Volcom Design a Tee Shirt
Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
ENTRY REQUIRES NON-PRIVATE INSTAGRAM ACCOUNT AND INTERNET CONNECTION.
1. Sponsor: The sponsor of this Volcom Design a Tee Shirt Contest (the “Contest”) is Volcom, LLC, whose decisions are final and binding as to all aspects of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. or Facebook, Inc.
2. Binding Agreement: These Official Rules (“Rules”) constitute a legally binding agreement by and between Sponsor and entrant, or entrant’s parent or legal guardian if entrant is between the ages of thirteen (13) and eighteen (18), and govern entry in the Contest (defined below). By participating, entrants fully and unconditionally agree to abide by these Rules, and the rules, policies, procedures and terms located on Instagram. Failure to comply with these Rules and the Instagram rules, policies, procedures and terms will void a participant’s entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Contest or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
3. Eligibility: The Contest is open to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia, and are at least thirteen (13) years of age at the time of entry, and have an Instagram account. A participant’s entry into the Contest will be deemed to be a representation that the entrant is 18 years of age or older, or between the ages of 13 and 18 and entering this Contest with the permission of a parent or legal guardian who agrees to be bound by these Rules. If you are a parent or legal guardian agreeing to these Rules for the benefit of a minor between the ages of 13 and 18, you are fully responsible for his or her entry in the Contest including, without limitation, any legal liability that he or she may incur. The Contest is void in Puerto Rico, all other United States territories, outside the 50 United States, and where prohibited or restricted by law. Sponsor and ABG- Volcom, LLC and their respective current and future parents, subsidiaries, affiliate companies, partners, and their respective current and future officers, shareholders, employees, directors, licensees, agents, attorneys, successors, assigns, advertising and promotional agencies, and all others associated with the development and execution of this Contest (collectively “Promotion Entities”), and their immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to enter or win. The Contest is subject to all federal, state, and local laws and regulations.
4. Entry Period: The Contest begins at 12:00 a.m. Pacific Standard Time (“PST”) on June 1, 2019 and ends at 11:59 p.m. PST on July 10, 2019 (the “Entry Period”). Sponsor’s computer will be the official time-keeping device. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
5. How to Enter:
During the Entry Period, an eligible entrant must complete ALL of the following steps to be entered into the Contest:
(i) follow Sponsor on Instagram @Volcom_East and @Volcom;
(ii) upload one (1) original photograph of your original artwork to your public Instagram account that incorporates your local artwork;
(iii) choose one (1) of the following retail locations (“Retail Location”) where, if your artwork submission is chosen, a limited tee shirt, that incorporates said artwork, may be created, and distributed at this chosen Retail Location, by stating the name of the Retail Location in the caption of your Instagram upload:
FARIAS SURF N SPORT
BRAVE NEW WORLD
(iv) Tag @Volcom_East and @Volcom and use the hashtags #DesignYourShopTee and #Contest and in the caption of your entry image.
Limit one (1) entry per participant.
All artwork submitted in connection with this Contest must be a participant’s sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law, other than Sponsor product images, otherwise such work may be disqualified if a proper release to verify rights in the Submission (at Sponsor’s sole discretion) is not obtained. Without limitation, the artwork must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. In addition, all artwork must meet all of the Submission Requirements (#6) below and are subject to the usage rights as outlined in Winner Requirements and Usage of Rights in Submissions (#9) below.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using mobile services from your device in connection with entering and participating in the Contest or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Contest. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
6. Submission Requirements: Each photograph of artwork (“Submission”) that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be eligible. Failure to complete any step outlined in, or to follow any of, the Rules will result in disqualification of the attempted entry:
all captions must include the hashtags #DesignYourShopTee and #Contest;
the entrant must be an Instagram account holder and follower of Sponsor on Instagram;
the Submission must be your original sole original artwork;
the Submission must be original material created, taken or recorded by the submitting entrant, if the Submission was not created, taken or recorded by
the submitting entrant further information and releases to verify rights in the Submission may be required and eligibility will be subject to Sponsor’s sole decision;
the Submission must not contain trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity or person other than entrant;
the Submission must not contain copyrighted materials (including photographs, videos, music and other works of art or images) owned by any entity or person other than entrant;
the Submission must not, in the sole and unfettered discretion of Sponsor, be profane, obscene, pornographic, sexually explicit or suggestive, or contain nudity or otherwise objectionable or inappropriate content;
the Submission must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
the Submission must not promote any activities that may appear unsafe or dangerous;
the Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age;
the Submission must not contain advertisements, personal solicitations or commercial solicitations or promote any political agenda or party;
the Submission must not contain materials embodying the names, likenesses or other indicia identifying any person other than entrant and Sponsor including, without limitation, celebrities and/or other public or private figures, living or dead;
the Submission must not defame, misrepresent or contain disparaging remarks about people or companies;
the Submission must not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
the Submission must not include any private information of a third party such as name, address, phone number, or email address;
the Submission must not violate or encourage the violation of any law, rule or regulation;
Submissions will be disqualified from the Contest if, in Sponsor’s sole discretion, it is or becomes apparent to Sponsor that a person is featured in the Submission and the entrant is not actually the person featured in the Submission and a proper release to verify rights in the Submission cannot be obtained (also in Sponsor’s sole discretion); and
you must specify in the caption one and only one of the Retail Locations noted in Section 5(iv) above.
Any Submission that contains prohibited content will be considered void and invalid.
Without limiting the generality of these Rules, by entering the Contest, entrants acknowledge and agree that they will retain ownership of any Submission submitted, subject to the license below. The entrant shall irrevocably grant, transfer, convey and assign to Promotion Entities the entirety of the rights in and to the Submission (including the unrestricted right to reproduce, distribute, display, edit, adapt, publish, perform, broadcast, modify, and otherwise use each Submission and entrant information in connection with the Contest and promotion of the Contest) and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media, including social media, whether now known or hereafter developed, on a worldwide basis, in perpetuity, without compensation, permission or notification. Display or publication of any Submission by the Promotion Entities does not indicate the entrant will be selected as a winner.
7. Winner Selection/Judging: At the end of the Entry Period, the Sponsor brand team and a jury of influencers (“Judge”) will judge all eligible Submissions on the following criteria: Execution of Theme (i.e., creating local artwork that can be used on a tee shirt by your appropriately designated local Retail Location (40%), Creativity & Originality (40%), and Quality (20%)). The Judge will select approximately one (1)
Submission from Submissions that captioned only FARIAS SURF N SPORT, approximately one (1) Submission from Submissions that captioned only HERITAGE SURF, and approximately one (1) Submission from Submissions that captioned only BRAVE NEW WORLD, for a total of approximately three (3) Submissions to be the potential Prize winners (the “Winning Submissions”) on or about July 15, 2019 and such determination shall be final and binding. In the event of a tie, the tied entries will be re- submitted to the Judge for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the Submissions with the highest score in the Creativity & Originality criteria will be declared the Winning Submissions.
The entrants responsible for submitting the Winning Submissions will be sent a Direct Message on Instagram from Sponsor to their Instagram account used to enter the Contest with further instructions on how to claim the Prize. The potential winners will be required to follow instructions in the Direct Message and must respond within forty-eight (48) hours of Direct Message notification or the Prize will be forfeited.
In the event of a dispute over the identity of the winner, the Winning Submission will be deemed submitted by the authorized account holder of the primary e-mail address associated with the Instagram account used to submit the entry. The authorized account holder is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different e-mail addresses. The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the Winning Submission and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her e-mail or other contact information has changed.
8. Prizes (3): Approximately one (1) Winning Submission will be chosen for each Retail Location, for a total of approximately three (3) Winning Submissions and the entrant featured in and responsible for submitting each Winning Submission will receive the following “Prize”:
One (1) five-hundred dollar ($500), one time use only promotional order (“Promotional Order”) from Sponsor for Sponsor branded merchandise
Please note, the Promotional Order cannot be spent on any websites
The Promotional Order must all be spent all on the same day, anything not spent will be forfeited
At Sponsor’s sole discretion, the Winning Submission(s) will be featured in a limited tee shirt to be distributed by the Retail Location designated by the entrant per Section 5(iv)
If the winner is under 18 years old, winner must be accompanied by a parent or legal guardian at all times. Approximate retail value (“ARV”) in U.S. dollars of the Prize is one- thousand five hundred dollars ($1,500.00). Actual value of the Prize depends upon, among other things, the current market conditions at the time of Prize fulfillment and any difference between the stated ARV and the actual value, if any, will not be awarded. Winner will not receive cash or any other form of compensation if actual costs for winner to utilize any portions of the Prize are more or less than the ARV of the Prize as stated in these Rules. NOTE: All costs/expenses related to participation in the Contest or acceptance or use of the Prize not specified herein, including, but not limited to, transportation to and from the airport, gratuities, insurance, meals, telephone and data charges, baggage charges, and all incidentals and personal expenses are the sole responsibility of winner and, if applicable, winner’s parent or legal guardian. All federal, state, local and any other taxes are the responsibility of winner.
The Prize will be awarded only if the potential winner fully complies with these Rules. No transfer, assignment, exchange, refund, cash equivalent or substitution of the Prize (or portion of any prize) permitted unless Sponsor, in its sole discretion, determines otherwise.
All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute the Prize, in whole or in part, for a prize of comparable or greater value if the Prize or any portion of the Prize becomes unavailable, impractical or cannot be awarded as described for any reason.
If the Prize is won by an eligible entrant who is a minor in his/her state of residence, the Prize will be awarded to the minor’s parent or legal guardian who must sign and return all required documents. Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.
Odds of winning depend on the number of eligible entries received and the skill of the entrant. At Sponsor’s discretion, any unclaimed Prize may not be awarded.
9. Winner Requirements and Usage of Rights in Submissions: Potential winners must comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. Winners will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release and an IRS Form W-9 (Request for Taxpayer Identification Number and Certification) (collectively, the “Prize Claim Documents”) within three (3) business days of issuance. If winner is less than 18 years of age, winner’s parent or legal guardian must complete the Prize Claim Documents. If a selected winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Prize Claim Documents within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner from among all remaining eligible entries. Only three (3) alternate winners will be selected, after which the Prize will remain un-awarded. Arrangements for delivery of the Prize will be made after winner validation.
The Winning Submissions may be featured on Sponsor’s and/or ABG’s website and various social media platforms as well as on limited tee shirts to be distributed as Sponsor chooses. Acceptance of the Prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, biographical information, Instagram handle, city, state, photos and/or likeness, voice recording, video images and all related footage, Submission and accompanying caption, and/or Prize information in connection with the Contest and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to, on television, radio, the Word Wide Web and Internet, without limitation and without further payment or consideration, except where prohibited by law.
Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor and ABG shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
10. Representations and Warranties/Indemnification: Each entrant covenants, represents and warrants to Sponsor as follows: (i) the Submission is an original work created solely by the entrant, does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property or any other third-party right or violate any applicable law or regulation, and no other party has any right, title, claim, or interest in the Submission; (ii) the Submission is wholly original with entrant and, as of the date of Submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify, defend and hold Sponsor and the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Any approval from Sponsor or ABG-Volcom, LLC shall not waive, diminish or negate an entrant’s indemnification obligations to Sponsor or ABG-Volcom, LLC.
11. Release and Limitations on Liability: By entering the Contest, each entrant agrees to forever and irrevocably release and hold harmless Sponsor, Promotion Entities and Instagram (collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, controversies, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable outside attorneys’ fees and court costs) (collectively, “Claims”) related to this Contest or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible entries or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s 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; (vi) any interruptions in or postponement, cancellation or modification of the Contest or these Rules; (vii) any technical malfunctions or 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 any damage to an entrant’s computer system which is occasioned by accessing the websites of Released Parties or participating in the Contest, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified. 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. Released Parties will not be liable to winner or any other person for failure to supply any Prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow- down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. Further, participants agree to waive the provisions of Civil Code Section 1542 which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12. Additional Rules: Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Contest if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Contest. If, for any reason, the Contest is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof. Sponsor may prohibit an entrant from participating, winning, or accepting a Prize (and void all associated entries) if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest and associated Prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK
DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules, which could cause the application of the laws of any jurisdiction other than California. Entrants hereby agree that any and all Claims arising out of or relating to this Contest, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT. FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
15. Winner List: For the Winners List, send a stamped, self-addressed envelope to: Volcom, Attn: Chris Martinez, 1740 Monrovia Ave., Costa Mesa CA 92627. VT residents may omit return postage. Winners List requests will only be accepted after the Contest end date (listed above) and no later than October 15, 2019. During the Entry Period, you may ask a sales associate or visit www.volcom.com/jersey for a copy of these Rules.
16. Severability: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.
17. Sponsor’s Relation to ABG: Sponsor is a manufacturer and seller of a broad array of apparel and accessories sold under and identified by the VOLCOM name and certain derivatives thereof and associated logos (the “VOLCOM Marks”) pursuant to a license granted by ABG-Volcom, LLC (“ABG”), the owner of the VOLCOM Marks. Pursuant to the Sponsor License Agreement dated as of April 1, 2019, as amended from time to time (the “Master License”), ABG granted to Sponsor 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 entrant acknowledges and agrees that (i) if the Master License is terminated for any reason, then this 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 entrant, entrant 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) entrant shall not during the Entry 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.
[End of Official Rules]