“Win a Trip to the 2019 Billabong Pipe Masters” Sweepstakes
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
- Sweepstakes Timing: The “Win a Trip to the 2019 Billabong Pipe Masters” Sweepstakes (the “Sweepstakes”) begins at 12:00 A.M. Pacific Time on October 1, 2019 and ends at 11:59 P.M. Pacific Time on October 31, 2019 (the “Sweepstakes Period”). The time shall be determined by the timekeeping systems of Burleigh Point, Ltd. (“Sponsor”), and Sponsor may also rely on the time processing functions of third parties. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction relating to the Sweepstakes.
- Eligibility: Participation in the Sweepstakes constitutes entrant’s full and unconditional acceptance of these Official Rules (these “Official Rules”). The Sweepstakes is solely open to legal residents of forty-nine (49) states of the United States and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations) and Canada (excluding Quebec), who are 18 years of age or older or the age of majority in their state or province of residence, whichever is older at the time of entry, who are available to travel to and from and attend the Event (as defined below in Section 6) from December 8, 2019 through December 20, 2019. Employees, agents, directors, managers or officers of Sponsor or any of their respective direct or indirect parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies or prize suppliers, including, without limitation, vendors providing services in connection with the Sweepstakes (all of the foregoing, collectively with Sponsor, the “Sweepstakes Entities”), and members of the immediate family (including, without limitation, any spouse, partner, parent, grandparent, sibling, child or grandchild, in each case, whether related by blood, adoption, marriage, civil partnership or cohabitation) of, and those living in the same household as, any such employee, agent, director, manager or officer, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, provincial and local laws, rules and regulations. Any entrant under the age of majority in the jurisdiction in which such entrant resides must have his or her parent’s or legal guardian’s express permission to participate in the Sweepstakes in order to be eligible to participate in the Sweepstakes, and such parent or legal guardian must read and consent to the terms and conditions of these Official Rules. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- How to Enter: To enter during the Sweepstakes Period, use one of the following means of entry set forth below. Each entry whether an Online Entry, Free In-Store Entry or Mail-in Entry (as each is defined below) shall be considered an “Entry” under the Sweepstakes and all such entries shall together constitute “Entries” under the Sweepstakes. All Online Entries and Free In-Store Entries must be received by no later than 11:59 PM on October 31, 2019, and all Mail-In Entries must be postmarked by October 31, 2019 and received by no later than 11:59 PM on November 7, 2019.
Free Online Entry: You may submit an online entry to the Sweepstakes by visiting https://billabong.com/mens/blog/events/Win-a-Trip-to-the-Billabong-Pipe-Masters.html 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. Sponsor is not responsible for lost, late or misdirected entries or entries not received, regardless of cause. 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 11:59 PM on October 31, 2019.
Alternative Means of Entry:
Free In-Store Entry: You may submit an entry in Sponsor’s stores 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 (“Free In-Store Entry”). Limit one (1) Free In-Store Entry per person per email account per household during the Sweepstakes Period regardless of method of entry. Sponsor is not responsible for lost, late or misdirected entries or entries not received, regardless of cause. Any attempts by an entrant to submit more than one (1) Free In-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 Free In-Store Entry will be deemed submitted by the authorized account holder of the email address submitted with the Entry. All Free In-Store Entries must be received by no later than 11:59 PM on October 31, 2019.
Free Mail-in Entry: You may submit an entry by mail (“Mail-in Entry”) to the 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: 5600 Argosy Cir., #100, Huntington Beach, California 92649 Attn: “Win a Trip to the 2019 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. Sponsor is not responsible for lost, late or misdirected entries or entries not received, regardless of cause. 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. All Mail-In Entries must be postmarked by October 31, 2019 and received by no later than November 7, 2019.
- Winner Selection/Odds of Winning: The winner of the Sweepstakes will be selected in a random drawing conducted by Sponsor or its designee, on or about November 9, 2019 based on eligible entries submitted during the Sweepstakes Period. The winner’s name may be posted on the Sponsor’s website or Billabong Instagram page. Chances of winning a prize is dependent upon the number of eligible entries received during the Sweepstakes Period.
- Winner Notification: The potential winner will be notified by email and/or phone call from Sponsor or its designee on or about November 9, 2019. The potential winner must respond to the notification message and provide all requested information within forty-eight (48) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. To claim any prize, Sponsor will require the winner of the Sweepstakes to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security number and/or other personally identifiable information, and may need to be notarized, before claiming any prize and/or prior to entrance to the Event. In addition, a potential winner from Canada, if any, will be required to correctly answer a mathematical skill-testing question without aid or assistance before being declared a winner. All required documents must be completed and returned to Sponsor or its designee within eight (8) days following the date and time listed on the documents. At Sponsor’s sole and absolute discretion, the winner may be required to produce a picture identification card or some other form of proper identification to claim any prize and/or for entrance into the Event. Sponsor reserves the right to substitute any prize with a prize of equal or greater value. If the potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate winner via random drawing from among the remaining eligible entries or such alternate method as determined by Sponsor, in its sole discretion. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
- Prizes and Approximate Retail Values (“ARVs”): One (1) grand prize (“Grand Prize”) will be awarded in this Sweepstakes to one (1) winner (“Winner”).
The Grand Prize shall consist of: a trip for two (2) to Honolulu, Hawaii (“Trip”) to attend the 2019 Billabong Pipe Masters event in Oahu, Hawaii (“Event”) where Winner and Winner’s guest will have VIP access to this event (ARV $250 USD). Trip will also include: (a) 2 round trip coach tickets for Winner and 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 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). Air transportation upgrade can be made at travelers' own expense. Winner and guest must be available to travel December 8-20, 2019. All expenses, including, without limitation, meals, gratuities, transportation costs, transportation to and from departure airport, airline baggage fees, sales tax, resort fees, hotel taxes, luxury tax, surcharges and any other costs or taxes incurred in claiming or using the Grand Prize or any portion thereof, are the sole responsibility of Winner. Sponsor reserves the right to make changes or substitutions to the Grand Prize, including the travel, transportation and accommodation arrangements, based upon availability.
If Winner elects to partake in any or all portions of his/her Grand Prize with no guest, the Grand Prize will be awarded to 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. Winner and guest will each be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release form. Guest must be 18 years of age (or the age of majority in their state of residence, whichever is older) unless Winner is such minor guest’s parent/legal guardian in which case Winner will be required to execute an Affidavit of Eligibility and Liability/Publicity Release form on behalf of that minor guest, and on Winner’s own behalf as the parent or legal guardian of such minor guest. In the event that Winner is unable to travel to and attend the Event during the stipulated period then they forfeit the entire prize with no further compensation or further liability of the Sponsor. Sponsor may thereafter select an alternate winner via random drawing from among the remaining eligible entries or such alternate method as determined by Sponsor, in its sole discretion.
Travel is dependent on availability. All travel must be booked by November 24, 2019 and must be completed by December 22, 2019 or the Grand Prize will be forfeited. The Grand Prize cannot be sold, bartered or exchanged and have no cash value. In the event that the traveler chooses to make changes to any Grand Prize tickets after such tickets have been confirmed, change fees will apply and will be traveler’s sole responsibility. If fewer than the allotted tickets are used by November 24, 2019, the surplus tickets will be forfeited and cannot be used for promotions or any other purposes. Trade tickets booked under the 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 Grand Prize and travel restrictions. Winner and guest must depart from and return to the same departure point and travel together on the same itinerary. Travel arrangements to and from the winner’s home and the airport of departure do not form part of the prize and are the responsibility of Winner. Winner and guest shall possess all required travel documents and identification as required by airport, airline, TSA authorities, security and governmental agencies, 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, drinks, mini-bar, laundry, room service, phone calls, gratuities, services charges, incidentals, souvenirs, gasoline, passports, activities or excursions and all other ancillary costs, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of Winner. A credit card imprint or cash deposit may be required from Winner at time of accommodation check-in to cover incidental charges. In the event Winner’s residence is close enough to the destination such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable prize will not include air transportation from winner’s residence and no other substitution or compensation will be provided in lieu thereof. Winner is responsible for any air travel and hotel taxes and/or expenses, including applicable departure taxes or fees, surcharges, 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. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. Flights are subject to the fare rules and General Conditions of Carriage of the relevant carrier. 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, rescheduling of flights 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 costs, expenses or liabilities incurred (including, without limitation, accommodation costs) as a consequence thereof. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. 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 GRAND PRIZE FURNISHED IN CONNECTION WITH THE SWEEPSTAKES.
All expenses not specifically mentioned herein and all expenses Winner may reasonably incur in receiving or using the Grand Prize are not included as part of the Grand Prize, and are solely Winner’s responsibility.
All taxes on the Grand Prize, if any, are the sole responsibility of Winner, who will receive a form 1099 reflecting the actual value of the Grand 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 Grand Prize. It is also Winner's responsibility to report and pay any income tax liability on the Grand 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 Grand Prize received and the effective use tax rate applied to the Winner’s official residency.
Winner may need to submit a valid U.S. or Canadian address (no P.O. boxes) to Sponsor for shipment of the Grand Prize to Winner. The Grand Prize will only be shipped to a valid U.S. or Canadian address. Winner bears all risk of loss or damage to the Grand Prize after it is placed by Sponsor with a third party common carrier for shipment to Winner. The Grand 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 Grand Prize for one of equal or greater value if the designated Grand Prize should become unavailable for any reason. The Grand Prize will not be replaced if lost or stolen and is not redeemable for cash, unless required by law. The Grand Prize will be awarded provided it is validly claimed by November 22, 2019, 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.
- General Terms: Decisions of Sponsor on all matters relating to the Sweepstakes are final and binding. All federal, state, provincial, local and other taxes related to the prizes are the sole responsibility of the winner. The Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. The Sweepstakes Entities are not responsible for, including but not limited to, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Sweepstakes and to disqualify any entrant for any reason, in its sole discretion, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to select the winner from among all eligible entries. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Releases: By entering the Sweepstakes, you (or your parent/guardian if you are under the age of majority in your jurisdiction of residence) agree to release, discharge and hold harmless Sponsor, each of the other Sweepstakes Entities, and each of their respective directors, officers, shareholders, partners, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in the Sweepstakes or any Sweepstakes-related activities (including, without limitation, events, travel, etc.) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any non-compliance by you with these Official Rules, acceptance, possession, misuse or use of any prize, malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information, or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.
- Disputes: Except where prohibited, each entrant (and entrant’s parent/guardian if entrant is under the age of majority in such entrant’s jurisdiction of residence) agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winner List: To obtain the winner’s name, send a self-addressed, stamped envelope to: “Win a Trip to the 2019 Billabong Pipe Masters” Sweepstakes, c/o Burleigh Point, Ltd., 5600 Argosy Circle, #100, Huntington Beach, CA 92649, with a written request by April 30, 2020.
- Third Party Platforms: The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram (collectively, the “Social Network”). By participating, each entrant (and entrant’s parent/guardian if entrant is under the age of majority in such entrant’s jurisdiction of residence) agrees to release the Social Network and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents and advertising agencies from and against any and all injury, loss or damage caused or claimed to be caused by entrant’s entry or participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize.