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#GiveBillabong Sweepstakes 2018 (“Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. THIS SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE FORTY-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 AT THE TIME OF ENTRY. THE SWEEPSTAKES PERIOD BEGINS AT 12 AM PACIFIC STANDARD TIME ON THE PROMOTION START DATE SET FORTH IMMEDIATELY BELOW AND ENDS AT 11:59 PM PACIFIC STANDARD TIME ON THE PROMOTION END DATE SET FORTH BELOW. VOID WHERE PROHIBITED BY LAW. BY ENTERING THIS SWEEPSTAKES, EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO THE LIMITATION ON REMEDIES PROVISION IN SECTION 13 BELOW AND TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION IN CALIFORNIA AS PROVIDED IN SECTION 12 BELOW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
PROMOTION START DATE:
November 5, 2018
PROMOTION END DATE:
December 2, 2018
The Prize shall consist of 2 identical prize packs awarded each week, one to Winner and one to the Instagram friend Winner tagged.
The prize packs shall consist of the following items:
For Week 1: 1 Sun Bum + Billabong Sweater, 1 Billabong Bikini, and 1 Billabong shorts.
For Week 2: 1 Kopari Beauty Bestie Box, 1 Billabong Backpack, 1 Billabong Bikini, and 1 Billabong Jumper.
For Week 3: Ouai Hair Products, 1 Billabong Top + Pant, 1 Billabong Bikini, 1 Billabong hat, 1 Billabong tshirt
For Week 4: Tula Billabong Snow Pants, 1 Billabong Snow Jacket, and 1 Billabong beanie.
The approximate retail value (“ARV”) of each prize pack is $150 USD.
The total prize value for this Sweepstakes is $600 USD.
A total of 4 Winners will be selected for this Sweepstakes.
2. ELIGIBILITY: The 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 as of the PROMOTION START DATE with access to the internet at all times during the Sweepstakes Period (as defined below) and subsequent Prize Award Period (as defined below). Burleigh Point Ltd. DBA Billabong USA (“Billabong” or “Sponsor”) and its parents, subsidiaries, affiliates, sales representatives, distributors, licensees, partners, representatives, agents, and prize suppliers (all of the foregoing together with Sponsor, collectively referred to as “Sweepstakes Entities”), suppliers, printers, advertising and promotional agencies, and each of their respective employees, officers, directors 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 the PROMOTION START DATE at 12:00 A.M. Pacific Standard Time (“PST”) and ends as of PROMOTION END DATE, 11:59 p.m. PST (the “Sweepstakes Period”). Winners will be selected from all eligible entries properly submitted pursuant to these Official Rules during the Sweepstakes Period. Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes.
4. SWEEPSTAKES ENTRY INSTRUCTIONS:
During the Sweepstakes Period, you may enter this Sweepstakes by using the following means of entry set forth below. Each entry, whether an Online Entry or Mail-in Entry (as defined below) together with any content submitted shall be considered an “Entry” under this Sweepstakes and all such entries shall together constitute “Entries” under this Sweepstakes. All Entries must be received by the deadlines indicated below.
Online Entry for US Residents: During the Sweepstakes Period you may enter this Sweepstakes by taking the following action: STEP 1: Follow Sponsor's Instagram feed at @BillabongWomens (the "Instagram Feed") where Sponsor will post a still photo of the Prize to be awarded in this Promotion; STEP 2: You must then tag your friend (STEP 1 and 2 comprise the “Online Entry”) Limit three (3) Entries per person, per week, per Instagram account, per household during the Sweepstakes Period regardless of method of entry. Any attempts by an entrant to submit more than three (3) Entries per person, per week, per Instagram account, per household during the Sweepstakes Period regardless of method of entry will result in such entrant being disqualified. You must set your Instagram profile to public in order to participate in this Sweepstakes and so that Sponsor can view your Online Entry. Each Online Entry will be deemed submitted by the authorized account holder of the Instagram account used in the Entry.
As written above, you can tag up to three friends for a maximum of three possible entries each week. The tagged person can be your friend who you reasonably believe would welcome your communication over Instagram. You should not tag -- and we do not encourage you to tag -- a mere acquaintance or stranger and any such entries will be disqualified from this Sweepstakes.
The friends you tag must also meet the eligibility requirements of this Sweepstakes - must be 18 years of age or older and living in the eligible states listed in the opening paragraphs of these Official Rules.
This Sweepstakes will be recurring on a weekly basis and will run for a total of 4 weeks beginning every Monday and ending the following Sunday. Each week, entrants will have a new chance to enter the Sweepstakes. All Online Entries must be received according to the following schedule:
For Week 1: Entry period begins November 5, 2018 and ends November 11, 2018.
For Week 2: Entry period begins November 12, 2018 and ends November 18, 2018.
For Week 3: Entry period begins November 19, 2018 and ends November 25, 2018.
For Week 4: Entry period begins November 26, 2018 and ends December 2, 2018.
Important Notice: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your carrier. Please consult your wireless service provider regarding your pricing plan. You may use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill.
Alternative Means of Entry:
Free Mail-in Entry: During the Sweepstakes Period, 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 and include the official name of the promotion as written at the beginning of these Official Rules. Limit three (3) entries per person, per week, per email account, per household during the Sweepstakes Period regardless of method of entry. Any attempts by an entrant to submit more than three (3) entries per person, per week, 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 received according to the following schedule:
For Week 1: Entry period begins November 5, 2018 and entries must be postmarked by November 11, 2018 and received no later than November 16, 2018.
For Week 2: Entry period begins November 12, 2018 and entries must be postmarked by November 18, 2018 and received no later than November 23, 2018.
For Week 3: Entry period begins November 19, 2018 and entries must be postmarked by November 25, 2018 and received no later than November 30, 2018.
For Week 4: Entry period begins November 26, 2018 and entries must be postmarked by December 2, 2018 and received no later than December 7, 2018.
Each Mail-in Entry will be deemed submitted by the authorized account holder of the email account included with the Mail-in Entry.
Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.
By submitting an Entry, you acknowledge and agree that Sponsor is, and shall remain at all times, the owner of the photos on its Instagram Feed (including the associated copyrights in such photos).
All Entries become the property of Sponsor and may not be acknowledged or returned. Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will Entries that violate copyright laws or infringe on any third party rights. Multiple Entries by an individual person in excess of the preceding limitations or mass entry attempts will result in disqualification of the person and void all Entries related to such conduct. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Entries must comply with all applicable laws, rules, and regulations. In case of a dispute over the identity of an entrant submitting an Online Entry, the authorized account holder of the Instagram account, as applicable, used to enter this Sweepstakes will be deemed to be the entrant. For Online Entries, an “authorized account holder” is defined as the natural person who is assigned to the Instagram account submitting the Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. In case of a dispute over the identity of an entrant submitting a Mail-in Entry, the authorized account holder of the email account, as applicable, used to enter this Sweepstakes will be deemed to be the entrant. For Mail-in Entries, an “authorized account holder” is defined as the natural person who is assigned to the email account submitting the Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. By submitting an Entry, you (1) give Sweepstakes Entities the right to publish your Entry, including your name and other content submitted as part of your Entry, on the Sponsor’s websites and/or other public websites including Sponsor’s social media accounts; and (2) assign all ownership rights to the Sponsor and all usage rights to your Entry to the Sweepstakes Entities.
5. GRANT OF RIGHTS: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Winner (as defined below) by accepting the Prize irrevocably grants to Sweepstakes Entities and their affiliates, legal representatives, assigns and licensees, a non-exclusive, perpetual, worldwide license to publish, broadcast, display, store, reproduce, distribute, modify and/or otherwise use the Sweepstakes entrant’s name, address (city and state), biographical material, voice, performance, likeness, photos, images, illustrations, artwork and other content and material submitted by entrant as part of the Entry (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity, without additional notice, review, compensation, permission or approval. Each entrant represents and warrants that he or she has full legal right, power and authority to grant Sweepstakes Entities the foregoing license and if applicable, has secured all necessary rights from any participants in, and contributors to, his or her Entry in order to grant such a license. Each entrant agrees to indemnify and hold harmless Sweepstakes Entities to the extent Sweepstakes Entities’ use of entrant’s Entry as prescribed herein is alleged to infringe on the rights of any person, entity or third party.
6. SELECTION OF SWEEPSTAKES WINNER: A total of four (4) potential winners (each a “Winner” and collectively, “Winners”) will be selected for this Sweepstakes. One (1) Winner will be selected from all eligible entries received during the Promotion Period in random drawings to be held at Sponsor’s office in Irvine, California on or around the following dates:
For Week 1 Entry Period: Winner will be selected by random drawing on or around November 19, 2018.
For Week 2 Entry Period: Winner will be selected by random drawing on or around November 26, 2018.
For Week 3 Entry Period: Winner will be selected by random drawing on or around December 3, 2018.
For Week 4 Entry Period: Winner will be selected by random drawing on or around December 10, 2018.
Winners need not be present. Odds of winning will depend on the number of eligible entries received during the applicable entry period.
Each Winner’s tagged friend will also receive a Prize. In order to receive the Prize, the tagged friend must also meet the eligibility requirements set forth in these Official Rules and must agree to be bound by the terms of these Official Rules and may be required to execute and return a notarized Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission, if and as applicable.
The first Winner will be notified either by “direct message” on his/her Instagram account or by email if the Winner submitted his or her entry by mail. Potential Winners will be notified within seventy-two (72) hours after being selected as a potential Winner ("Prize Award Period"). Each potential Winner will be asked to email a Billabong representative and will be provided a specific email address to contact for Prize details. Sponsor’s decisions on all matters relating to the Sweepstakes shall be final and binding in all respects. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) a potential Winner’s failure to respond to Winner notification by Instagram or 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) 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 within 14 days of being notified as a potential Winner; (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 the Prize in Sponsor’s sole discretion to an alternate Winner.
7. PRIZE: A total of eight (8) prizes (individually, a “Prize” or collectively, “Prizes”) will be awarded in this Sweepstakes, one Prize to the Winner selected by random drawing and a second Prize to the tagged friend of the Winner.
The Winner and tagged friend receiving a Prize will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release and such other documents as requested by Sponsor.
SWEEPSTAKES ENTITIES MAKE NO WARRANTIES OR CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE CONCERNING THE PRIZES OR ANY PORTION OF THE PRIZES FURNISHED IN CONNECTION WITH THIS SWEEPSTAKES.
All expenses not specifically mentioned herein and all expenses Winners may reasonably incur in receiving or using the Prizes are not included as part of the Prize, and are solely each Winner’s responsibility. All taxes on each Prize, if any, are the sole responsibility of each Winner, who will receive a form 1099 reflecting the actual value of the Prize received, if applicable. Winners shall be required to provide their social security number or tax payer ID number to Sponsor in order to claim the Prize. Each Winner may need to submit a valid U.S. address (no P.O. boxes) to Sponsor for shipment of the Prize to the Winner. Prizes will only be shipped to a valid U.S. address. Winners bear all risk of loss or damage to their Prize after Prizes are placed by Sponsor with a third party common carrier for shipment to Winners. Prizes are 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. Prizes will not be replaced if lost or stolen and are not redeemable for cash, unless required by law. Prizes will be awarded provided they are validly claimed within 14 days of a potential Winner being notified, after which an alternate Winner will be selected and the unclaimed Prize will be awarded.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS, IMPLIED, STATUTORY 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 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 agree to be bound by these Official Rules, the terms and conditions of the Sponsor’s websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. LIMITATION OF LIABILITY: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE 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 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) 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 Winners. 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 Winners 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 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, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL FEES) AND EXPENSES OF ANY KIND THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) THE SWEEPSTAKES; (2) RECEIPT, USE, MISUSE OR REDEMPTION OF 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. CHOICE OF LAW: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW DOCTRINE OF ANY JURISDICTION.
12. DISPUTES: THE FORUM AND VENUE FOR ANY DISPUTE RELATING THERETO SHALL BE IN ORANGE COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM RELATING TO SUCH DISPUTE (“CLAIM”) IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS, SUBJECT TO APPLICABLE LAWS IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA.
13. LIMITATIONS ON REMEDIES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES INCURRED, BUT SHALL IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, 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. ENTRANTS AND WINNERS SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
14. NO CLASS ACTIONS. FOR THE AVOIDANCE OF DOUBT, UNLESS PROHIBITED BY LAW ALL DISPUTES AND CLAIMS SHALL BE RESOLVED INDIVIDUALLY, IN ACCORDANCE WITH THESE OFFICIAL RULES AND WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
15. INSTAGRAM RELEASE: ALL ENTRANTS AS A CONDITION OF ENTRY INTO THE PROMOTION, AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS, INSTAGRAM, INC. FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS, DEMANDS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH: (A) ACCESSING INSTAGRAM; (B) SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE PROMOTION; (C) THE RECEIPT, ACCEPTANCE, OWNERSHIP OR USE, MISUSE, OR LOSS OF ANY PRIZE AWARDED; OR (D) ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR THE ANNOUNCEMENT OF THE OFFERING OF THE PRIZE OR NOTIFICATION OF THE WINNERS.
17. RULES/WINNERS’ LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winners (after Sweepstakes Period closes), send a self-addressed stamped envelope to: Billabong Sweepstakes Official Rules/Winner List Request, Burleigh Point Ltd. d/b/a Billabong USA, 117 Waterworks Way, Irvine California 92618 and be sure to include the official name of this promotion with your request. Requests for Winners' lists must be received no later than six (6) months after the end of the Sweepstakes Period. Vermont residents may omit postage.
18. SPONSOR: Burleigh Point, Ltd. d/b/a Billabong USA, 117 Waterworks Way, Irvine California 92618.
BILLABONG is a registered trademark of GSM (Operations) Pty Ltd CORPORATION AUSTRALIA.
INSTAGRAM is a registered trademark of Instagram, Inc. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
TM & © 2018 Burleigh Point Ltd d/b/a Billabong USA. All rights reserved.