“KING OF THE GROMS 2013”
NA PALI, a simplified joint stock company with a capital of 13.545.100 €, registered with the Bayonne trade register (RCS) under number 331 377 036, and with its head office at 162 rue Belharra, in Saint Jean de Luz, France (hereafter referred to as the “Organising Company”), is holding a contest game from February 15th 2013 to October 31st 2013 on the web site www.quiksilverlive.com .
This contest is open to all physical persons, male, born:
- For US entrants: BETWEEN January 1st 1997 (inclusive) and December 31st 2000 (inclusive);
- For entrants from other countries: AFTER January 1st 1997 (inclusive);
The Organising Company draws attention to the fact that all participants shall be deemed to enter under the control and with the consent of their parents or legal custodian(s) or guardian(s).
To take part in the game, each participant must:
- log onto the website www.quiksilverlive.com to complete the entry form with the information required (and)
- produce and post a video respecting the guidelines mentioned below on the Website between February 15th 2013 and June 30th 2013 at midnight (French time);
To take part in the final (stage 3) described in article 4, each participant shall have the necessary travel documents to travel to Hossegor (France) notably VISA and passport if required for such travel. The participant shall be solely responsible for obtaining, at their own expense, all valid required travel documents.
- Maximum Length: 1 minute 30 seconds maximum;
- Theme: surf scene and lifestyle scene of the participant. The video must include only the participant;
- Format: Size Max= 150MB / Format: mp4 (H264), mov, wmv, avi / Resolution: 640x480, 1280x720, 1920x1080 / 25 images/sec ;
- Music : Only the excerpts of the songs provided by the Organizing Company are authorized in the videos. Any video reproducing/synchronizing a song other than those provided by the Organizing Company shall be null and void;
- Subtitles (if voice): Videos must include English sub-titles if voices are used.
Any entry submission that violates or infringes (or may infringe) any copyright, trademark, logo, or other proprietary right of any person living or deceased or entity, or is otherwise objectionable in the Organizing Company’s sole discretion, will not be considered and will be disqualified. Entry submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, not consistent with Quiksilver’s image, or that otherwise contain inappropriate content or objectionable material as determined by the Organizing Company in its sole discretion will not be published and will be disqualified. If, in the Organizing Company’s sole discretion, any entry submission appears to have resulted in any property damage, injury or bodily harm, it will be rejected.
Any erroneous or incomplete entry form cannot be taken into account and will be considered null and void. In particular, entry forms will not be taken into consideration if the contact information provided is incorrect or incomplete, if they do not comply with the terms of these rules, if they are submitted multiple times, or if they are sent after the end of the Contest.
Any attempt to pirate the vote system or repeated registration with wrong email address will lead to disqualification of the contestants. Further to a control carried out after the registration of the participant, the Organising Company reserves the right to disqualify a participant in the event of any of the cases described above.
Article 4. Selection Procedure and Methods
Videos sent by participants and respecting the criteria mentioned above in article 3 will be posted on-line at the website: www.quiksilverlive.com between the 1st July and the 31st July 2013 (midnight, French time).
From the 1st July until 31st July 2013 (midnight, French time), visitors to the Website will be able to vote for videos placed on-line by the Organizing Company. Each voter can vote for several videos but can only vote once for the same video.
Participants having received the most votes /”likes” will qualify for Stage 2.
The Organizing Company will announce on 1 August 2013, for each region of the world (as defined in the Annex), the 20 participants that received the highest number of votes on the website and that have been selected for Stage 2.
Between the 1st August and the 15th August 2013, the videos that were selected for Stage 2 will be presented to a Jury, designated for each world region (as Annexed). Each Jury will be composed of 3 members: one head Judge and two (2) other judges.
On the 15th August, each Jury will announce on the website www.quiksilverlive.com for its region, the videos selected.
Such selection will be made on the following criteria:
- Surf level (according to surf competition judging criteria)
- Quality and originality of the video
Each criteria will be given a score between 1 and 10. Each member of each Jury will complete an assessment grill per participant. The assessments of each judge of the same Jury will be added together to determine a final score out of 60.
Participants having obtained the highest scores will qualify for Stage 3. The number of participants selected will vary according to region:
- 1 person for New Zealand
- 2 people for Australia
- 1 person for Africa
- 2 people for Brazil
- 1 person for Central America, South America and the Caribbean
- 3 people for North America and Hawaii
- 1 person for Asia and the Middle East
- 2 people for Europe, Reunion island and the French West Indies
- 1 person for the South Pacific, Oceania and Micronesia
- 1 person for Japan
The participants selected for the 3rd Stage will be informed by email and/or by telephone of the results by 16 August 2013 at the latest, at the email address and/or number provided during their registration. No message will be sent to non-winning participants.
Participants selected at the end of Stage 2 will be invited to participate in the final of the KING OF THE GROMS.
Participants selected for said final and their parents/legal guardian will be required to complete, sign and return a release of liability certificate (in favour of the Organizing Company and any company of the Quiksilver Group as defined below) prior to competing in the final. This certificate will be sent by the Organizing Company to all the Participants selected for the final.
The final will take place during the Quiksilver Pro France 2013 at Hossegor, which will be held between 26 September 2013 and 06 October 2013 (the exact dates will be confirmed at a later date).
Each selected participant will be invited, with a companion above the age of majority (parent, legal guardian, tutor or trainer) to Hossegor between the 26th September 2013 and 06th October 2013 during the QUIKSILVER PRO FRANCE.
This invitation only includes lodgement of participants and their companion (parent, legal guardian, tutor or trainer) at the BOARDRIDERS HOUSE at Hossegor.
The participants shall bear:
§ the costs of travel to and from the Boardriders House (including flights and transfers to/from the selected participants residences). It is expressly stipulated that any problem relating to visas, insurance, particularly civil liability, repatriation and/or travel assistance insurance, will be at the sole expense of the winner and remain at his/her sole discretion;
§ the cost of transport to and from the Boardriders House to the competition site;
§ all expenses of personal nature (notably food and catering);
The selected finalists will take part in a surf contest. The winners will be determined by the judges of the QUIKSILVER PRO FRANCE according the scoring methods used by the ASP (the Association of Surfing Professionals).
The winner will bear the title ‘KING OF THE GROMS 2013’.
Article 5. Ambassadors
The 3 following surfers: Jack ROBINSON, Kanoa IGARASHI and Leonardo FIORAVANTI are the “ambassadors” of the KING OF THE GROMS 2013. As such, they will benefit from special access to the competition, allowing them direct entry into the final at Hossegor (Stage 3).
Article 6. Intellectual Property
Assignment of Rights
Each Participant grants to NA PALI and any Company of the QUIKSILVER Group as well as their assigns and licensees, throughout the world, for a period of 50 years and without restriction as to the frequency of use, the right to use, any picture or audio/video recording of the Participant made relating to the KING OF THE GROMS contest game (whether the video made and provided to the Organizing Company by the Participant himself or any picture or audio/video recording of the Participant made by the Organizing Company in the context of the contest during the final stage) for the promotion of the present contest on any medium notably but not exhaustively on television, magazines, Internet (Quiksilver internet websites and social network) and DVD.
For the avoidance of doubt, the QUIKSILVER Group shall include the company Quiksilver Inc and all its affiliates and subsidiaries.
The participants represent and warrant that the videos filmed and realised by them for the 1st stage mentioned in article 4 do not infringe upon a trademark or any other right owned by third parties in particular their image right. The participants shall indemnify and keep indemnified NA PALI and any Company of the Quiksilver Group against any and all claims from third parties, losses, costs, damages and liabilities in case the video would be alleged to infringe upon a trademark or any other right owned by third parties.
As indicated in article 3, only the excerpts of the songs provided by the Organizing Company are authorized in the videos. The participants expressly acknowledge and agree that these excerpts have been provided by the Organizing Company to be used exclusively for the purposes of the present contest game. Any further use, reproduction or copying is strictly prohibited.
Article 7 – Release of Liability
The participants as well as their parent or guardian declare to be aware that there are hazards that may exist in connection with the participation of this contest game and notably of surfing activities and assume the risk for any injuries that the participants may sustain in connection with their participating in the present contest game.
The participants as well as their parent or guardian fully release and forever discharge the Organiser Company as well as any Company of the Quiksilver Group from all claims, damages, actions, suits or judgements that may arise from any of injury of any kind that the participants may sustain while participating in or attending the present contest game.
Entering the contest implies the contestant’s knowledge and acceptance of the Internet's characteristics and limitations, particularly with regard to technical performance, response times when checking, querying or transferring data, the risks of interruption, connection-related risks, the lack of protection against possible diversion of certain data and risks of contamination by any viruses in circulation on the Internet. The Organising Company may not be held liable, in particular, for malfunctions that may affect the Internet or for any problem with the configuration or relating to a specific browser.
The Organising Company does not guarantee that the Internet site and/or Contest shall operate without any interruption, that they do not contain any computing errors, or that any detected errors will be corrected.
The Organising Company may not be held liable in the event of a technical malfunction in the Contest, if contestants are not able to log on to the Contest website or to enter the Contest, if it does not receive the data relating to a contestant’s entry form for any reason for which it may not be held liable (for example, an Internet connection problem due to any reason at the user’s premises), or if an entry form is illegible or impossible to process (for example, if the contestant has hardware or a software environment that does not comply with his/her subscription) or in the event of email routing problems. Contestants will not be entitled to any compensation in this regard.
Moreover, the Organising Company may not be held liable for any damage, material or immaterial, caused to contestants, their computer equipment and the data stored therein, or for any direct or indirect consequences that may ensue, particularly consequences on their personal, professional or commercial activity.
Entering this contest implies full and unreserved acceptance of the terms set out in these rules.
Any breach of a term of these rules will disqualify the contestant who has committed the breach. Any dispute on the interpretation of the rules will be settled by the organisers.
Any complaint must be sent before31 October 2013, by registered letter with acknowledgment of receipt to Monsieur Richard CRAWSHAW, NA PALI SAS, 162 rue Belharra, 64500, Saint Jean de Luz, France. These complaints may only concern material conditions of the Contest’s implementation.
The Organising Company reserves the right to revise these rules at any time and to take any decisions it deems useful for the application and interpretation of the rules. The Organising Company may inform contestants of a revision by any means of its choosing. The Organising Company also reserves the right to modify, extend, cut short, suspend or cancel the Contest, without warning, due to an event beyond its control, and in particular in the event of force majeure or an act of God. The Organising Company reserves the right, in particular, if there is due cause, to declare invalid and/or cancel all or part of the Contest if it appears that fraud or malfunctions have occurred in any form whatsoever, particularly in computing aspects within the framework of entry to the Contest or determination of the winner(s). In this case, it reserves the right not to award the prize(s) to the fraudulent contestants and/or to commence legal proceedings against the persons having committed the fraud. An act of fraud immediately disqualifies the person having committed it.
The Organising Company will not be liable in regard to the forgoing, and therefore the contestants will not be entitled to any indemnity or compensation of any nature.
Contestants are reminded that in order to enter the Contest, they must necessarily provide certain personal information relating to them (name, address, etc.). This information is recorded and saved in an electronic file and is essential to the eligibility of their entry, the determination of the winner and the attribution and routing of the prizes. This information is provided to the Organising Company and may be submitted to its technical service providers and a service provider handling the shipping of the prizes.
By entering the Contest, the contestant may also register to receive an email newsletter from the Organising Company's partners. The data thus collected may be used within the applicable legal framework.
In accordance with French law no. 78-17 of 6th January 1978 relating to information technology, files and freedom, contestants have the right to access, modify or delete the data relating to them. To exercise these rights, contestants must send a letter to the following address:
NA PALI SAS,
For Richard CRAWSHAW,
162 rue Belharra,
64500 Saint Jean de Luz
These rules are on file at the office of Monsieur Daguerre, bailiff in Saint Jean de Luz (France).
They can be sent free of charge on written request submitted to Monsieur Richard CRAWSHAW, NA PALI SAS, 162 rue Belharra, 64500 St Jean de Luz (France). The cost of postage for the contest rules will be reimbursed on simple request (2nd-class rate in force).
The present rules exist also in French. In case of conflict between the French and the English version, the French version will be binding and will prevail.
The ENFORCEMENT of these rules IS SUBJECT TO FRENCH LAW ALONE.
ANNEX n°1 –GROUPS/REGIONS
Countries included in each regions
Cocos (Keeling) Islands
Central African Republic
Democratic Republic of the Congo (Kinshasa)
Congo, Republic of (Brazzaville)
Sao Tome and Principe
Central America, South America, Caribbean
Antigua and Barbuda
French Southern Territories
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Trinidad and Tobago
Turks and Caicos Islands
North America - Hawaii
Asia – Middle East
Korea, Democratic People's Rep. (North Korea)
Korea, republic of (South Korea)
Lao, People's Democratic Republic
Syria, Syrian Arab Republic
Timor-Leste (East Timor)
South Pacific – Oceania - Micronesia
Micronesia, Federal States of
Northern Mariana Islands
Papua New Guinea
Wallis and Futuna Islands
Europe, Reunion Island, French Antilles
Bosnia and Herzegovina
Macedonia, Rep. Of
Moldova, Republic of
Slovakia (Slovak Republic)
United Arab Emirates
Vatican city State (Holy See)