By participating, Skier/Snowboarder and Videographers acknowledge they are participating at their own risk and that neither Grind nor any Sponsor is responsible for any physical harm or death that may befall any Skier/Snowboarder or Videographer as a result of participation in these Contests.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: the 2015-2016 GoPro of the World Line of the Winter Contest (the “Contest”) is open to GoPro users worldwide that have an active email account and Internet access. Employees of GoPro, GoPro’s parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to GoPro through an outsourcer or temporary employment agency during the Contest Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Contest. Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules (“Official Rules”). VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. SPONSORS: Grind Media, LLC, 831 S Douglas St. El Segundo, CA 90245; and GoPro, Inc. 3000 Clearview Way, San Mateo, CA 94402
Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Grind’s, each Sponsors’ and Administrator’s 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 January 1, 2015 at 12:00 a.m. Pacific Time (“PT”), ends on April 30, 2016 at 11:59 p.m. PT (the “Contest Period”). Grind’s computer is the official time-keeping device for the Contest.
How to Enter: To participate in this Contest, a Skier/Snowboarder (“Skier/Snowboarder”) and/or videographer (“Videographer”) must film with a GoPro camera between November 1, 2015 and April 30th, 2016. Once the Submission has been created, the Videographer or Skier/Snowboarder may visit lineofthewinter.com to complete and submit the registration form, and upload the Submission. By participating, each Skier/Snowboarder and Videographer acknowledge they are participating at their own risk and that neither Grind nor any Sponsor is not responsible for any physical harm or death that may befall any Skier/Snowboarder or Videographer as a result of participation in these Contests. By uploading a Submission, both the Videographer who created the Submission, and the Skier/Snowboarder 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.
– All video entries must be uploaded in native raw MP4 form, as shot on the camera.
– The Submission must be shot in HD or Higher Resolution (720p, 1080p, 1440, 2.5k, 4k)
– If video entry is over 1GB, please contact email@example.com
– Videos with poor visual quality will not be accepted.
– The Submission must not be edited.
– The Submission must be submitted without any watermarks.
– The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
– In the case of entries for the GoPro of the World, Submission must be shot on a GoPro camera. — For questions regarding GoPro of the World video entries, contact firstname.lastname@example.org
– 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 country where Submission was created; and
– The Submission must not contain unsportsmanlike conduct, extraordinarily dangerous acts, reckless acts, or evidence inexperience in skiing/snowboarding in extreme snow conditions.
Limit: Videographers may only upload one (1) Submission per line.
3. SUBMISSION REQUIREMENTS
a. By entering a photo or video (a “Submission”), the entrant certifies and represents that each Submission: (i) is entrant’s original video or audio visual content, footage and photographs – using a GoPro camera – and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate of any applicable law or regulation when used as contemplated in these Official Rules; (ii) has not been previously awarded a prize, or award during any other contest or promotion sponsored by GoPro (excepting “Photo of the Day” or “Video of the Day” promotions offered by GoPro), (iii) has all rights and licenses necessary to grant to GoPro and Grind Media the rights granted in the Submissions and Appearances (defined in 3.d. below); (iv) is not obscene, lewd, profane, pornographic, disparaging, indecent, fraudulent, false, misleading, deceptive, defamatory, vulgar, offensive, discriminatory, hateful, harassing, harmful, violent, threatening, in violation of any applicable law or regulation, does not show illegal or other inappropriate or dangerous behavior, or is not in keeping with the image of the GoPro brand, and does not depict products competitive with those of GoPro, all as determined by GoPro in its sole discretion; (iv) to the extent that the entrant does not have rights to any music, images, video, audio, photos, text, or other material embedded within the Submission, or that other people recognizable appear in the Submission, (“Third Party Materials”), entrant agrees to obtain the appropriate licenses, permissions, and/or releases from the owner of such Third Party Materials. GoPro may request that entrant provide a completed standard release form for any Third Party Materials as a condition to receiving any additional Prizes; and (vi) entrant’s agreement to the terms and conditions of this Agreement will not violate or conflict with any obligations owed by Licensor to a third party.
b. GoPro does not claim any ownership rights in entrant’s Submission nor the Appearances (defined herein), including all intellectual property rights, rights of publicity or privacy and moral rights therein. GoPro owns all right, title and interest in and to any and all GoPro Materials (defined herein) (excluding the Submissions and Appearances), including all intellectual property rights, rights of publicity or privacy and moral rights therein. By entering the Contest and/or submitting any Submission, you hereby grant to GoPro and its licensees (including Grind Media), successors and assigns a worldwide, non-exclusive (as described herein), perpetual, irrevocable, transferable, fully paid-up, royalty-free right and license, with the right to sublicense:
c. to use, reproduce, prepare derivative works, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Submission, in whole or in part, for commercial or non-commercial purposes, including but not limited to the marketing, promoting and advertising of the GoPro brand, products and services, monetization of content through advertising, subscription, licensing and other means, including as incorporated in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of GoPro (the “GoPro Materials”), on and through third-party distribution channels selected by, but not affiliated with, GoPro; you also grant GoPro the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Submission (Entrant agrees that neither GoPro nor any third party distribution channels have any obligation to provide any compensation to you for your Submission or the licenses granted herein), in any form, medium or technology now known or later developed, including, but not limited to, the following (collectively, the “GoPro Network”):
i. Online / Mobile: All forms of transmission over the Internet, mobile carrier networks, satellite networks or other method of connectivity (as defined below), including, without limitation, all forms of streaming technologies and downloads accessible on or through any and all websites, applications, gaming and/or media platforms, social media services and/or other offerings made available by GoPro and/or third parties;
ii. PR / Industrial / Retail: All public relations, media outreach and/or industrial uses, including, without limitation, the exhibition, performance and other use of the Works and Other Materials at retail establishments (e.g., “point-of-sale” and “point-of-purchase” displays), kiosks, trade shows, conventions, sales and/or marketing meetings and other industrial and/or promotional events;
iii. Print Media: The display and other use of Other Materials in and in connection with all forms of print media, including, without limitation, catalogues, newspaper and magazine articles, editorials, advertising and circulars, merchandise packaging and product manuals;
iv. Out-Of-Home / Transit / Events: The exhibition, display, performance and other use of the Works and Other Materials via all forms of out-of-home advertising (including, without limitation, on billboards, “bus wrappers” and in other public places), in public or private transportation (including, without limitation, airline flights, trains, subway cars, buses, taxis, limousines and “ride-sharing” services) and at public events (including, without limitation, on electronic billboards and video displays at those public events);
v. GoPro Studio Templates: The use by consumers for incorporation as templates within GoPro Studio™ video editing software and sharing tools;
vi. Television: All forms of television media, whether linear or on-demand (including, without limitation, all forms of local, regional and network broadcast, pay, cable, satellite and internet protocol television);
vii. Theatrical: Theatrical exhibition (including, without limitation, as embodied in motion pictures);
viii. Home Video / EST: All home video formats (i.e., DVD, Blu-Ray, VHS and other fixed, transportable audiovisual media) and the “electronic sell-through” of motion pictures and television programs embodying the Works in digital download formats; and
ix. Other Uses: Any other exhibition, display, performance, communication to the public, distribution, exploitation or other use of the Works and/or Other Materials not set forth above.
d. These Official Rules also governs GoPro’s use of entrant’s name, nickname, likeness, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information (“Appearances”) as included in the Submission, to the extent that entrant recognizably appears in the Submission, you grant GoPro the right to use the Appearances within or in connection with the GoPro Materials, in any and all media now known or hereafter created, including, but not limited, to the GoPro Network, as necessary to exercise the rights granted in these Official Rules.
e. If a Submission does not meet the criteria set forth herein, GoPro may disqualify and discard the Submission either immediately or at any time during the Contest. By entering a Submission, entrants acknowledge that GoPro may obtain other submissions, content or materials that are similar or identical in theme, format or other respects to that submitted by the entrant. Entrants acknowledge that, by entering a Submission, GoPro does not waive any rights to use similar or related ideas, themes, or concepts previously known to GoPro, or developed by its employees, or obtained from sources other than the entrant. GoPro has the right to review all Submissions and all Submissions may or may not be posted on the Contest Page or in another media, in GoPro’s sole discretion. By entering a Submission, entrants agree that the GoPro is not responsible for any unauthorized use of Submissions by third parties. GoPro does not guarantee the posting of any Submission and reserves the right to take down any Submission for any reason at any time. Entrant waives any right to inspect or approve versions or portions of the Submissions used by GoPro in the GoPro Materials as contemplated by this Agreement.
f. No mail-in entries are allowed. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. There is no limit on the number of times you may enter but each entry must contain a new Submission. Entrants violating any of these Official Rules may be disqualified.
From the time a Submission is submitted, the Sponsor reserves the right to review the Submission before posting it online, or to remove any Submission even after it has been posted. No guarantee is made regarding the length of the review period, or that any particular Submission will or will not be posted. Sponsor reserves the right, in its absolute discretion, to determine if any particular Submission is appropriate for posting. All Submissions that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
4. JUDGING AND SELECTION OF WINNERS:
All eligible Submissions will be judged by a panel of judges who are skilled in the fields of creative, marketing, media and advertising. After the conclusion of the Contest, a panel of qualified judges determined by Sponsors in their sole discretion will select the winner with the highest-scoring Submissions from among all eligible Submissions based on the following criteria (“Judging Criteria”):
– Cinematography and Composition (25%);
– Perspective and Degree of Difficulty of Shooting (25%);
– Performance and Style (25%); and
– Overall Beauty and Lighting (25%).
In the event of a tie, the entrant as determined by the qualified judges, in their sole discretion, will be deemed the winner. In the event other skiers/snowboarders are visible in the video of the submitted ride, the winner will be to the skier/snowboarder/videographer who captured the submitted ride. Sponsors and Grind reserve the right not to select a winner if, in its sole discretion, it does not receive an eligible and qualified Submission.
5. PRIZES AND ODDS:
GoPro of the World Prizes:
Grand Prize: $20,000 USD. ARV: $20,000.
Monthly winner: $1,000 USD. ARV: $1,000
Videos considered for monthly prize will be judged as part of the month in which the clip was uploaded through lineofthewinter.com, regardless of the date the clip was filmed.
Winners are solely responsible for any and all taxes, if any, that apply to prizes. Winners are required to complete and submit a W-9 to GoPro prior to delivery of a prize.
6. NOTIFICATION OF WINNERS: The winners will be announced on the Sponsors social media pages (Facebook, Twitter, Instagram) or notified individually via email. . The winners will also be individually notified via email on day of announcement and may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within ten (10) days of date of receipt. Should there be any question as to originality of a winning Submission, of in the event that ownership of Submission cannot be satisfactorily determined by GoPro, GoPro reserves the right to revoke a prize and disqualify the Submission. Without limiting any other terms of these Official Rules, if a potential winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and awarded to an alternate winner. In the event of a dispute regarding the identity of a prize winner, the entry will be deemed submitted by the Authorized Account Holder of the email account specified in the entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
7. GENERAL RULES: By entering the Contest, entrants agree to be bound by these Official Rules. The Contest is offered by GoPro, Inc., 3000 Clearview Way, San Mateo, CA 94402, which is not responsible for (a) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise, (b) theft, destruction, unauthorized access to or alterations of entry materials, or (c) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Entrants, by participating in this Contest, further agree to waive, release, indemnify, defend and hold harmless GoPro and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, including, but not limited to, non-sponsors (together, the “Released Parties”), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Contest, or in any prize-related activity, including, without limitation, any (i) condition caused by events beyond GoPro’s control that may cause the Contest to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest, (iii) printing or typographical errors in any materials associated with the Contest, (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including undeliverable messages resulting from any form of active or passive email filtering by a user’s Internet service provider, lost, late, delayed, inaccurate, incomplete, or misdirected messages, any injury or damage to any person’s computer related to, or resulting from, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest or the processing of Submissions. .
IN NO EVENT WILL GOPRO OR GRIND MEDIA BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT GOPRO OR GRIND MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. ADDITIONAL CONDITIONS: Except where prohibited by law, by participating in the Contest, each entrant consents to the use by GoPro and its related and affiliated companies of his/her name, address (city, state), photograph, likeness, biographical information, Submissions, entry and/or statements made by or attributed to the entrant (if true) relating to GoPro or to the Contest for advertising, publicity and promotional purposes in any and all media now or hereafter known, worldwide in perpetuity, without further notice, permission and/or compensation. Submissions will not be acknowledged or returned. Allow six (6) to eight (8) weeks for delivery of prizes.
GoPro reserves the right, without liability to entrant, to cancel, suspend or modify the Contest (or any portion thereof) in its discretion and at any time if it is determined that fraud, misconduct, or technical failures have corrupted the administration, security, integrity or proper administration of the Contest, in which case prizes will be awarded in a fair and equitable manner among eligible entries received that are not affected by the problem, to the extent possible. GoPro reserves the right in its sole discretion to disqualify any entrant or winner (and void all associated Submissions) if fraud or tampering with a Submission is suspected, or if the individual fails to comply with any requirement of participation as stated in the Official Rules. The Contest is subject to these Official Rules and all applicable federal, state and local laws. As stated above, the Contest is void where prohibited or restricted by law. By participating in this Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of the judges, which are final and binding on all matters pertaining to the Contest. Headings are provided for convenience only. These Official Rules are governed by California law, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest and these Official Rules must be brought in exclusively in the state or federal courts located in Santa Clara County, California, and you hereby consent and waive any objection to the jurisdiction of said courts for any such dispute. By making a Submission, your agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
10. Winner List: For a list of the prize winners, which will be available seven (7) days after the announcement of the winner, send a stamped, self-addressed envelope to Prize Winners, GoPro, 3000 Clearview, San Mateo, CA 94402 within sixty (60) days of the last day of the Sweepstakes Period. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to Sweepstakes Rules, GoPro, 3000 Clearview, San Mateo, CA 94402 prior to the end of the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.