Billabong – Pipe Masters – Win a Billabong prize pack (ARV $500 USD)and $400 USD in spending cash

OFFICIAL RULESWIN
A TRIP TO THE 2018 BILLABONG PIPE MASTERS 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 EIGHTEEN (18) YEARS
OF AGE OR OLDER, OR THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, WHICHEVER
IS OLDER AT THE TIME OF ENTRY.THE SWEEPSTAKES PERIOD
BEGINS AS OF OCTOBER 1, 2018 AT 12:00 AM PACIFIC
STANDARD TIME AND ENDS AS OF OCTOBER 31, 2018 AT 12:00 PM 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, TO LIMIT
YOUR DAMAGES, AND WAIVE YOUR RIGHTS TO A CLASS ACTION
LAWSUIT AS WRITTEN BELOW IN SECTION 11. 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 eighteen
(18) years of age or the age of majority in their state of residence, whichever
is older as of October 1, 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,and agents
(all of the foregoing together with Sponsor, collectively referred to as “Sweepstakes Entities”), suppliers,
printers, advertising agencies, 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 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 of October 1, 2018
12:00 AM Pacific Standard Time (“PST”) and ends as of October 31, 2018,
12:00 PM 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 Sweepstakesby using one of the
following means of entry written below. Each entry whether an Online Entry,
Store 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 Online Entries and Store
Entries must be received by no later than 12:00 PM on October 31, 2018, and all
Mail-In Entries must be postmarked by October 31, 2018 and received by Sponsor
no later than November 7, 2018. Free Online Entry: You may submit an online entry to this Sweepstakes
by visiting https://us.billabong.com/mens/blog/post/pipemasters-trip-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, per
household during the Sweepstakes Period regardless of method of entry. Any attempts by an entrant to submit more
than one (1) 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 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 12:00 PM PST on October 31, 2018.Alternative
Means of Entry: Free Store Entry:You
may submit a StoreEntry by visiting any
participating Billabong retail store and completing the store entry form during
the Sweepstakes Period with your name, date of birth,
gender, state of residence and email address. (“Store Entry”). Limit one (1)
Store 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) Store 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 Store Entry will be deemed submitted by
the authorized account holder of the email address submitted with the Entry. All Store Entries must be received by no
later than 12:00 PM on October 31, 2018.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:WIN A TRIP TO THE 2018 BILLABONG PIPE MASTERS
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 31, 2018 and received by no later than November 7, 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 will 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 including on social media; 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 entrantirrevocably
grants to Sweepstakes Entities and their affiliates, legal
representatives, agents, successors, assigns and licensees, a non-exclusive,
perpetual, worldwide, fully transferable, fully sub-licensable (through
multiple tiers of sublicensees) the right and license to publish, broadcast,
display, store, reproduce, distribute, modify and/or otherwise use the
entrant’s name, address (city and state), biographical material, voice,
performance, likeness, photos, images, videos,
illustrations, artwork and other content and material submitted by entrant
as
part of his or her 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 entrantrepresents
and warrants that he or she has full legal right,
power and authority to grantSweepstakes Entities and
the other entities and persons mentioned above the foregoing license and if
applicable, has secured all necessary rights from any participants in,
and contributors to, his or her Entryin
order to grant such a license. Each
entrantagrees to indemnify and hold harmless
Sweepstakes Entities
and the other entities and persons mentioned above to the extent Sweepstakes Entities’ or
their use of entrant’s Entry as prescribed herein is alleged to
infringe on the rights of any third
person or 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 about November 9, 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.The
potential Winner will be notified via email to the email address submitted with his/her Entry, within seventy-two (72)
hours after the
drawing (“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 one (1) attempt; (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/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 November 22, 2018; 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 will award, in Sponsor’s sole discretion,the Prize (defined below) to 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:One (1) Grand Prize
shall consist of: a trip for two (2) to Honolulu, Hawaii to attend the 2018
Billabong Pipe Masters event in Oahu, Hawaii (“Trip”) where Winner and Winner’s guest will
have VIP access to this event(approximate retail value (“ARV”) $250 USD). Trip will also include: (a) 2 round trip
coach tickets for Winner and a guest (ARV $1,500 USD); (b) three (3) nights hotel
accommodations at Turtle Bay(ARV $1,429 USD). Winner will also receive a Billabong
prize pack (ARV
$500 USD)and $400 USD in spending
cash. Flights must originate in the
United States from the closest major airport to the Winner’s
home address (as determined by Sponsor in Sponsor’s sole discretion).Total ARV of the Grand Prize to be
awarded in this Sweepstakes is three thousand eight hundred twenty-nine dollars and zero cents
($3,829 USD). Actual
value may vary based on airfare price fluctuations and distance between departure
location and destination. Air transportation upgrade can be made at travelers’
own expense. The Winner and guest must be available to travel December 8-20,
2018. All expenses, including, without
limitation, meals, gratuities, transportation costs, transportation to and from
departure airport, sales tax, resort fees, hotel taxes, luxury tax and any
other costs or taxes incurred in claiming or using the Grand Prize or any
portion thereof, are the sole responsibility of the Winner. Sponsor reserves the right to make changes or
substitutions to the Prize, including the travel, transportation and
accommodation arrangements, based upon availability.If
Grand Prize Winner elects to partake in any or all portions of his/her Grand
Prize with no guest, the Grand Prize will be awarded to Grand Prize Winner and
any remainder of the Grand Prize for guest will be forfeited and shall not be
subject to further or alternative compensation. All elements of the
Grand Prize must be redeemed at the same time, and no changes will be permitted
after confirmation of any redemption. Grand Prize
Winner and
guest will each be required to execute and
return an Affidavit and Release of Liability form. Guest
must be 18 years of age (or the age of majority in their state of residence,
whichever is older) unless the Grand Prize Winner is such minor guest’s
parent/legal guardian in which case the Grand Prize Winner will be required to
execute an Affidavit and Release of Liability form on behalf of that minor guest,
and on Winner’s own behalf as the parent or legal guardian of such minor guest.Travel
is dependent on availability. All travel must be booked by November 24, 2018 and must be completed by December 22,
2018 or the Grand Prize will be forfeited.
Tickets cannot be
sold, bartered or exchanged and have no cash value. In the event that the
traveler chooses to make changes to the tickets after the ticket has been
confirmed, change fees will apply and will be traveler’s sole responsibility.
If fewer than the allotted tickets are used by November 24, 2018, the surplus
tickets will be forfeited and cannot be used for promotions or any other
purposes. Trade tickets booked under this Sweepstakes are not eligible to
accrue airline frequent flyer miles. Any traveler attempting to accrue frequent
flyer miles for such flights will have any miles earned
for that flight debited
from their miles account without warning or recourse, subject
to all terms & conditions
of the selected airlines miles program. Exact travel dates and reservation
dates are subject to Sponsor’s approval and may be subject to holiday, blackout
dates and other Prize and travel restrictions. Grand Prize Winner and guest
must travel together on the same itinerary and possess all required travel
documents as required by airport, airline and TSA authorities, if and as
applicable. ARV
of Grand Prize may vary depending upon the points of departure, accommodations
and/or airline fare fluctuations; any difference between stated ARV and final
ARV of Grand Prize will not be awarded. Grand Prize consists only of the
elements expressly set forth above; no other elements or expenses (including,
without limitation, insurance, meals, ground transportation, phone calls,
gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Grand
Prize and all such expenses are the sole responsibility of the Winner. Winner is responsible for any air travel and
hotel taxes and/or expenses, including applicable departure taxes or fees,
inspection charges, and security charges. Once issued, air travel tickets are
nontransferable and may not be reissued once travel has commenced. Open air
travel tickets may not be issued and stopovers are not permitted. Any air
transportation upgrades can be made at traveler’s sole expense. Travel
arrangements must be made through Sponsor and Sponsor will select the airline
for travel. All Grand Prize elements must be redeemed at the same time. Sponsor will not replace any lost, mutilated
or stolen tickets. Sweepstakes Entities
shall not be responsible for any cancellations, delays, diversions,
substitutions or any acts or omissions whatsoever by the transportation or
airline companies or any other persons providing any of these services and
accommodations necessitated by same and are not responsible or liable for any
expenses or liabilities incurred as a consequence thereof. Trip may not
be combined with any other offer and travel may not qualify for frequent flyer
miles. Winner and guest are responsible
for obtaining travel insurance (and all other forms of insurance) at their
option and hereby acknowledge that Sponsor has not and will not obtain or
provide travel insurance or any other form of insurance on behalf of Winner or
Guest. SWEEPSTAKES ENTITIES MAKE NO WARRANTIES,
REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS,
GUARANTEES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, 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 the 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.
It is also Winner’s
responsibility to report and pay any income tax liability on the Prize
received, if any, with federal, state, and local jurisdictions. Sponsor will
withhold applicable use tax from Winner that is based on the fair market value
of the Prize received and the effective use tax rate applied to the Winner’s
official residency. 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 the 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 22, 2018, after which an alternate winner will be selected,
and unclaimed Prize awarded. ALL PRIZES ARE AWARDED “AS
IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, BY STATUTE OR
OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE),
AND THE RELEASED PARTIES (AS SUCH PARTIES ARE DEFINED BELOW)
DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, EXPRESS, IMPLIED, BY
STATUTE OR OTHERWISE 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, EXPENSES 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, EVENT 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, each entrant waives 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 SWEEPSTAKES ENTITIES, THEIR
RESPECTIVE ADVERTISING AGENCIES, 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, EVENT 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) A 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 SPONSOR’S WEBSITES 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 (INCLUDING WINNER & GUEST)
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/NO CLASS ACTION SUITS: 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, WINNER, OR GUEST BE PERMITTED TO
OBTAIN AWARDS FOR, AND EACH HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE,
INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL DAMAGES OR ANY OTHER
DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND FURTHER WAIVE ALL
RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS, WINNER, AND GUEST 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.12. 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). By
entering this Sweepstakes, you agree to the use of your personal information as
described in the above Privacy Policy.13. 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: WIN A
TRIP TO THE 2018 BILLABONG PIPE MASTERS SWEEPSTAKES Official Rules/Winner List
Request, GSM (Retail), Inc., 117 Waterworks Way, Irvine, CA 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.14. SPONSOR: GSM (Retail), Inc., 117
Waterworks Way, Irvine, CA 92618TM & © 2018 GSM
(Retail), Inc. All rights reserved.BILLABONG is a
registered trademark of GSM (Operations) Pty Ltd CORPORATION AUSTRALIA.