Billabong Tyler Warren Surfboard Sweepstakes (“Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. THE PROMOTIONIS OPEN TO LEGAL RESIDENTS OF THEFORTY-NINE (49) STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RHODE ISLAND, PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS AND ALL OVERSEAS MILITARY INSTALLATIONS) WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.THE SWEEPSTAKES PERIOD BEGINS AS OF SEPTEMBER 11, 2018 AT 6:00 P.M. PACIFIC STANDARD TIME AND ENDS AS OF OCTOBER 10, 2018 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 AS PROVIDED IN SECTION 11 BELOW. BY ENTERING THIS PROMOTION, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of forty-nine (49) states of the United States (“U.S.”) and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least thirteen (13) years of age or older as ofSeptember 11, 2018 with access to the internet at all times during the Sweepstakes Period (as defined below) and subsequent Prize Award Period (as defined below). GSM (Retail) Inc. (“Billabong” or “Sponsor”) and its parents, subsidiaries, affiliates, sales representatives, distributors, licensees, suppliers and agents (all of the foregoing together with Sponsor, collectively referred to as “Sweepstakes Entities”), suppliers, printers, advertising and promotional agencies, and prize suppliers, and each of their respective employees, officers, directors and their 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/provincial 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 ofSeptember 11, 2018 6:00 PM Pacific Standard Time (“PST”) and ends as ofOctober 10, 2018, 11:59 PM PST (the “Sweepstakes Period”). All entries must be received by Sponsor no later than 11:59 PM on October 10, 2018. 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 Sweepstakesby using one of the following means of entry set forth below. Each entry whether a US Online Entry, Refer-A-Friend Entry, or Mail-in Entry (as each is defined below) shall beconsidered an “Entry” under this Sweepstakes and all such entries shall together constitute “Entries” under this Sweepstakes. All US Online Entries must be received by no later than 11:59 PM on October 10, 2018, and all Mail-In Entries must be postmarked by October 10, 2018 and received by no later than 11:59 PM on October 16, 2018.
Free Online Entry for US Residents: You may submit an online entry to this Sweepstakes by visiting us.billabong.com/2018/tyler-warren-surfboard-sweeps and completing the online entry form during the Sweepstakes Period with your name, date of birth, gender, state of residence, and email address (“US Online Entry”). Limit one (1) US Online Entry per person per email account per household during the Sweepstakes Period regardless of method of entry. Any attempts by an entrant to submit more than one (1) US Online Entry per person per email account, per household during the Sweepstakes Period (regardless of method of entry) will result in such entrant being disqualified. Each US Online Entry will be deemed submitted by the authorized account holder of the email address submitted with the Entry.
Refer-A-Friend Entry: If you enter this Sweepstakes by submitting a US Online Entry as provided above, upon submitting your Entry you will receive a custom URL address that directly links to the Sweepstakes site (“Custom URL Link”). You will be entered additional times in this Sweepstakes if you distribute the Custom URL Link to your friends and they ultimately enter the Sweepstakes through your Custom URL Link (“Refer-A-Friend Entry”). You can distribute the Custom URL Link to your friends by, for example, emailing your friends the Custom URL Link. Our systems can track how many persons have entered the Sweepstakes through your Custom URL Link. You will receive one (1) additional Entry into the Sweepstakes for every friend who successfully enters the Sweepstakes through your Custom URL Link.
All US Online Entries and Refer a Friend Entries must be received by no later than 11:59 PM PST on October 10, 2018.
Alternative Means of Entry:
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/province of residence to Sponsor at: 117 Waterworks Way, Irvine, California 92618 Attn:“Billabong Tyler Warren Surfboard Sweepstakes” during the Sweepstakes Period. Limit one (1) Mail-in Entry per person per email account per household 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 per household 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 October 10, 2018 and received by no later thanOctober 16, 2018.
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, 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 an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain or website associated with the submitted e-mail address. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.By submitting an Entry, you (and your parents/legal guardians if residents of a jurisdiction that deems you to be a minor): (1) give Sweepstakes Entities the right to publish your Entry, including your name and/or email address, on the Sponsor’s websites, social media accounts and/or other public websites; (2) assign all ownership rights to your Entry to Sponsor; and (3) assign all usage rights to your Entryto theSweepstakes 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, representatives, successors, 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 you 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 all participants in, and contributors to, his or her Entryin order to grant such a license. Each entrant agrees to indemnify and hold harmless Sweepstakes Entities to the extent Sweepstakes Entities’ use of his or her Entry or the exercise of the Licensed Rights as prescribed herein is alleged to infringe the rights of any person or third-party.
6. SELECTION OF SWEEPSTAKES WINNER: One (1) potential grand prize winner (“Grand Prize Winner” or “Winner”) will be selected from all eligible entries received during the Sweepstakes Period (regardless of method of entry)in a random drawing to be held on or aboutOctober 24, 2018 at Sponsor’s office in Irvine, California. Winner need not be present. Odds of winning will depend on the number of eligible entries received.
If the Prize is won by a minor, minor’s parent or legal guardian must also sign and return all required documents as requested by Sponsor including but not limited to Winner’s Affidavit of Eligibility and Liability/Publicity Release.
The potential Winner will be notified via email to the email address submitted with his/her Entry on or around October 27, 2018 ("Prize Award Period"). The drawing will be conducted by Sponsorwhose 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 Affidavit of Eligibility andLiability/Publicity Release and other documentation as 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 byNovember 20, 2018; (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, in Sponsor’s sole discretion,the Prizeto an alternate potential Winner selected at random.
7. PRIZE: One (1) grand prize (“Grand Prize” or “Prize”) will be awarded in this Sweepstakes.
Grand Prize: The Grand Prize shall consist ofone (1) limited edition autographed surfboard (ARV $750).
Total ARV of the Grand Prize to be awarded in this Sweepstakes is Seven Hundred and Fifty Dollars and Zero Cents ($750 USD).
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. All expenses not specifically mentioned herein and all expenses Winner may reasonably incur in receiving or using the Prize are not included as part of the Prize, and are solely Winner’s responsibility. All taxes on each Prize, if any, are the sole responsibility of Winner, who will receive a form 1099 reflecting the actual value of the Prize received, if applicable. Winner will be required to provide his/her social security number or tax payer ID number to Sponsor in order to claim the Prize. Winner may need to submit a valid U.S. address (no P.O. boxes) to Sponsor for shipment of the Prize to Winner. Prize will only be shipped to a valid U.S. address. Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to Winner. Prize is non-transferable and no substitution shall be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Prize will not be replaced if lost or stolen and is not redeemable for cash, unless required by law. Prize will be awarded provided it is validly claimed by November 20, 2018, after which an alternate winner may or may not be selected, or unclaimed prize awarded.
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 (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, 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 LIABILITIES FOR CLAIMS, INJURIES, EXPENSES, 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, entrants (and their parents/legal guardians if entrants are residents of a jurisdiction that deems them to be minors) 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 (and their parents/legal guardians if they are residents of a jurisdiction that deems them to be minors) 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 (AND ENTRANT’S PARENTS/LEGAL GUARDIANS IF ENTRANT IS A RESIDENT OF A JURISDICTION THAT DEEMS ENTRANT TO BE A MINOR) AGREES TO RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES 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 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 (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) 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 OR WINNER’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 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 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 THE 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 (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) 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' 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 ANY 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. DISPUTES: 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. 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. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT SHALL IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS) BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS AND WINNERS (INCLUDING THEIR PARENTS/LEGAL GUARDIANS IF RESIDENTS OF A JURISDICTION THAT DEEMS THEM TO BE MINORS)SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. 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.
13. RULES/WINNER LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner (after Sweepstakes Period closes), send a self-addressed stamped envelope to: Billabong Tyler Warren Surfboard Sweepstakes Official Rules/Winner List Request, GSM (Retail), Inc., 117 Waterworks Way, Irvine, CA 92618. Vermont residents may omit postage.
14. SPONSOR: GSM (Retail), Inc., 117 Waterworks Way, Irvine, CA 92618
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