2016: #MyONeillAdventure Giveaway
Traveler Hybrid Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA, 18 YEARS OLD AS OF TIME OF ENTRY
The Traveler Hybrid Sweepstakes (“Sweepstakes”) is void where prohibited by law.
By entering the Sweepstakes, each person entering this Sweepstakes (an “Entrant”) accepts the terms of these Official Rules (the “Official Rules”) and the decisions of the Sponsor (as defined below), which are final and binding in all respects.
SPONSOR AND PRIZE PROVIDER: The sponsor of the Sweepstakes is La Jolla Sport, U.S.A., Inc., a California corporation, dba “O’Neill” (“Sponsor”). The Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.
ENTRY PERIOD: The Sweepstakes begins at 8:00 PM PT on July 20, 2016 and ends at 12PM PT on August 15, 2015.
ELIGIBILITY: The Sweepstakes is open only to natural persons who are legal residents of and located within the United States of America or the District of Columbia and who are 18 years of age or older at the time of entry. Sponsor, and Sponsor’s parent, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, and any person or entity involved in the development, production, implementation, administration, judging or fulfillment of the Sweepstakes and any activity related to the Sweepstakes and any prize (the “Sweepstakes Parties”) including, without limitation, the immediate family members or those persons living in the same household of any Sweepstakes Party, are not eligible to participate.
COMPLIANCE WITH LAW: EACH ENTRANT MUST COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS IN SUBMITTING AN ENTRY TO THE SWEEPSTAKES, RECEIVING AND PARTICIPATING IN ANY PRIZE AND IN PURSUING ANY OTHER ACT IN CONNECTION WITH THE SWEEPSTAKES.
METHOD OF ENTRY: To enter the Sweepstakes during the entry period:
- Follow @oneillusa on Instagram;
- Snap your best traveling or road trip photos;
- Post your photo to Instagram;
- Tag the photo you posted with the hashtag #MyONeillAdventure
The Entry (i) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by O’Neill in its sole discretion; (ii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by O’Neill in its sole discretion; (iii) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (iv) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights; (v) may not contain commercial or corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to O’Neill; (vi) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Sweepstakes website, associated third party websites and/or the proper conduct of the Sweepstakes; (vii) may not use any watermarks or distinguishing artist marks (such as signatures); and (viii) if found to be in violation of these rules will be disqualified and therefore removed from the Sweepstakes.
Each Entrant may only submit one entry. Although the Sponsor may receive subsequent attempts to enter, only Entrant’s first entry during the entry period will count. Entrant may not submit any entry, directly or indirectly, via any third party. All entries become the property of the Sponsor and none will be acknowledged or returned. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor, will be disqualified.
Sponsor may, in its sole discretion, at any time, disqualify any individual who tampers with the entry process, disqualify any Entrant or void any entries submitted fraudulently. Sponsor may, in its sole discretion, cancel, terminate, modify or suspend this Sweepstakes at any time for any reason or no reason. Following any such action by Sponsor, Sponsor may determine in its sole discretion to select a winner from all non-suspect entries received before such action, or as otherwise deemed fair and appropriate by Sponsor. If the Sweepstakes is cancelled, modified, suspended or terminated, the Sponsor will post notice on the Website. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
It is solely Entrant’s responsibility to properly submit an entry. Sponsor will only include in its consideration for the Prize, eligible entries actually received during the entry period. “Receipt” of an online entry occurs when Sponsor’s servers or social media account(s) record the entry information. Any automated computer receipt does not constitute proof of actual receipt by Sponsor of an entry. No Sweepstakes Party is responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected or ineligible entries, which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error that may occur in the processing of the entries in the Sweepstakes.
ENTER AT OWN RISK; LIMITATION OF LIABILITY: EACH ENTRANT ACCEPTS ALL RISK AND CONSEQUENCES OF ENTRY IN THIS SWEEPSTAKES AND PARTICIPATION IN THIS SWEEPSTAKES AND IN ANY PRIZE. IN NO EVENT WILL ANY SWEEPSTAKES PARTY 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 ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, ANY DELAY, INTERRUPTION, EARLY TERMINATION OR FORFEITURE, IN WHOLE OR IN PART, OF ANY PRIZE OR RELATED TRAVEL, OR TRIP RELATED ACTIVITY (BEFORE, DURING OR AFTER), EVEN IF SPONSOR OR ANY SWEEPSTAKES PARTY WAS AWARE OF THE POSSIBILITY OF ANY SUCH CONSEQUENCES, LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES, AND ALL MATERIALS PROVIDED IN CONNECTION WITH THE SWEEPSTAKES 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.
INDEMNIFICATION: EACH ENTRANT MUST INDEMNIFY AND HOLD HARMLESS ANY SWEEPSTAKES PARTY FROM AND AGAINST ANY DAMAGES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEYS’ FEES, COSTS AND EXPENSES) INCURRED BY ANY SWEEPSTAKES PARTY ARISING OUT OF ANY CAUSE OR ACTION RELATED TO THE ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES BY ENTRANT, THE ACCEPTANCE AND USE OF OR PARTICIPATION IN ANY PRIZE BY ENTRANT, OR THE REPRODUCTION, USE, PUBLICATION, DISPLAY, DISTRIBUTION OR OTHER COMMERCIAL OR NON-COMMERCIAL USE OF THE CONTENT (IN WHOLE OR IN PART) OF ANY ENTRY SUBMITTED BY AN ENTRANT TO SPONSOR.
THE PRIZE: Sponsor will select four winners, which will be announced on July 25, August 1, August 8, and August 15, 2016. The odds of winning the Prize depend upon the number of entries received.
The winners will receive the prize: Two (2) pairs of O’Neill Traveler Hybrid shorts, one (1) O’Neill Traveler Series backpack, one (1) O’Neill towel, and two (2) O’Neill t-shirts. The winner will also have their photo featured on O’Neill’s Instagram. The approximate retail value (“ARV”) for the entire Prize is $307. Should the value of the Prize be less than the ARV, the difference will not be awarded in cash or in kind.
The Prize may not be transferred or assigned to any person or entity, whether by operation of law or otherwise, unless such transfer is approved by Sponsor in Sponsor’s sole and absolute discretion. Any attempted transfer in violation of these Official Rules will be automatically void.
If the Prize or any part is unavailable for any reason, as determined by Sponsor, Sponsor reserves the right to substitute the Prize with another prize of equivalent or greater value. Any questions relating to the Prize should be directed to Sponsor.
There will be only one Prize. The Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, travel expenses, if any, are the sole responsibility of winner. Only the Prize described in these Official Rules will be awarded. The Prize cannot be used in conjunction with any other promotion or offer. The winner accepts the Prize “as is,” and Entrants acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prize.
Any valuation of the Prize stated above is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any applicable taxes, fees, and costs. Each winner must provide Sponsor with a valid taxpayer identification number or social security number before any prize will be awarded.
SELECTION OF WINNER: The winning entry will be selected in Sponsor’s sole discretion. Sponsor’s decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects. Sponsor reserves the right to disqualify any Entrant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means.
PRIVACY RIGHTS: Sponsor and any parent, subsidiary or affiliate of Sponsor, including any licensor and licensee (collectively, the “Sponsor Entities”) may disclose to third parties all personal information obtained by Sponsor from Entrant and use such information for marketing and other purposes. Any Sponsor Entity may use Entrant’s personal information to contact Entrant for marketing purposes. Once a third-party obtains Entrant’s personal information, its subsequent use is controlled by the business practices of the third party, which is beyond the control of the Sponsor Entities. The Sponsor Entities cannot ensure that all of Entrant’s private communications and other personally identifiable information will never be disclosed in ways not otherwise described in the Official Rules. For example, the Sponsor Entities may disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. The Sponsor Entities can (and Entrant authorizes them to) disclose any information about Entrant to law enforcement or other government officials as the Sponsor Entities, in their sole discretion, believe necessary or appropriate in connection with an investigation of wrongful conduct. Entrant may contact the Sponsor Entities at Attn: Legal, O’Neill Clothing, 14350 Myford Road, Irvine, CA 92606, USA, Tel: 855-554-5930 if Entrant wants the Sponsor Entities to change or delete any information that they have about Entrant or request that Entrant’s personal information not be shared. The Sponsor Entities will respond to such request within ten (10) business days.
USE OF ENTRANT’S PROPERTY AND LIKENESS: Entrant grants to each Sponsor Entity the non-exclusive unrestricted, worldwide right to reproduce, display, perform, distribute, exhibit, transmit, broadcast, copy, modify, create derivatives in whole or in part based thereon, or otherwise use Entrant’s Sweepstakes entry, the submitted photograph and Entrant’s name, trademark, service mark, trade name, likeness, photograph, signature and biography, or any part of any of the foregoing (“Entrant Property”), in combination with, or as a composite of, other matter, including, but not limited to, apparel, designs, marketing materials, text, data, images, photographs, illustrations, animation and graphics, and video and audio segments of any nature, in any medium, media or embodiment, now known or hereafter to become known for purposes of advertising, trade, or promotion by any Sponsor Entity.
Entrant waives all rights and releases each Sponsor Entity from, and shall neither sue nor bring any proceeding against any Sponsor Entity for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of the Entrant Property.
PRIZE NOTIFICATION: Sponsor will notify the winner via Instagram. If Sponsor receives a return of a notification as undeliverable, or is otherwise unable to contact a potential winner by telephone or e-mail within forty-eight (48) hours of selection, Sponsor may disqualify such potential winner, and select an alternate winner in Sponsor’s sole discretion. If a winner declines the Prize, Sponsor may, in its sole discretion, select an alternate winner. The winner must complete, sign, notarize and return an Affidavit of Eligibility/Confidentiality/Confirmation of Official Rules within fourteen (14) days of Sponsor’s issuance of prize notification. If such affidavit is not returned properly executed, or is returned to Sponsor as undeliverable, or if the winner does not otherwise comply with the Officials Rules, the Prize will be forfeited and awarded to an alternate winner.
MISCELLANEOUS: These Official Rules must be construed, and its performance enforced, under California law, without regard to its conflicts of law provisions. Exclusive jurisdiction must lie with the courts of California for all disputes, actions or proceedings arising out of or relating to these Official Rules. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action. The mention of any individual, group or Sweepstakes Party, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Sweepstakes Party or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
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