FLIP IT GOOD INSTAGRAM CONTEST OFFICIAL RULES Please select your region: USA AUSTRALIA CANADA EUROPE OFFICIAL RULES & REGULATIONS – USA & AUSTRALIA Billabong FLIP IT GOOD Instagram Contest NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA AND AUSTRALIA WHO HAVE ATTAINED THE AGE OF 18 AS OF THE START OF THE CONTEST. 1. SPONSOR: The sponsor of the Billabong Flip it Good Contest is Burleigh Point, Ltd. which does business as Billabong USA and its associated entities (collectively "Sponsor") with offices at 117 Waterworks Way, Irvine, CA 92672. 2. CONTEST PRIZES: Three (3) entrants will be selected as winners. Each winner will receive a $300 USD gift card as determined by Sponsor (see section 7 below for restrictions and conditions). The total approximate retail value of the prizes is $900 USD. Sponsor reserves the right to substitute any or all of the prizes with an article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred. 3. HOW TO ENTER / USE OF PERSONAL INFORMATION: TO ENTER YOU MUST COMPLETE THE FOLLOWING STEPS: 1. Follow @BillabongWomens on Instagram. 2. Take a photo of yourself doing a hair flip. 3. Upload the photo to Instagram with the tag @BillabongWomens #FlipItGood. BY APPLYING, ENTRANTS AGREE THAT SPONSOR MIGHT FEATURE THEIR NAMES AS WINNERS ON THE BILLABONG INSTAGRAM, FACEBOOK FAN PAGE, BLOG, AND TWITTER. BY ENTERING THE CONTEST YOU AGREE TO BE BOUND BY THE TERMS OF BILLABONG’S PRIVACY POLICY, WHICH YOU CAN FIND AT THIS LINK: http://us.billabong.com/womens/blog/post/privacy-policy?id=16 4. ELIGIBILITY: No purchase necessary to enter or win. The Contest is open to residents of the United States and Australia. There is no limit to the number of photos an entrant may submit. Each photo, in its entirety, must be a single work of original material taken by the entrant. By entering this contest, you represent, acknowledge and warrant that each submitted photo is an original work created solely by you, that each photo does not infringe on the copyright, trademark, moral right, right of privacy/publicity, or any other intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in or to each photo. Each photo must not, in the sole discretion of Sponsor, contain obscene, defamatory, or otherwise objectionably or inappropriate content. Void where prohibited by law. Winners may make no substitution of prize. 5. SCHEDULE: The Contest begins on August 21, 2013, 12:00 a.m. PST; all entries must be received by September 3, 2013, 11:59 p.m. PST (the “Contest Period”). Winners will be announced via instagram direct message. Contestants may enter the contest via instagram anytime during the Contest Period. 6. SELECTION PROCESS: Winners will be selected on or about September 4, 2013 based on the judges review of all entries and their selection of entries based on the judging criteria set forth below. This contest is a skill-based contest and chance plays no part in the determination of the winners. By participating, all entrants agree that the selection of the winners and all decisions of Sponsor are final and binding on all matters related to the Contest, and release Sponsor from all liability, loss or damage concerning the Contest. Sponsor’s decision will be final and binding in all respects. In the event that Sponsor cannot reach any winner within fourteen (14) days of the initial winner announcement, Sponsor will have the right to select a new winner according to these rules. Additionally, if a winner is ineligible for any reason, it will be deemed as if the winner has rejected the prize, and Sponsor will select a new winner. 7. ADDITIONAL RESTRICTIONS AND CONDITIONS: By submitting a photo for the contest each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor; (b) to release and hold harmless Sponsor and Sponsor’s partners (if any), their affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies and other service providers and advisors, from any and all liability with respect to acceptance, possession or use (or misuse) of the prizes or participation in the contest, including any adverse, unintended, or otherwise undesired physical or emotional impacts resulting from or associated with their participation; and (c) to permit Sponsor to use the entrant’s name, likeness, biographical information and the winning photo for promotional purposes. 8. RIGHT TO TERMINATE CONTEST: Sponsor reserves the right to terminate this contest if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the contest, as determined by Sponsor in its sole discretion. Sponsor may, at its sole discretion, disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this contest. Without limitation to the foregoing, if this contest or any web site associated therewith (or any portion thereof) becomes corrupted, or otherwise does not permit entry in the contest, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsors’ sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this contest or any portion thereof. Any attempt by a contestant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. 9. NOT RESPONSIBLE FOR TECHNICAL PROBLEMS OR IMPROPER SUBMISSIONS: Sponsor will not be responsible for lost, stolen, delayed or misdirected entries, incorrect or inaccurate transcription of entry information, technical malfunctions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to contestant’s or any other person’s computer related to or resulting from participation or downloading any materials in this contest. Illegible, incomplete or inaccurate entries will be void. 10. TAXES: Federal, state and local taxes are the sole responsibility of the winners. 11. WINNERS LIST: Billabong will post the winners and their photos through Billabong’s social media outlets, including the instagram, Facebook, Twitter, the Billabong website and/or blog within two weeks of the contest ending. The announcement of the winners will not be made available by mail. 12. COPY OF THE RULES: To obtain a copy of the rules please send a separate, self-addressed stamped envelope to Billabong Flip It Good Official Rules: 117 Waterworks Way, Irvine, CA 92618. 13. APPLICABLE LAW: This Contest is subject to all applicable federal, state, and local laws and regulations of the United States with venue in Orange County in the State of California. OFFICIAL RULES - CANADA Billabong FLIP IT GOOD Instagram Contest NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN THE PROVINCE OF QUEBEC AND WHERE PROHIBITED BY LAW. 1. SPONSOR: The sponsor of the Billabong Flip it Good Contest is Burleigh Point, Ltd. which does business as Billabong USA and its associated entities, including GSM (Canada) Pty Ltd (collectively "Sponsor") with offices at 117 Waterworks Way, Irvine, CA 92672 and 5825 Kieran St. Laurent, Quebec H45 OA3, Canada, respectively. 2. CONTEST PRIZES: Three (3) entrants will be selected as winners. Each winner will receive a $300 USD gift card as determined by Sponsor (see section 7 below for restrictions and conditions). The total approximate retail value of the prizes is $900 USD. Sponsor reserves the right to substitute any or all of the prizes with an article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred. 3. HOW TO ENTER / USE OF PERSONAL INFORMATION: TO ENTER YOU MUST COMPLETE THE FOLLOWING STEPS: 1. Follow @BillabongWomens on Instagram. 2. Take a photo of yourself doing a hair flip. 3. Upload the photo to Instagram with the tag @BillabongWomens #FlipItGood. BY APPLYING, ENTRANTS AGREE THAT SPONSOR MIGHT FEATURE THEIR NAMES AS WINNERS ON THE BILLABONG INSTAGRAM, FACEBOOK FAN PAGE, BLOG, AND TWITTER. BY ENTERING THE CONTEST YOU AGREE TO BE BOUND BY THE TERMS OF BILLABONG’S PRIVACY POLICY, WHICH YOU CAN FIND AT THIS LINK: http://us.billabong.com/womens/blog/post/privacy-policy?id=16 4. ELIGIBILITY: No purchase necessary to enter or win. This Contest is open to legal residents of Canada who have reached the age of majority in their province/territory of residence at time of entry but excluding residents of Quebec and excluding employees of the Contest Sponsor, their respective parent, affiliated and related companies, representatives, dealers and agents, Contest suppliers and judges, and those with whom such excluded individuals are domiciled. There is no limit to the number of photos an entrant may submit. Each photo, in its entirety, must be a single work of original material taken by the entrant. By entering this contest, you represent, acknowledge and warrant that each submitted photo is an original work created solely by you, that each photo does not infringe on the copyright, trademark, moral right, right of privacy/publicity, or any other intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in or to each photo. Each photo must not, in the sole discretion of Sponsor, contain obscene, defamatory, or otherwise objectionably or inappropriate content. Void where prohibited by law. Winners may make no substitution of prize. All federal, state and local taxes, if any, are the sole responsibility of winner. All federal, state, and local laws and regulations apply. 5. SCHEDULE: The Contest begins on August 21, 2013, 12:00 a.m. PST; all entries must be received by September 3, 2013, 11:59 p.m. PST (the “Contest Period”). Winners will be announced via instagram direct message. Contestants may enter the contest via instagram anytime during the Contest Period. 6. SELECTION PROCESS: Winners will be selected on or about September 4, 2013 based on the judges review of all entries and their selection of entries based on the judging criteria set forth below. This contest is a skill-based contest and chance plays no part in the determination of the winners. By participating, all entrants agree that the selection of the winners and all decisions of Sponsor are final and binding on all matters related to the Contest, and release Sponsor from all liability, loss or damage concerning the Contest. Sponsor’s decision will be final and binding in all respects. In the event that Sponsor cannot reach any winner within fourteen (14) days of the initial winner announcement, Sponsor will have the right to select a new winner according to these rules. Additionally, if a winner is ineligible for any reason, it will be deemed as if the winner has rejected the prize, and Sponsor will select a new winner. 7. REQUIRED SKILL TEST. To be declared a winner, selected entrant must first correctly answer, unaided, a time-limited, mathematical skill-testing question administrated by email or posed by phone at a mutually convenient time; and may need to return a signed Declaration of Compliance with the Contest Rules and a full Liability and Publicity Release. 8. ADDITIONAL RESTRICTIONS AND CONDITIONS: By submitting a photo for the contest each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor; (b) to release and hold harmless Sponsor and Sponsor’s partners (if any), their affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies and other service providers and advisors, from any and all liability with respect to acceptance, possession or use (or misuse) of the prizes or participation in the contest, including any adverse, unintended, or otherwise undesired physical or emotional impacts resulting from or associated with their participation; and (c) to permit Sponsor to use the entrant’s name, likeness, biographical information and the winning photo for promotional purposes. 9. RIGHT TO TERMINATE CONTEST: Sponsor reserves the right to terminate this contest if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the contest, as determined by Sponsor in its sole discretion. Sponsor may, at its sole discretion, disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this contest. Without limitation to the foregoing, if this contest or any web site associated therewith (or any portion thereof) becomes corrupted, or otherwise does not permit entry in the contest, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsors’ sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this contest or any portion thereof. Any attempt by a contestant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. 10. NOT RESPONSIBLE FOR TECHNICAL PROBLEMS OR IMPROPER SUBMISSIONS: Sponsor will not be responsible for lost, stolen, delayed or misdirected entries, incorrect or inaccurate transcription of entry information, technical malfunctions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to contestant’s or any other person’s computer related to or resulting from participation or downloading any materials in this contest. Illegible, incomplete or inaccurate entries will be void. 11. TAXES: Federal, provincial and local taxes are the sole responsibility of the winners. 12. WINNERS LIST: Billabong will post the winners and their photos through Billabong’s social media outlets, including the instagram, Facebook, Twitter, the Billabong website and/or blog within two weeks of the contest ending. The announcement of the winners will not be made available by mail. 13. COPY OF THE RULES: To obtain a copy of the rules please send a separate, self-addressed stamped envelope to Billabong Flip It Good Official Rules: 5825 Kieran St. Laurent, Quebec H45 OA3, Canada or 117 Waterworks Way, Irvine, CA 92672. 14. APPLICABLE LAW: By entering, you agree to be fully bound by these Official Rules. This Contest is subject to all applicable federal, provincial, and local laws and regulations of Canada. OFFICIAL RULES & REGULATIONS – EUROPE The Billabong FLIP IT GOOD Instagram Contest Article 1 – Sponsor and entry period Burleigh Point, Ltd. which does business as Billabong USA and its associated entities with offices at 117 Waterworks Way, Irvine, CA 92672 (hereafter “the Sponsor”) is sponsoring a free contest (no purchase necessary) on its Internet page http://instagram.com/billabongwomens (hereafter “the Contest”). The entry period for the Contest begins at 8:00 am Central European Time (CET) on 22th of August 2013 and ends at 12:00 pm CET on 4th of September 2013. Article 2 – Object of the Contest and prizes Contestants must create a photo of themselves doing a hair flip. The 3 most creative and original photos will earn a gift card of 225 euros to use on the European website http://eu.shop.billabong.com/ There will thus be 3 winners. Winners will be announced via Instagram direct message. The winners may in no case exchange one prize for another without the express consent of the Sponsor and prizes may not be redeemed for cash or exchanged for any other consideration. The Sponsor reserves the right to substitute any or all of the prizes with an article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred. Article 3 – Eligibility Any person at least 18 years of age residing in Europe is eligible to enter, except for: - GSM EUROPE PTY Ltd employees or members - SCP BUGAT GUILLERME employees or members - generally, anyone involved in running the Contest. Contestants must provide their first name, last name, age, address, phone number and email address. Any entry which is incomplete or does not fully identify the contestant will be void. There is no limit to the number of photos an entrant may submit. Each photograph, in its entirety, must be a single work of original material taken by the entrant. The photographs must not in any case contain content which, in the Sponsors’ sole discretion, is considered xenophobic, racist, paedophilic, sexually explicit, defamatory, obscene or insulting; or which incites racial hatred or murder; or which is otherwise objectionable or inappropriate; or which infringes on third party rights including copyright and the right to privacy. By entering, contestants fully and unconditionally agree to be bound by these Rules and by Billabong’s Privacy Policy available at this link http://us.billabong.com/womens/blog/post/privacy-policy?id=16 By applying, contestants agree that the Sponsor might feature their names as winners on the Billabong Instagram, Facebook Fan page, blog and Twitter. Any entry which violates the present article will be deemed null and void. This Contest is free of charge and no purchase is necessary. The Sponsor will therefore reimburse any entrant who so asks for communications costs corresponding to internet access time and connection time to enter the Contest, on condition that the contestant send a letter with receipts for these costs along with an IBAN (their bank details) to the following address: Billabong Europe – Attn Ms Nathalie Chazaud – 100 avenue des Sabotiers – 40150 Soorts Hossegor France Reimbursement of these costs is limited to two minutes of communication at local rates. Please note that contestants accessing the Sponsor’s web pages via a free or flat-rate internet connection (eg cable, ADSL or any other unlimited subscription) will not be reimbursed, since accessing these pages did not result in any additional cost for the contestant. Article 4 – Contest details To enter, simply follow the following steps: 1. Follow @BillabongWomens on Instagram. 2. Take a photo of yourself doing a hair flip. 3. Upload the photo to Instagram with the tag @BillabongWomens and @Billabongwomenseurope #FlipItGood. The entry form and photos must be sent before 12:00 pm CET on 22th of August 2013. Contestants may enter the contest via Instagram anytime during the contest period. The jury will meet on or about September 5, 2013 based on the judges review of all entries and their selection of entries based on the judging criteria The jury is composed by Hayley Magrini, Billabong Women's Digital Marketing Manager. Billabong will post the winners and their photos through Billabong’s social media outlets, including the instagram, Facebook, Twitter, the Billabong website and/or blog within two weeks of the contest ending. The announcement of the winners will not be made available by mail. In the event that the Sponsor cannot reach any winner within fourteen (14) days of the initial winner announcement, the Sponsor will have the right to select a new winner according to these rules. Should the winner’s electronic address and/or postal address be erroneous, or should the prize be returned undeliverable, it may be kept by the Sponsor and lost by the winner, without the latter being entitled to make any claims for any reason. Additionally, if a winner is ineligible for any reason, it will be deemed as if the winner has rejected the prize, and the Sponsor will select a new winner. The Sponsor will send the winners’ prize within no more than one month’s time as from the date of which they inform the Sponsor of their choice of items. Article 5 – Judging criteria This Contest is a skill-based contest and appeals to the contestants’ creativity. The boards will be judged on the following criteria: -­‐ creativity : originality of the chosen theme, staging and composition, etc… -­‐ quality of the photos (sharpness) Article 6 – Obtaining Contest Rules The Rules of the Contest may be accessible online at www.Billabong.com/girls/eu A copy of the Rules may be obtained free of charge to any person who so requests to the Sponsor at the following addresses: nathalie.chazaud@billabong;tm.fr or Billabong Europe – Attn Nathalie CHAZAUD – 100 avenue des Sabotiers 40150 Soorts Hossegor. Postage for requesting these Rules (one stamp for 20g at the slow postage rate in force) may also be reimbursed on simple written demand to the Sponsor no later than 15th of August 2013 (as proven by the date on the postmark). Reimbursement will be made within six weeks from reception of the request. The Contest Rules may also be consulted at the offices of BUGAT GUILLERME, Huissiers de Justice Associés, Résidence « Figaro », Avenue d’Aspremont, SaintVincent-de-Tyrosse 40230 France. Any changes to the present Rules will be available in the same manner. Article 7 – Right to use name and photo; Privacy rights By entering this contest, contestants represent, acknowledge and warrant that each submitted photo is an original work created solely by them, that each photo does not infringe on the copyright, trademark, moral right, right of privacy/publicity, or any other intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in or to each photo. Thus, Contestants guarantee that they hold the ownership rights to the submitted photos, including copyrights, ie that they have created themselves the photos, and provide full security to the Sponsor. Contestants also certify and guarantee to have received all necessary approvals, including the law relating to the image of any person depicted in the photos, all rights of intellectual property or any rights of property. Winners give up exclusively to GSM Europe or any person or entity from its rights, their entire ownership copyright of reproduction, representation and adaptation of their photos with a view to exploiting them in any media, in any format and by any method, including the media identified below: paper media : press (newspapers, periodicals…), magazine, catalogue, brochure, print, poster, flyer, postcard, POS, promotional poster… digital and multimedia access including off-line ( CDI, CD ROM…) or online such as Internet, Intranet or any other service accessible remotely These transfers of ownership will be granted free of charge, for the entire world and for the duration of the intellectual property right of the author, or their assignees, of the winning boards. Winners expressly grant license to use their first name, last name, likeness, biographical information and the winning photo in connection with the Contest and promotion of the Contest, without limits of territory or duration and without this use entitling them to any rights other than to their prize, unless they prefer to refuse the prize. The information collected for the present Contest are intended solely for the Sponsor’s use and will not be transferred or sold to a third party in any way. According to French law on protection of personal data (especially Article 34 of the Informatique et Libertés law (Data Privacy law) of 6 January 1978, modified by the law of 6 August 2004), every contestant has the right to access, review, rectify, or cancel any personal data held by the Sponsor and may do so simply by contacting him at the address: Billabong Europe – Attn Nathalie Chazaud – 100 avenue des Sabotiers - 40150 Soorts Hossegor - France. Article 8 –Limitation of the Sponsor’s liability The Sponsor will not be responsible for lost, stolen, delayed or misdirected entries, incorrect or inaccurate transcription of entry information, technical malfunctions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to contestant’s or any other person’s computer related to or resulting from participation or downloading any materials in this contest. Illegible, incomplete or inaccurate entries will be void. The Sponsor will not be held liable for any prejudice due to malfunction of the website, computer system errors or any virus or other problems that could cause damage. Hence the Sponsor does not assume any responsibility for any technical malfunction or hardware or software damage to contestants’ computer systems or to any data stored there, or for any impact on their personal, professional or commercial activities. Similarly, the Sponsor will not be held liable for any malfunction in the personal information collection system and/or for problems with postal mail or email delivery and/or for postal correspondence or email messages lost in transit. The Sponsor also assumes no responsibility for force majeure cases or events beyond their control (especially technical problems) that might disrupt the Contest and which could lead the Sponsor to shorten, extend, suspend, postpone, modify or cancel the Contest. By submitting a photo for the contest each entrant agrees to release and hold harmless Sponsor and Sponsor’s partners (if any), their affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies and other service providers and advisors, from any and all liability with respect to acceptance, possession or use (or misuse) of the prizes or participation in the contest, including any adverse, unintended, or otherwise undesired physical or emotional impacts resulting from or associated with their participation. Sponsor reserves the right to terminate this contest if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the contest, as determined by Sponsor in its sole discretion. Sponsor may, at its sole discretion, disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this contest. Without limitation to the foregoing, if this contest or any web site associated therewith (or any portion thereof) becomes corrupted, or otherwise does not permit entry in the contest, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsors’ sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this contest or any portion thereof. Any attempt by a contestant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Article 9 –Disputes By participating, all entrants agree that the selection of the winners and all decisions of the Sponsor are final and binding on all matters related to the Contest, and release Sponsor from all liability, loss or damage concerning the Contest. The Sponsor’s decision will be final and binding in all respects. The Sponsor has sole discretion without appeal for any question about application and interpretation of the present Rules and for solving any dispute about the Contest, including cases not foreseen by the present Rules. Any objections are admissible only within one week after closure of the Contest. Because the Contest is accessible in different countries, each with its own legislation, it is expressly agreed that the applicable law of the present Contest is French law. Any dispute arising from the present Contest which cannot be settled amicably shall be brought before the competent court designated by the French Code of Civil Procedure.