NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCEPT RESIDENTS OF RHODE ISLAND) WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
1. SWEEPSTAKES SPONSOR:
This VOLCOM SNOW SWEEPSTAKES 2019 (the “Sweepstakes”) is sponsored by Volcom, LLC, 1740 Monrovia Avenue, Costa Mesa, CA 92627 (“Sponsor”). The decisions of Sponsor are final and binding as to all aspects of this Sweepstakes. Sponsor may promote and advertise this Sweepstakes using services provided by Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), and Instagram, Inc. (“Instagram”); however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Any inquiries regarding this Sweepstakes are to be directed to Sponsor.
2. SWEEPSTAKES PERIOD:
The Sweepstakes starts on or around 12:00 a.m. Pacific Standard Time (“PST”), on November 8, 2019 and ends at 11:59 p.m. PST on December 8, 2019 (hereinafter the “Sweepstakes Period”). Sponsor’s computer will be the official time-keeping device. Entries received after the Sweepstakes Period will not be eligible. Any proof of submission does not constitute proof of receipt.
3. BINDING AGREEMENT:
These Official Sweepstakes Rules (“Rules”) constitute a legally binding agreement by and between Sponsor and entrant, and govern entry in the Sweepstakes. Participation constitutes entrant’s full and unconditional agreement and acceptance of these Sweepstakes Rules which shall be final in all respects. Failure to comply with these Rules will void participant’s entry. Winning a prize (“Prize(s)”) is contingent upon fulfilling all requirements set forth herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
The Sweepstakes is open to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia (except for residents of Rhode Island who are excluded from participating), and are at least eighteen (18) years of age at the time of entry (“Eligible Participants”). A participant’s entry into the Sweepstakes will be deemed to be a representation that the entrant is 18 years of age or older. The Sweepstakes is void in Rhode Island, Puerto Rico, all other United States territories, outside the 50 United States, and where prohibited or restricted by law. Sponsor and ABG- Volcom, LLC and their respective current and future parents, subsidiaries, affiliate companies, and partners (“Promotion Companies”), and the Promotion Companies’ respective current and future officers, shareholders, employees, directors, licensees, agents attorneys, successors, assigns, advertising and promotional agencies and all other associated with the development and execution of the Sweepstakes (collectively “Promotion Entities”), and the Promotion Entities’ immediate family members or members of the household are not Eligible Participants. This Sweepstakes is void where prohibited or restricted by law.
5. HOW TO ENTER:
Eligible Participants may enter with no purchase necessary by visiting https://www.volcom.com/blogs/truetothis/sweepstakes-volcom-nitro-beast-snowboard-2019 during the Sweepstakes Period and accurately completing the online entry form in accordance with the instructions provided. Eligible Participants must include all data requested on the entry form for the entry to be valid. Incomplete entries as well as entries received before or after the Entry Period are void. Note that by entering this Sweepstakes, you are agreeing to receive U.S. marketing email communications from Sponsor until you choose to unsubscribe. There is no cost or obligation associated with subscribing to the marketing email communications and you can opt-out of receiving marketing email communications from Sponsor at any time by clicking the unsubscribe link in the email message. All entries, once submitted, become the property of the Sponsor(s) and shall not be returned. AN ELIGIBLE PARTICIPANT MAY ENTER THIS SWEEPSTAKES ONLY ONE (1) TIME REGARDLESS OF METHOD OF ENTRY. Entries received in excess of the limits stated herein are void, and entrant may be disqualified in Sponsor’s sole discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void and may disqualify any entrant who uses such means to enter from participating. If it is discovered or suspected that an entrant attempted to enter or receive entries using multiple email accounts or identities, all of that entrant’s entries will be declared null and void and that entrant will be ineligible to win the Prize. Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
6. PRIZE WINNER(S):
On or about December 20, 2019, Sponsor shall select two (2) Grand Prize winner(s) from all eligible entries received. The winner(s) is considered a potential winner pending verification of eligibility and compliance with these Rules. The selected Grand Prize winner(s) will receive a Grand Prize which consists of the following: One (1) NITRO x VOLCOM Snowboard and One (1) $400 Promo Code for use on Volcom.com (“Grand Prize”).
The total ARV (Approximate Retail Value) in U.S. dollars of all prizes awarded in this Sweepstakes is $1020.00 USD. Winner(s) will not receive difference between actual and approximate retail value. Volcom apparel product selection is subject to current availability at time of winner selection and can be viewed at http://www.volcom.com. The Prize will be awarded only if the potential winner fully complies with these Rules. No cash in lieu of a prize will be awarded. No transfer, assignment, exchange, refund or substitution of a prize (or portion of any prize) permitted unless Sponsor, in its sole discretion, determines otherwise. Gift cards are promotional in nature and are not paid for by the winner, nor does the winner own any right, title, or interest in them unless or until he or she redeems them under the terms set forth herein.
The winner must protect the Prize and treat the gift card as he or she would treat any other valuable document. The Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner's permission. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason. Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winner.
SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK. Odds of winning the Sweepstakes prize(s) are subject to the number of eligible entries received during the Sweepstakes Period. At Sponsor’s discretion, any unclaimed prize may not be awarded.
7. NOTIFICATION OF WINNERS:
Potential winners will be contacted by email, mail, or phone within two (2) weeks after the drawing. If Sponsor is unable to contact any potential winner within three (3) days of winner selection or if the potential winner fails to comply with these Rules or applicable law, the potential winner’s Prize is forfeited, and an alternative winner will be randomly selected from all remaining eligible entries. The Prize will be awarded within approximately six (6) weeks after the winner is verified by Sponsor and all “Winner Requirements” (detailed in section 8 below) have been met. In the event of a dispute over the identity of the winner, entries will be deemed made by the authorized account holder of the email account submitted at the time of entry. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning online entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.
8. WINNER REQUIREMENTS:
Potential winners must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. Winners will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release and an IRS Form W-9 (Request for Taxpayer Identification Number and Certification) (collectively, the “Prize Claim Documents”) within five (5) business days of issuance. If a selected potential winner cannot be contacted, is ineligible, fails to claim a Prize, and/or fails to return the Prize Claim Documents within the applicable time period, Sponsor may elect to disqualify the selected potential winner, who will then forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner from among all the remaining Eligible Participants. Only three (3) alternate winners will be selected, after which the Prize will remain un-awarded. Arrangements for delivery of the Prize will be made after winner validation. Acceptance of the Prize shall constitute and signify winner’s agreement and consent that Sponsor and Promotion Companies may use the winner’s name, biographical information, city , state, photographs and/or likeness, voice recording, video images and all related footage, and/or Prize information in connection with the Sweepstakes and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to, on television, radio, the World Wide Web and Internet, without limitation and without further payment or consideration, except where prohibited by law.
9. RELEASE AND LIMITATIONS ON LIABILITY:
By participating in this Sweepstakes, you (and if you are a minor, your parents or legal guardians) accept all risk and consequences of entry and participation in this Sweepstakes, and agree to forever and irrevocably release and hold harmless Sponsor(s), Promotion Entities, Facebook and Instagram and each of their respective current and future parents, subsidiaries, affiliated companies and their respective current and future officers, directors, employees, , agents, shareholders, licensees, attorneys, successors, assigns, representatives, and partners (collectively “Released Parties”) from any and all claims, lawsuits, judgements, controversies, consequences, causes of action, injuries, liability, losses, proceedings, demands, fines, penalties, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses (including, without limitation, reasonable outside attorneys’ fees and court costs), of any kind (collectively, “Claims”), under any legal theory, arising from or related to this Sweepstakes or Prize(s), including but not limited to (i) human transmission, or technical problems, failures, or malfunctions of any kind that may limit your entry and participation in this Sweepstakes; (ii) the acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use (or misuse), non-use, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of any Prize (or any component thereof); (iii) any change in Prize(s) (or any components thereof) due to unavailability or due to reasons beyond Released Parties’ control; (iv) any incorrect or inaccurate information, whether caused by entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights, rights of publicity and invasion of privacy, (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes, Prize(s) or these Rules; (vii) any unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; or (viii) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties.
Released Parties assume no responsibility for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any Prize(s). Any approval from Sponsor or ABG-Volcom, LLC shall not waive, diminish or negate your indemnification obligations to Released Parties. Released Parties will not be liable to the winner(s) or any other person for failure to supply any Prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. Entrant shall indemnify Released Parties and their respective officers, directors, affiliates, contractors, subsidiaries, agents, employees and partners from and against all claims or suits and any damages or costs (including reasonable attorneys’ fees) arising from or relating to entrant’s violation or inaccuracy of any warrantees or representations made relating to this Sweepstakes. Released Parties are not responsible for any fraud or misconduct on the part of the entrants.
IN NO EVENT SHALL RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY LOST PROFITS, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES. Entrant’s sole damages shall be limited to entrant’s actual out of pocket expenses, excluding attorneys’ fees. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SWEEPSTAKES RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Further, participants agree to waive the provisions of Civil Code Section 1542 which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. ADDITIONAL RULES:
Sponsor reserves the right to cancel or modify the Sweepstakes or these Rules at any time if fraud, technical failures, virus, tampering, malfunction, error, disruption, damage or any other factor beyond Sponsor’s reasonable control impairs or will impair the administration, security, fairness, or integrity of this Sweepstakes, as determined by Sponsor, in its sole discretion. Sponsor further reserves the right to permanently disqualify from the Sweepstakes any person it believes has engaged in fraud or misconduct of any nature, including intentionally violating these Rules. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. Sponsor may prohibit an entrant from participating, winning, or accepting a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated Prize(s) by cheating, fraud, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor’s failure to enforce any term of these Rules shall not constitute waiver of that provision. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY THE LAW.
11. GOVERNING LAW AND ARBITRATION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, construed, and enforced in accordance with the laws of the State of California, United States of America, without regard to any choice of law or conflict of rules principles, which would cause the application of the laws of any jurisdiction other than California.
Entrant hereby agrees and irrevocably consents that any and all Claims arising out of or relating to this Sweepstakes, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone. Furthermore, Claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Entrant agrees that all claims relating to this Sweepstakes shall be resolved individually, without resort to any form of class action.
NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT. FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT- OF-POCKET EXPENSE, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
12. ENTIRE AGREEMENT:
These terms set forth the entire agreement between the parties relating to the subject matter hereof, and supersede all prior agreements and understandings relating thereto, whether oral or written.
13. WINNER(S) LIST:
Winner’s name(s) may be posted on volcom.com as well as any of Volcom’s channels on Facebook, and/or Instagram. You may also send a self-addressed, stamped envelope to Sponsor (VT residents omit postage) at the address listed above for a complete list of winners. Requests must be received no later than February 15th, 2020.
If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement. 16. SPONSOR’S RELATION TO ABG: Sponsor is a manufacturer and seller of a broad array of apparel and accessories sold under and identified by the VOLCOM name and certain derivatives thereof and associated logos (the “VOLCOM Marks”) pursuant to a license granted by ABG-Volcom, LLC (“ABG”), the owner of the VOLCOM Marks. Pursuant to the Sponsor License Agreement dated as of April 1, 2019, as amended from time to time (the “Master License”), ABG granted to Sponsor the right to use the VOLCOM Marks in certain territories and for certain apparel and accessories, all as set forth in greater detail therein. By entering the Sweepstakes you acknowledge and agree that (i) if the Master License is terminated for any reason, then this Sweepstakes and any related agreement(s) shall automatically terminate, (ii) ABG is the exclusive owner of the VOLCOM Marks and all combinations, forms, variants, modifications, embodiments and derivatives thereof throughout the world and all goodwill related to such marks, (iii) to the extent any rights in and to the VOLCOM Marks are deemed to accrue to you, you hereby assigns any and all such rights, at such time as they may be deemed to accrue including the related goodwill, to ABG under the Master License, (iv) you shall not during the Sweepstakes Period or thereafter attack or challenge (a) the ownership rights of ABG in and to the VOLCOM Marks or the validity of such marks, (b) any application for registration or registration of such marks, (c) the rights licensed to Volcom, LLC in and to the VOLCOM Marks, or (d) the validity of the Master License or any other rights.
[End of Official Rules]