By participating in the Striped Horse Challenge presented Bos Ice Tea & Hurricane Surf (the Contest), all Surfers, Photographers and Videographers (the Participants) acknowledge they are participating at their own risk and that neither Zigzag nor any of the sponsors (Striped Horse Beer, Bos Ice Tea or Hurricane Surf) is responsible or can be held liable for any physical harm, death or damage to, or loss of property that may occur as a result of participation in this Contest.
1. The Striped Horse Challenge is open to individuals who are at least eighteen (18) years-old at the time of entry.
2. Sponsors: Striped Horse Beer, Bos Ice Tea and Hurricane Surf.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these official rules and Zigzag’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.
4. Timing: The Contest begins on 01 June 2018 and closes on 31 December 2018.
5. Only Southern Africans may enter or be considered and entries must have been documented and ridden in South Africa, Namibia or Mozambique.
7. All competition entries need to have been ridden during the Contest period – 01 January 2018 to 31 December 2018. All waves need to have been paddled into, with no jetski, PWC or motorised boat assistance in catching the wave. This is a paddle-in surfing competition and no tow-in waves will be considered, nor will they qualify for entry.
9. Submissions captured during surf contests and any ride wearing a contest singlet, will not be considered.
10. How to Enter: Both Surfers and Videographers / Photographers can participate in the Contest as Participants. Surfers and Videographers / Photographers qualify for different prizes. The Surfer needs to have successfully ridden a wave from 01 January 2018 to 31 December 2018, which is to be filmed by the Videographer or photographed by the Photographer. The video/photos will henceforth be referred to as the submission (“Submission”). Once the Submission has been created, the Videographer or Photographer may e-mail email@example.com his/her wetransfer.com or Dropbox upload link of the Submission. Only once the Submission is uploaded onto the Striped Horse Challenge Website does it qualify as an entry. By participating, each Surfer and Videographer / Photographer acknowledges that they are participating at their own risk and that neither Zigzag nor any Sponsor is responsible for any physical harm or death that may befall any Surfer or Videographer as a result of participation in these Contests. By uploading a Submission, both the Videographer / Photographer who created the Submission, and the Surfer 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 Zigzag Surf Magazine and Sponsors, in their sole discretion, reserve the right to remove your Submission and disqualify you from the Contest if, in their sole discretion, the Submission fails to conform to the Guidelines and Restrictions.
All entries must be uploaded via wetransfer.com or Dropbox and shared with firstname.lastname@example.org once the entry is received, you will get a confirmation email from Zigzag confirming that your entry is received. Only once it is loaded onto the Striped Horse Challenge does it qualify as an official Submission or Entry into the competition.
– The Submission must be shot in HD or Higher Resolution (720p, 1080p, 2.5k, 4k)
– If video entry is over 1GB, please contact email@example.com for further instruction.
– Videos with poor visual quality will not be accepted. In this regard Zigzag Surf Magazine and the Sponsor’s decision is final and no correspondence will be entered into.
– All Submission must be submitted without any watermarks or logos.
– Zigzag Surf Magazine and the Sponsors reserve the right to insert Striped Horse Challenge and Sponsors top and tail logo screens on all official Entries.
– Zigzag Surf Magazine and the Sponsors reserve the right to re-edit all accepted Entries and publish on Zigzag Surf Magazine platforms (including but not limited to Website, Facebook, Instagram, Twitter) in promotion of the Contest.
– For questions regarding The Striped Horse Challenge entries, contact firstname.lastname@example.org or email@example.com
– 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 Contest;
– The Submission must not contain images or artwork not created by Photographer or 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 of South Africa or the country it was captured;
– The Submission must not contain unsportsmanlike conduct, extraordinarily dangerous acts, reckless acts, or evidence inexperience in surfing in extreme surf conditions;
– Any footage or imagery entered into the competition is allowed to be submitted to other media as long as a credit or byline to ‘The Striped Horse Challenge’ is included in order to be kept in consideration to win.
– Photographers and Videographers still retain the rights to all images and footage submitted to The Striped Horse Challenge. Any material submitted elsewhere without the correct byline will not be considered as a finalist.
Note: the correct title is: The Striped Horse Challenge
Limit: Videographers may only upload one (1) Submission per wave. The Videographer must have permission from the featured Surfer, and any other individuals that appear in the Submission, to use their names and likeness in the Submission and to grant the rights set forth herein. If requested, the Videographer must be able to provide such permissions in a form acceptable to Zigzag Surf Magazine and the Sponsors. Uploading a Submission constitutes consent of both the Videographer and featured Surfer to give Sponsors a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, distribute, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, both the Videographer and featured Surfer will be required to sign any documentation necessary for Sponsors or their designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9 below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of Videographers/Photographers entering the same wave ridden by the same surfer/surfers and the entry is in contention for winning, the entry that is deemed by the judges to be shot from the best angle taking into account quality, format, clarity, etc. will be considered as the “Official Qualifying Entry” for that ride. In this regard Zigzag Surf Magazine and the Sponsor’s decision is final and no correspondence will be entered into.
In the event of a dispute as to the Videographer of any Submission, the authorised account holder of the email address used to upload the Submission will be deemed to be the Videographer. The “authorised account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Each Videographer may be required to show proof of being an authorised account holder. In the event of a dispute as to the featured Surfer in any Submission, the Surfer closest to the breaking part of the wave will be deemed the Surfer.
11. Winner Determination:
– The Striped Horse Challenge: Before the end of each month of the Contest, Videographers must enter their Submissions from that month. The field of entrants from that month will be narrowed down and top rides will be highlighted in a Zigzag feature. On or about 31 December 2018, the judging panel consisting of local opinion will select the ultimate winning wave and Videographer or Photographer for The Striped Horse Challenge based on the following criteria (“Judging Criteria”):
– Wave Size (33.33%);
– How well the wave is surfed (33.33%); and
– Overall “Heaviness” Factor (33.33%).
In the event of a tie for The Striped Horse Challenge, the Videographer/Photographer and Surfer whose Submission received the highest Degree of Overall “Heaviness” Factor, as determined by the qualified judges, in their sole discretion, will be deemed the winners. Sponsors and Zigzag reserve the right not to select a winner if, in its sole discretion, it does not receive an eligible and qualified Submission.
12. Winner Requirements: Potential winners will be notified by email, mail or phone. The potential Grand Prize winner will be required to sign and return winner documentation, as determined by Sponsors in their sole discretion, to confirm eligibility, release Sponsors and Administrator of liability, or for any other reason deemed necessary by Sponsors. The documentation must be received by Sponsors within ten (10) days of the date notice or attempted notice is sent for the potential winner to remain eligible to receive a prize. If the documentation is not received by Sponsors within ten (10) days, or the potential winner cannot be contacted, the potential winner may be disqualified. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsors’ sole discretion. Up to three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsors and their designees may use the winner’s name, city, province, country, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall grant to Sponsors the rights to the Submission including all renewals and extensions of copyright, including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsors shall not be obligated to use the Submission and that Sponsors in their sole discretion shall have the right to refrain from using the Submission. Sponsors shall not incur any liability whatsoever to the extent Sponsors choose to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsors, Released Parties (as defined in Section 12, below) and any licensee of Sponsors against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after end of Contest.
13. The Striped Horse Challenge Prizes:
ONE (1) SURFER GRAND PRIZE: R50 000
ONE (1) RETURN TICKET TO HAWAII PURCHASED AT ZIGZAG‘S DISCRETION
ONE (1) ASSORTED SURF ACCESSORIES FROM HURRICANE SURF FOR THE WINNING SURFER VALUED AT FORTY THOUSAND RAND (R40 000)
ONE (1) VIDEOGRAPHER/PHOTOGRAPHER GRAND PRIZE: R20 000
ONE(1) SEASON’S BEATINGS GRAND PRIZE: R10 000
A monthly prize will also be awarded to the winner of each leg of The Striped Horse Challenge. No Beer will be awarded to any person/s under the age of 18.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsors’ sole discretion. Sponsors reserve the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
14. Release: By receipt of any prize, winner agrees to release and hold harmless Zigzag Surf Magazine, Striped Horse Craft Beer, Bos Ice Tea or Hurricane Surf and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contests or receipt or use or misuse of any prize.
15. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contests, as determined by Sponsors in their sole discretion. If terminated Sponsors may, in their sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsors, in their sole discretion, reserve the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contests may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
16. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilised in the Contests; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the Submission process or the Contests; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contests, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contests or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorised third-party use of any Submission.
17. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contests or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contests, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Republic of South Africa.