The Freestyle “Are You Next” Challenge

OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN

1. Eligibility: The Freestyle “Are You Next” Challenge (the “Contest”) is open only to legal residence of the 50 United States, Washington, D.C., and Canada. Those contestants under the age of 13 must receive prior parental consent. For more details regarding parental consent please see the Website Terms of Use. Employees of Freestyle U.S.A. and affiliated companies and members of those employees’ immediate families are not eligible.  If you are under the legal age of majority in your state of residence (a “Minor”), one of your parents or legal guardians must submit a signed parental consent form in order to collect any prizes won. Contest is void where prohibited or restricted by law. Directors, officers, employees and agents of SUNBURST PRODUCTS, INC., d/b/a Freestyle® USA (the “Sponsor”), its parent, affiliates, subsidiaries, and any entity involved in the development, production, implementation or fulfillment of the Contest, and the immediate family members (defined as parents, children, siblings and spouse) and persons living in the same household as such individuals are not eligible to participate. You must have access to the Internet and a valid e-mail address in order to enter.
2. Contest Period: The Contest shall commence on November 26, 2007 at 12:00 AM Pacific Daylight Time (PDT) and shall continue in duration until February 24, 2008 at 11:59 PM PDT (the “Contest Period”). The Contest Period consists of twelve (12) weekly photograph contest and twelve (12) weekly video contest, each weekly contest beginning 12:00 AM PDT on the Monday of each week at 11:59 PM PDT on the following Sunday. (the “Weekly Deadline”). All entries must be received by the Weekly Deadline to be eligible to win a prize for that week.  
3. How To Enter: To enter, visit the Contest website at  http://freestylecontest.loopd.com (the “Website”), complete the online registration form and follow the instructions to submit a photograph and/or video for the week which will be posted on the website To enter, participants must complete all required fields on the online registration form, including uploading a photograph and/or video created by the Entrant as directed on the Website. Only eligible entries actually received by Sponsor before the Weekly Deadline will be considered. Limit one entry per person per weekly contest. If a participant submits more than 12 entries online, only the first twelve entries submitted will be considered. Videos submitted shall be no shorter than 30-seconds and longer than 3-minutes or the entry will be void. Incomplete or inaccurate entries are void. Every week a video/photo may be resubmitted by Entrant if not selected as a winner to be considered for another weekly contest. Only one winner per household. Each entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned the email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.  Receipt of an entry form, transmission of an email or receipt of responses from submitting Entrant shall not constitute proof or evidence of compliance with these Official Rules, nor shall it be construed as acceptance by Sponsor or any party of the entry form, or any entry or Entrant, nor as confirmation, acceptance or agreement as to the eligibility of any Entrant to participate in the Contest. The odds of winning depend on the number of eligible entries received for each weekly contest and submitted in accordance with the rules. 
4. Conduct: By entering the Contest, Entrants agree to comply with and be bound by these Official Rules, and Terms of Service for any photograph entry. Failure to comply with the Official Rules, and Terms of Use may result in disqualification from the Contest. Sponsor reserves the right in its sole discretion to disqualify any Entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Sponsor property or service; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or whose acts or deeds (actual or perceived) would or might be deemed detrimental to Sponsor’s reputation, as determined by Sponsor in its sole discretion. Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, ownership of right or non-compliance with Official Rules may result in the immediate elimination of the Entrant from the Contest. Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, or is obscene, vulgar, offensive, or otherwise does not comply with the Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Prize and Grand Prize: Each weekly contest will have two (2) winners, one (1) winner from the photograph contest and one (1) winner from the video contest. Each winner will receive one (1) Freestyle® USA watch of his or her choice (up to a retail value of $150.00), 1 t-shirt, 1-wristband, 1-headband, and 1 sticker pack. All weekly contest winners are eligible for the Grand Prize which includes: 6 Freestyle Watches (up to $900 retail value), t-shirts and promotional items subject to availability, profile on www.freestylusa.com, banner advertisement on www.freestyluesa.com, and the opportunity to remain as a Sponsored Freestyle athlete in the future.  The Grand Prize winner will be chosen on February 27^th, 2008.  No substitution or transfer of the Grand Prize or any Prize (or any portion thereof) is permitted, except by Sponsor, in which case a prize of equal or greater value may be awarded. Limit one Prize per household. Subject to sufficient eligible entries, all prizes will be awarded.  ALL TAXES AND ANY APPLICABLE WITHHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNER. Any unclaimed prizes will not be awarded. Each winner is also responsible for all fees, surcharges, and expenses not mentioned herein and associated with acceptance, award, enjoyment and/or use of a prize.  PRIZE WINNERS AGREE TO ACCEPT ALL PRIZES "AS IS", AND SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sponsor is not responsible for any cancellations, delays, diversions or substitutions or for any act or omission whatsoever by the various providers of services or delivery of any component of, or services relating to the prizes.
6. Selection of Winners: During each week of the Contest Period ending on the Weekly Deadline, visitors to the Website will be invited to view (“View”) the photograph and video entries.  The number of views will be tracked and weighted as 75% of the selection.  The remaining 25% will be determined by The Sponsor based on style, quality, difficulty, and technique as well as community feedback.  Tallying of the Views will be supervised and certified by a responsible officer of the Sponsor.  In the event of a tie between two (2) or more Entrants, the tie will be broken by random selection.  In the event that no eligible entries are received, no prize will be awarded. The winners will be announced on or about the Tuesday after the week following the Weekly Deadline and will be notified by by email.
7. Sponsor Ownership of Entries: All entries and materials submitted to Sponsor in connection with the Contest (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Sponsor upon submission, and you assign to Sponsor all right title and interest in and to all Entry Materials. Entry Materials will not be returned to Entrant. Withoutlimiting the generality of the foregoing, you acknowledge that Sponsor will own all rights to use, modify, reproduce,publish, perform, display, distribute, exhibit, transmit, broadcast, televise, digitize, alter, edit, manipulate, incorporate into other materials, make derivative works of and otherwise commercially and noncommercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, all without further consent from or separate compensation to you or any other person or entity. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph 7.  
8. Original Work of Authorship: Entrants certify that their entry is original and that they are the sole and exclusive creator, owner and rights holder of the submitted entry and that they have the right to submit the entry in the Contest. Entrants further represent that all Entry Materials are original works of authorship on Entrants’ part and have not been copied, in whole or in part, from any other work. Each Entrant agrees not to submit any entry that infringes on any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation. Entrant’s entries (i) may not have been previously published or won any other prize/award, and (ii) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify any entry from the Contest if Sponsor determines, in its sole discretion, the entry may infringe upon a third party’s rights.

9.     Clearances: Each Entrant is solely responsible for obtaining from all applicable individuals or entities, any and all required rights, releases, consents, clearances, licenses, and other authorizations (collectively, the “Clearances”) necessary to exploit and otherwise use the entry in any and all media. Without limiting the generality of the foregoing, prior to submitting his or her entry, each Entrant is solely responsible for obtaining the following Clearances: (a) Location releases; (b) Releases from any person whose name, voice, likeness, or persona is referenced, shown, or otherwise used in the entry; (c) With respect to those individual(s), if any, providing Clearances who are under the age of majority in their state of residence, the signature of the individual(s)’ respective parent or legal guardian (on the applicable Clearance(s)). Sponsor hereby reserves the right (but not the obligation) to verify that all necessary Clearances relating to the entry have been obtained prior to selecting the entry as a winning entry. Without limiting the generality of the foregoing, Sponsor reserves the right to disqualify any entry from the Contest if Sponsor determines at any time, in its sole discretion, that the applicable Entrant has not obtained all necessary Clearances.

10.  Conditions of Participation: Each Entrant hereby warrants that the Entrant has the right to submit his or her entry to Sponsor on the terms and conditions contained in these Official Rules and guarantees that the entry is free of any infringement of copyright, trademark or common law. Each Entrant further agrees that if his or her entry is identified as a winning entry, he or she will remove his or her entry from any and all websites where the entry has been made available. Each Entrant agrees that if his or her entry is identified as a winning entry, he or she will provide Sponsor with all requested signed releases and clearance documents in connection with the entry. Each Entrant agrees that Sponsor may retain a copy of the entry and each Entrant hereby releases Sponsor from any liability for loss or damage thereto.

11. General Conditions: Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This Contest is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By submitting an entry into this Contest, an Entrant agrees to be bound by the terms of these Official Rules and the official rules and terms of the Freestyle “Are You Next” Challenge and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner (the Entrant with the next highest total number of Views). Any potential winner who cannot be contacted within fourteen (14) days of attempted first notification will forfeit his or her prize and an alternate winner (the Entrant with the next highest total number of Views) will be selected. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event a winner/potential winner's employer has a policy which prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner (the Entrant with the next highest amount of Views) will be selected. In the event that Sponsor is prevented from continuing with the Contest, or the integrity and/or feasibility of the Contest is severely undermined by any event beyond the Sponsor’s control, including but not limited to fire; flood; epidemic; earthquake; explosion; labor dispute; strike; act of God; terrorist threat or activity; any federal, state, or local governmental law, order, or regulation; order of any court or jurisdiction; or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor will have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Contest without further obligation. If Sponsor, in its sole discretion, elects to abbreviate the Contest as a result of a Force Majeure event, Sponsor reserves the right, but not the obligation, to award prizes from among all the eligible entries received up to the date of such Force Majeure event. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to any Entrant.
12. Affidavit and Releases: The prize winner (and if a minor, his or her respective parent or legal guardian) may be required to sign, notarize and return (a) an Affidavit or Declaration of Eligibility; (b) a Liability Release, releasing Sponsor, its parent companies, affiliates, subsidiaries, and the respective directors, officers, employees and assigns of any of the above organizations (collectively the “Released Parties”), from any and all liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; (c) except where prohibited, a Promotional/Publicity Release granting the Sponsor the right to use Entrant’s name and likeness for advertising and publicity purposes without additional compensation; (d) an I.R.S. Form W-9. The prize winner must also provide any additional information that may be required by the Sponsor within sixteen (16) days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner (the Entrant with the next highest total number of Views).
13. Use of Winner’s Name, Likeness, Voice, etc.: Except where prohibited by law, entry constitutes permission for, and winner’s consent to, Sponsor and its agencies to use a winner's name, likeness, voice, biography, prize information, and/or entry, without limitation, for advertising, publicity and promotional purposes without additional permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to make appearances and to execute further documents and consents to the use of their name, likeness, voice, biography and/or prize information, without limitation, for contestal purposes and in connection with the Entry Materials, without further permission or compensation.
14. No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any Entrant expressly waives any and all such rights. Entrants agree that these Official Rules are governed by the laws of the State of California, United States.
15. Privacy: By entering the Contest, the Entrant agrees to Sponsor's use of personal information as described in Freestyle’s Privacy Statement. Entrants further agree that personal data, especially name and address, may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check Entrant's identity, postal address and telephone number, or to otherwise verify eligibility to participate in the Contest. Entrants have a right to access, review, rectify or cancel any personal data held by the Sponsor by contacting Sponsor either via email at contest@freestyleusa.com or by regular postal mail at Freestyle U.S.A., 333 N. Newport Blvd. #3, Newport Beach, CA 92663, Attn: Freestyle “Are You Next” Contest.  If the required data is not provided, Entrant will be ineligible to participate in the Contest. As stated above, the Contest is not open to Minors under the age of thirteen (13). In the event that you are under the age of thirteen (13) years and submit an entry to the Sponsor, Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the entry.
16. Limitations of Liability: To the maximum extent permitted by law, each Entrant releases, holds harmless, indemnifies and agrees to keep indemnified the Released Parties at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Released Parties at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Rules by an Entrant. To the maximum extent permitted by law, Entrant agrees to release and hold the Released Parties harmless for any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won.
17. Internet: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of Entry Materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
18. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
19. Waiver: Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
20. Official Rules and Winners List: An updated copy of the winners list is available on the 1^st Monday of the month of the following the Weekly Deadline during the Contest Period. To obtain a copy of the then current winners list and/or a copy of these Official Rules, send a self-addressed, stamped business-size envelope to Sponsor at the following address: The Freestyle “Are You Next” Challenge, c/o 333 N. Newport Blvd. #3, Newport Beach, CA 92663.  Please note on the front left hand corner of your outer envelope whether you are requesting “Rules” or the names of the “Winners”. Residents of VT and WA may omit return postage.   
21. Sponsor: The Sponsor of the Contest is Sunburst Products, Inc. d/b/a Freestyle ® USA.