Billabong Nautique Sweepstakes (“Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1.THIS SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING NEW YORK, RHODE ISLAND, PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS AND ALL OVERSEAS MILITARY INSTALLATIONS) WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN THEIR STATE AT THE TIME OF ENTRY. THE SWEEPSTAKES PERIOD BEGINS AS OF MAY 24, 2017 AT 6:00 PM PACIFIC STANDARD TIME AND ENDS AS OF AUGUST 15, 2017 AT 11:59 P.M. PACIFIC STANDARD TIME. VOID WHERE PROHIBITED BY LAW. BY ENTERING THIS SWEEPSTAKES, EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION IN CALIFORNIA AS PROVIDED IN SECTION 12 BELOW AND TO LIMIT YOUR REMEDIES AS PRESCRIBED IN SECTION 13 BELOW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
2.ELIGIBILITY: The Sweepstakesis open only to legal residents of forty-eight (48) states of the United States (“U.S.”) and the District of Columbia (excluding New York, Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age or older or the age of majority in their state as ofMay 24, 2017 with access to the internet at all times during the Sweepstakes Period (as defined below) and subsequent Prize Award Period (as defined below). Burleigh Point Ltd. DBA Billabong USA (“Billabong” or “Sponsor”) and its parents, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, and prize providers (all of the foregoing together with Sponsor, collectively referred to as “Sweepstakes Entities”), suppliers, printers, advertising and promotional agencies, and each of their respective employees, officers, directors andtheir immediate family members (spouses, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are ineligible to enter or win this Sweepstakes.All applicable federal, state, and local laws and regulations apply.VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.By participating in this Sweepstakes, you agree to fully and unconditionally accept and abide by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.
3.SWEEPSTAKES PERIOD: The Sweepstakes entry period begins as ofMay 24, 2017 at 6:00 PM Pacific Standard Time (“PST”) and ends as of August 15, 2017, 11:59 p.m. PST (the “Sweepstakes Period”). Winner will be selected from all eligible entries properly submitted pursuant to these Official Rules during the Sweepstakes Period.Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes.
4.SWEEPSTAKES ENTRY INSTRUCTIONS:
During the Sweepstakes Period, you may enter this Sweepstakes by using one of the following means of entry set forth below. Each entry, whether an Online Entry or Mail-in Entry (as defined below) shall beconsidered an “Entry” under this Sweepstakes and all such entries shall together constitute “Entries” under this Sweepstakes. All Entries must be received by the deadlines indicated below.
Free Online Entry: You may submit an online entry to this Sweepstakes by visitinghttp://us.billabong.com/2017/nautique-sweeps and completing the online entry form during the Sweepstakes Period with your name, date of birth, gender, state of residence, and email address (“Online Entry”).Limit one (1) Online Entry per person per email account during the Sweepstakes Period regardless of method of entry.Any attempts by an entrant to submit more than one (1) Online Entryper person per email account during the Sweepstakes Period (regardless of method of entry) will result in such entrant being disqualified.Each Online Entry will be deemed submitted by the authorized account holder of the email address submitted with the Entry.
All Online Entries must be received by no later than 11:59 PM PST on August 15, 2017.
Free Mail-in Entry: You may submit an entry by mail (“Mail-in Entry”) to this Sweepstakes as follows: send a postcard via U.S. mail which includes your name, email address, gender and state of residence to 117 Waterworks Way, Irvine, California 92618 Attn: Billabong Boat Sweepstakes during the Sweepstakes Period.Limit one (1) Mail-in Entry per person per email account during the Sweepstakes Period, regardless of method of entry. Any attempts by an entrant to submit more than one (1) Mail-in Entry per person per email account during the Sweepstakes Period (regardless of method of entry) will result in such entrant being disqualified.Each Mail-in Entry will be deemed submitted by the authorized account holder of the email address submitted with the Entry. AllMail-In Entries must be postmarked by no later than August 15, 2017 and received no later than August 22, 2017.
Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.
All Entries become the property of Sponsor and may not be acknowledged or returned. Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will Entries that violate copyright laws or infringe on any third party rights. Multiple Entries by an individual person in excess of the preceding limitations or mass entry attempts will result in disqualification of the person and void all Entries related to such conduct. Entries generated by a script, macro, or other automated means will be disqualified.Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Entries must comply with all applicable laws, rules, and regulations. In case of a dispute over the identity of an entrant submitting an Entry, the authorized account holder of the email account, as applicable, used to enter this Sweepstakes will be deemed to be the entrant.An “authorized account holder” is defined as the natural person who is assigned to the email account submitting the Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. By submitting an Entry, you (1) give Sweepstakes Entities the right to publish your Entry, including your nameand other content submitted as part of your Entry, on the Sponsor’s websites and/or other public websites; and (2) assign all ownership rights and usage rights to your Entryto the Sweepstakes Entities.
5. GRANT OF RIGHTS:As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Winner (as defined below) by accepting a Prize (as defined below) irrevocably grants to Sweepstakes Entities and their affiliates, legal representatives, assigns and licensees, a non-exclusive, perpetual, worldwide license to publish, broadcast, display, store, reproduce, distribute, modify and/or otherwise use the Sweepstakes entrant’s name, address (city and state), biographical material, voice, performance, likeness, photos, images, illustrations, artwork and other content and material submitted by entrant as part of the Entry (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity, without additional notice, review, compensation, permission or approval. Each entrant represents and warrants that he or she has full legal right, power and authority to grant Sweepstakes Entities the foregoing license and if applicable, has secured all necessary rights from any participants in, and contributors to, his or her Entry in order to grant such a license.Each entrant agrees to indemnify and hold harmless Sweepstakes Entities to the extent Sweepstakes Entities’ use of entrant’s Entry as prescribed herein is alleged to infringe on the rights of any third party.
6.SELECTION OF SWEEPSTAKES WINNER: A total of one (1) potential winner(“Winner”) will be selected for this Sweepstakes.Winner will be selected on or around August 28, 2017 from all eligible Entries received during the Sweepstakes Period in a random drawing to be heldat Sponsor’s office in Irvine, California. Winner need not be present. Odds of winning will depend on the number of eligible entries received.
The potential Winner will be notified by email using the email address submitted with his or her Entry. The potential Winner will be notified on or around August 30, 2017 after being selected as a potential Winner ("Prize Award Period"). The potential Winner will be asked to email a Billabong representative and will be provided a specific email address to contact to claim the Prize and for Prize details. Sponsor’s decisions on all matters relating to the Sweepstakes shall be final and binding in all respects. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) a potential Winner’s failure to respond to Winner notification by email within seventy-two (72) hours after its transmission; (2) the return of a notification as undeliverable after two (2) attempts; (3) a potential Winner’s failure to timely provide Sponsor with satisfactory proof of age, identity and residency; (4)apotential Winner’s failure to execute and return a notarized Winner’s Affidavit of Eligibility and Liability/Publicity Release and other documentation requested by Sponsor within seven (7) days after its transmission, if and as applicable; (5) a potential Winner’s failure to validly claim the prize within 14 days of being notified as a potential Winner; and (6) any other non-compliance with the Official Rules. In the event that a potential Winner is disqualified for any reason or in the event of Prize forfeiture, Sponsor may or may not award the Prize (as defined below) in Sponsor’s sole discretion to an alternate potential Winner.
7. PRIZE: One (1) prize (individually, a“Prize” or collectively, “Prizes”) will be awarded in this Sweepstakes as determined solely by Sponsor.
Prize shall consist of:One (1) 2015 Super Air Nautique G23 Boat containing additional customization (approximate retail value (“ARV”) of One Hundred and Fifty Thousand Dollars ($150,000 USD)).
Total ARV of all Prizes to be awarded in this Sweepstakes is One Hundred and Fifty Thousand Dollars ($150,000 USD).
The Winner receiving a Prize will be required to execute and return a Winner’s Affidavit of Eligibility and Liability/Publicity Release and such other documents as requested by Sponsor.
SWEEPSTAKES ENTITIES MAKE NO WARRANTIES OR CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, CONCERNING THE PRIZE OR ANY PORTION OF THE PRIZE FURNISHED IN CONNECTION WITH THIS SWEEPSTAKES.
Winner is responsible for boat registration, license, title, insurance fees, trailer, delivery expenses and any other expenses related to the acceptance and use of the Prize not specified in these Official Rules. Winner must take delivery of boat within 30 days of notice of availability from winner-selected Billabong retail location (within the 48 contiguous United States), near Winner’s residence, subject to Sponsor’s approval. Boat awarded may differ from any boat shown in promotional materials. Specific prize boat details, such as color, options and equipment, will be determined by Sponsor, in its sole discretion. The boat award is nontransferrable or redeemable for cash. No substitution may be made, except by the Sponsor, who reserves the right to substitute the Prize in whole or in part with another prize of equal or greater value if the designated Prize should become unavailable for any reason. Winner will be solely responsible for all applicable taxes (not limited to federal, state, and/or local taxes), and will be required to provide a completed W-9 form as Sponsor will file an IRS Form 1099 for the fair market value of the Prize awarded and accepted. A 1099 form will be issued in the tax year 2017.
All expenses not specifically mentioned herein and all expenses Winners may reasonably incur in receiving or using the Prize are not included as part of the Prize, and are solely the Winner’s responsibility.Winner may be required to provide his or her social security number or tax payer ID number to Sponsor in order to claim the Prize. Prize will not be replaced if lost or stolen. Prize will be awarded provided it is validly claimed within 14 days of a potential Winner being selected and notified, after which an alternate Winner may or may not be selected and the unclaimed Prize may or may not be awarded.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SWEEPSTAKES OR PRIZES.
THE SWEEPSTAKES ENTITIES (INCLUDING ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, MANAGERS, RELATED FINANCING PARTIES, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS) EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DEATH AND BODILY INJURY AND PROPERTY DAMAGE, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY OR TRAVEL OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION.
8. PARTICIPANT OBLIGATIONS: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, the terms and conditions of the Sponsor’s websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. LIMITATION OF LIABILITY: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE SWEEPSTAKESENTITIES AND THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES AND DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, BODILY INJURY OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED TRAVEL OR OTHER ACTIVITY, OR ENTRANT’S FAILURE TO COMPLY WITH THE OFFICIAL RULES OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION.
EACH ENTRANT AND WINNER ASSUMES ALL LIABILITY FOR ANY INJURY, DEATH, OR DAMAGE CAUSED, OR ALLEGEDLY CAUSED BY: (A) PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES RELATED ACTIVITY OR TRAVEL; (B) THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; (C) ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION; (D) ENTRANT’S FAILURE TO COMPLY WITH THE OFFICIAL RULES.
In addition to the foregoing, Released Parties are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind; (2) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (3) any lost, stolen, delayed, damaged or misdirected Entries regardless of the circumstances; or (4) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of Entries, or the selection or notification of the Winner. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select the Winner from all eligible, non-suspect Entries received prior to such action. Sponsor also reserves the right at Sponsor's sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such Entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
AN ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
10. INDEMNIFICATION: BY PARTICIPATING IN THE SWEEPSTAKES EACH ENTRANT AND WINNER AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR; AND (B) TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL FEES) AND EXPENSES OF ANY KIND THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) THE SWEEPSTAKES; (2) RECEIPT, USE, MISUSE OR REDEMPTION OF THE PRIZE; (3) PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR TRAVELS (INCLUDING WITHOUT LIMITATION, ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH CAUSED TO ANY PERSON(S)).
11. CHOICE OF LAW: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW DOCTRINE OF ANY JURISDICTION.
12. DISPUTES: THE FORUM AND VENUE FOR ANY DISPUTE RELATING THERETO SHALL BE IN ORANGE COUNTY, CALIFORNIA.IF THE CONTROVERSY OR CLAIM RELATING TO SUCH DISPUTE (“CLAIM”) IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, SUBJECT TO APPLICABLE LAWS IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”).THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA.ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA.
13. LIMITATIONS ON REMEDIES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES INCURRED, BUT SHALL IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND ENTRANTS AND WINNER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS AND WINNER SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
14. NO CLASS ACTIONS. FOR THE AVOIDANCE OF DOUBT, UNLESS PROHIBITED BY LAW ALL DISPUTES AND CLAIMS SHALL BE RESOLVED INDIVIDUALLY, IN ACCORDANCE WITH THESE OFFICIAL RULES AND WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
16. RULES/WINNERS’ LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winners (after Sweepstakes Period closes), send a self-addressed stamped envelope to: Billabong Boat Sweepstakes Official Rules/Winner List Request, Burleigh Point Ltd. DBA Billabong USA, 117 Waterworks Way, Irvine California 92618. Requests for Winners' lists must be received no later than six (6) months after the end of the Sweepstakes Period.Vermont residents may omit postage.
18. SPONSOR: Burleigh Point, Ltd. DBA Billabong USA, 117 Waterworks Way, Irvine California 92618.
BILLABONG is a registered trademark of GSM (Operations) Pty Ltd CORPORATION AUSTRALIA.
TM & © 2017 Burleigh Point Ltd DBA Billabong USA. All rights reserved.