Hurley’s 2011 Walk the Walk Contest
I. Overview .....................................................................................Pages 1- 2
II. Official Rules ..............................................................................Pages 3- 11
III. Submission Agreement and Release ...........................................Pages 12-13
IV. School Participation Form...........................................................Page 14
- V. Emergency Medical Release & Liability Waiver .......................Page 15
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I. OVERVIEW.
Welcome to Hurley’s 2011 Walk the Walk Contest (“WTW” or “Contest”). This is a fashion competition where students are given full creative freedom to produce their own Hurley fashion show.
A. WHO can compete? Twenty (20) high schools across the United States and Canada have been selected by Hurley to compete. If you’re reading these materials, then your high school is one of them!
B. WHAT is the Contest all about?
- Think “Friday night football” meets “high fashion runway.”
- Hurley provides a full Hurley clothing line, Converse shoes and financial incentives for each school to produce its own Hurley fashion show.
- Schools produce and submit three videos to be rated by the public and a panel of industry judges. Ratings will be based on the following criteria, each with a ranking of 1-10.
- 1. Originality
- 2. Timing: 2 minute maximum
- 3. Overall Stlye/Vibe
- 4. Theme & Story-telling
- 5. Public Vote: The public vote will be based on a scale of 1-10. Each 1,000 votes equals 1 point.
- The top three ranked schools at the end of the video challenges move on to a live national championship.
- The three video challenges are:
1. Show Your DNA
2. Show Off!
3. Retail: Trend Finder
- If you’re not a winner after that, then there’s the Wildcard! Schools can compete in this video challenge for one wildcard spot at the national championship by creating one or more Hurley commercials.
WHAT is at stake?
- Finalists competing at the 2011 WTW National Championship will each will receive:
- Roundtrip coach-class airfare to Huntington Beach, California for up to 20 students, at least one teacher and four additional teachers, parents or legal guardians;
- three consecutive nights at a Hurley-designated hotel; and
- ground transportation.
- One Grand Prize of $25,000 to the winning school, and runners up will receive $5,000.
C. WHEN does the Contest happen? There are three stages: (1) video challenges; (2) the Wildcard; and (3) the 2011 WTW National Championship.
- The Video Challenges are due from February to April. They are broken down into three areas:
- Show Your DNA February
- Show Off! March
- Retail and Promotion April
- The Wildcard Video Challenge takes place in May.
- The top 3 ranked schools at the end of the first three video competitions and one Wildcard winner will compete at the 2011 WTW National Championship August 2-5, 2011.
D. WHERE does the Contest take place?
- The Video Challenges take place at each competing school. Videos are submitted to Hurley’s website and all public voting takes place on-line and judging takes place by Hurley, at Hurley.
- The Wildcard competition also takes place at each competing school and these videos are also submitted to Hurley’s website, but the voting takes place by Hurley, at Hurley.
- The 2011 WTW National Championship takes place at the US Open of Surfing in Huntington Beach, California August 2-5, 2011.
E. WHY should you and your school participate?
- EDUCATION
- o Learn about the design, production & promotion
- o Develop teambuilding & goal-setting
- o Inspire creativity
- DONATIONS
- o Get $500 for simply submitting each of 3 online video challenges
- o Earn up to $26,500 for your school’s art program
- o FREE = No costs for your school
- TRAVEL
- o Opportunity to travel to the US Open of Surfing in Huntington Beach, California August 2-5, 2011
- SCHOOL PRIDE
- o Compete against other schools
- o Earn bragging rights over schools in your Region
- IT’S FUN!
E. HOW CAN I ENTER? Read and follow the Official Rules. Get your team together, get your forms submitted to Hurley, and get going!
II. OFFICIAL RULES.
OFFICIAL RULES
FOR HURLEY’S 2011 WALK THE WALK CONTEST
1. NO PURCHASE NECESSARY. No purchase is necessary to enter or win. Internet access and valid e-mail address required.
2. ELIGIBILITY. The Contest is open only to legal residents of the fifty (50) United States, the District of Columbia or Canada who are:
- 14 to 19 years old as of December 1, 2010; and
- A freshman, sophomore, junior or senior student at a Hurley-designated 2011 WTW high school.
Employees of Hurley International LLC, its parent company, NIKE, Inc., or their subsidiaries or affiliates (collectively “Hurley”), or employees of other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees are not eligible.
3. CONTEST SPONSOR. The Contest is sponsored by Hurley International LLC, 1945-G Placentia Avenue, Costa Mesa, California 92627 (“Hurley”).
4. CONTEST TIMELINE.
a. Confirming your eligibility and building your team. By February 15, 2011, confirm your School’s entry by submitting the School Participation Form and build your team by submitting the Submission and Waiver Agreement for each Entrant for your School’s team.
b. Video Challenges. Make your video submissions based on the below table, by 5:00 PM Pacific Time,1 on the following dates:
Event | Submission Due Date | Voting Window |
Video Challenge #1 Show Your DNA | February 15, 2011 | 12:00 AM, April 4, 2011, to 11:59 PM, April 8, 2011 |
Video Challenge #2 Show Off! | March 8, 2011 | 12:00 AM, April 11, 2011, to 11:59 PM, April 15, 2011 |
Video Challenge #3 Retail Promotion | April 1, 2011 | 12:00 AM, April 18, 2011, to 11:59 PM, April 22, 2011 |
c. Wildcard Video Challenge. Make your video submissions from 12:00 AM, May 9, 2011, to 11:59 PM, May 20, 2011.
d. 2011 WTW National Championship. Finals take place between August 2-5, 2011 at the US Open of Surfing in Huntington Beach, California.
5. REVIEW OFFICIAL RULES AND FORMS SUBMISSION.
a. Review. Go to www.Hurley.com/wtw and review the Official Rules.
b. Complete Waivers. Each team member representing a School (an “Entrant”) must complete and sign the Submission and Waiver Agreement (“Waiver”) located at:
www.Hurley.com/wtw/forms . If you are not over the age of majority (18 years of age or older in most states) by December 1, 2010, your parent or legal guardian must also sign the Waiver.
c. Submit Waivers. Original completed Waivers for every Entrant representing participating Schools must be delivered to Hurley on or before February 15, 2011, at:
Hurley International LLC
1945-G Placentia Avenue
Costa Mesa, CA 92627
Photocopies or facsimiles of signed Waivers will not be accepted. Schools and their Entrants will not be considered unless all team members have completed, signed and submitted original Waivers to Hurley on or before February 15, 2011.
d. School Participation Form. Each School must complete the School Participation Form (located at www.Hurley.com/wtw/forms ) and deliver the original completed form to Hurley on or before February 15, 2011, at:
Hurley International LLC
1945-G Placentia Avenue
Costa Mesa, CA 92627
Photocopies or facsimiles of signed School Participation Forms will not be accepted. A School and its Entrants will not be considered unless the School has completed, signed and submitted it original School Participation Form to Hurley on or before February 15, 2011.
e. Deadlines. Waivers for all Entrants and the School Submission Form must be received by 11:59 pm Pacific Time) on or before February 15, 2011, or your School and its Entrants may be ineligible to participate.
f. Review of Forms. Hurley and its authorized agents retain the right to verify the accuracy of information supplied by any and all Schools and Entrants who have entered the Contest.
6. SUBMISSION REQUIREMENTS.
a. Video Submission Requirements:
- Persons appearing in videos must be Entrants, and cannot wear a team uniform or mention a team name on camera, other than mentioning your School and your WTW team’s name.
- The following file types are accepted for video submissions: .wmv; .mov; .avi; .mpg.; .mpeg; .mp4; asf; .3gp; and .3g2.
- Video submissions must not exceed two (2) minutes in length. Entries over two (2) minutes long will not be considered.
- Music must be selected from a list to be supplied by Hurley on CDs or through downloads.
- Video submissions should not contain the names or logos of Hurley’s competitors.
- Video submissions must also comply with all other Content Restrictions listed below.
b. Content Restrictions: Each video submission must NOT contain:
- Nudity, lewd or vulgar behavior or language;
- Material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights;
- Images and/or artwork that that are copyrighted, trademarked, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;
- Gratuitous violence;
- Dangerous stunts;
- Real or simulated weapons of any kind, including, but not limited to, guns, knives or projectiles;
- Drug or alcohol use;
- Smoking;
- Material that is hateful, tortious, defamatory, slanderous or libelous;
- Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; or
- Material that is unlawful, in violation of or contrary to the laws or regulations in any state where the video submission is created.
Any video submission that includes content that is deemed inappropriate, indecent, obscene or otherwise does not comply with the Content Restrictions listed above, as determined by Hurley in its sole discretion, will not be eligible.
c. Deadlines. Submit your School’s entries on or before 5:00 PM Pacific Time on the dates set forth below for each video challenge. Go to www.Hurley.com/wtw and follow the links and instructions for your video submission. Hurley is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries which are void.
(i) Video Challenge Deadlines. The deadlines are listed below:
Event | Submission Due Date | Voting Window |
Video Challenge #1 Show Your DNA | February 15, 2011 | 12:00 AM, April 4, 2011, to 11:59 PM, April 8, 2011 |
Video Challenge #2 Show Off! | March 8, 2011 | 12:00 AM, April 11, 2011, to 11:59 PM, April 15, 2011 |
Video Challenge #3 Retail Promotion | April 1, 2011 | 12:00 AM, April 18, 2011, to 11:59 PM, April 22, 2011 |
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(ii) Wildcard Video Challenge. Video submissions must be made between 12:00 AM, May 09, 2011, and 11:59 PM, May 24, 2011.
(iii) All times listed in this paragraph and the tables above are Pacific Standard Time until March 13, 2011, and Pacific Daylight Time after that date. At 2:00 AM on March 13, 2011, you set the clocks ahead one hour. It’s YOUR job to keep track of the time!
d. Ownership of Video Submissions. All video submissions become the exclusive property of Hurley, and no video submissions will be acknowledged or returned. Hurley shall have the right to edit, adapt, and publish any or all of the video submissions, and may use them in any media without attribution or compensation to the School or any Entrant, their successors or assigns, or any other entity. ENTERING A VIDEO SUBMISSION IN THIS CONTEST CONSTITUTES THE SCHOOL’S AND ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF ALL RIGHT, TITLE, AND INTEREST IN THE VIDEO SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS.
e. Representations and Warranties. By entering, each School and Entrant represents and warrants that the entries that they submit: are their own original creations, do not infringe any other person's or entity's rights, have not been submitted previously in a contest of any kind, and that they have obtained permission from the people featured in the video submission to enter this Contest. Schools and Entrants who disregard these Official Rules may be declared ineligible.
f. Limit.
(i) Video Challenges. Each School may enter only one (1) video submission during each Video Challenge portion of the Contest.
(ii) Wildcard Video Challenge. Each School may enter as many different video submissions as desired during the Wildcard Video Challenge portion of the Contest.
(iii) General. Any attempt by any School to enter more than one (1) video submission by using multiple/different email addresses, identities, registrations, or any other methods will void all video submissions entered by that School, and all Entrants, at the sole discretion of Hurley, may be disqualified. Use of any automated system (including, but not limited to, autodialers or voting machines) to participate in the Contest in any fashion is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
g. Challenges Generally; Voting. Each video submission must be no longer than two (2) minutes in length and present the challenge task.
(i) Video Challenges. After the video submissions are posted and accepted by Hurley, the public will be able to vote for their favorite video online for a five (5) day period. Hurley will announce the opening and closing of the voting windows on-line (and possibly in other media as Hurley determines in its sole discretion). Anyone can vote for his or her favorite video once per day during the voting period by registering with Hurley online. The three (3) Schools receiving the most online votes will advance to the 2011 WTW National Championship.
(ii) Wildcard Video Challenge. Entrants will have approximately three weeks to post one or more Wildcard Video Challenge submissions. After the video submissions are posted and accepted by Hurley, a panel of judges selected by Hurley will select the Wildcard winner taking into account: (A) the content of the Wildcard “Hurley commercial” video(s); (B) the content of
that School’s video submissions from the Video Challenges; (C) the public vote tallies for that School’s video submissions from the Video Challenges; and (D) that School’s promotion of its video submissions.
7. VIDEO CHALLENGE #1 – February 2011
- Video: Show Your DNA
- o Hurley is a microphone for youth, embracing creativity and innovation. The DNA of the brand is art, music, surf and fashion.
- o What do these attributes mean to you?
- o What is your interpretation of Hurley?
- o Why should your School get a chance to compete in the 2011 WTW National Championship in August 2011 at the US Open of Surfing?
- Email file to Jordan_Dowty@hurley.com on or before deadline of February 15, 2011.
- Once a video submission is received and accepted by Hurley, the School will receive a $500 check.
8. VIDEO CHALLENGE #2 – March 2011
- Video: Show Off!
- o Each School receives multiple items of a key Hurley style to use as the wardrobe/costuming for their video
- o Can you break dance? What about back flip?
- o Do you and your friends draw a crowd where ever you go?
- o Show us what you’re made of, get the entire school involved, and for goodness sake, show off!
- Email file to Jordan_Dowty@hurley.com on or before deadline of March 8, 2011.
- Once a video submission is received and accepted by Hurley, the School will receive a $500 check.
9. VIDEO CHALLENGE #3 – April 2011
- Video: Retail Display and Promotion
- o Your mission, should you choose to accept it: scope out your local Hurley retailer to expose the season’s most undercover trends.
- o Document your mission and reveal these trends to the buying public.
- o Approved submissions will enjoy a “Friends and Family Promotion” at that designated Hurley retailer consisting of a shopping night featuring your retail display. In addition, 10% of the proceeds from your “Friends and Family Promotion” go back to your School.
- o Be original and be creative!
- Email file to Jordan_Dowty@hurley.com on or before deadline of April 1, 2011.
- Once a video submission is received and accepted by Hurley, the School will receive a $500 check.
10. WILDCARD VIDEO CHALLENGE – May 2011
- Videos: Hurley Commercial(s)
- o Upload one or more of your Hurley commercials to campaign for the Wildcard slot at the 2011 WTW National Championship!
- o Use everything you’ve learned to create at least one Hurley commercial.
- o With the Hurley and Converse styles provided for the Video Challenges, take it to the next level in as many commercials as you want!
- Upload in May for all Schools.
11. 2011 WTW NATIONAL CHAMPIONSHIP. A total of four (4) Schools (the three Schools receiving the most votes for their Video Challenge submissions and one Wildcard winner) will compete to receive the $25,000 donation to their School at the 2011 WTW National Championship between August 2-5, 2011, at the US Open of Surfing in Huntington Beach, California.
- August 2, 2011 - teams will receive a selection from Hurley’s summertime line for men and women, a music list, and a budget of $300 to create their own Hurley fashion show.
- August 3, 2011 - teams can prepare and rehearse their presentations.
- August 4, 2011 - competition for the grand prize begins!
12. JUDGING CRITERIA FOR 2011 WTW NATIONAL CHAMPIONSHIP. The 2011 WTW National Championship will be judged on the following criteria:
- Timing: 5 minutes
- Overall theme & vibe
- Brand interpretation
- School and crowd support
- Music – pre-approved by Hurley
- Style and design
- Creative blogging and promotion of earlier video presentations
13. PRIZES.
a. $500 Video Challenge Participation Cash Prizes. Each participating School, up to a maximum of twenty (20) Schools will receive $500 for each video submission, for up to a maximum of $1,500 for each School, and up to a maximum of $30,000 for all Schools combined.
Video Challenge Winners and Wildcard Winner Trip Prizes to 2011 WTW National Championship. Three (3) winning Schools and one (1) Wildcard winner will each receive a trip to the 2011 WTW National Championship at Huntington Beach, California from August 2-5, 2011. The trip includes:
- Roundtrip coach-class airfare to Huntington Beach, California for up to 20 Entrants and at least one teacher representing that School, and at least four (4) additional teachers, parents or legal guardians from the major U.S. airport nearest their homes;
- Three (3) consecutive nights lodging for the period August 2-5, 2011, at a Hurley-designated hotel (one standard room, double occupancy); and
- Ground transportation.
$25,000 Championship Cash Prize. The winning School at the 2011 WTW National Championship will receive a $25,000 cash prize.
$5,000 Runner Up Cash Prizes. The other participating Schools in the 2011 WTW National Championship will each receive a $5,000 cash prize.
b. Summary of Potential Total Cash Prizes. The total potential value for all cash prizes awarded is:
Video Prizes
$500 Video Challenge Participation Cash Prizes (x 3) = $ 1,500
Subtotal: $ 1,500
Runner Up Prize
$5,000 Runner Up Prize $ 5,000
National Championship Prizes
$25,000 2011 WTW National Championship Cash Prize = $25,000
Total: up to $26,500
Note that the summary figures above do not include the cash value of any travel related prizes and related costs and expenses.
c. Taxes. Taxes, if any, on the cash prizes or the trip prizes are the responsibility of each Entrant, or parent or legal guardian on behalf of a minor.
d. Travel Dates Subject to Change. The actual trip dates are subject to change solely at Hurley’s discretion. The departure dates and times are subject to availability and at the sole discretion of Hurley. Certain restrictions and black out dates may apply. No changes will be allowed after any elements of the travel prizes have been booked. No frequent flyer mileage will be awarded. Actual value of each prize may vary depending on city of origination, available flights and fluctuations in airfare. Insurance, all expenses and incidentals not mentioned above are the responsibility of each winning Entrant. Any prize details not specified above will be determined by Hurley in its sole discretion. Prizes are not transferable and must be accepted as awarded. No cash or other substitution may be made, except by Hurley, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Hurley in its sole discretion.
e. Entrants, School Representatives and Parent/Guardians. Up to 25 persons may attend the 2011 WTW National Championship, made up of:
- Up to 20 Entrants representing their School;
- At least 5 teachers, parents or legal guardians as further provided below:
- o at least one (1) teacher from the Entrants’ School;
- o at least four (4) other persons who are either teachers at that School or parents or legal guardians of the Entrants;
- o each must accompany the Entrants and be charged with accompanying any Entrants who are minors;
- o each must travel on the same itinerary as those Entrants; and
- o each must execute and deliver an Emergency Medical Release and Liability Waiver.
14. HOW DO I FIND OUT IF MY SCHOOL WON? Each potential prize winner will be notified via email or at the conclusion of the 2011 WTW National Championship Event. If any potential prize winner who: (i) declines to accept any prize, (ii) has violated any of these Official Rules, (iii) does not respond to the award notification by the date listed on the notification, or (iv) is found to be ineligible, then Hurley will deem that potential prize winner to be disqualified and an alternative potential prize winner may be chosen at Hurley’s discretion. Each potential prize winner (or a potential winner’s parent or legal guardian if the potential prize winner is a minor in the jurisdiction in which they reside) may be required to sign and return a Declaration and Release or they will be disqualified and an alternative prize winner shall be chosen. If a minor wins the prize, the prize will be awarded in the name of the minor’s parent or legal guardian who executes all required paperwork on the minor’s behalf. Each winner (or parent or legal guardian on behalf of the minor and him/herself) releases Hurley, its parent company, their
affiliated companies and all employees, agents, and representatives from all liability and responsibility of any kind which is related in any way to the prize (including without limitation any property loss, damage, personal injury or death) and consent to the use of their names and likenesses for advertising and promotional purposes without additional compensation, except where prohibited by law.
15. GENERAL CONDITIONS.
- a. Void where prohibited by law. The Contest and the legal US participants are subject to all applicable federal, state and local laws and regulations of the United States. The Contest and all the legal Canadian participants are subject to all applicable federal, provincial and municipal laws of Canada.
- b. In the event that the operation or administration of the Contest is impaired in any way for any reason, Hurley may, in its sole discretion, suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules.
- c. Hurley reserves the right to modify or cancel this Contest at any time. In the event of cancellation, and at Hurley’s sole discretion, Hurley may substitute another Contest in its place.
- d. Hurley is not responsible for any printing errors in these Official Rules or other materials related to the Contest.
- e. Hurley reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unethical or disruptive manner. Any attempt by any person to undermine the operation of the Contest may be a violation of criminal and civil law.
- f. Hurley’s failure to enforce any part of these Official Rules shall not constitute a waiver of that part.
- g. Online entry must be made by the Entrant only at the designated web site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address will be invalid and disqualified for the Contest. The use of any device or computer software program to automate the entry process is prohibited. Hurley is not responsible for: (i) any incorrect or inaccurate entry information; (ii) human error; (iii) technical malfunctions; (iv) failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, providers, or software, including any damage to Entrant's or any other person's computer resulting from participation in the Contest; (v) inability to access any web site; (vi) theft, tampering, destruction, or unauthorized access to, or alteration of entries; or (vii) transactions that are processed late or incorrectly or are incomplete or lost.
- h. Proof of entering entry information at the web site is not considered proof of delivery or receipt. Illegible and incomplete entries will be disqualified.
- i. All entries become the property of Hurley and will not be acknowledged or returned. False and/or deceptive entries or acts shall render Entrants ineligible.
- j. Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules and with the Hurley Privacy Policy, which can be found at http://www.Hurley.com/base/privacy/. By entering the Contest, each Entrant agrees to be bound by these Official Rules and the decisions of Hurley, whose decision is final and binding.
16. HOW CAN I FIND OUT WHO WON? To obtain the name of the winners, send a self-addressed stamped envelope to: 2011 WTW Contest, Hurley International LLC, 1945-G Placentia Avenue, Costa Mesa, CA 92627, Attn: Vice President, Marketing. Requests must be received within four (4) weeks of the conclusion of the Contest.
17. HOW WILL DISPUTES BE HANDLED? Each Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, (b) any judicial proceeding shall take place in a federal or state court within the State of Oregon; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, but in no event attorneys' fees; and (d) under no circumstances will Entrant be permitted
to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Entrant, any School and Hurley in connection with this promotion, shall be governed by, and construed in accordance with the laws of the state of Oregon, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Oregon or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the state of Oregon.
III. SUBMISSION AGREEMENT AND RELEASE
SUBMISSION AGREEMENT AND RELEASE
Please Read Carefully, Sign and Return to Hurley
For purposes of this Submission Agreement and Release (this “Release”), “Event” means, collectively, the 2011 Walk the Walk event being sponsored by Hurley International LLC (“Hurley”) and held from February to August 2011, online and at Huntington Beach, California, any and all transportation to, from and between Event locations, all product testing at the Event, and all other activities related to the Event and to my participation in the Event. In consideration of the opportunity to participate in the Event, I, the undersigned participant, acknowledge and agree that:
1. OFFICIAL RULES. I have read and agree to be bound by the Official Rules for the Event, which can be found at www.Hurley.com/wtw (the “Official Rules”).
2. ACCURACY OF PERSONAL INFORMATION. My name, date of birth, address and other information on this Release submitted to Hurley is accurate.
3. NO OFFERS. Hurley has not made any offer or commitment to get me to submit my designs or materials or otherwise participate in the Event. I understand that Hurley will (a) not return my designs or other materials, and (b) have no obligation to me in connection with my designs and other materials.
4. EVENT ELIGIBILITY CRITERIA. I (or parent or legal guardian if I am not over the age of majority (18 years of age or older in most states) (“minor”)) am eligible to accept the Event prizes described in the Official Rules if I am selected as a prize winner:
(a) I understand that (i) all potential finalists must be available to travel to those locations and during those time periods set forth in the Official Rules; and (ii) if I am selected as a potential finalist and I cannot or do not wish to travel or participate, then I may be disqualified and an alternate finalist will be determined as set forth in the Official Rules;
(b) if I am a minor, I understand that parental supervision or supervision by a legal guardian or other authorized adult chaperone is required; and
(c) if I am selected to represent my school at the Event finals in Huntington Beach, California, I must submit a completed Emergency Medical Release and Liability Waiver.
5. REPRESENTATIONS AND WARRANTIES. I represent and warrant that:
(a) I am the sole owner of the designs and materials I submit to Hurley;
(b) the designs and materials I submit are my original work and entirely of my own design and production;
(c) my design has not won any previous awards or competitions and has not been submitted for any other awards or competitions;
(d) no rights in my design have been previously granted to any person, firm, corporation or other entity; and
(e) the designs and materials I submit do not violate or infringe any privacy rights, copyrights, trademark rights, or other rights of any person or entity, with the exception that I may use Hurley’s logos and trademarks in my designs, but acknowledge that such right is limited to the Contest.
6. PERMISSION TO USE LIKENESS. I grant Hurley and its parent company, NIKE, Inc., their affiliates and subsidiaries, successors, assigns and licensees the worldwide, perpetual right to use my name and likeness in any form and for any purpose, without approval or compensation.
7. ASSUMPTION OF RISK. Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of competition, and the condition of the facilities and equipment. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in the Event. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care.
8. RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge Hurley and its parent company, NIKE, Inc., and all of their affiliates and subsidiaries, their respective officers, directors, shareholders, employees, agents, representatives, contractors, successors, assigns, and insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively the “Released Parties”) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.
9. AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME. I hereby grant to Hurley and its parent company, NIKE, Inc., their affiliates and subsidiaries, successors, assigns and licensees permission to film, photograph, video record and otherwise record my image, voice, or any other aspect of the recording at the Event (collectively the “Recording”) and the perpetual right to use the Recording and my name in any manner or media and for any purposes without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. Hurley and its affiliates, subsidiaries, successors, assigns and licensees shall have no obligation to use any of the rights I grant. I represent that it is not necessary for Hurley and its affiliates, subsidiaries, successors, assigns or licensees to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
10. OTHER ELIGIBILITY ISSUES. I understand and agree that if I am a student-athlete I am responsible for my own collegiate eligibility and/or amateur standing. I am aware of, and agree to comply with, all rules, regulations, and bylaws of my state association and of any national federation responsible for administering or regulating interscholastic athletics, and of the NCAA or other regulatory authority, that may be applicable to my participation in the Event. I understand the consequences of any failure to comply with such rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport at the high school, collegiate or other level. I understand that Hurley may offer prizes of substantial value to participants in the Event, and I agree to decline any such gift if I am subject to NCAA or other regulations that would restrict me from receiving it.
11. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to Hurley and its parent company, NIKE, Inc., their affiliates and subsidiaries a perpetual license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. I transfer to Hurley all rights, title and interest in and to the designs and materials I submit. Hurley will have the worldwide perpetual right to copy, display, reproduce, change, sell, assign, market, and has not been submitted for any other awards or competitions register or otherwise use and exploit my designs and materials, in whole or in part, for any purpose, in any way and in any media without approval by or compensation to me or anyone else.
12. ARBITRATION. In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The hearing shall be conducted in Portland, Oregon unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
I have read this Submission Agreement and Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it. I sign this Submission Agreement and Release freely and voluntarily, without any inducement or coercion.
I certify that:
I am over the age of majority (18 years of age or older in most states), or
I have my parent’s or legal guardian’s consent as indicated below.
PARTICIPANT SIGNATURE DATE OF BIRTH DATE SIGNED
ADDRESS:
E-MAIL ADDRESS:___________________________________________ PHONE NUMBER:
IF THE PARTICIPANT IS A MINOR, THE PARENT OR GUARDIAN MUST READ AND SIGN BELOW:
I am the parent or legal guardian of the above-named participant, and I agree that the participant may take part in the Event. I understand that transportation may be provided, and, in the event transportation is provided, I consent to the participant taking the bus, car or other vehicle provided. On behalf of the participant, I hereby irrevocably and unconditionally agree to all of the terms of this Participant Release. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties (defined above) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.
PARENT OR GUARDIAN SIGNATURE PRINT NAME DATE SIGNED
IV. SCHOOL PARTICIPATION FORM
SCHOOL PARTICIPATION FORM
Please Read Carefully, Sign and Return to Hurley
For purposes of this School Participation Form (this “Form”), “Event” means, collectively, the national 2011 Walk the Walk Contest being sponsored by Hurley International, LLC (“Hurley”) and held between February to August 2011, online and at Huntington Beach, California, any and all transportation to, from and between Event locations, all product testing at the Event, and all other activities related to the Event and to my participation in the Event. In consideration of the opportunity to participate in the Event, I, the undersigned, as an authorized representative of the following high school selected by Hurley to participate in the Event: ______________________________________________________ (the “School”) acknowledge and agree on behalf of the School that:
1. OFFICIAL RULES. I have read and the School agrees to be bound by the Official Rules for the Event, which can be found at www.Hurley.com/wtw (the “Official Rules”).
2. ACCURACY OF SCHOOL INFORMATION. The name, address and other information on this Form submitted to Hurley is accurate.
3. NO OFFERS. Hurley has not made any offer or commitment to get the School to participate in the Event. The School understands that Hurley has no obligation to the School in connection its participation in the Event except as set forth in the Official Rules.
4. EVENT ELIGIBILITY CRITERIA. The School is eligible to accept the Event prizes described in the Official Rules if the prize winners selected by Hurley attend the School, and further understands that:
(a) all potential Event finalists must be available to travel to Huntington Beach, California during the time periods set forth in the Official Rules;
(b) if the School and its representative Entrants are selected as finalists and an authorized representative of the School or some or all of its Entrants cannot or do not wish to travel or participate, then the School and its Entrants may be disqualified and an alternate finalist will be determined as set forth in the Official Rules; and
(c) Supervision by an authorized teacher or administrator from the School for the duration of the Event, and supervision by at least four (4) other authorized teachers, parents or legal guardians is required for Entrants, including minors, for travel to Huntington Beach, California, are required.
5. MEDICAL WAIVER FORMS. The School understands and agrees that each person traveling to Huntington Beach must submit to Hurley the attached Emergency Medical Release & Liability Waiver, and if they fail to do so, then the School and its Entrants may be disqualified and an alternate finalist will be determined as set forth in the Official Rules;
6. RELEASE FROM LIABILITY. The School, for itself and on behalf of its insurers, successors and assigns, hereby fully and forever releases and discharges Hurley and its parent company, NIKE, Inc., and all of their affiliates and subsidiaries, their respective officers, directors, shareholders, employees, agents, representatives, contractors, successors, assigns, and insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively the “Released Parties”) from any and all claims or causes of action that the School may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.
7. AUTHORIZATION TO IDENTIFY THE SCHOOL. The School hereby grants to Hurley and its parent company, NIKE, Inc. their affiliates and subsidiaries, successors, assigns and licensees the worldwide, perpetual right to use the School’s name, team name, logo and mascot in any form and for any purpose related to the Event, without approval or compensation.
The School’s Team Name is: __________________________________________________________
The School’s logo is obtainable at: __________________________________________________________
An approved image of the School’s mascot (if any) is obtainable at: __________________________________________________________
8. ARBITRATION. In the event of any dispute between the School and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The hearing shall be conducted in Portland, Oregon unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
SCHOOL: _______________________________________________
By: _______________________________________________
Name: _______________________________________________
Title: _______________________________________________
E-mail Address: __________________________________________
Phone Number: __________________________________________
V. EMERGENCY MEDICAL RELEASE AND LIABILITY WAIVER
Emergency Medical Release & Liability Waiver
Hurley’s 2011 Walk The Walk Contest - Huntington Beach, California
Participant’s Name________________________________________________________________ Birthdate________________________
Street Address ________________________________________________City _________________________________ Zip___________
EMERGENCY INFORMATION
Father's/Guardian’s Name______________________________ Home Phone (_____)____________ Cell/Bus Phone (_____)____________
Mother's/Guardian’s Name _____________________________ Home Phone (_____)____________ Cell/Bus Phone (_____)____________
In an emergency when parent/guardian cannot be reached or is not applicable, please contact the following:
Name______________________________________________ Home Phone (_____)____________ Cell/Bus Phone (_____)____________
Name______________________________________________ Home Phone (_____)____________ Cell/Bus Phone (_____)____________
Allergies_________________________________________________________________________________________________________
Other Medical Conditions____________________________________________________________________________________________
Physician____________________________________________ Cell Phone (_____)______________ Bus Phone (_____)______________
Medical/Hospital Insurance Company____________________________________________________ Bus Phone (_____)______________
Policy Holder's Name_______________________________________ Policy Number____________________________________________
THIS AUTHORIZATION FOR EMERGENCY MEDICALTREATMENT MUST BE COMPLETED BEFORE PARTICIPANT (ENTRANT, OR OTHERWISE) CAN PARTICIPATE IN ACTIVITIES. TREATMENT FOR INJURY WILL BE BASED ON INFORMATION PROVIDED HEREIN.
I, the undersigned participant, and parent/guardian of the above listed minor (if participant is under the age of 18) acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability or death, and severe social and economic losses which might result not only from their own actions, inactions or negligence, but action, inaction or negligence of others, the rules of participation, or the condition of the premises or of any equipment used and further, that there may be other unknown risks not reasonably foreseeable at this time, assume all the foregoing risk and accept personal responsibility for the damages following such injury, permanent disability or death, hereby release, discharge, covenants to indemnify and not to sue Hurley International LLC, its parent company, NIKE, Inc., or their subsidiaries or affiliates, the directors, officers, employees, coaches, managers, agents, sponsors and associated personnel of such companies (collectively “Hurley”), and the owners and lessors of premises used to conduct all activities associated with Hurley’s 2011 Walk The Walk Contest (“Event”), all of which are hereinafter referred to as 'releasees', from any and all liability to each of the undersigned, his/her heirs or next of kin for any and all against any claim by or on behalf of the participant as a result of their participation in the Event and/or being transported to or from the same, which participation, after careful consideration I hereby authorize, and which transportation I hereby authorize. I hereby give my consent to have an authorized reprehensive of Hurley and/or doctor of medicine or dentistry or associated personnel to provide the participant with medical assistance and/or treatment and agree to be financially responsible for the cost of such assistance and/or treatment. I, also agree to save and hold harmless and indemnify each and all parties herein referred to above as releasees from all liability, loss, cost, claim or damage whatsoever, including death or damage to property, which may be imposed upon said releasees because of any defect in or lack of such capacity to so act or caused or alleged to be caused in whole or in part by the negligence of the releasees. I have read the above waiver/release and understand that (I) we have given up substantial rights by signing this Release and sign below voluntarily. I understand that this document may not be altered in any manner and that any alternation without the express written consent Hurley may cause the participant to be removed from the Event.
Participant’s Signature__________________________________________________________________ Date_____________________
(Participant’s Signature is required)
Parents/Guardians Signature_____________________________________________________________ Date_____________________
(Parent’s/Guardian’s Signature is required if participant is under the age of 18)
NOTE: ATTACH COPY OF YOUR INSURANCE CARD, FRONT AND BACK, TO EXPEDITE MEDICAL TREATMENT.










