Best Kiteboarding The Best Girl Calendar Model Search Contest Official Rules
NO PURCHASE NECESSARY. INTERNET ACCESS, VALID E-MAIL ADDRESS & DIGITAL CAMERA (OR SIMILAR DEVICE) REQUIRED.
CONTEST IS VOID IN THE CANADIAN PROVINCE OF QUÉBEC; AND IN ANY AND ALL JURISDICTIONS WHERE CONTEST IS PROHIBITED/RESTRICTED BY LAW.
CONTEST IS VOID IN CUBA, IRAN, MYANMAR, NORTH KOREA, SUDAN AND ALL OTHER COUNTRIES THAT ARE SUBJECT TO A U.S. EMBARGO OR SIMILAR ECONOMIC SANCTIONS.
IMPORTANT WARNING: SPONSOR IS OFFERING THIS CONTEST FROM THE STATE OF FLORIDA, U.S.A. AND MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTEST IS IN COMPLIANCE WITH LOCAL LAW. IT IS THE SOLE RESPONSIBILITY OF THE PROSPECTIVE ENTRANT (AND THIRD PARTY ENTERING ON HER BEHALF, IF APPLICABLE) TO REVIEW THEIR LOCAL LAWS TO DETERMINE WHETHER THE CONTEST IS LAWFUL IN THE COUNTRY OF RESIDENCE OF ENTRANT (AND IN THE COUNTRY OF RESIDENCE OF THE THIRD PARTY ENTERING ON HER BEHALF, IF APPLICABLE). IF YOU HAVE ANY DOUBTS AS TO THE LEGALITY OF THE CONTEST UNDER LOCAL LAW, DO NOT PARTICIPATE IN THE CONTEST.
CERTAIN PROVISIONS OF THESE OFFICIAL RULES (E.G., RULE 8 & RULE 9) MAY NOT BE VALID, LAWFUL OR ENFORCEABLE IN A GIVEN COUNTRY. IN PARTICIPATING IN THE CONTEST, YOU AGREE TO SUCH PROVISIONS TO THE FULLEST EXTENT ALLOWED BY LOCAL LAW.
1. ELIGIBILITY. Open only to women (who are not residents of jurisdictions where Contest is void) who are at least (18) years old or the age of majority in their jurisdiction of residence, whichever is older. Employees, officers and directors of Sponsor, its affiliates, subsidiaries, and agencies are NOT eligible. By participating in Contest (either as Entrant herself or as a third party entering a woman on her behalf), you agree to these Official Rules and the decisions of Sponsor and the judging panel, which are final and binding.
2. CONTEST SCHEDULE. Contest begins June 15, 2010 at 1:00 p.m. Greenwich Mean Time (“GMT”) and ends August 16, 2010 at 3:59 a.m. GMT. Sponsor’s computer is the official clock for the Contest.
3. ENTRY. Submit original photos of yourself ( headshot and at least  but no more than  full bodyshot[s] in a swimsuit) and a brief, original statement (in English, no more than (50) words) telling us why you should be included in the 2011 Best Girls Calendar and discussing your interest in the sport of kiteboarding. Only you alone may appear in the photos and photos must have been taken within the last (12) months. Do NOT include any company’s brands/logos in photos; you may, however, include the Best Kiteboarding brand/logo in the photos, but this is not required. Be sure to obtain permission from photographer (if not yourself). Log onto www.bestkiteboarding.com/2011calendarsearch and complete/submit entry as directed. If submitting more than  bodyshot, Sponsor will decide in its sole discretion which bodyshot[s] will count for the Contest. A husband, boyfriend or other third party who is at least 18 years old or the age of majority in their jurisdiction of residence, whichever is older (“Third Party”), may submit an entry on a woman’s behalf by following the above instructions and clicking the box affirming that such Third Party has obtained the written consent of the woman in question and that she has read, understands and agrees to and is in full compliance with these Official Rules. (Should a Third Party submit an entry on a woman’s behalf, the requirements in the Official Rules applicable to Entrant fully apply to such woman as if she had entered the Contest herself without the involvement of the Third Party.) If a woman entered by a Third Party is selected as a potential Winner of the Contest, Sponsor will require proof of such written consent as a pre-condition to award of prizes to Winner and Third Party.
4. ENTRY LIMITATIONS. Proof of transmitting Submission (i.e., photos and statement) does not equate to proof of entry/proof of receipt. Limit of one (1) Submission per Entrant (either by Entrant herself and/or by a Third Party on her behalf). Submission must not violate the rights of any person or entity (including the rights of woman if entered by Third Party); and, Third Party agrees to release, discharge, indemnify and hold harmless Sponsor from any and all liability in conjunction therewith, including violation of such woman’s rights of publicity or privacy. Submissions must not be indecent, inappropriate or objectionable. Entrant and Third Party, as applicable, at all times retain ownership rights in the Submission and grant Sponsor only the limited right to post the Submissions on the Contest Website. Sponsor will not make any other use of Submissions. Posted Submissions solely represent the views/opinions of the Entrant (or Third Party entering on woman’s behalf, as applicable), not Sponsor. Sponsor is acting as a passive conduit in posting/publishing Submissions and expressly disclaims all liability in conjunction with screening, monitoring or reviewing Submissions.
5. SELECTION OF WINNERS. All eligible Submissions will be posted on-line for public viewing and will be evaluated by a qualified panel of judges from the fashion and sports industries based on the following criteria: 1) athleticism of Entrant and her commitment to healthy outdoor lifestyle (50%); and 2) beauty of Entrant and her ability to capture the spirit of the Best Kiteboarding brand (50%). Potential Winners and Third Parties (as applicable) will be notified by e-mail and/or phone on or about September 1, 2010.
6. GRAND PRIZE (3). Trip for Winner to Cumbuco, Brazil, where she will take part in a photo shoot with fashion photographer Michael Williams; and, kiteboarding lessons at a school of Sponsor’s sole choosing near Winner’s residence. Winner may also be featured in the 2011 Best Girls Calendar in Sponsor’s sole discretion. Trip includes roundtrip coach air travel from international airport near Winner’s residence (selected by Sponsor) and 6 days/5 nights hotel accommodations (standard room, selected by Sponsor). Approximate Retail Value: $5,000 each. If Winner was entered by a Third Party, Third Party will also receive a trip to Cumbuco, Brazil, consisting of roundtrip coach air travel from international airport near his/her residence (selected by Sponsor) and 6 days/5 nights hotel accommodations (standard room, selected by Sponsor). BUT, IF WINNER ENTERED HERSELF, THIRD PARTY PRIZE TRIP WILL NOT BE AWARDED IN CONJUNCTION WITH AWARD OF PRIZE TO SUCH WINNER. Prize trip to occur at time of Sponsor’s sole choosing between September 15, 2010 & November 1, 2010. If a potential Winner or Third Party (as applicable) is unavailable for any reason, prize will be forfeited. If Winner forfeits prize, an alternate Winner will be selected, time permitting; if Third Party forfeits prize, such prize will NOT be awarded. As between Winner and Sponsor, Sponsor shall own all rights to the photos (including negatives) created during and in conjunction with the photo shoot; and, Winner agrees to sign, upon Sponsor’s request, documentation to such effect without additional compensation. Inclusion of Winner in Calendar is NOT guaranteed and Sponsor is under no obligation and will have no liability if Winner is omitted from Calendar for any reason. Should Sponsor elect to include Winner in Calendar, Sponsor will choose in its sole discretion the photo(s) of Winner to be included in Calendar, placement of photo(s) in Calendar, the inclusion of additional commentary, and attribution of photo(s) to Winner, without the approval of or notice to Winner. Winner may also be required to participate in interviews and other public relations/publicity/promotional activities that Sponsor may request from time to time, at mutually agreeable dates and times. Winners agree to follow all directions of Mr. Williams during photo shoot. Participation of Mr. Williams is subject to his availability and professional commitments; Sponsor shall have no liability if he is unable to participate. Winners and Third Parties (as applicable) will be solely responsible for all unspecified expenses (including meals and other incidentals in Brazil). Prize is subject to availability and additional restrictions. Required travel documents, required/desired immunizations or insurance is Winner’s/Third Party’s sole responsibility. SPONSOR MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRIZE, WITH WINNERS AND THIRD PARTIES (AS APPLICABLE) ASSUMING ALL RISKS ASSOCIATED WITH PARTICIPATION IN PRIZE ACTIVITIES. FOR WINNERS, THIS INCLUDES THEIR PARTICIPATION IN KITEBOARDING LESSONS. No prize transfer. No prize substitution except that Sponsor in its sole discretion may substitute another prize of equal value, of its sole choosing.
7. RELEASES: Each potential Winner or Third Party must sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) to be returned within (5) days of notification. In the event of noncompliance or if a potential Winner/Third Party cannot be contacted for any reason, such potential Winner or Third Party will be disqualified and the prize forfeited. All applicable taxes on prize are Winner’s/Third Party’s sole responsibility. Where legal, acceptance of prize constitutes permission of Winner or Third Party to use his/her name, likeness, voice, photo for promotional, trade and publicity purposes at no additional compensation.
8. ADDITIONAL CONTEST CONDITIONS. Each Entrant and each Third Party releases, discharges, indemnifies and holds harmless Sponsor, its parent company, affiliates, subsidiaries, retailers, distributors and agencies, as well as their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability of any kind resulting from any prize, participation in the Contest or any Contest-related activity. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not affect the validity or enforceability of any other provision and the invalid/illegal/unenforceable provision will be re-drafted in such manner so as to realize the original intention of Sponsor. Sponsor is not responsible for late, lost, garbled, illegible, delayed, misdirected, damaged, stolen, returned or incomplete Submissions, delayed computer transmissions, corrupted network connections or for computer system, phone line, hardware, software or program malfunctions or other errors or failures that are human or technological in nature. If an individual attempts to defraud Sponsor in any way, Sponsor may disqualify Entrant and/or Third Party (as applicable) and seek other available legal remedies. If, for any reason, the Contest is not capable of running as planned for any reason (e.g., computer virus, tampering, natural cataclysm or government regulation), Sponsor may terminate, modify or suspend the Contest and select the Winners in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action will be posted on Website.
9. DISPUTE RESOLUTION/CHOICE OF LAW. This Contest shall be governed by the laws of the U.S. State of Florida without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the U.S. State of Florida or of any other jurisdiction. Any action regarding this Contest must be brought in either the courts of the U.S. State of Florida, Palm Beach County OR the U.S. District Court for the Southern District of Florida; and, Entrants and Third Parties consent to the personal jurisdiction of such courts. Any such action must be brought individually (NOT as part of a class action) and damages/recovery in such action is limited to actual out-of-pockets incurred but EXCLUDES attorneys fees, and all other damages.
10. WINNER INFORMATION. For first name, last initial and state/province and country of Winners and Third Parties (as applicable), visit Website after October 1, 2010.
SPONSOR: RIDE BEST LLC, Delray Beach, FL 33444