These Terms and Conditions (Terms) apply to the BL Blast Off Video Challenge (Video Challenge), a competition owned and being conducted by Barton Lynch (BL). In these Terms, references to we, us or our are references to BL and any successor or assignee.
We reserve the right to change or amend these Terms at our sole discretion, with any such change or amendment being promptly published in the same manner in which these Terms are published.
We also reserve the right to terminate the Video Challenge at any time, at our sole discretion, without any obligation to refund any entry fees paid or any other liability to any participant or other person.
- competition Description
The Video Challenge is a online competition that allows participants to upload eligible video clips of themselves surfing on a wave, which will be judged by our judges, with winners across a number of categories being awarded prizes.
- COMPETITION PERIOD
Participants in the Video Challenge can upload eligible video clips from 12.00pm PST Monday 16th October 2023 being 5.00am Australian Eastern Standard Time on 17th October 2023 until 6.00pm PST Friday 17th November 2023 being 11.00am Australian Eastern Standard Time on 18th November 2023 (Competition Period).
- SUBMISSION OF ENTRIES
Eligible video clips must be submitted by being uploaded on https://www.bartonlynch.com (Platform).
By uploading a video clip on the Platform and participating in the Video Challenge, participants agree to these Terms.
BL will bear no responsibility whatsoever for any failure, technical or otherwise, for the uploading of, or failed uploading of, a video clip on the Platform.
BL is not liable for any costs, fees or expenses incurred by the participant in creating or entering a video clip in the Video Challenge.
- ELIGIBLE PARTICIPANTS
To be eligible to participate in the Video Challenge, the surfer in the eligible video clip must be 14 years or under as at 17th November 2023. BL may request proof of age of the participant to confirm their eligibility, and any failure to provide such evidence or such evidence not, in BL’s opinion, being satisfactory confirmation of the participant’s age may result in the relevant video clip being removed from the Platform.
- ELIGIBLE VIDEO CLIPS
For a video clip that is uploaded to the Platform to be eligible for the Video Challenge, it must:
(a) have been filmed in 2023, and must be uploaded under the (i) “General 2023” tab.
(b) be no longer than 60 seconds;
(c) [be in MP4 format];
(d) and any music included in the video must have the rights fully cleared and obtained by the submitter and they assume all responsibility for music rights.
(e) not be manipulated or enhanced in a manner that distorts or misrepresents the surfer’s performance on the wave or the wave itself.
BL is not, in any way whatsoever, responsible for ensuring that any video clip meets the eligibility criteria outlined above.
The safety of participants in the Video Challenge is of the highest priority to BL. Any video clip that BL determines, in its sole discretion, reflects actions that are extraordinarily dangerous or that are inconsistent with the values of BL and the BL Blast Off event, will be removed from the Platform.
BL reserves the right, at any time, to verify the validity of each video clip submitted by a participant to confirm that it is eligible for the Video Challenge. BL also reserves the right to remove any video clip from the Platform if it does not meet the requirements set out above, is otherwise in breach of these Terms or for any other reason deemed appropriate by BL, in BL’s sole discretion.
- COST OF ENTRY
Each participant in the Video Challenge must pay an entry fee of AUD 5.00, USD 5.00 or euro 5.00 (as applicable), which will entitle the participant to upload a single video clip to the Platform.
In no circumstance whatsoever will BL or any other person be required to refund any entry fee.
A participant may enter the Video Challenge as many times as they like.
Each uploaded eligible video clip will be considered for a prize in the following categories (each a Category):
(a) Best Wave;
(b) Heaviest Wipe-out;
(c) Best Tube;
(d) Best Air;
(e) People’s Choice (as voted by other participants in the Video Challenge and the public);
(f) Expert’s Choice (as voted by a panel consisting of Barton Lynch and other pro surfers; and
(g) BL’s MVP
(h) Best GoPro POV
(i) Best GoPro Edit
Winners of each Category will be announced, by the event websites, social media, mainstream media, and the winners will be contacted directly via email. within  days after the end of the Competition Period.
Each uploaded eligible video clip will also be eligible for a weekly prize in the following categories:
(a) most entertaining clip; and
(b) most stoked surfers.
Winners of the weekly prizes will be announced, by the event websites, social media, mainstream media, and the winners will be contacted directly via email within  days after the end of each week during the Competition Period.
The decision of the relevant judge or judges for each prize will be final, and no correspondence, discussion, compensation or debate will be entered into with regards to the outcome of such decision.
Prizes cannot be exchanged for money or credit and are non-transferable.
- PARTICIPANT’S REPRESENTATIONS
Upon uploading a video clip to the Platform, the participant warrants and represents that:
(a) he/she is the sole owner of the video clip and copyright owner of the video clip (including vision and audio);
(b) he/she has all necessary consents and approvals from any person pictured within the video clip;
(c) he/she gives BL and its affiliates all necessary consents and approvals to use their name and the video clip for promotion, marketing or other purposes to promote their involvement with the Video Challenge and the BL Blast Off event; and
(d) the video clip does not contain any content that is defamatory, unlawful or an infringement of any rights (including copyright or trademark rights) of any third party.
The participant indemnifies BL and each of its directors, officers and affiliates (each an Indemnified Parties) from any loss, expense or damage suffered or incurred by an Indemnified Party as a result of a breach of any of the above mentioned warranties and representations given by the participant.
- PARTICIPANT’S ACKNOWLEDGEMENT
The Participant acknowledges and agrees that surfing is inherently dangerous and that participating in the activity of surfing, for the purpose of the Video Challenge or for any other purpose exposes the participant to certain risks, including but not limited to physical hazards, unpredictable and dangerous surf and weather conditions, equipment contact and use and actions by other surfers.
The participant acknowledges and agrees that accidents arising from or in connection with surfing can and often do happen which may result in the participant being injured or even killed, or the participant’s property being damaged, lost or destroyed. The participant acknowledges and agrees that he/she has voluntarily read and understood this warning and accepts and assumes the inherent risks in surfing, for the purposes of participating in the Video Challenge or otherwise.
The participant acknowledges and agrees that the information they provide to BL and/or the Platform is necessary for the conduct of the Video Challenge and for the objectives of BL. The participant acknowledges and agrees that the information provided by them to BL and/or the Platform will only be used by BL and/or the Platform to facilitate the conduct of the Video Challenge and future events conducted by BL and will only be provided to third parties to provide the participant with promotional material from sponsors of the Video Challenge or the BL Blast Off and third parties. The participant will be able to access his/her information through BL. If the information is not provided as requested, the participant’s entry into the Video Challenge may be rejected.
The participant acknowledges and agrees that if he/she does not wish to receive promotional material from sponsors of the Video Challenge, BL Blast Off and third parties, the participant must advise BL in writing.
By entering the Video Challenge, each participant grants to BL, a world-wide, royalty-free, non-exclusive, non-transferable, absolute and irrevocable license, right and permission to use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce the information including any video and, or frame grabs, entered as part of the Video Challenge, the participant’s name, address, e-mail address, statements, video, voice, photograph, or other likeness, in whole or in part, individually and/or in conjunction with other material, including without limitation, text, photographs, or videos, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to publicity, promotion, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage. Each participant consents to any infringement of their moral rights.
Each participant represents and warrants that they have the right to grant BL the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. Each participant hereby waives any right they may have to inspect and approve the finished product and the publicity copy that may be used, and hereby releases and discharges, indemnifies and hold harmless the Indemnified Parties from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys fees) and expenses arising from or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity or copyright infringement.
- GENERAL INDEMNITY
In consideration of BL accepting a participant’s entry into the Video Challenge, the participant, to the fullest extent permitted by law:
(a) indemnifies the Indemnified Parties against, and holds the Indemnified Parties harmless from, any claim, loss or damage suffered or incurred by an Indemnified Party arising from or in connection with the participant’s participation in the Video Challenge; and
(b) irrevocably and unconditionally releases and will release each of the Indemnified Parties from any and all claims that the participant may have or may have had but for this release arising from or in connection with the participant’s participation in the Video Challenge.
- EXCLUSION OF LIABILITY
Except for any liability that cannot be excluded by law, BL (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity) suffered or incurred by a participant in the Video Challenge or any other person, whether such loss or damage is direct, indirect, special or consequential, arising from or in connection with the Video Challenge including, but not limited to, where arising from or in connection with:
(a) any technical difficulties or equipment malfunction;
(b) any theft, unauthorised access or third party interference;
(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the BL) due to any reason beyond the reasonable control of BL; or
(d) the use of any prize.
- FORCE MAJEURE
We will not be liable in any way for failure to perform any of our obligations under these Terms if the failure is due to causes outside the reasonable control of BL.
- GOVERNING LAW
These Terms are governed by and to be interpreted in accordance with the laws of New South Wales. Each participant in the Video Challenge submits to the exclusive jurisdiction of the courts of New South Wales, and any court that may hear appeals from any of those courts for any proceedings concerning these terms.