The Dakine Ohana Instagram Contest

Official Rules

The Dakine Ohana Instagram Contest (the "Contest") is subject to these Official Rules (“Official Rules”). No purchase necessary to enter or win. A purchase or payment will not increase your chances of winning. The Contest is sponsored by Marquee Brands, LLC, 50 West 57th Street New York, New York (“Sponsor”) which is solely responsible for the administration of this Contest.

1. Eligibility:  The Contest is open to legal residents of the fifty (50) United States or the District of Columbia & Puerto Rico (Excluding American Samoa, Guam, Northern Marina Island, US Virgin Islands and all Overseas Military Installations) who are at least 13 years of age or older as of the start of the Contest Period (as defined below) (“Contestants,” “you” or “your”). Parents or guardians may enter on behalf of a child under the age of 13 and such parent/guardian is the Contestant. Employees of Sponsor, Marquee Brands LLC, and each of their affiliates, Contest supervisors and members of their immediate families, are not eligible to participate or win. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. See Sponsor's Privacy Policy located at https://www.dakine.com/pages/privacy-policy, for more information about Cookies and privacy, and please review these rules for additional privacy issues.

2. Contest Period:  Contest begins at 12:00 a.m. Pacific Daylight Time (“PDT”) on July 7, 2020 and ends at 11:59 p.m. PDT July 31, 2020 (the “Contest Period”).  Any entries received after the Contest Period will not be considered.

3. How to Enter: Submission and Entry Details. 

-Entry Instructions. One entry per person.  During the Contest Period you must complete all of the following:

 -Create a video (up to 30 seconds) that answers the question: “how have you and your classmates (or your nominee classroom and its classmates) inspired each other and overcome remote learning challenges, during the Safer at Home period?” A Contestant may submit an entry for their classroom, or a Contestant may submit an entry nominating a classroom. Each video is a “Submission.”  One Submission only per Contestant.

 -Post your Submission to your Instagram account with a caption of 100 words or less and the hashtag #DakineOhanaContest and tag @Dakine.  Submissions must comply with the Submission Guidelines set forth below.           

 -Complete and submit a Nomination Form at Dakine.com/pages/ohana-means-family. The Nomination Form must include a link to your Instagram post Submission and must note which category you are entering: Grade School (K-8^th), High School (9^th-12^th) or College/Trade School (each a “Category,” together the “Categories”). A Submission plus a Nomination Form is an “Entry” or “Entries”.

Instagram Account. You must have an Instagram account and be logged into your account to enter.  Make sure that the “Private Account” setting is turned off, or Sponsor won’t be able to see your entry and you won’t be able to participate in the Contest.  By making this change to your account setting, you understand that all of your future posts on Instagram will be visible to the public. You agree to comply with all Instagram terms and conditions.

 Submission Guidelines.  Your Submission may be as creative as you like, so long as it fits within the guidelines below.

 Submissions must be original works of authorship, created by the person who enters the Submission. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the Submission include third-party copyrighted material or artwork, without the copyright holder’s permission. By entering, Contestants warrant that the Submission does not infringe any third party’s rights, and that Contestants have obtained any necessary permissions from all relevant third parties (including those appearing in the Submission) to submit the Submission. Any images used in the Submission must be an original work of authorship under U.S. Copyright Law. All videos of any minor or third-party must have the permission of each minor’s parent or legal guardian, or of the third-party, authorizing the Submission and Sponsor’s right to use the Submission as set forth herein. Sponsor may contact you via phone or email requesting a minor or third-party release and if you are unable to produce such release you may forfeit any prize.

• Contestants may not be, nor may they use in the Submission parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to show the Submission in any media form; 2) have an acting or modeling contract that would make Contestants’/their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Contest, or from allowing Sponsor to use the Submission online, or in other venues or  properties including in television and any and all media.
• Submissions must not violate the rights of any third parties, including intellectual property rights, rights of privacy, or any other rights held by third parties.
• Contestants hereby agree to indemnify Sponsor against any and all claims from any third party for any use by Sponsor of the Submission.
• Although Sponsor is not reviewing Submissions for copyright or trademark violations, if, in the sole discretion of Sponsor, it is believed the Submission constitutes or may constitute copyright or trademark infringement, the Submission will be disqualified.
• Sponsor reserves the right to exclude any Submission that it believes, in its sole discretion, doesn't meet this criteria, and to delete any such Submission from any and all location(s) under Sponsor’s control.
• No Submission shall portray Sponsor or any third party in a negative light.
• Please, do not use the Submission to launch personal attacks on anyone or any discernable product, including competitor products.
• Submission may not depict nudity, animal cruelty, or illegal activity or substance, or offensive or obscene subject matter as determined in Sponsor’s sole discretion.

All Entries must be received no later than the end of the Contest Period. Any Entries received after the end of the Contest Period will not be considered. Incomplete, garbled, corrupted or illegible Entries are void and will not be accepted. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, or incomplete Entries. All Entries become the property of the Sponsor. Persons discovered entering under multiple identities will be disqualified. Sponsor reserves the right to disqualify false entries or entries suspected of being false. In the event of a dispute as to the identity of a Selected Contestant, the Selected Contestant will be deemed to be the person in whose name the Instagram account was opened.

4. Judging Criteria: All Submissions must meet the Submission Guidelines. A panel of Sponsor _________ staff members will review the Submissions and select one potential winner from each Category judged on a 100 point scale, using the following criteria:

• Creativity – 30 points

• Most Positive Impact – 50 points

• Technical Merit – 20 points

The Contestant in each Category with the highest score is the potential winner (“Selected Contestant”).  In the event of a tie, the Contestant between the tying Submissions with the most points awarded in the “Creativity of Inspired Action” criteria shall be the Selected Contestant.

5. Prizes:  The Grand Prize:  
 
Dakine will give 100 classrooms, 3000 backpacks.
 
(1) 25 winning elementary classrooms selected Contestants (“Selected Contestants”) will win a Dakine School Backpack (“Backpack”),and designate up to 30 additional backpacks to be gifted by Sponsor to the nominee, which was the subject of the Submission (“Nominee”).
(2) 25 winning middle school classrooms contestants will win a backpack, and designate up to 30 backpacks to be gifted by Sponsor to the Nominee.
(3) 25 winning high school classrooms Contestants will win a Backpack, and designate up to 30 additional Backpacks to be gifted by Sponsor to the Nominee.
(4) 25 winning college/trade school classrooms Contestants will win a Backpack, and designate up to 30 additional Backpacks to be gift by Sponsor to Nominee. 
 
Average retail value of Contestant Prize: $65-$85 
Total retail value of Contestant Prize: $195-$255
 
Each Contestant shall receive a coupon for one-time 15% off one purchase on the Dakine website located at www.dakine.com. The coupon shall be emailed to each Contestant in the form of a coupon code. Restrictions apply and will be included in coupon delivery. Coupon will be active for until September 29^th, 2020; 60 days after winner selection is announced.
 
No substitution, transfer, or cash redemption of prize permitted, and Sponsor may award the prize as a gift card, at its discretion. Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason, and no winner is entitled to any difference between the actual value and the retail value of any prize. Selected Contestant cannot assign or transfer his/her/their prize to another person or business.  Selected Contestant is solely responsible for any and all federal, state, and local taxes on prize, if any. Selected Contestant is not responsible for taxes, if any, on If prize notification or any prize is returned as undeliverable, or if Selected Contestant may not accept or receive a prize for any reason, prize will be forfeited. Sponsor will not make multiple attempts to contact Selected Contestant. 
 

6. Winner Selection and Notification of Selected Contestant: On or about August 10, 2020 one (1) Selected Contestant from each Category will be chosen, using the criteria listed above in Section 4 of these Official Rules.
The Selected Contestant will be contacted by email using the information provided on the entry form, and will have seventy-two (72) hours to respond and claim the prize.  If no response is made, in 72 hours a new Selected Contestant will be selected based upon the next highest score, up to one (1) time.    Selected Contestant must provide Sponsor with a valid email address and the nominated classroom school(s) mailing address. Pursuant to satisfaction of all requirements, the Selected Contestant will also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Selected Contestant will be required to complete and return the Release within five (5) days from the date of notification. As noted, an alternate Selected Contestant may be chosen selected from among the remaining Submissions if the Selected Contestant fails to obtain all necessary documentation pursuant to these Official Rules or cannot accept or receive the prize for any reason.  In the event Selected Contestant is a minor, Sponsor requires the release be completed by a parent or guardian.  The gift from Sponsor will be shipped to the school set forth in the Nomination Form, pursuant to confirmation from the Nominee that it will accept it.  In the event the Selected Contestant’s Nominee is unable or unwilling to accept the gift, Sponsor reserves the right to send the gift to a school of its choosing. Submissions that have a total adjudicated score of fewer than 70 points are not eligible to win a prize.  Accordingly, all prizes may not be awarded.

7. Mandatory Instagram Disclosure:  The Contest is in no way sponsored or endorsed by, or associated with, Instagram. You are providing your information to Dakine and Marquee Brands LLC, and not to Instagram. The information you provide will only be used for administering this sweepstakes and for marketing purposes in accordance with Sponsor's privacy policy, located at https://www.dakine.com/pages/privacy-policy.

8. Publicity:  By submitting an Entry, any Contestant in the Contest, irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Contestant’s, name and hometown (e.g. city and state), and the Submission (i.e. the video) in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sponsor’s website or the Contest or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.  

9. General Conditions: By participating, and except where prohibited, Contestants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules. Any portion of the Contest may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest (including submitting fake entries), or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries, which is one (1). Caution: any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, except where prohibited.

10. Indemnification: Limitations of Liability: Except where prohibited, Selected Contestants also agree to release, discharge, indemnify and hold harmless Sponsor, Marquee Brands LLC, and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person  (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity related to the Contest, (iii) any third party notoriety related to the Contest, including any elements that may hold Selected Contestant in a poor light (as sloppy or dirty or other potentially negative characteristics), or (iv) participation in any Contest-related activity or participation in this Contest. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to  pandemic, including COVID-19, fire, flood, earthquake, explosion, labor dispute or strike, act of G-d or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination, using the Judging Criteria listed above.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 11. Disputes:  Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of California. Decisions of Sponsor, who is also the Administrator are binding and final. In the event of a dispute as to any entry, the authorized account holder of the Instagram address will be deemed to be the Contestant. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.

12. Contest Results: For Contest results and/or a copy of these Official Rules, check the link located here after 30 days.

 
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