WIN A TRIP TO THE BILLABONG HAWAII HOUSE SWEEPSTAKES (“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) 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 NOVEMBER 15, 2018 AT 12:00 A.M. PACIFIC STANDARD TIME AND ENDS AS OF JANUARY 15, 2019 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 AND TO LIMIT YOUR DAMAGES AS PROVIDED IN SECTION 11 BELOW. BY ENTERING THIS PROMOTION, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of forty-nine (49) states of the United States (“U.S.”) and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age or the age of majority in their state of residence, whichever is older as of November 15, 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 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 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 November 15, 2018 12 AM Pacific Standard Time (“PST”) and ends as of January 15, 2019, 12 PM PST (the “Sweepstakes Period”). All entries must be received by Sponsor no later than 12 PM on January 15, 2019. 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 Sweepstakes by using one of the following means of entry set forth below. Each entry whether an Online Entry, Store Entry, Mail-in Entry (as each is defined below) shall be considered 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 PM on January 15, 2019, and all Mail-In Entries must be postmarked by January 15, 2019 and received by no later than January 22, 2019.
Free Online Entry: You may submit an online entry to this Sweepstakes by visiting https://billabong.com/mens/blog/events/billabong_hawaii_house_sweeps.html and completing the online entry form during the Sweepstakes Period with your name, date of birth, state of residence, email address and related information (“Online Entry”). Limit one (1) Online Entry per person, per email account, per household during the Sweepstakes Period regardless of method of initial 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 PM PST on January 15, 2019.
Alternative Means of Entry:
Free Store Entry: You may submit a Store Entry by visiting any participating Billabong retail store and completing the store entry form during the Sweepstakes Period with your name, date of birth, state of residence, email address and related information (“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 January 15, 2019.
Free Mail-in Entry for US Residents: 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 and state of residence to 117 Waterworks Way, Irvine, California 92618 Attn: WIN A TRIP TO THE BILLABONG HAWAII HOUSE 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 initial 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 entry. All Mail-In Entries must be postmarked by January 15, 2019 and received by no later than January 22, 2019.
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.
5. GRANT OF RIGHTS: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant 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 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 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 his or her Entry as prescribed herein is alleged to infringe the rights of any third party or person.
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 January 24, 2019 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 Sponsor 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 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 by January 31, 2019; 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 may or may not award, in Sponsor’s sole discretion, a 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 five (5) day, four (4) night trip for Grand Prize Winner and a guest (“Guest”) to Honolulu, Hawaii to stay at the Billabong Team House (“Team House”) on Oahu, Hawaii (“Trip”). Trip will include two (2) round trip coach tickets to Honolulu (approximate retail value (“ARV”) $1,500.00 USD); four (4) nights’ accommodations for Grand Prize Winner and his/her Guest at the Team House (ARV $3,000.00 USD). Total ARV of the Grand Prize to be awarded in this Sweepstakes is four thousand five hundred dollars and zero cents ($4,500.00 USD).
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. A Guest must be 18 years of age (or the age of majority in their state/province 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.
Travel is dependent on availability. All travel must be booked by March 31, 2019 and must be completed by September 30, 2019 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. If fewer than the allotted tickets are used by March 31, 2019, the surplus tickets will be forfeited and cannot be used for promotions or any other purposes. Trade tickets booked under this agreement 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 Grand Prize Winner. Grand Prize Winner is responsible for any air travel 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 Grand Prize Winner’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 companies or any other persons providing any of these services and accommodations necessitated by same and are not responsible or liable for any expenses incurred as a consequence thereof. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize 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 Grand Prize Winner and/or Guest.
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 the Prize, if any, are the sole responsibility of Winner, who will receive a form 1099 reflecting the actual value of the Prize received. Winner and Guest shall 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 and gift tax liability on the Prize received, if any, with federal, state, and local jurisdictions.
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 January 31, 2019, after which an alternate winner may or may not be selected, or 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.
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, 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 (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 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: 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 HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS, 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.
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: TRIP TO THE BILLABONG HAWAII HOUSE SWEEPSTAKES 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 92618
TM & © 2017 GSM (Retail), Inc. All rights reserved.
BILLABONG is a registered trademark of GSM (Operations) Pty Ltd CORPORATION AUSTRALIA.