NO DONATION NECESSARY: VOID WHERE PROHIBITED
Wave of Compassion is hosted by Surf Aid International (191 Calle Magdalena, Ste 290b Encinitas, CA 92024 USA ) The "Opportunity Prize" entry period begins on July 7, 2006 at 12:01 PM Pacific Standard Time ("PST"), and ends on September 5, 2006 at 12:00 PM. All additional services and support provided by Surfline, Indies Trader Marine Adventures, and other applicable parties are donations used to establish and maintain the before mentioned "Opportunity Prize" and are subject to all applicable rules and regulations governing non-profit laws and customary laws in the State of California. By entering and participating in the sweepstakes, entrant (1) fully and unconditionally agrees to accept and be bound by these Official Rules and by all decisions of SurfAid International which decisions, including without limitations decisions regarding eligibility, winners and the interpretation of these Official Rules and all terms in these Official Rules, shall be final and binding in all respects; and (2) represents and warrants that all information provided by entrant in connection with the Opportunity Prize is true, accurate and complete as of the date of entry.

1. ELIGIBILITY: VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW. Participation in Wave of Compassion is open to residents of the United States and those individuals capable of goodwill and compassion in support of SurfAid International's efforts to create sustainable improvement in the health and well-being of impoverished people in isolated locations who are connected to us through the sport of surfing. There is no donation necessary - see "How to Enter" for detailed information. Winner(s) under the age of 18 years old must be accompanied by an adult or a qualified guardian. If a minor wins, the prize will be awarded in the name of a parent or legal guardian who must accompany minor on trip as the approved guest as set forth in Item 4.b. (In other words, if a minor wins, the two people who go on the trip must be the minor and his or her parent/legal guardian, that's it.) Employees, officers, directors, shareholders, and agents of Surfline.Com, SurfAid International, Indies Trader Adventures and any other participating sponsors (sometimes referred to collectively as the “Opportunity Prize Entities”) and their respective representatives and agents and their immediate family members (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) or members of the same households (whether related or not) of the foregoing individuals, are not eligible to participate in the Opportunity Prize or to win any prize. ALL INTERNATIONAL, FEDERAL, PROVINCIAL/STATE AND LOCAL LAWS AND REGULATIONS APPLY. PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2. HOW TO ENTER:

a. TWO (2) WAYS TO ENTER: (1) Visit www.waveofcompassion.com , www.surfaidinternational.org or www.waveofcompassion.org from July 7, 2006 at 12:01 PM Pacific Standard Time ("PST") to September 5, 2006 at 11:59 AM. Follow the on-screen instructions to enter. (2) Print your name, company name, address, daytime phone, business phone and email address along with associated donation amount and credit card information, if applicable, and mail to: WAVE OF COMPASSION, c/o SurfAid International, 191 Calle Magdalena, Ste 290, Encinitas, CA 92024. Mail-in entries must be received by 5:00 p.m. PST on September 4, 2006. Email entries must be received no later than 11:59 AM, PST on September 5, 2006. One entry/donation per envelope. Multiple entries will be disqualified.

b. ENTRY GUIDELINES AND RESTRICTIONS: SurfAid International is not responsible for lost, interrupted or unavailable network server or other connection, miscommunications, failed phone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or late, lost, illegible, incomplete, damaged, destroyed, delayed, misdirected or postage-due mail or other error of any kind whether human, mechanical or electronic. In the case of multiple Internet entries in a given day, only the first entry will be accepted. Use of automated devices is not valid for entry. If there is a dispute over the identity of an online entrant, entry will be deemed submitted by the Authorized Account Holder regardless of the individual that submitted the entry. "Authorized Account Holder" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. CAUTION: Any attempt by an entrant to deliberately damage any Web site or undermine the legitimate operations of the Opportunity Prize is a violation of the criminal and civil laws. Should such an attempt be made, SurfAid International reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Opportunity Prize. In the event the Opportunity Prize is compromised by virus, bug, non-authorized human intervention or other causes beyond the control of SurfAid International, which corrupts or impairs the administration, security, fairness or proper play of the Opportunity Prize, SurfAid International reserves the right in its sole discretion to suspend or terminate the Internet portion of the Opportunity Prize. Online entries must be received by SurfAid International before the end of the Opportunity Prize Period to be deemed eligible; online entries received by SurfAid International after the end of the Opportunity Prize Period will be discarded and deemed VOID. In the event of a dispute as to who submitted an online entry, the individual who was, at the time of entry (SurfAid International's sole discretion), the registered subscriber/holder of the email account used to enter the Opportunity Prize will be deemed the eligible entrant. Any attempt to enter the Opportunity Prize that is made in a manner other than as permitted in this Section 2 will, upon discovery thereof by SurfAid International, be deemed VOID and ineligible. Proof of entering Opportunity Prize online will not be deemed by SurfAid International to constitute proof of delivery or receipt of entry. Any use of entry methods prohibited by these Official Rules may, upon discovery thereof by SurfAid International and in SurfAid International's sole and absolute discretion, VOID some or all entries made by such methods and subject entrant to disqualification from further participation in the Opportunity Prize and/or any future Opportunity Prize or other promotions. No changes to any entry materials or information will be permitted once submitted. All entries become the property of SurfAid International and will not be returned. 

3. RESERVATION OF RIGHTS: SurfAid International reserves the right to substitute any and all named surfers in the event of illness, injury, or irreconcilable scheduling conflicts. Brad Gerlach, Will Tant and other Riders (referred to collectively as the “Riders”) to be announced have committed to make a good faith effort to go on the trip. In the unlikely event, one or all of them are unable to go on the trip, the winner(s) (1) may withdraw from the trip and forfeit the prize and SurfAid International will return the value of one (1) entry to the winner(s) or (2) the winner may proceed to go on the trip without any right or claim arising out of the failure of one or all of the Riders to go on the trip.

4. THE GRAND PRIZE:

a. SELECTING THE WINNER: On September 6, 2006, one (1) Grand Prize Winner ("Winner") will be selected at random by SurfAid International from among all eligible entries received during the Opportunity Prize Period. Inability of SurfAid International to contact Winner(s), or return of SurfAid International's emails or prize notification as "undeliverable" for any reason, may result in disqualification of Winner(s) and selection of an alternate Winner from among all remaining eligible entries. Winner, where permitted by law, may be required by SurfAid International to execute and return an Affidavit of Eligibility and a Liability/Publicity Release (the "Affidavit/Release") within seven (7) days of notification. Noncompliance within such seven (7) day requirement, or inability or unavailability of Winner to accept a prize for any reason, may result in disqualification of Winner and selection by SurfAid International of an alternate Winner from among all remaining eligible entries.

b. PRIZES: One (1) Winner will be awarded the Grand Prize, which will consist of round-trip coach air travel (on a commercial airline selected by SurfAid International) for Winner and an approved guest who meet all eligibility requirements contained in these Official Rules from the airport nearest to Winner's place of residence that offers flight service to Padang, Indonesia, hotel accommodations (at a hotel selected by SurfAid International in Padang) for Winner and up to one (1) additional person), ground transportation, surf charter transportation. Grand Prize Winner and guest must be available on the travel dates supplied to them 30 days before their scheduled departure. The total approximate retail value of the Grand Prize is USD$10,000.00 each. The value of the Grand Prize represents SurfAid International's good faith determination of the maximum retail value thereof. All persons accompanying the Winner must meet all eligibility requirements otherwise specified in these Official Rules, and must execute the Affidavit Release in order to be allowed to accompany Winner or receive any other portion or benefits of the Prize.

d. ADDITIONAL TERMS AND CONDITIONS GOVERNING PRIZE: SurfAid International assumes no responsibility for cancellation due to labor strike, industry conditions, commercial viability, or any other cause. The Grand Prize, or any part thereof is not transferable for consideration. Transfer of Grand Prize, or any part thereof by winner(s) result in automatic forfeiture or prize. Grand Prize is transferable without consideration only with the express written consent of SurfAid International. All winner(s) must meet all eligibility requirements otherwise specified in these Official Rules, and must execute the Affidavit Release in order to be allowed to receive any other portion or benefits of the Prize. All taxes (including without limitation Federal, state, and local taxes) on or in connection with the Prize, and the reporting consequences thereof, are the sole and exclusive responsibility of Winner. No substitution of the Prize will be permitted, except that SurfAid International reserves the right in their sole discretion to substitute all or any portion of the Prize with either the cash value of the Prize or such portion thereof, or a Prize or prizes of equal or greater value thereto, in the event that (i) such Prize or portion thereof is or becomes unavailable, or (ii) the Winner is unable to receive, accept, or assume responsibility for the Prize or any portion thereof for any reason. Except where otherwise expressly noted in these Official Rules, the selection of all donated vendors, prizes, products, and services is subject to SurfAid International's sole and absolute discretion.

5. INTERIM PRIZES: Interim Prizes will be awarded on a random periodic basis at the sole discretion of SurfAid International. Interim Prize winners will be selected from the entries received since the prior Interim Prize was awarded. Interim Prize winners remain eligible for the Grand Prize. Interim Prizes are nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by sponsors, who reserve the right to substitute a prize with another prize of greater or equal value in the event that a prize is unavailable. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. Odds of winning depend on the number of eligible entries received.

6. TAXES: All Prize winner(s) are responsible for international, federal, provincial/state, and local taxes on prizes, including income taxes, and any incidental expenses associated with collection or use of any prize.

7. ODDS OF WINNING: Odds of winning will vary based on the total number of eligible entries received.

8. DISQUALIFICATION/INELIGIBILITY: Without limiting any other provision of these Official Rules, SurfAid International reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in this Opportunity Prize or any future SurfAid International 's Opportunity Prize or other promotions, any individual SurfAid International suspects or determines: to be tampering with the entry process or the operation of the Opportunity Prize or Site; to be in violation of the Terms of Use, Privacy Policy, or other terms, conditions, or guidelines; to have failed to agree to these Official Rules; to be in violation of these Official Rules; to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or harassing any other person in connection with the Opportunity Prize or the Site. Furthermore, SurfAid International reserves the right, in its sole and absolute discretion, to disregard and/or deem VOID any or all of such entrant's entries in the Sweepstakes. ANY ATTEMPT TO DAMAGE THE SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSORS BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

9. LICENSE/PUBLICITY RIGHTS: Where permitted by law Winner agrees to grant to the Opportunity Prize Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Winner's name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Opportunity Prize Entities in their sole discretion. In addition, prior to accompanying Winner(s) on any portion of the trip or otherwise participating in or receiving any portion of the Prize or any benefits relating thereto, any and all persons selected by Winner(s) to accompany Winner on the trip or otherwise receive any portion of benefit of the Prize must also execute and deliver to SurfAid International the Affidavit/Release, granting to the Opportunity Prize Entities and their respective licensees, affiliates, and assigns, the same rights.

10. RELEASE AND INDEMNIFICATION: BY ENTERING THE OPPORTUNITY PRIZE, ENTRANTS RELEASE AND HOLD THE OPPORTUNITY PRIZE ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE OPPORTUNITY PRIZE OR PARTICIPATION IN ANY OPPORTUNITY PRIZE -RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE OPPORTUNITY PRIZE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

11. DISCLAIMER: ASSUMPTION OF RISK. The Mentawai Islands , surfing, and international travel all incorporate inherent risks including, but not limited to, serious injury, loss of limbs, paralysis and/or death. Malaria, Dengue Fever, Tuberculosis, and other life threatening diseases are known to exist on the Mentawai Islands . All surfing locations in the Mentawai Islands have unpredictable size waves which are extremely powerful, and which break over or on sharp, shallow, coral reefs. While the boat is equipped with a comprehensive first aid kit, NO FORMAL MEDICAL SERVICES ARE READILY AVAILABLE. Medical assistance may be up to 36 hours away, and minor injuries and illnesses may become life threatening. All winner(s) are required to obtain a comprehensive travel insurance plan which must include the following benefits: trip cancellation & interruption, baggage delay, baggage coverage, travel delay, emergency medical and dental, emergency medical transport & evacuation, and travel accident insurance. There are no accommodations in the Mentawai Islands . The Islands have no services or amenities. Getting off the boat and staying overnight on shore is not an option. NON-SURFERS ARE STRONGLY DISCOURAGED FROM GOING ON THE TRIP! Before departure, winner(s) must show proof of a valid passport which must be valid for at least 6 months from the date of departure. A valid visa is required for travel. SurfAid International does not assume responsibility for those inherent risks which may cause unfortunate accidents or incidents during ordinary travel conditions. SurfAid International will not be held responsible for injury, death, damage, loss, delay, cost, expense, or inconvenience arising from travel misfortunes beyond our control. SurfAid International does not accept any responsibility for late arrival or non-arrival of surfboards/surfboard bags or any other luggage.

12. DISCLAIMER: LIMITATION OF LIABILITY. SurfAid International makes no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Opportunity Prize. No responsibility is assumed by SurfAid International for lost, late, incomplete, stolen, misdirected, mutilated, postage-due, illegible, unreadable, inaccurate, incorrect, inaccessible, corrupted, or unusable online entries; incorrect or inaccurate online or printed information relating to the Opportunity Prize (including typographical errors); any computer, telephone, cable, network, satellite, server, service provider, Site, electronic, power, or Internet or other hardware or software malfunctions, failures, connections, or availability; data loss or late or incorrect data processing; Internet traffic congestion; service provider/Internet/Site inaccessibility, unavailability, or malfunction; garbled or jumbled transmissions; or unauthorized human intervention. Although SurfAid International attempts to ensure the integrity of the Opportunity Prize, SurfAid International is not responsible for the actions of entrants or other individuals in connection with the "Opportunity Prize", including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Opportunity Prize. Opportunity Prize Entities are not responsible for injury or damage to entrant's or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Opportunity Prize or downloading materials from or using the Site. If, for any reason, the Opportunity Prize is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of SurfAid International , could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Opportunity Prize, SurfAid International reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Opportunity Prize, and to select a Winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, in accordance with Section 3(a) above. IN NO EVENT WILL THE OPPORTUNITY PRIZE ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THEIR SITES, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THEIR SITES, THE REMOVAL FROM THE SITES OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE OPPORTUNITY PRIZE . WITHOUT LIMITING THE FOREGOING, THE OPPORTUNITY PRIZE, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 8. GOVERNING LAW; LEGAL PROCEEDINGS: a. GOVERNING LAW: THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN (i) THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES; (ii) THE PERFORMANCE BY ENTRANT AND SURFAID INTERNATIONAL and THE MENTAWAI ISLANDS FOUNDATION OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER; AND (iii) ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES.

13. DATES AND DEADLINES: Because of the unique nature and scope of the Opportunity Prize, SurfAid International reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Opportunity Prize.

14. PRIVACY: Information submitted in connection with the Opportunity Prize will be treated in accordance with these Official Rules and SurfAid International's Privacy Policy (as may be amended from time to time), currently located on their respective web sites; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

15. NON-ENDORSEMENT: The use of any non-Sponsors' trademarks, service marks, logos, or other marks in connection with this Opportunity Prize or any prize is not meant by SurfAid International to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Site or the Opportunity Prize.

16. SEVERABILITY; HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

17. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

18. COPYRIGHTS AND TRADEMARKS: All materials provided by SurfAid International and participation promotional partners are subject to copyright and trademark protections and remain the property of each individual company.

19. WINNERS LIST: For the name of the Winner(s) available after September 15, 2006, visit http://www.surfaidinternational.org .

 

 

 

Wave of Compassion would not be possible without the incredible amount of help support we've received from Robin, Dave, and the entire Surfline crew. Surfline's commitment to our efforts and willingness to help us promote this event on their website has been a huge factor in our overall success. From all of us at Surf Aid, Terima kasih! Check out their website: Surfline.com