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OFFICIAL RULES

 

CUSTOM BILLABONG BOARD SWEEPS (“Sweepstakes”)

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

  1. THE PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE FORTY-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) AND OF CANADA (EXCLUDING QUÉBEC) WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY IN THEIR STATE/PROVIDENCE OF RESIDENCE, WHICHEVER IS OLDER AT THE TIME OF ENTRY. THE SWEEPSTAKES PERIOD BEGINS AS OF AUGUST 1, 2015 AT 12:00 A.M. PACIFIC STANDARD TIME AND ENDS AS OF SEPTEMBER 15, 2015 AT 12:00 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, WHICH DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
  1. 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) and of Canada (excluding Quebec) who are at least eighteen (18) years of age (or the age of majority in their state/province of residence, whichever is older) as of August 1, 2015 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, 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.
  2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins as of August 1, 2015, 12:00 a.m. Pacific Standard Time (“PST”) and ends as of September 15, 2015, 12:00 p.m. PST (the “Sweepstakes Period”). All entries must be received by Sponsor no later than September 15, 2015. 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.
  1. 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 On-Line Entry (US or Canada) or Mail-in Entry (as defined below) shall be considered an “Entry” under this Sweepstakes and all such entries shall together constitute “Entries” under this Sweepstakes. All online and store entries must be received by no later than September 15, 2015, and all mail-in entries must be postmarked by September 15, 2015 and received by no later than September 15, 2015.

 

Free Online Entry for US Residents: You may submit an online entry to this Sweepstakes by visiting http://us.billabong.com/2015/fallboard 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) 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) 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 entry.

 

Free Online Entry for Canadian Residents: You may submit an online entry to this Sweepstakes by visiting http://ca.billabong.com/2015/fallboard and completing the online entry form during the Sweepstakes Period with your name, date of birth, gender, state/province of residence and email address (“Canadian Online Entry”). Limit one (1) 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) 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 Canadian Online Entry will be deemed submitted by the authorized account holder of the email address submitted with entry.

 

All US Online Entries and Canadian Online Entries must be received by no later than 12:00 PM PST on September 15, 2015.

 

Alternative Means of Entry:

 

Free Mail-in Entry for US and Canadian Residents: You may submit an entry by mail (“Mail-in Entry”) to this Sweepstakes as follows: send a postcard or letter via U.S. or Canada Post mail which includes your name, email address, gender and state/province of residence to 117 Waterworks Way, Irvine, California 92618 Attn: Custom Billabong Board Sweeps during the Sweepstakes Period. Limit one (1) 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) 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 entry. All mail-in entries must be received by no later than September 15, 2015.

 

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 (1) give Sweepstakes Entities the right to publish your Entry, including your name and/or email address, on the Sponsor’s websites and/or other public websites; and (2) assign all ownership rights and usage rights to your Entry to the Sweepstakes Entities.

 

  1. PUBLICITY: As a condition of Entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Winner by accepting a Prize grants to Sweepstakes Entities and their affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, address (city and state/province), biographical material (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional notice, review, compensation, permission or approval.

 

  1. 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 about September 18, 2015 at 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 via telephone or email to the phone number or email address submitted with his/her Entry, within seventy-two (72) hours after the drawing ("Prize Award Period"). The drawing will be conducted by Sponsor, the judge of the Sweepstakes, whose 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 telephone or 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) a potential Winner’s failure to execute and return a notarized Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission, if and as applicable; (5) a potential Winner’s failure to validly claim the prize by October 2, 2015; (6) failure of a Canadian resident to correctly answer the skill testing question; and (7) 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, in Sponsor’s sole discretion, award or not award a Prize (defined below) to an alternate potential Winner selected at random.

 

  1. PRIZE: One (1) grand prize (“Grand Prize” or “Prize”) will be awarded in this Sweepstakes.

 

Grand Prize: One (1) Grand Prize shall consist of: one (1) custom, Limited Edition Billabong Surfboard (as determined by Sponsor in its sole discretion)* (approximate retail value (“ARV”) $2,000.00 USD). Total ARV of the Grand Prize to be awarded in this Sweepstakes is two thousand dollars and zero cents ($2,000.00 USD).

 

Grand Prize Winner will be required to execute and return a Release of Liability form.

 

ARV of Grand Prize may vary; any difference between stated ARV and final ARV of Grand Prize will not be awarded. Grand Prize consists only of the item expressly set forth above. Grand Prize Winner is encouraged and responsible for obtaining accident and health insurance (and all other forms of insurance) at Winner’s option and hereby acknowledges that Sponsor has not and will not obtain or provide accident or health insurance or any other form of insurance for or on behalf of Grand Prize Winner in connection with the Prize or use of the Prize or otherwise.

 

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 may 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. or Canadian address (no P.O. boxes) to Sponsor for shipment of the Prize to Winner. Prize will only be shipped to a valid U.S. or Canadian 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. Canadian residents must correctly answer a time-limited mathematical skill-testing question administered by telephone without assistance or mechanical or electronic aid in order to be named a winner and to receive a prize. 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 October 2, 2015, after which no alternate winner will be selected, nor unclaimed prize 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 (AS DEFINED BELOW) 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.

 

  1. 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.

 

  1. LIMITATION OF LIABILITY: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT 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 (INCLUDING WINNER AND GUEST) 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 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.

 

  1. INDEMNIFICATION: BY PARTICIPATING IN THE SWEEPSTAKES EACH ENTRANT (INCLUDING 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' 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)).

 

  1. 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 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 ENTRANTS AND WINNERS WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. NO ENTRANT OR WINNER 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.

 

  1. PERSONAL INFORMATION: The personal information for U.S. residents collected through this Sweepstakes is subject to the Billabong U.S. Privacy Policy (as it appears on http://us.billabong.com/blog/post/privacy-policy).   The personal information for Canadian residents collected through this Sweepstakes is subject to the Billabong Canadian Privacy Policy (as it appears on https://ca.billabong.com/page/help/privacy-policy). By entering this Sweepstakes, you agree to the use of your personal information as described in the applicable Privacy Policy as stated above.

 

  1. RULES/WINNERS’ 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: Custom Billabong Board Sweeps Official Rules/Winner List Request, GSM (Retail), Inc., 117 Waterworks Way, Irvine, CA 92618.  Requests for winners' lists must be received no later than three (3) months after the end of the Sweepstakes Period. Vermont residents may omit postage.

 

  1. SPONSOR: GSM (Retail), Inc., 117 Waterworks Way, Irvine, CA 92618

 

TM & © 2015 GSM (Retail), Inc. All rights reserved.

 

BILLABONG is a registered trademark of GSM (Operations) Pty Ltd CORPORATION AUSTRALIA.