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OFFICIAL RULES

BILLABONG x ISLA HOLBOX HOTEL CASA LAS TORTUGAS 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 FEBRUARY 4, 2019 AT 12:00 AM PACIFIC STANDARD TIME AND ENDS AS OF MARCH 11, 2019 AT 11:59 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 February 4, 2019 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, 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 February 4, 2019 12:00 AM Pacific Standard Time (“PST”) and ends as of March 11, 2019, 11:59 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 Sweepstakes by using one of the following means of entry written below. Each entry whether an Online Entry or 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 must be received by no later than 11:59 PM on March 11, 2019, and all Mail-In Entries must be postmarked by March 11, 2019 and received by Sponsor no later than March 18, 2019.

Free Online Entry: You may submit an online entry to this Sweepstakes by visiting https://billabong.com/womens/blog/events-giveaways/BILLABONG-x-ISLA-HOLBOX-HOTEL-CASA-LAS-TORTUGAS-SWEEPSTAKES.html and completing the online entry form during the Sweepstakes Period with your name, date of birth, 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 11:59 PM PST on March 11, 2019.

 

Alternative Means of Entry:

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: BILLABONG x ISLA HOLBOX HOTEL CASA LAS TORTUGAS 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. All Mail-In Entries must be postmarked by March 11, 2019 and received by no later than March 18, 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 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 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, 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 entrant represents and warrants that he or she has full legal right, power and authority to grant Sweepstakes 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 Entry in order to grant such a license.  Each entrant agrees 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.

 

6SELECTION 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 March 20, 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 March 29, 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 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) hotel accommodations for three (3) nights at ISLA HOLBOX HOTEL CASA LAS TORTUGAS plus breakfast for up to two guests (approximate retail value (“ARV”) $ 700 USD) (“Trip”); (b) a $250 Gift card redeemable at Billabong.com (ARV $250 USD); and (c) a $1000 Travel Voucher (ARV $1000 USD). Trip includes hotel accommodations and the above items only.  The Trip does not include airplane tickets or other travel expenses or accommodations all of which shall be the sole responsibility of Winner. Total ARV of the Grand Prize to be awarded in this Sweepstakes is one thousand nine-hundred fifty dollars and zero cents ($1950 USD). The Prize is not available on the following dates: (a) from December 10, 2019-January 15, 2020; and (b) from April 12-28, 2019. Prize must be used before September 1, 2019. All expenses, including, without limitation, air transportation, 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 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.

Hotel is dependent on availability. All hotel accommodations must be completed by September 1, 2019 or the Grand Prize will be forfeited.  Exact reservation dates are subject to Sponsor’s approval and may be subject to holiday, blackout dates and other Prize, travel and hotel restrictions.

ARV of Grand Prize may vary depending upon hotel accommodations; 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, airplane tickets, 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 reserved, hotel accommodations are nontransferable and may not be rescheduled. Any hotel accommodation upgrades can be made at Winner’s sole expense.  Hotel accommodations must be made through ISLA HOLBOX HOTEL CASA LAS TORTUGAS. All Grand Prize elements must be redeemed at the same time. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions, substitutions or any acts or omissions whatsoever by the hotel 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. 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 March 29, 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.

 

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, WINNER AND GUEST 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, EXPENSES, LIABILITIES, 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, 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, WINNER AND 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 OR OTHERWSE RELATE TO: (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.  NEITHER SPONSOR, ENTRANTS, WINNER, OR GUEST SHALL 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: BILLABONG x ISLA HOLBOX HOTEL CASA LAS TORTUGAS SWEEPSTAKES Official Rules/Winner List Request, Burleigh Point, Ltd DBA Billabong USA, 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: Burleigh Point, Ltd DBA Billabong USA, 117 Waterworks Way, Irvine, CA 92618

TM & © 2018 Burleigh Point, Ltd DBA Billabong USA. All rights reserved.

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

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