RETAIL COMPETITION
VOID WHERE PROHIBITED BY LAW.
1. Who Can Enter: Any legal resident of Indonesia, Thailand, Malaysia and Singapore 13 years of age or older is eligible to participate in the retail competition (the “Competition”). Employees, officers, principals or directors of Quiksilver, Inc., and its subsidiaries, affiliates, licencees, advertising and promotional agencies (collectively, the “Promoter”), any participating retailer and their households or immediate family members and/or those living in the same household with any of them, are not eligible to participate.
2. How to Enter: To enter, participants must spend the “minimum amount” (as set out below in this condition) in a single transaction on full priced items at a retail store where the Promoter is promoting this Competition and complete and submit to the retail store the Competition entry form between 12:00:00 a.m. Bali Indonesia Time on 7 December, 2007 (“Contest Open Time”) and 11:59:59 p.m. Bali Indonesia Time on 18 January, 2008 (“Contest Close Time”). The minimum amount varies depending upon which country the retail store is located. Where the retail store is located in Indonesia the minimum amount is IDR250,000 Where the retail store is located in Thailand the minimum amount is THB1,000 Where the retail store is located in Malaysia the minimum amount is MYR100. Where the retail store is located in Singapore the minimum amount SGD50. Any entries that are ineligible, incomplete or late will be disqualified.
3. Competition Dates: The Competition will begin exactly at the Contest Open Time and end exactly at the Contest Close Time. The prize drawings will be held based on number of eligible entries properly submitted, completed and received by the Promoter between the Contest Open Time and the Contest Close Time.
4. Prizes: Following the Contest Close Time, one (1) “First Prize Winner” will be randomly selected from all valid entries to receive two (2) return economy airfares from the capital city of the Country in which the First Prize Winner resides to Kuala Lumpur, Malaysia departing on or about Friday 25th January 2008 and returning on or about Sunday 27th January 2008, transfers to and from the airport to Sunway Lagoon Theme Park, (2) two nights standard, twin share accommodation at Pyramid Tower Hotel including breakfast, (2) two VIP tickets to Quiksilver Revolution 2.0 and (2) two product prize packs valued at USD$500 each. Spending money, meals (other than hotel breakfast), taxes, transfers, visas, passports, insurance and all other ancillary costs are the responsibility of the First Prize Winner. The First Prize Winner must arrange travel insurance for himself /herself and his/her travel companion and provide proof of this to the Promoter upon request. The First Prize Winner and his or her travel companion must be available to travel on the specified dates which may be subject to change. If the First Prize Winner is not available to take the first prize or any part of the first prize on the specified date, then the Promoter is not required to offer an alternate prize. Where the First Prize Winner is not a resident of Malaysia (in which case no airfares will be given as part of the prize) he/she must hold a current passport with at least 12 months validity as at the time of travel and satisfy any Visa requirements. The First Prize Winner may be required to provide evidence of residency and provide the Promoter with any other verification or legal information required. If the First Prize Winner is under 18 years of age at the time of the Quiksilver Revolution 2.0 event then the second flight must be taken by a parent or legal guardian of the First Prize Winner. The Promoter will not be liable for any loss or damage which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained during the course of the prize winning trip or if the event is cancelled, except for any liability which cannot be excluded by law.
Following the Contest Close Time, one (1) “Second Prize Winner” will be randomly selected for each Country from which residents are eligible to participate to receive one (1) Quiksilver premium day pack and one (1) Quiksilver Revolution 2.0 event prize pack including event T-shirt and event cap.
One (1) “Weekly Winner” for each Country from which residents are eligible to participate will be randomly selected to receive one (1) Quiksilver Revolution 2.0 event prize pack including event T-shirt, event cap and backpack.
To the extent permitted by law, all prizes are “AS IS” without any warranty of any kind, express or implied. No substitution, exchange or transfer of prizes will be made or is permitted.
5. Prize Drawings: The Weekly Winners will be selected in a random drawing conducted by the Promoter by 5:00 pm Bali Indonesia Time on the earlier of (1) the first day all entries for the relevant week have been received by the Promoter from the participating retailers or (2) the end of the week following the week in which the eligible entries were received by the participating retailers. The First Prize Winner and Second Prize Winners will be selected in a random drawing conducted by the Promoter based on eligible entries properly submitted between the Contest Open Time and the Contest Close Time and received by the Promoter. All prize drawings for the Competition will be held at Jalan Raya Legian no362, Kuta, Bali Indonesia. The First and Second Prize drawing will take place on or about 20 January, 2008 at the same location. Where the Promoter does not receive any valid entries or cannot contact any relevant prize winners for one or more of the prizes, the Promoter is not required to give those prizes away.
6. Odds of Winning: Odds of winning are dependent on the aggregate number of eligible entries properly received by the Promoter between the Contest Open Time and the Contest Close Time.
7. Winner Notification: The winners will be notified via telephone within 48 hours of awarding of the prize. The winners will be required to respond to any telephone message to acknowledge receipt of the Promoter’s notification and awarding of prizes. The Promoter assumes no liability for any lost or mis-communicated voicemails. If no response is received by the Promoter from winners within three (3) calendar days following the prize notification, the prize may be awarded to a replacement winner to be determined by the Promoter in the Promoter’s sole and absolute discretion. The winner will be required to prove eligibility to receive and claim any prize. Any winner who is under 18 years of age will be required to have written parental consent to the participant’s entrance, awarding acceptance and receipt of the prize, and to all of these terms and conditions. All decisions of the Promoter about the winner are final, binding and non-appealable. The Promoter is not responsible for any incorrect or illegible address information or the non-delivery of any prize resulting therefrom, or for any unsuccessful efforts to notify a winner. It is the sole responsibility of the participant to notify the Promoter in writing if the participant changes his/her contact information.
8. Limits of Liability: By entering, each participant acknowledges and agrees that the Promoter, those involved in the development, production (including prize suppliers), implementation, distribution of prizes and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion (the "Indemnities"), shall not be liable in any manner for any and all claims, injuries, losses, or damages of any kind, including but not limited to any third party claims, injuries, losses or damages, arising from, relating to or resulting from, in whole or in part, this Competition, including, but not limited to, entry and participation in this Competition and acceptance, possession, loss, use or misuse of prizes. All participants further agree that in the event of any third party claims, injuries, losses or damages arising from or relating to this Competition, they will indemnify the Indemnities, and each of them, from any and all such claims, injuries, losses and damages, including any attorney's fees and costs related thereto.
The Promoter reserves the right to cancel the Competition at any time in the sole discretion of the Promoter, including, but not limited to, if the integrity of the Competition is, in the Promoter’s sole and absolute discretion, compromised in any way. The Promoter further reserves the right to modify the rules of the Competition in any way at any time, as long as reasonable notice is given. The Promoter reserves the right to substitute an alternative prize of equal or greater value for any prize in the Promoter’s sole and absolute discretion.
All entries become the sole property of the Promoter. The Promoter shall not be liable for entries and winner notification responses that are delayed (including where delivered late by a participating retailer), lost, misdirected, mis-delivered, illegible, incorrect or incomplete and such entries will not be eligible for this Competition. The Promoter shall not be responsible for any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures. Any attempt to deliberately undermine the legitimate operation of this Competition is a violation of criminal and civil laws, and should such an attempt be made, the Promoter reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
All federal/state/local taxes are the sole responsibility of prize winners.
This Competition shall be governed by Indonesian law. By entering this Competition, participants agree that Indonesian courts shall have jurisdiction over any dispute or litigation arising from or relating to this Competition and that venue shall be only in Indonesia.
9. Winner Responsibilities: Each winner is solely responsible for the reporting and payment of any tax liabilities incurred as a result of or relating to the awarding or use of any prize. Entry into the Competition shall be deemed to be the participant’s consent and authorization to (i) the use of participant’s name, address (city and state only) and any other information submitted by the participant for commercial, advertising and promotional purposes in perpetuity without further compensation, unless prohibited by law, and (ii) the use of the participant’s address to receive marketing and other emails from Quiksilver and its affiliates. In addition, by entering the Competition, participants affirm that they have read, understood and accepted these terms and conditions.
10. Winner Publicity: The Promoter may post the first name, last name and location (city/Country) of each winner on its website. The First Prize winner consents and will procure the consent of the person that accompanies the winner for the Promoter to film and record, photograph and webcast the first prize winner as part of the promotion of the Quiksilver Revolution 2.0 event.
11. General: This Competition is subject to all applicable federal and state laws and regulations. By entering the Competition participants agree to be bound by these terms and conditions and by the decision of the Promoter, which shall be final on all matters relating to this Competition. This Competition is VOID WHERE PROHIBITED BY LAW. Any correspondence regarding this competition should be in writing and directed to:Attention B Cunningham, PT Quiksilver Indonesia Jalan Raya Legian no362 Kuta Bali 80361 Indonesia.
12. Privacy: By entering the Competition, all participants agree that the Promoter and its subsidiaries and affiliates may use any of the participant’s personal information submitted in connection with this Competition in accordance with the terms of the privacy policy located at www.quiksilver.com.
