Begins November 22, ends December 30
Only video entries will be accepted
Video entries only via Instagram post
Must use #elementflatbar and tag @elementbrand on the post
Video must include an Element rail
Winners chosen are subject to judge's opinion (pros, guest judges, etc.)
Winner gets an 2 Element prize pack (gear for a year)
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
- Contest Timing: Element Flatbar Contest (“Contest”) begins at 12:00 A.M. Pacific Time (“PT”) on November 22, 2019 and ends at 12:00 A.M./P.M. Pacific Time (“PT”) on December 30, 2019 (the “Contest Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of third parties. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.
- How to Enter: During the Contest Period, you may enter in one of the following ways:
- Create an original Video (“Video”) that is at least (A) one (1) minute long and (B) features skateboard tricks using an Element skateboard rail. Only video entries will be accepted.
- Post the Video to Instagram along with the hashtag #elementflatbar and tagging @elementskateboards.
- Follow @elementskateboards and @elementbrand on Instagram during the Contest Period.
If you do not have an account with Instagram, go to Instagram and create one for free. Use of Instagram is subject to your compliance with all applicable terms and conditions of Instagram. Any inaccurate or incomplete entry cannot be taken into account and the participation shall be deemed null and void.
Do not participate in the Contest and/or consult a doctor before participating in the Contest if: (1) you are not in good health; (2) you have any physical or mental problems which would hinder you from safely participating in the Contest; or (3) you are not sufficiently trained and experienced enough to understand the risks involved in the Contest.
Your entry must meet all of the Required Representations and Warranties set forth below to the fullest extent applicable for that entry. Failure to complete any step outlined in, or to follow any of, the Official Rules may result in your disqualification.
REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in this Contest, you represent and warrant that your entry (including, without limitation, any photo, video or other content associated with your entry – hereafter, collectively “Entry”) complies with the following criteria as applicable (collectively, the “Required Representations and Warranties”):
- Your Entry must be your own original work or you must have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
- You must have the express written consent of any identifiable persons appearing or referenced in your Entry to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your Entry for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
- Except for the marks of the Sponsor (addressed below), the Entry must not contain or reference any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to display each of their marks and products in your Entry solely for purposes of entering this Contest and subject to these Official Rules.
- Each Entry must be appropriate for public viewing. Without limiting the foregoing, each Entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your Entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
Sponsor reserves the right in its sole discretion to not consider any Entry for the Contest if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor and Contest Entities in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorneys’ fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder.
By entering, you grant to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your Entry to otherwise (in whole or in part) use, exploit, copy, modify, adapt, edit, publish and display the entry (including any photo, video or other content associated with your entry) in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in your Entry in favor of the Sponsor.
By submitting your Entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
- Winner(s) Selection/Odds of Winning: One (1) potential Grand Prize Winner (“Winner” or “Grand Prize Winner”) will be selected from all eligible Entries properly received during the Contest Period on or about December 30, 2019. After the close of the Contest Period, a judge or judges selected by Sponsor in its sole discretion and consisting of Sponsor employee(s) (“Judge(s)”) will select what the Judge(s) deem in his/her/their sole discretion to be the one (1) top Entry for the Contest received during the Contest Period based on the following judging criteria: Relevance to the theme (50%) and Creativity (50%) (“Judging Criteria”). In the event of a tie resulting in more than one (1) Grand Prize Winner, the Judge(s) will break the tie by selecting the entrant(s) who received the highest points from the Judge(s) for Creativity as a Grand Prize Winner(s). In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge selected by Sponsor in its sole discretion, using the Judging Criteria, to determine which of the tied entrants will be a Grand Prize Winner. Decisions of Sponsor and Judge(s) are final and binding with respect to all matters related to the Contest.
- Winner Notification: Potential winner(s) will be notified by direct message on Instagram at the account to which the Entry was posted on or about December 30, 2019. Potential winner(s) must respond to the notification message and provide all requested information within forty-eight (48) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. To claim any prize, Sponsor may require winner(s) (or such winner’s parent/guardian if the winner is under the age of majority in such winner’s jurisdiction of residence) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security number and may need to be notarized, before claiming and prize. All required documents must be completed and returned to Sponsor within five (5) days of the date and time listed on the documents. At Sponsor’s discretion, winner(s) may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate winner via random drawing from among the remaining eligible entries or such alternate method as solely determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
- Prize(s) and Approximate Retail Values (“ARVs”): The Winner will receive the following prizes at the address provided to Sponsor by the Winner: for the Winner, a set of 12 skateboards, 12 t-shirts, 12 wheels, 12 units of griptape and 12 hats, and for a friend of the Winner’s choice, a set of 12 skateboards, 12 t-shirts, 12 wheels, 12 units of griptape and 12 hats; with such specific items to be selected by Sponsor in its sole discretion. The total approximate retail value of all prizes awarded under this Contest is: $3,696 (€ 3344). All prizes are “AS IS” without any warranty of any kind, express or implied. No substitution, exchange or transfer of prizes will be made or is permitted except in Sponsor’s sole discretion.
- General Terms: Decisions of Sponsor on all matters related to the Contest are final and binding. All federal, state and local taxes, related to the prizes, are the sole responsibility of the winners. Contest Entities do not warrant that access to the Contest will be uninterrupted. The Contest Entities are not responsible for, including but not limited to, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, INCLUDING BUT NOT LIMITED TO ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify this Contest and to disqualify any entrant for any reason, in its sole discretion, including (but not limited to) if, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. If such cancelation occurs, Sponsor reserves the right to select the winners from among all eligible entries. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms and if the invalid or illegal provision were not contained herein.
- Releases: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, each other Contest Entity, and Instagram and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, events, travel, etc.) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any non-compliance by you with these Official Rules; acceptance, possession, misuse or use of any prize; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
- Disputes: Except where prohibited, each entrant agrees that 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, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
- Winner List: To obtain the winners’ names visit https://www.elementbrand.com/skateboard-flat-bars-rail or send a self-addressed, stamped envelope to: Boardriders Wholesale, LLC with a written request by January 1, 2020.
- Third Party Platforms: The Contest is in no way sponsored, endorsed, administered by or associated with Instagram (collectively, the “Social Network”). By participating, you release the Social Network and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any questions regarding this Contest should be directed to Sponsor.
- European Participants: In accordance with European Regulation 2016/679 of 27 April 2016 and French law no. 78-17 of 6th January 1978 relating to information technology, files and freedom modified, in particular by French law n ° 2018-493 of June 20, 2018 relating to the protection of the personal data, contestants have the right to access, modify or delete the data relating to them. Subject to the conditions of the applicable regulations, the contestants also have a right to the portability of their data, the right to request a limitation of treatment or to object the processing of their data. The contestants also have the option of providing instructions regarding the treatment of their data after their death. To exercise these rights, contestants must send a valid proof of identity and a letter to the following address: 5600 Argosy Circle #100, Huntington Beach, CA 92649. The Sponsor will, if necessary, inform the contestant of the reasons for which its application cannot be satisfied, in whole or in part. In the event of a question or complaint relating to the processing of their personal data, contestants may send their request to the contact details indicated above. The Sponsor will try to find a satisfactory solution, otherwise the contestants have the right to submit their claim to the competent supervisory authority.