Reef Hawaiian Pro Golden Ticket Giveaway
NO PURCHASE NECESSARY.
SPONSOR: REEF, A DIVISION OF VF OUTDOOR, INC., CARLSBAD, CA 92008.
1. ELIGIBILITY. Open only to legal residents of the United States, 13 years or older. Employees, officers and directors of Sponsor, Pacific Sunwear of California, Inc., Turtle Bay Resort, their respective parents, affiliates, subsidiaries and agencies, or of any other entities involved in the development, production or implementation of the Giveaway, as well as their immediate families (defined as parents, children, siblings, spouse) and same household members are NOT eligible to participate in the Giveaway or win the prize. Void in Puerto Rico and where prohibited by law. By participating in the Giveaway, you (if a minor in jurisdiction of residence, your parent or legal guardian) agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
2. GIVEAWAY SCHEDULE. Giveaway starts on May 15, 2014 and ends on August 1, 2014, subject to the prize claim deadline of August 15, 2014. But, the Giveaway will end when all game cards have been distributed or the prize has been awarded, whichever occurs first.
3. HOW TO PLAY.
A. Get a game card from a PacSun store employee at any participating PacSun store location. Game cards are available upon request without purchase or obligation, provided supplies last. (Some participating PacSun store locations may deplete their supply of game cards before other store locations.) Limit (1) game card per person. Game card is good only for person receiving it from store employee. Game card is not transferable and any attempted transfer voids game card and may result in disqualification.
B. Scratch off the designated area on the game card. If the game card contains the Double Shakas winner message, you've won the prize, subject to verification.
C. If you like, you may enter the second chance drawing by printing your name, complete residential address, e-mail address, daytime telephone number and age on a 3”x5” card and mailing to: “Attention Sales-Drawing Entry,” 5935 Darwin Court, Carlsbad, CA 92008, for receipt by August 15, 2014. Limit (1) entry per person.
4. PRIZE CLAIM. Mail the original game card (not a copy) along with your name, complete residential address, e-mail address, daytime telephone number and age on a 3”x5” card to “Attention Sales-Prize Claim,” 5935 Darwin Court, Carlsbad, CA 92008, for receipt by August 15, 2014. Do NOT give winning game card to PacSun store employee as they are not authorized to accept prize claims. You are advised to make a copy of the game card for your records prior to submission. Prize claim is void if received after August 15, 2014 for any reason and Sponsor and Pacific Sunwear of California, Inc. shall have no liability for same. Winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) must complete, execute and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within three (3) days of date of prize notification. In the event of noncompliance with this requirement or if winner cannot be contacted for any reason, prize will be forfeited without compensation of any kind. If prize is unclaimed or forfeited, an alternate prize winner will be selected via second chance drawing (see Rule 7 below).
5. PRIZE/ODDS OF WINNING. PRIZE (1) – trip for winner and one guest to Honolulu, HI for the Reef Hawaiian Pro surfing competition, November 12 – 15, 2014. Trip consists of roundtrip coach air travel from airport nearest winner's residence to Honolulu; 4 day/3 night stay at Turtle Bay Resort in Oahu; VIP access for (3) days to the Reef Hawaiian Pro surfing competition (subject to terms/conditions of use provided therewith); $150 Reef.com gift certificate (subject to terms/conditions of use provided therewith). Total Approximate Retail Value of Prize: $6,000. Should actual value of prize be less than stated Approximate Retail Value, winner will not receive the difference in cash. Odds of winning are 1:100,000.
6. PRIZE RESTRICTIONS.
A. Trip must be taken November 12 – 15, 2014; if winner is not available on such dates for any reason, prize will be forfeited and an alternate winner selected via second chance drawing.
B. If winner is a minor in his/her jurisdiction of residence, prize may be awarded to or in the name of winner's parent or legal guardian in Sponsor's sole discretion and winner's guest must be his/her parent or legal guardian. Guest of winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) must sign and return a liability release and a publicity release (where legal), prior to issuance of travel documents. If guest is a minor, he/she may only accompany his/her parent or legal guardian (i.e., the winner) on the trip. If (adult) winner chooses to travel without a guest, prize will be awarded in increments appropriate for one (1) traveler, and winner will not receive any compensation or substitute prize in conjunction therewith. Winner and guest must conduct themselves at all times in a socially responsible, appropriate and well-behaved manner; failure to do so will result in immediate termination of trip for winner and/or guest and Sponsor shall have no further liability to winner and/or guest, as applicable.
C. Trip is subject to availability and other restrictions. Valid photo identification is required for prize travel. Winner and guest must travel together on same itinerary as set by Sponsor in its sole discretion. If winner’s residence is in Oahu, he/she will receive ground transportation instead of air travel; and, winner will not receive any compensation or substitute prize in conjunction therewith.
D. Any expenses related to acceptance and use of prize which are not specified in these Official Rules (e.g., meals, gratuities) as well as all applicable taxes on prize are winner’s sole responsibility. Sponsor shall report winner’s receipt of prize to all applicable governmental authorities as required by law in the form of an IRS 1099 Tax Form. No prize substitution except by Sponsor if advertised prize/prize component is unavailable for any reason, and only then for prize/prize component of comparable value. Prize is not redeemable or exchangeable for cash (except for Reef gift certificate prize element and only where required by law). Prize is not transferable without the express written consent of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind.
7. SECOND CHANCE DRAWING. If prize is not awarded for any reason, Sponsor will select an alternate prize winner via second chance drawing. If necessary, the drawing will consist of all eligible entries received as per Rule 3C above. Drawing will take place on or about August 18, 2014. Winner will be notified by e-mail and/or phone; and, for the avoidance of doubt, winner must comply with Affidavit/Release requirement as set forth in Rule 4 above. Odds of winning prize via second chance drawing depend upon whether prize was claimed in accordance with these Official Rules and the total number of eligible entries received for the second chance drawing.
8. CONDITIONS OF PARTICIPATION. Submission of prize claim and/or second chance drawing entry is the sole responsibility of participant. Sponsor and Pacific Sunwear of California, Inc. disclaim any and all liability for lost, late, incomplete, illegible, damaged, misdirected, stolen prize claims/second chance drawing entries, all of which are void. Sponsor is also not responsible for postage due mail. If submission claimed to be winning game card is determined by Sponsor in its sole discretion to be forged, irregular, mutilated, altered or tampered with in any way whatsoever, prize claim containing same is void and will be rejected (and, person submitting such prize claim is subject to disqualification and/or other sanctions). Prize claim is also void and will be rejected if game card was not obtained through authorized, legitimate channels and from PacSun store employee as per Rule 3 above. The liability of Sponsor and Pacific Sunwear of California, Inc. for a defective or irregular game card is limited to replacement with another randomly selected game card, provided supplies last. Only one (1) prize is available to be won in the Giveaway. Should more than one (1) eligible person submit a valid prize claim due to mechanical, printing, programming or other error of any kind, Sponsor will award only one (1) prize by means of a random drawing from among all eligible prize claimants (assuming that the prize was not previously awarded.)
9. RELEASES. By participating, you (if a minor in jurisdiction of residence, your parent or legal guardian) indemnify, release and agree to hold harmless Sponsor, Pacific Sunwear of California, Inc., Turtle Bay Resort, their respective parent companies, affiliates, subsidiaries, and the directors, officers, agents, shareholders, employees, successors and assigns of any of the above organizations, as well as Facebook and Instagram, from any and all liability arising from the Giveaway, any Giveaway-related activity and/or acceptance, receipt, possession or use/misuse of prize. By accepting the prize, where legal, winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) agrees to the use of winner's name, address (city/state), likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice.
10. LIMITATIONS OF LIABILITY. If, for any reason, Sponsor determines in its sole discretion that the Giveaway (in whole or in part) is not capable of running as originally planned, including without limitation labor dispute, strike, riot, civil commotion, equipment/programming failure or malfunction, tampering/unauthorized human intervention, fraud, fire, flood, storm or other natural cataclysm or any other cause beyond the control of Sponsor which, in Sponsor’s sole discretion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway. In such event, Sponsor will make the prize available to be won in a manner that Sponsor determines in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at all participating PacSun store locations. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. Persons will be disqualified if they tamper with, interfere with the conduct of the Giveaway (including acting in an anti-social or inappropriate manner toward PacSun store employees) or attempt to defraud Sponsor by submitting forged/counterfeit/false prize claims or otherwise. But, disqualification shall not represent the sole remedy available to Sponsor under such circumstances.
11. DISPUTE RESOLUTION/CHOICE OF LAW. Participants (if a minor in jurisdiction of residence, his/her parent or legal guardian) agree that: (i) any claim, dispute or cause of action regarding the Giveaway or these Official Rules shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of California; (ii) they consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action; (iii) their recovery will be limited to actual out-of-pocket costs involved in participating in the Giveaway (if any) and they expressly waive their right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys’ fees for bringing such claim/dispute/cause of action; and (iv) the court shall apply the law of the State of California in adjudicating any such claim/dispute/cause of action, except for the choice of law/conflict of law rules of California (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than California).
12. WINNER'S LIST. For first name, last initial and address (city, state) of prize winner, send an email to Reef_Sales@vfc.com with “PacSun Golden Ticket Giveaway” in the subject line. Requests must be received by August 30, 2014 at 6:00 a.m. PST.
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