BIG WAVE AWARDS
ENTRY FORM & CONTENT LICENSE
INFORMATION TO COLLECT FROM ENTRANT:
Name of Content Owner: _____________________________________________ (“You”)
Email: _______________________ Social Media Handle(s): _____________________
Preferred credit if different from name above: __________________________________
FORM TO COLLECT INFORMATION ON EACH SUBMISSION:
[Describe what is in the Content specifically]
[Featured surfer(s) including full name, hometown, address, and email]
[What category of the BWA do you believe your Submission should be considered for?]
TERMS OF ENTRY
Effective as of _______________________, 20____ [Date of Signature] (“Effective Date”).
Congratulations on being selected to enter the Big Wave Awards. Please note, filling out this form and agreeing to the terms does not guarantee a nomination for any award or competition in the Big Wave Awards. Please refer to the Big Wave Awards Rules for more information on the process from here.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows (the “Agreement”):
1. ENTRY; CONTENT; GRANT OF RIGHTS. By [clicking “I agree” below], You hereby agree to enter into the Big Wave Awards competition as described herein (“Big Wave Awards”), and hereby grant to ASSOCIATION OF SURFING PROFESSIONALS LLC d/b/a WORLD SURF LEAGUE, a Delaware limited liability company with offices at 147 Bay Street, Santa Monica, CA 90405 (“WSL”), and WSL accepts from You, the irrevocable, non-exclusive, royalty-free, worldwide, perpetual right and license to use the audiovisual (whether still or moving image) or other content and all elements contained within the same that You created (separately and collectively, the “Content”) submitted with your agreement to these terms on this webpage (“Submission”), for use, in whole or in part, for any purpose, by WSL, the Big Wave Awards, the Big Wave Tour and any sponsor of the same (in the context of the respective sponsorship). WSL shall have the right, in any and all markets and media, whether now known or hereafter devised, and by any and all means and methods, in all languages throughout the world, in perpetuity, without restriction, to: (a) distribute, advertise, freely assign to any affiliate or third party, promote, edit, reformat, reproduce, perform, publicly display, exhibit, transmit and otherwise exploit the Content for any purpose; (b) freely sublicense any and all of the rights granted by You herein, in whole or in part, to any third party for editorial, news and/or promotional purposes, including without limitation, for video news releases (commonly referred to as “VNR”) and digital (including social media) use; and (c) use Your name, image, likeness, biographical information, social media handles and any other publicly available personal identifier when referring to the Submission or You. WSL shall in no way be obligated to exercise any of the rights granted to it herein.
2. CONSIDERATION. As full and fair consideration for the rights granted by You herein, the Content delivered as the Submission shall be deemed an “entry” into the Big Wave Awards competition conducted by WSL in accordance with the official rules of the Big Wave Awards that can be seen by [LINK TO BWA RULES: clicking here]. For the avoidance of doubt, You understand and agree that no additional compensation will be due to You for use of the Content as permitted herein.
3. REPRESENTATIONS & WARRANTIES. In order to induce WSL to obtain the right to use the Content, and in consideration thereof, You hereby represent and warrant to WSL that: (i) You are the sole creator and owner of 100% of the Content and the copyright(s) therein and have the right, power and authority to enter into this Agreement and grant the rights granted by You herein, including but not limited to any musical work that exists in the Content; (ii) WSL’s use of the Content will not infringe upon or violate the proprietary rights, including, but not limited to, patents, trade secrets, rights of privacy, copyrights and trademarks, of any third party; (iii) all rights granted herein are Your sole property and are free and clear of any and all liens, encumbrances or claims whatsoever; and (iv) You have secured all rights, interests, licenses and clearances necessary for the use of the Content as contemplated in this Agreement, including but not limited to, any and all participants’ authorizations for the use of his/her performance, image, name, likeness, voice, and biography in connection with the exhibition, other exploitation, advertising, publicity and/or promotional use of the Content as a Big Wave Awards entry and as otherwise contemplated in this Agreement.
4. INDEMNIFICATION. You hereby irrevocably and unconditionally agree to indemnify WSL and its affiliates, parents, subsidiaries, successors, licensees and assigns, and each of their respective employees, agents, directors and representatives (each an "Indemnitee") from and against any and all claims, losses, damages, expenses, costs and actions of any kind or nature, whenever made (whether prior to or after the Effective Date of this Agreement), including court costs and attorney's fees (collectively, a “Claim”), that any Indemnitee suffers or incurs as a result of a Claim asserted by any third party related to WSL’s (and/or its assignees or licensees) use of the Content, including but not limited to infringement of any statutory copyright or trademark right, common law right, or proprietary right; infringement or violation of any person’s or entity’s right of privacy or publicity or other property right; libel, slander, defamation or disparagement of any third party; or advertising and promotional materials and activities related thereto (notwithstanding WSL's approval of advertising and promotional materials and activities)
5. REMEDIES; CHOICE OF LAW. In the event of a breach or alleged breach hereof by WSL (or its assignees or licensees), Your sole remedy against WSL (and/or its assignees or licensees) shall be an action at law for damages, if any, and in no event shall You seek or have the right to enjoin, interfere with or otherwise inhibit WSL’s (or its assignees or licensees) use of the Content, the production or exploitation of the Content, or to rescind any rights granted to WSL hereunder. California law shall apply to any and all actions and disputes arising from or related to this Agreement without reference to its choice of law principles, and the courts in Los Angeles County shall have exclusive jurisdiction and venue.
6. NOTICES. All notices hereunder shall be in writing and shall be delivered by mail, courier or email to WSL or You at the applicable address set forth above. The date that is three (3) business days (or five (5) business days if international) after the date of mailing, or if by courier the date of delivery, of any such written notice shall be deemed the date of service thereof; or with respect to any email communication, when the sender receives a confirming email from the recipient stating the recipient has received such notice.
7. GENERAL. You hereby waive any and all rights to inspect or approve use of the Content. You further acknowledge that for the rights granted by You herein, You shall not be entitled to any further royalty, payment or remuneration of any kind whatsoever except for the consideration as specified in Paragraph 2 above. You agree to execute and deliver to WSL such other documents consistent herewith that WSL reasonably deems are necessary to carry out the intent of this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with regard to the subject matter hereof, whether written or oral, expressed or implied. Each of the parties hereby represents that it has read this Agreement or have had the same read to them by their counsel, and are fully aware of its contents and legal effect. This Agreement may be executed by facsimile and/or PDF (or other electronic means) and in several counterparts, each of which shall be deemed an original for any purpose, and all of which shall constitute one and the same document.