1. STANDARD TERMS
1.1       Information on "how to enter" and details of prizes form part of the terms and conditions of entry.
1.2       If you enter the Billabong Jeans – Made for Living Competition, you agree to be bound by the terms and conditions of entry. This is a game of skill. Chance plays no part in determining the winners of the Competition. Each entry will be individually judged based on creative merit. The judges' decision is final and no correspondence will be entered into.
1.3       The Promoter of the Competition is GSM (Operations) Pty Ltd trading as Billabong of 1 Billabong Place, Burleigh Heads, Queensland, 4220 (A.B.N. 67 085 950 803).

2. PROMOTIONAL PERIOD
2.1       The Competition commences on Monday, 5th of March 2012 at 10:00am (AEDST) and concludes at 1st of June, 2011 at 04:00pm (AEDST) ("Competition Period").

3. WHO CAN ENTER
3.1       Individuals can enter the Competition if they are an Australian resident of at least thirteen (13) years of age. Proof of age and residency may be required before collecting the prize. Proof of age and residency must be in the form of legally issued documentation and the Promoter reserves the right to request further proof for any reason.
3.2       Employees (and their immediate families) of the Promoter and participating retailers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

4. HOW TO ENTER
4.1       Individuals may submit unlimited entries in the Competition, but each entry must consist of a different photograph.
4.2       To participate in the Competition, individuals eligible in accordance with Clause 3.1 ("Entrants") must during the Competition Period:

  1. Visit billabongjeans.com (the "Website"), follow the prompts to the Competition page, input the requested details and upload photograph entry.
  2. Entrants must complete the remainder of the online entry procedure by  ticking the checkboxes confirming they have read and agreed to these terms and conditions of entry and stating that they are 13 (thirteen) years or older, and then following the prompts to submit the photograph ("Creative Entry").
  3. In order for a Creative Entry to be valid, the Entrant's photograph must be their own.

4.3.      The Promoter reserves the right not to accept or display on the Website, and to remove from the Website, any materials submitted by an Entrant (including any Creative Entry, information, comments or images, entered or uploaded as a part of this Competition) (Entry Materials) at its sole discretion. For example, any Entry Materials containing inappropriate, distasteful or offensive material may be refused to be accepted or displayed on the Website by the Promoter or removed from the Website at anytime. Incomplete, indecipherable or illegible entries will be deemed disqualified.
4.4.      The Promoter's decision in relation to any aspects of the Competition, including content displayed on the Website and disqualification, is final and binding on all Entrants and no correspondence will be entered into.
4.5.      Entrants may elect to have their Creative Entry withdrawn from the Competition at any time during the Competition Period if they no long wish to participate in the Competition.  Entrants must put their request to withdraw from the Competition in writing and addressed to:

Billabong Marketing - Jeans competition
1 Billabong Place
Burleigh Heads QLD 4220
Australia

The Promoter will then remove their Entry Materials from the Website within a reasonable time after receiving the written request. Any support received up to the time when the Entry Materials are removed will be forfeited or removed and the Entrant will no longer be eligible for any prizes in the Competition.

    1. Each Entrant warrants that they have not submitted any fraudulent details or fake information to the Promoter. Entrants indemnify the Promoter for any losses incurred due to a breach of this warranty.
    2. Entrant is encouraged to keep a high resolution copy of their photograph for possible printing purposes.
    3. Entrants must own complete rights to the photograph entry submitted. Any photograph found to be copied, stolen or manipulated without the knowledge and agreement of the original photographer will be automatically removed and disqualified from the competition.
    4. Entries will no longer be accepted after 4pm (AEDST) Friday, 1st of June 2012.

5. FINDING THE WINNER
5.1       The judging panel will consist of marketing employees of the Promoter selected at the Promoter's discretion (Judging Panel).
5.2       The Judging Panel will select 12 (twelve) Finalists, at their discretion, by 4 June  2012. The judges reserve the right to select additional reserve Creative Entries which they determine to be the next best, and record them in order, in case of an invalid Creative Entry or ineligible Entrant. The Entrant who submitted the winning Creative Entry will be deemed the winner and will be notified by email via the email address or phone call via the telephone number Entrants agree to share with the Promoter. Winners' names will be published on www.billabong.com and www.billabongjeans.com by 10:00am AEST on 4 June 2012.

6. PRIZES:
6.1       Weekly winners ("Finalists") will receive a pair of Jeans "Jeans Prize" (subject to availability and sizes). Finalists will be chosen on the following Monday of each Week (a "week" refers to 12:00am Friday to 11:59pm Thursday AEDST, excluding the first week which will operate between the launch of the competition, 5 March 2012 and 16 March 2012). A total of 12 Finalists will be chosen between the dates of March 5 2012 and 1 June 2012
6.2       The winning Entrant ("Winner") will win the prize, which includes:

  1. The winning photograph printed on a Limited Edition Billabong t-shirt which will be sold exclusively online through SurfStitch. Twenty (20) mens t-shirts and twenty (20) ladies t-shirts of assorted sizes will be prepared and screen printed with the winning photograph. Proceeds from the competition will be donated to the Jeans for Genes charity.

     2.    Ten (10) printed t-shirts will be given to the Winner for individual use and distribution.
3.   $500 Billabong Wardrobe prize-pack as organized by Promoter. Subject to availability and season.

6.3       Total Prize pool is up to AUD$2000

7. PRIZE CONDITIONS:
7.1       The Promoter will contact each Finalist to determine their preferred clothing size for the Jeans Prize.
7.2       If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
7.3       Prizes are not transferable or exchangeable and cannot be taken as cash.
7.4       The Promoter reserves the right to request to provide proof of age and identity prior to awarding any prize. Identification considered suitable for verification is at the sole discretion of the Promoter.
7.5       If a Winner is found to be under the age of 13 years, the Creative Entry will be deemed ineligible and the next best, valid Creative Entry, as determined by the Judging Panel, will be selected.
7.6       In the event that the prize, or part of the prize, is unavailable, the Promoter reserves the right to substitute the prize or part of prize in its discretion to the same and equal recommended retail value and/or specification.
7.13    If for any reason a Winner does not take an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
7.15    As a condition of accepting the prize, the Winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

8. CONSENTS AND PERMISSIONS
8.1       Entrants are responsible for obtaining all necessary licences, consents and approvals in relation to their Entry Materials (including in relation to the use of the image or likeness of any person who appears in a photo or video included in the Entry Materials) to enable Entrants to enter their Entry Materials in this Competition and to permit the Promoter to deal with their Entry Materials in the manner outlined in these Terms and Conditions.
8.2       By entering this Competition all Entrants:

  1. Consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Competition, including future similar Billabong competitions, without remuneration, at any time during or after the Competition and via any means (including without limitation in national print media, on the Promoter's website and in other promotional material);
  2. If any of their photos contain the image of another person, warrant that they have obtained the consent of that other person to the Promoter using and publishing (and authorising others to use and publish) the other person's name, character, likeness, image, voice or anything else that identifies the other person for the purposes of any promotion or matter incidental to the Competition, including future similar Billabong competitions, without remuneration, at any time during or after the Competition Period and via any means (including without limitation in national print media, on the Promoter's website and in other promotional material);
  3. Assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Creative Entry in relation to all media (including, without limitation, the internet) and whether in existence now or created in the future;
  4. Unconditionally and irrevocably:
    1. consent to any act or omission that would otherwise infringe any of their moral rights in the Entry and Design Submission (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
    2. waive all moral rights that arise outside Australia; and
    3. agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
  1. Warrant to the Promoter that their Creative Entry is an original independent creation of the Entrant and does not infringe the intellectual property rights of a third party.

8.3.      The Promoter accepts no responsibility or liability where an Entrant's Creative Entry is downloaded from the Website by any persons, and for any matters after such download.
8.4       Creative Entries may be modified by the Promoter in any way whatsoever without any additional approval being required of the Entrant, with the exception that such Entrant shall be shown such modifications and derivatives and shall have a right to withdraw use of such Entrant's name as a credit. Entrants waive any and all attribution and integrity rights with regard to the Creative Entry whether arising under the law of any state of the Australia, Australian federal law, or the law of any other country.

9. PRIVACY AND INFORMATION
9.1       The Entrant consents to use of their personal information provided by when entering or participating in this Competition (including in their Creative Entry) by the Promoter to conduct the Competition, to contact Entrants if they are winners, to conduct research and marketing activities (including to inform Entrants about special offers from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter). Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose Entrants' personal information for the above purposes to other entities which provide research and marketing services to the Promoter.
9.2       If Entrants do not provide the personal information requested by the Promoter, they may not participate in the Competition (except where the provision of that information is optional). An Entrant may request to access, update or correct any information, or to have their details removed from the Promoter's database/s, at any time and such requests should be directed to the Promoter at its address set out above.

10. GENERAL TERMS AND CONDITIONS
10.1    It is a condition of accepting a prize that winners comply with all the Terms and Conditions of use of a prize and prize supplier's requirements.
10.2    The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any Entrant who tampers with the entry process, or who submits a Creative Entry which is not in accordance with these terms and conditions of entry, or who the Promoter has reason to believe has breached any of these terms and conditions of entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
10.3    The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants may wish to seek their own independent financial advice prior to entering the Competition.
10.4.   Entries will be deemed to be accepted at the time of receipt by the Promoter's delegated website representative. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times. Each Creative Entry will be subject to a moderation process before being visible on the Website. Entries are deemed to be received at the time they are received by the Promoter and not the time they are published on the Website.
10.5    If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.
10.6    Nothing in these terms and conditions of entry limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Compeition.
10.7    Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees,  the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any theft, unauthorised access or third party interference; (b) any variation in prize value to that stated in these terms and conditions of entry; (c) if the Event is cancelled for any reason beyond the reasonable control of the Promoter; or (d) use of the prize.

10.8    Any costs associated with accessing the www.billabong.com website is the Entrant's responsibility and is dependent on the Internet service provider used.
10.9.   The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Creative Entries submitted by that Entrant invalid and the Entrant will be disqualified from the Competition.