FirstStoke.com Bitchboards Best Snowboard Photo Contest Contest
Official Rules

1. Eligibility: The FirstStoke.com Bitchboards Best Snowboard Photo Contest (the “contest”) is open to all FirstStoke.com registered users.

2. Agreement to official rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of First Stoke LLC (“First Stoke”), which are final and binding in all matters related to the Contest. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.

3. Timing: The Contest begins on September 9, 2008 at 12:00 a.m. Pacific Time ("PT") and ends on October 8, 2008 at 11:59 p.m. PT (the "Contest Period"). FirstStoke.com administrator’s computer is the official time-keeping device for the Contest.

4. How to enter: During the Contest, visit www.firststoke.com/news-events/contests/bitchboards-best-snowboard-photo-contest/ (the "Website") and follow the links and instructions to submit a photo (the "Entry"). By submitting your photo, you agree that your Entry conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that the FirstStoke.com administrator, in its sole discretion, may decide to remove your photo and disqualify you from the Contest if it believes, in its sole discretion, that your photo fails to conform to the Guidelines and Restrictions. Each photo should be submitted only once. First Stoke is not responsible for any changes or effects caused to entrant's computer system or photo equipment as a result of submitting a photo entry.

a. Photo guidelines
i. The photo must be in .jpg, .gif, .bmp, or .png formats;

b. Content restrictions
i. The photo must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Do not submit any professional photos without the consent from the owner of the photos.
ii. The photo must not contain images or artwork not created by entrant;
iii. The photo must not contain material that is inappropriate, indecent, illegal, pornographic, obscene, vulgar, profane, violent, threatening, harassing, hateful, defamatory, slanderous or libelous.
iv. The photo must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
v. The photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state or country where the photo is created.
vi. The photo must not transmit anything that contains viruses or anything else that is harmful.

c. For All Entries
i. All Entries become the exclusive property of First Stoke, and none will be acknowledged or returned. First Stoke shall have the right to publish any or all of the photos, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANFERENCE TO FIRST STOKE OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE PHOTO INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. First Stoke is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected photos, which are disqualified.

d.CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FIRST STOKE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY THE LAW.

e. First Stoke will be collecting personal data about participants online, in accordance with its privacy policy (www.firststoke.com/privacy-policy/). By participating in the contest, entrants agree to First Stoke's collection and usage of their personal information and acknowledge that they have read and accepted First Stoke's privacy policy.

5. Winner determination: All entries must conform to the Guidelines and Restrictions and comply with all Contest rules. Winners will be selected by registered FirstStoke.com users who cast their vote during the Contest Period. The winners will be based on the number of points, determined by the number of votes times the average number of stokes. In the case of a tie, First Stoke will select the winner.

6. Voting Requirements: Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter's entries (if any) and he/she will be disqualified from further participation in the Contest. Use of any automated system to vote is prohibited and will result in disqualification. First Stoke is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes, which will be disqualified. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

7. Winner requirements: Potential winners will be notified by mail, email or phone on or around October 16, 2008. If a potential winner cannot be contacted or prize is returned as undeliverable, the potential winner forfeits the prize. If a potential winner is disqualified for any reason, the entrant whose entry receives the next highest number of points during the Contest Period will be deemed the potential winner. Acceptance of any prize shall constitute and signify winner's agreement and consent that First Stoke may use, on a perpetual basis, the winner's, name, city, state, likeness, voice, opinions, entry and/or prize information, for promotional and advertising purposes in any media on a worldwide basis, including on the Internet, without limitation and without further payment or consideration, except where prohibited by law.

8. Prizes

a. First prize: The contestant with the most number of points will receive a BitchBoards® snowboard, BitchBoards® rhinestone logo sweatshirt, and a BitchBoards® rhinestone logo tote bag.

b. Second prize: The contestant with the 2nd most number of points will receive a BitchBoards® sweatshirt and beanie in addition to a First Stoke beater tank top.

c. If winner of the first or second place prize lives outside of the United States, they will be responsible to pay for shipping charges of the designated prize.

9. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless First Stoke and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind, including, but not limited to, personal injury, death, or damage to or loss of property, as well as claims based on publicity rights, defamation, and/or invasion of privacy arising, in whole or in part, directly or indirectly out of participation in the Contest or receipt or use or misuse of any prize.

10. General conditions: First Stoke reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond First Stoke's reasonable control impairs the integrity or proper functioning of the Contest, as determined by First Stoke in its sole discretion. First Stoke, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, First Stoke reserves the right to seek damages from any such person to the fullest extent permitted by law. First Stoke's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. First Stoke is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. First Stoke is not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in San Diego County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and First Stoke 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

13. Entrant’s Personal Information: Information collected from entrants is governed by First Stoke’s privacy policy (www.firststoke.com/privacy-policy/).