(p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Contest, including the Page and Contest prize component(s), 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.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, Videos and statements/blogs (and if declared a winner, the winner’s address) for contests/sweepstakes trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
WINNER WAIVER OF CLAIMS: By accepting a Contest prize, a winner agrees to voluntarily waive, release and relinquish any and all claims, damages, losses, expenses, remedies, demands, debts, obligations, causes of action and/or claims for relief (collectively “Claims”) that a winner may have against the Released Parties and agrees to discharge, to indemnify and hold harmless the Released Parties from all Claims arising out of or relating to the Contest and/or a Contest prize, including but not limited to Claims for bodily injury, personal injury, emotional distress, property damage, or death and/or dismemberment (collectively “Damages”) occurring to a winner or others. In addition, by accepting a prize, a winner agrees to be responsible to research the details about a prize including any inherent dangers associated with a prize and as a result agrees to accept personal responsibility for any such dangers and any resulting Damages.
GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an Entrant has registered or attempted to register more than once using multiple email addresses, multiple identities, multiple accounts, proxy servers or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant may be ineligible to win a prize. Also, if it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, at Sponsor’s sole discretion, be disqualified from the Contest. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the person who appears in the Video. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, THE PAGE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest promotional materials, the details of the Contest as set forth in these Official Rules shall prevail.
WINNERS’ LIST: To obtain information about the winner, interested individuals should place a self-addressed, stamped business-sized envelope in an envelope and mail it to: Newschoolers Dalbello Rail Jam Video Contest – Winners’ List Request, c/o TEN: the Enthusiast Network Magazines, LLC, 831 South Douglas Street, El Segundo, CA 90245, Attn: Legal. Winners’ list requests will only be accepted after April 1, 2016, and must be received by October 1, 2016.
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First Prize: One (1) first prize: One (1) pair of Dalbello Il Moro Ski Boots ($800.00 Retail Value)
Second Prize: One (1) second prize: One (1) pair of Dalbello Rampage Ski Boots ($600.00 Retail Value
Third Prize: One (1) third prize: One (1) pair of Dalbello Rampage Ski Boots ($600.00 Retail Value)