Volcom Skate Happening - TERMS AND CONDITIONS

TERMS AND CONDITIONS
OF Volcom Skate Happenings
 
 
 
 
ARTICLE 1 – ORGANIZATION OF THE CONTEST
 
 
The Company Volcom SAS, having its registered office at Baia Park – 1 allée Belharra, 64600 Anglet, France, registered with the Trade and Companies Register of BAYONNE under the number 488 298 62 (hereinafter the "Organizing Company") and represented by JOOST GROOTSWAGERS, in his capacity as President organizes during the hereinafter referred to as “Contest Period” a free contest entitled: "Volcom Skate Happening #VSHBristol)" (hereinafter referred to as "the Contest").
 
The Contest, organized with no purchasing obligation, is governed by the terms and conditions described in these Rules (hereinafter referred to as “the Rules”).
 
The Rules are accessible on the Organizing Company’s website. Any additions and modifications to the Rules, which may be published during the Contest, shall be considered as part of the Rules. They shall be accessible to the contestants the same way as the initial Rules.
 
To this respect, the Organizing Company shall not incur any liability in the event of force majeure or events beyond its control if it is forced to cancel the Contest, as well as in case of extension or limitation of the Contest Period or more generally any modification of the conditions of the Contest and/or its Rules.
 
Indeed, the Organizing Company reserves the right to cancel or modify the Contest or its Rules at any time if fraud, technical failures, virus, tampering, malfunction, error, disruption, damage or any other factor beyond the Organizing Company’s reasonable control impairs or will impair the administration, security, fairness, or integrity of the Contest, as determined by the Organizing Company, in its sole discretion.
 
The Organizing Company is a manufacturer and seller of a broad array of apparel and accessories sold under and identified by the Organizing Company name and certain derivatives thereof and associated logos (hereinafter referred to as the “VOLCOM Marks”) pursuant to a license granted by ABG-Volcom, LLC (“ABG”), the owner of the VOLCOM Marks.
 
Pursuant to the Organizing Company License Agreement dated as of April 1, 2019, as amended from time to time (hereinafter referred to as the “Master License”), ABG granted to the Organizing Company the right to use the VOLCOM Marks in certain territories and for certain apparel and accessories, all as set forth in greater detail therein. By entering the Contest, the contestant acknowledges and agrees that (i) if the Master License is terminated for any reason, then the Contest and any related agreement(s) shall automatically terminate, (ii) ABG is the exclusive owner of the VOLCOM Marks and all combinations, forms, variants, modifications, embodiments and derivatives thereof throughout the world and all goodwill related to such marks, (iii) to the extent any rights in and to the VOLCOM Marks are deemed to accrue to the contestant, the latter hereby assigns any and all such rights, at such time as they may be deemed to accrue including the related goodwill, to ABG under the Master License, (iv) the contestant shall not during the Contest Period or thereafter attack or challenge (a) the ownership rights of ABG in and to the VOLCOM Marks or the validity of such marks, (b) any application for registration or registration of such marks, (c) the rights licensed to Volcom, LLC in and to the VOLCOM Marks, or (d) the validity of the Master License or any other rights. 
 
The Organizing Company may promote and advertise the Contest using services provided by Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), and Instagram, Inc. (“Instagram”); however, this sweepstakes is in no way organized, sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Any inquiries regarding the Contest are to be directed to the Organizing Company.
 
As a consequence, the personal data collected in the context of this Contest is intended for the Organizing Company and not for Facebook, Google, Twitter, Apple or Microsoft.
 
An Internet platform is used to provide Contest info, registration, submissions and results.
 
As the Contest is accessible on Instagram (www.instagram.com), Instagram will not be held responsible in the event of a dispute related to the Contest. Instagram is neither the organizer nor the sponsor of the operation. The personal data collected during the Contest is intended for the Organizing Company in accordance with the Rules.
                                               
As the Contest is accessible on cell phones, under no circumstances will Apple, Microsoft, Google or any other mobile application platform be held responsible in the event of a dispute related to the Contest.
 
 
ARTICLE 2 – ELIGIBILITY AND AGREEMENT TO THE RULES
 
The Contest is exclusively open to 16 and over years old individuals at time of entry with an Instagram account and a valid email address (hereinafter referred to as the “Contestants”, and each of them referred to as the “Contestant”), with the exception of the staff of the Organizing Company and their families, as well as all persons having participated in the elaboration of the Contest.
 
For minors:
Contest registration and agreement to the Rules have to be made by the Contestant’s legal representative.
 
The Contestants warrant that they meet the eligibility requirements. Their participation to the Contest implies their agreement to the Rules. In addition, they agree to accept the decisions of the Organizing Company as final and binding as it relates to the content of this Contest.
 
 
ARTICLE 3 – CONTEST PERIOD
 
Entries will be accepted online starting on 25/9/21 at 10:00am .
 
All online entries must be received by 9/10/21 at 12:00pm and The Contest ends 9/10/21 at 12:00pm.
 
The Organizing Company’s computer will be the official time-keeping device. Entries received after the Contest Period will not be eligible. Any proof of submission does not constitute proof of receipt.
 
 
ARTICLE 4 – CONTEST DESCRIPTION
 
The contest is a skateboarding competition in which Invited competitors will showcase their best maneuver “tricks” at three (3) defined locations “spots” in Bristol, UK 
The contestants have to be the skateboarders themselves submitting their action. They will compete by submitting a three trick skateboarding video, (one trick at each of the three defined spots), without any music. 
The Contestants must use their cell phones and social media to share content with the judges.
The contestants will have to submit their videos through their Instagram accounts using the hashtag #VSHBristol . They will compete for  £1000 prize money (1st £500, 2nd £300 and 3rd £200), + additional prizes from Volcom and other sponsors!
 
Trick videos must be submitted before 9/10/21, 12pm local British time
There is no limit to how many trick videos of each defined spot a competitor may submit for the Contest prizes, although each video must contain one trick at each spot. Skateboarders must be 16 years of age or older and experienced in street skateboarding. 
 
 
 
ARTICLE 5 – CONTEST PROCEDURES, VIDEO GUIDELINES AND TERMS OF PARTICIPATION
 
This Contest takes place exclusively on Instagram during the Contest Period.
 
To enter the Contest via Instagram, the Contestant must have a valid public (i.e. not “private” or “protected”) Instagram account. If the Contestant does not have an Instagram account, he/she must visit the website www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account.
 
 
Contest Procedures
 
 The three spots will be announced through Instagram, on the 25/9/21 , 9am local British time.
Contest Start and End times: The contest begins on 25/9/21 at 9:00 a.m. local British time (“Start Date”) and ends on 9/10/21 at 12 p.m. local British time (“End Date”) (“Contest Period”).
After entering the contest by signing up online,  Contestants must post their Contest submission via Instagram, the Contestant must complete the following instructions:
 
  1. Upload a three trick skateboarding video, (one trick at each of the three defined contest spots), without any music.  (hereinafter referred to as the “Submission”);
  1. Use the hashtag #VSHBristol and the Instagram handle @VOLCOMSKATE in the comment section of the footage.
 Non Entrants submissions will not be considered. Videos taken outside of (before or after) the Contest Period will not be considered in the judging process. If it appears that a trick has been performed outside the Contest Period, the Contestant will be automatically disqualified
By uploading a Submission, all competitor who created the Submission, agree that the Submission conforms to the Video Guidelines and Content Restrictions of Instagram and that Sponsor, in its sole discretion, may not review your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions
 
 
Video Guidelines
 
For rights purposes, no music shall be displayed on the Submission.
 
Each Submission shall be uploaded to the Contestant’s profile and may not be submitted or uploaded by any third party.
 
The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
 
The Submission cannot be edited (with the sole, limited exceptions of identifying the Contestant) and must include raw footage of the Contestant skateboarding at the abovementioned location during the Contest Period.
 
All images/video deemed worthy of consideration could be displayed on the Contest website on Volcom.com, event partner sites and official the Organizing Company social networking or content sharing channels, pages on YouTube or Facebook, etc.
 
Each Submission must not:
  • Show or encourage any unsportsmanlike conduct, extraordinarily dangerous acts, or reckless acts.
  • Contain nudity, lewd or vulgar behavior.
  • Contain images and/or artwork that are copyrighted, trademarked, protected by trade secret or otherwise subject to third party proprietary rights, including intellectual property rights but also privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such content.
  • Show gratuitous violence and real weapons of any kind, including, but not limited to, guns, knives or projectiles.
  • Show drug use.
  • Contain images and/or words that are hateful, defamatory or derogatory, as well as promote bigotry, racism, hatred against any group or individual and discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law or regulation.
  • disparage about Sponsor or any other person or party affiliated with the Contest.
  • more generally be unlawful, in violation of or contrary to the laws or regulations which are applicable to the Contest.
 
 
Terms of participation
 
The entry must fulfill all the Rules to be eligible to win a prize (hereinafter referred to as the “Prize”). Entries that are incomplete or do not adhere to the Rules may be disqualified at the sole discretion of the Organizing Company.
 
All information submitted via Instagram is subject to Instagram’s Terms of Use accessible at: https://help.instagram.com/478745558852511 and Privacy Policy accessible at: https://www.instagram.com/about/legal/terms/api/. Failure to follow any instructions provided by the Official Instagram Account may result in disqualification at the sole discretion of the Organizing Company.
 
By uploading a Submission, all competitor who created the Submission, agree that the Submission conforms to the Video Guidelines and Content Restrictions of Instagram and that Sponsor, in its sole discretion, may not review your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
 
If the Contestant uses fraudulent methods or otherwise attempt to circumvent the Rules, his/her submission may be removed from eligibility at the sole discretion of the Organizing Company.
 
The Organizing Company may prohibit a Contestant from participating, winning, or accepting a Prize if, at its sole discretion, it determines that said Contestant is attempting to undermine the legitimate operation of the Contest and associated Prize by cheating, fraud, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other Contestants or the Organizing Company’s representatives. The Organizing Company’s failure to enforce any term of these Rules shall not constitute waiver of that provision.
 
Caution: any attempt by a Contestant to undermine the legitimate operation of the Contest is a violation of criminal and/or civil laws and should such an attempt be made; the Organizing Company reserves the right to seek damages and other remedies from such person to the fullest extent permitted by the law.
 
 
ARTICLE 6 –DESIGNATION OF WINNERS
 
All Contestants will be judged by the Judging Panel at its sole discretion from among the Contestants who have duly completed the abovementioned terms of participation to enter the Contest.
a)After the closing date of the contest window, the Judging Panel will evaluate the entries received for adherence to the Rules.
 The judging Panel will judge the tricks and rides using the following criteria: (in no particular order): Difficulty, Amplitude, Execution, Style, but also will take note on Instagram “likes”, number of views and internet feedback. The Judging Panel may seek input from some or all members of the larger judging panel at its discretion.
  1. b) Each trick at each of the three spot counts as one third of the final result.
  2. c) Each of the three tricks on each submission will be judged individually (without taking account of the other tricks), and final result of each submission represent the addition of the three tricks results. 
  3. d) The Contest judging panel will consist of a Five individuals who are respected within the skateboarding community. Invitations to participate on this panel will be extended to some people from the skateboard industry, photographers and videographers along with a selection of writers and editors who regularly cover skateboarding. The panel should be sufficiently diverse so as to prevent any manipulation of the results. 
  4. e) Judging Methodology: Following the official closure of the contest period, judging members will review all entries. Judges will be expected to use their best efforts to fully review available materials and participate according to the rules and spirit of the event. Judges should refrain from lobbying other judges or otherwise making their votes public prior to the passing of the voting deadline.
  5. f) Judging Criteria and Guidance: The Evaluations Criteria in determining the Volcom Triple Quest winners (without any particular order): Style, Difficulty and Execution of the tricks of each finalist done during the contest time at the aforementioned spots, based on review of submitted video footage.
  6. g) Top 3 winners will be announcedduring an award ceremony on the 16/10/21 from 6:00pm, at The Pool (Campus Skatepark)
Attendance:
The Contest top 3 winners will be honored. Winning skateboarders must be present at the ceremony in order to receive their prizes.
The contest prizes will be given to the top 3 skateboarders executing the best tricks on the three defined spot.
Winner gets a £500 prize, 2nd place winner gets a £300 prize, 3rd Place gets a £200 and judges might give extra product prizes to competitors at their sole discretion.
Any taxes due will be the sole responsibility of the winners.
 
 
 
The Judging Panel shall select the winners after the end date of the Contest within 7 days (hereinafter referred to as the “Winners” and each referred to as the “Winner”).
 
Each Winner shall be contacted directly by e-mail by the Organizing Company within 7 days after the draw in order to obtain his/her postal address to send or communicate his/her Prize.
 
The Organizing Company shall have no liability for the Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.
 
If the Winner cannot be contacted, is ineligible, fails to claim the Prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the Prize will be forfeited and an alternate Winner will be selected.
 
ARTICLE 7 – PRIZES
 
On top of sick prizes from the Organizing Company and product partners, the Winners will be awarded a prize money. First place gets a Five hundred pounds (£500) prize, 2nd place winner gets a Three hundred pounds (£300) prize, 3rd Place gets a Two hundred pounds (£200) prize and judges might give extra product prizes to competitors at their sole discretion.
 
The specifics of the Prize shall be solely determined by the Organizing Company.
 
No other Prize substitutions shall be permitted. The Prize is nontransferable. All Prize-related expenses, including without limitation all federal, state, and/or local taxes, shall be the sole responsibility of the Winner.
 
The Prize shall be subject to the terms and conditions delivered with the online voucher.
 
The Organizing Company shall not be held responsible for the use or non-use, or even trading, of the Prize by the Winner.
 
In case of force majeure, the Organizing Company reserves the right to cancel the won Prize without compensation.
 
 
ARTICLE 8 – INTELLECTUAL, LITERARY AND ARTISTIC PROPERTY RIGHTS
 
By posting the Submission on Instagram, the Contestant expressly agrees to all the following terms and conditions (hereinafter referred to as the “Agreement”):
 
“I am the author of the Submission”:
I represent and warrant that the Submission contains actual and unedited footage of me skateboarding during the time, on the date (which is during the Contest Period) and at the location designated, and that with respect to each trick submitted for each location.
 
I represent and warrant that I am the author of the photograph(s), graphic(s), image(s), selfie(s), video(s), message(s), or other media that I have associated with the hashtag #VSHBristol, and I have created the accompanying caption(s) (hereinafter referred to as the “User Content”).
 
I represent and warrant that I have advised the Videographer that he/she/they will not receive any compensation, credit, consideration or other benefit from The Organizing Company relative to my participation in this Contest.
 
I represent and warrant that the Submission has not been published or distributed on any website, on social media or any other media or means of distribution prior to submission as part of this Contest.
 
I represent and warrant that the Videographer has granted me any and all necessary rights to submit the Submission as an entry in this Contest and for the Organizing Company’s media partners to use, copy, publicly perform and display, distribute (through any means or methods whether now known or hereafter to become known), create derivative works of, modify and broadcast such videos in connection with the Contest, for editorial and news purposes and the marketing, advertising and promotion of the Contest.
 
In consideration of fair advertising compensation, the receipt and sufficiency of which are hereby acknowledged, I wish to transfer all rights in the User Content to the Organizing Company under the terms and conditions set forth in this Agreement.
 
I hereby affirm that I am the sole author of the User Content.
 
If anyone else is in fact the author of the User Content, I hereby warrant that such person has, in consideration of fair advertising compensation, transferred in writing all rights in the User Content to the Organizing Company under the terms and conditions set forth in this Agreement, in a document that I will promptly provide upon request by the Organizing Company.
 
Use of User Content by the Organizing Company:
I hereby grant the Organizing Company, on a permanent basis, the irrevocable, non-exclusive, royalty-free, worldwide rights and licenses to use the User Content (for any activity relating to design, development, production, marketing, advertising, distribution, promotion and sales, for any purpose), sublicense, broadcast, promote, modify, add to or subtract from, and create derivative works of, the User Content in any media (including social media) now or in the future, for free and without any compensation to me of any kind.
 
I hereby affirm that all User Content submitted to The Organizing Company via the hashtag #VSHBristol is an original version and that I have the legal right to irrevocably grant the Organizing Company and its successors, licensees or sublicensees and transfer, on a permanent basis, the rights to the User Content herein.
 
“I assume Internet and social network risks”:
I acknowledge that the Organizing Company shall not be liable for any loss or damage of any kind incurred by me as a result of my use of the User Content. The Organizing Company shall have the right, but not the obligation, to monitor and edit or delete the User Content and/or any comments posted thereon.
 
I further acknowledge that the Organizing Company is not responsible for and does not endorse the posting or sending of any opinions, advice, suggestions or recommendations regarding the User Content, and that the Organizing Company is not responsible for such.
 
Similarly, by posting User Content on the Internet, including by using the hashtag #VSHBristol on a social network, I understand that the Organizing Company has no control over the User Content, which may be duplicated by third parties, including, but not limited to, on other websites.
 
Conditions of production of published content:
The Organizing Company calls for the utmost vigilance in the production of content published for participation in this Contest, particularly with regard to the endangerment of the persons involved in the production of such content, respect for the environment in which the content is produced and, more generally, respect for the applicable local laws and regulations, and the Organizing Company disclaims all responsibility in this regard, the providers of the content being solely responsible for the conditions of production chosen.
 
Use of the Contestant’s name and image: 
I hereby grant the Organizing Company the right to use my name, nickname, image, voice, likeness, caricature, statements, social media username, accompanying text, requests, feedback, suggestions, language, writings, statistics, signature, electronic signature, biography, photos, videos, film and any other reference to my person, my personality, the information I provide to the Organizing Company or my preferences (hereinafter referred to as the “Attributes”) in connection with the manufacture, sale, marketing, advertising and promotion of the Organizing Company’s products and/or brand, including, without limitation, on the Internet and in connection with social networks.
 
This license shall include, but not be limited to, the right to use the Attributes to carry out advertising and promotional activities for the Organizing Company products, as well as for marketing operations using or referring to the User Content, including, but not limited to, for and in any artwork, packaging, advertising or promotional materials and in connection with any and all advertising materials, press conferences, press releases, social networking pages, online marketing, broadcasts and other incentive policies, advertisements and public relations programs related to the Organizing Company or the User Content, without limitation as to geographic distribution, frequency or duration of use.
 
I hereby affirm that:
(a) I have the sole and exclusive rights to enter into and perform this Agreement and to grant the rights herein;
(b) the rights I have hereby granted will not conflict with or violate any current or future covenants, agreements or understandings with any person or entity, whose rights will not be affected;
(c) no third-party consent is required to authorize the Organizing Company to exercise the rights herein.
(d) I am of legal age under the laws of my state of residence.
I understand that activities of this nature conducted by the Organizing Company are expressly based on the above statements.
I waive any and all claims (including, without limitation, for invasion of privacy, trademark, copyright, libel, slander, defamation, right of publicity, or other personal or proprietary rights) arising out of the use of the User Content or Attributes permitted by this Agreement, and I hereby agree to release, indemnify, defend, protect and hold harmless the Organizing Company from any and all costs, claims, losses, expenses and/or liabilities of any kind (including, without limitation, attorneys’ fees) arising out of, relating to, or occasioned by the use of the User Content and/or Attributes hereby set forth or the inaccuracy or breach of any representation, warranty, promise, contract or undertaking hereby made by me.
 
The Organizing Company shall not be required to actually produce, disclose or use the User Content or Attributes, or to continue such production, disclosure or use if it has begun to do so. The Organizing Company does not guarantee the accuracy, integrity or quality of the User Content.
 
My sole and exclusive remedy for any violation, breach or cancellation of this Agreement or any of its provisions by the Organizing Company shall be to sue for damages, if any.
 
In addition, I irrevocably waive the right to seek and/or obtain termination, injunctive or other equitable relief, to terminate or rescind this Agreement and/or to prevent or restrict the distribution, exploitation, advertising, promotion or display of the User Content, the Attributes or any rights associated therewith.
 
It is understood and agreed that the Organizing Company shall in no event be liable for any indirect, incidental or consequential damages.
 
The Organizing Company may license or transfer this Agreement and/or all or part of the rights hereunder to any person or entity whatsoever, whereby the Organizing Company shall be released from its contractual obligations.
 
This Agreement shall be deemed to be binding upon the respective successors, licensees and permitted assigns of each party.
 
I may not transfer this Agreement in whole or in part without the prior written consent of the Organizing Company. Notwithstanding anything to the contrary herein, the grant of rights, representations, warranties and indemnities granted in this Agreement shall survive its expiration or termination.
 
I agree not to upload, post, email or otherwise make available any software, viruses, unsolicited or unauthorized advertisements, solicitations or promotional materials, including junk mail. I agree not to impersonate any person or entity (including the Organizing Company), intentionally or unintentionally violate any applicable local, state, national, or international law, or collect or store personally identifiable data of any third party.
 
Instagram™, Twitter™ and any other similar social network platforms are registered trademarks of their respective companies and are not affiliated with the Organizing Company. Any submissions made on these social networks or similar media are governed by the rules and regulations of such sites, as well as all other applicable laws and regulations. I understand that by choosing to submit my User Content via cell phone, standard data rates may apply.
 
The terms and conditions of this Agreement are subject to change at any time without notice. Any such changes will appear on the “Terms and Conditions for Sharing User-Generated Photo Content on Social Networks” page on the www.volcom.com website.
 
This Agreement may not be altered or terminated without written consent signed by both parties.
 
 
ARTICLE 9 – PERSONAL DATA
 
The Contestant’s personal data shall be processed by the Organizing Company, acting as recipient and controller, in accordance with the amended "Informatique et Libertés" French Law of January 6, 1978 and the European Regulation 2016/679 of April 27, 2016 on the protection of individuals regarding the processing of personal data.
 
In this frame, the Contestant has a right of access and rectification to the information that concerns him/her, as well as a right of opposition, the right to limit processing and to erasure within the framework permitted by the European Regulation.
 
The Contestant may access the information concerning him/her by sending an email to the address: ig@volcom.com
 
The Data Protection Officer (DPO) can be reached at the following address ig@volcom.com].
 
By completing the form and sending the documents required to ensure participation in the Contest, the Contestant consents to the processing and collection of his/her personal data.
 
The personal data collected is mandatory. If the Contestant does not provide the required data, he/she will not be able to participate in the Contest.
 
The Contestant’s personal data is intended exclusively for the Organizing Company for the sole purpose of taking into account his/her participation in the Contest, managing the winners, awarding the Prizes and to meet legal and regulatory obligations.
 
It may also be used for commercial prospecting purposes, subject to the Contestant’s consent.
 
The Contestant’s personal data shall be transferred to the Organizing Company’s marketing and communication services, as well as to service providers and subcontractors that the Organizing Company may call upon for the purposes of organizing and/or managing the Contest. These subcontractors are located in the European Union.
 
The Contestant’s personal data will be immediately deleted once the Contest has ended or will be kept for a maximum of 3 years if the Contestant has agreed to the use of his /her data for commercial prospecting purposes. This period may be longer in the event of a legal risk in order to ensure the Organizing Company’s interests.
 
If the Contestant has been selected as a winner, the Contestant’s name(s) may be posted on www.volcom.com, on any other website linked to the Organizing Company as well as on any social network of the Organizing Company (Facebook, Instagram...). The participation to the Contest implies such use.
 
Should the Contestant decide before the end of the Contest Period to no longer accept the use of his/her personal data, his/her participation to the Contest should be cancelled immediately.
 
Under this condition, the Contestant may withdraw his/her consent at any time.
 
Deleting of User Content:
To request deletion of User Content from the Organizing Company social network or website, the Contestant shall send an email to ig@volcom.com and complete the following instructions:
  1. Use "Delete User Content" in the subject line;
  2. Explain the reason the Contestant is reporting in the body of his/her email.
  3. Use his/her email address;
  4. Mention a clear representation of the User Content the Contestant wishes to delete so that the Organizing Company can locate it;
  5. Mention the social network or website where the User Content the Contestant wishes to delete appears (and a link if possible); and
  6. Mention the Contestant’s social network username, if any, so that the Organizing Company can more easily locate the User Content.
 
This email address will only be used to communicate with the Contestant regarding the User Content. Once the Organizing Company has reviewed the Contestant’s request, the User Content will be removed from the Organizing Company social network or website referred to in the Contestant’s email. Then, the Organizing Company shall determine if the User Content should be permanently deleted.
 
For any question or if the Contestant believes his/her content is being used by the Organizing Company without authorization:
The Organizing Company respects all intellectual property rights of others. If the Contestant believes in good faith that his/her intellectual property rights and/or publicity rights have been used on the Organizing Company website or social network without authorization and in violation of his/her rights, the Contestant shall notify the Organizing Company by e-mail at ig@volcom.com or by mail at Volcom SAS – Baia Park – 1, Allée Belharra - 64600 Anglet, France, with a request for acknowledgement of receipt.
 
If, after contacting the Organizing Company, the Contestant believes that his/her rights with regard to information technology and civil liberties have not been respected, he/ she may submit a complaint to the National Commission on Informatics and Liberty (CNIL)
 
The Contestant is also informed that by accessing the Contest website, cookies may be stored on his/her computer's hard drive. Cookies files record their navigation on the Contest website. Cookies are used to identify each Contestant in order to allow him/ her to access information more quickly, without having to re-enter it. They can in no way damage the data on the Contestant’s computer. The Contestant may oppose the recording of cookies or choose to be warned of the recording of cookies on his/her hard disk, by configuring his/her browser software (the Contestant is invited to refer to the conditions of use of his/her browser concerning this functionality). When this setting is made, the Contestant will still be able to access the Contest website and participate in the Contest.
 
 
ARTICLE 10 – LIABILITY ISSUES
 
By participating, Entrants acknowledge they are participating at their own risk and that Sponsor is not responsible for any physical harm or death that may befall any participant as a result of participation in this Contest. Sponsor is not responsible for any physical harm or death inflicted by Entrants to third-parties, and for damages inflicted by Entrants on third-party (public or private) property, while performing and filming their performance, Entrants being fully and solely responsible for their actions.
INDEMNIFICATION AND LIMITATION OF LIABILITY
 
By participating in the Contest, Entrant accepts all risk and consequences of entry and participation in the Contest, and agrees to forever and irrevocably release and hold harmless Sponsor(s), Promotion Entities, Instagram Facebook and YouTube  and each of their respective current and future parents, subsidiaries, affiliated companies and their respective current and future officers, directors, employees,  agents, shareholders, licensees, attorneys, successors, assigns, representatives, and partners (collectively “Released Parties”) from any and all claims, lawsuits, judgements, controversies, consequences, causes of action, injuries, liability, losses, proceedings, demands, fines, penalties, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses (including, without limitation, reasonable outside attorneys’ fees and court costs), of any kind (collectively, “Claims”), under any legal theory, arising from or related to the Contest or prize(s), including but not limited to (i) human transmission, or technical problems, failures, or malfunctions of any kind that may limit your entry and participation in the Contest; (ii) the acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use (or misuse), non-use, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of any prize (or any component thereof); (iii) any change in prize(s) (or any components thereof) due to unavailability or due to reasons beyond Released Parties’ control; (iv) any incorrect or inaccurate information, whether caused by entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Contest; (v) the violation of any third-party privacy, personal, publicity or proprietary rights, rights of publicity and invasion of privacy, (vi) any interruptions in or postponement, cancellation or modification of the Contest, prize(s) or these official rules; (vii) any unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; or (viii) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties. Released Parties assume no responsibility for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information.  Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Contest and/or the awarding of any prize(s).  Any approval from Sponsor or ABG-Volcom, LLC shall not waive, diminish or negate your indemnification obligations to Released Parties. Released Parties will not be liable to the winner(s) or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe
 
 
Despite the Organizing Company’s efforts to make its website and social networks a positive space, they are still public platforms. Therefore, other users may attempt to obtain personal information about the Contestant in order to harass or harm him/her.
 
Participation implies knowledge and acceptance of the characteristics and limits of the Internet, the lack of protection of certain data against possible misappropriation or piracy and the risk of contamination by possible viruses circulating on the network.
 
The Organizing Company declines all direct or indirect responsibility in the event of misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of the Contest servers, the telephone line or any other technical connection, or the sending of forms to an incorrect or incomplete address.
 
It is the responsibility of each Contestant to take all appropriate measures to protect his/her own data and/or software stored on his/her computer equipment against any attack.
 
The Organizing Company will make its best efforts to allow access to the Contest. The Organizing Company may, at any time, particularly for technical, updating or maintenance reasons, interrupt access to the site and the Contest. The Organizing Company shall in no case be held liable for these interruptions and their consequences. No compensation may be claimed in this respect.
 
In addition, the Organizing Company cannot be held responsible in the event of problems with the delivery or loss of postal or electronic mail (particularly with regard to the delivery of Prizes). Any Prize sent by the Organizing Company to a winner that is not claimed or returned for any other reason by the postal services will be lost for the winner and will remain the property of the Organizing Company.
 
More generally, the Organizing Company cannot be held responsible for the malfunctioning of the Internet network, nor for any delay, loss or damage resulting from the postal and management services.
 
 
ARTICLE 11 – JURISDICTION AND INTERPRETATION OF THE RULES
 
Any dispute over the interpretation of the Rules will be decided by the Organizing Company.
 
Participation in the Contest implies unreserved acceptance of (i) the Rules in all their stipulations, (ii) the ethical rules in force on the Internet (netiquette, charter of good conduct, etc.) as well as (iii) the laws and regulations in force on English territory and, in particular, the English regulations applicable to games and contests.
 
Except in the case of obvious errors, it is agreed that the information resulting from the Contest systems of the Organizing Company have evidentiary force in any dispute as to the elements of connection and computer processing of said information relating to the Contest.
 
Prior to any legal action related to or in connection with the Rules (in particular their application or interpretation), the Contestants undertake to make an amicable and informal appeal to the Organizing Company.
 
Any dispute that cannot be settled amicably will be submitted to the competent courts on which the headquarters of the Organizing Company depends, except for public order provisions to the contrary.