FNITW Challenge Rules
FIRST NAME IN THE WATER CONTEST OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN.
2. HOW TO ENTER: Beginning on August 3, 2020 at 12:00 AM PST through September 31, 2020 at 11:59 PM PST, show us how you are the “first name in the water” by posting a photo or short video on Instagram. Tag your post with #iamtheFNITW, @oneillusa, and @tag a friend for a chance to receive a prize.
3. JUDGING CRITERIA: We will choose winners based submissions that meet all entrance requirements and show you pitting in the best effort to be the FNITW, be it a dawn patrol lineup shot with no one out or in the parking lot gearing up.
4. NUMBER OF ENTRIES. You may post one entry per bi-weekly selection period:
• August 3 – 14
• August 15 – 28
• August 29 – September 11
• September 12 – 30.
Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple profiles in an attempt to circumvent the rules.
5. ELIGIBILITY. Open to residents of the 50 United States and D.C. You must be 18 years of age and older, or 13-18 with verifiable parental consent, as of the date of your entry. Employees of La Jolla Sport U.S.A., d.b.a. O’Neill Clothing (“Sponsor”) or its affiliates, subsidiaries, and agencies (collectively “Promotion Parties”), and members of their immediate family or persons living in the same household are not eligible to enter. Void where prohibited.
6. CONTENT STANDARDS. You may not post entry content that (a) contains illegal, defamatory, or obscene content; (b) depicts unlawful or dangerous activities, or in any way promotes unsafe activities that could lead to an unsafe situation involving the Promotion Parties’ consumers or other individuals; (c) is offensive, harassing, or has the purpose of creating an intimidating or hostile environment; (d) uses ethnic slurs, personal insults, obscenity, or other offensive language; (e) is not your original content; (f) infringes a third party’s copyright, trademark, or other intellectual property rights; or (g) violates a third party’s right of publicity or right of privacy (do not include images that feature identifiable people unless you have their permission, or they are you or your immediate family). Such content will be disqualified from contest eligibility.
7. ENTRANT REPRESENTATIONS AND WARRANTIES. By entering the contest, you represent and warrant that (a) you have all necessary rights to post the entry content; (b) you acknowledge that your post is public and not confidential, and the Promotion Parties have a right to remove or refuse to post any entry content; (c) you, and not the Promotion Parties, are responsible for your post and entry content; (d) you will indemnity the Promotion Parties for any losses, damages, or other liabilities incurred by a Promotion Party arising from your post or entry content; and (e) your entry content complies with the Content Standards above.
8. WINNING: Winners will be selected from each selection period (above).
Potential winners will be notified via direct message and must sign and return any required Affidavit of Eligibility and Release within 15 days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this contest, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters.
9. LICENSE; PUBLICITY: Acceptance of a prize also constitutes (a) permission to the Promotion Parties to use winner’s name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law; (b) a non-exclusive license granting the Promotion Parties the right to use, reproduce, modify, perform, display, and distribute the winning content during or after the contest.
10. PRIZES: Four winners, one winner from each selection period, will receive an O’Neill Hyperfreak wetsuit (prize value [$###.##]). Each of the four winners will be automatically entered to win the grand prize: an all-expenses paid trip to the North Shore of Hawaii for two, a signed Jordy Smith Stab in the Dark surfboard, a custom Smith Shapes surfboard, $500 in store credit to us.oneill.com (total grand prize value $6,500.00). No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate, runner-up winner by way of the judging criteria from among the remaining eligible entries. Only three alternate winners will be selected, after which the prize will remain un-awarded.
11. LIMITATION OF LIABILITY: By entering this contest, entrant waives all right to, and holds the Promotion Parties and Instagram harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this contest or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this contest; by any human error which may occur in the processing of the entries in this contest; or any typographical, technological, or other error in the publishing of the offer, administration of the contest, or announcement of the prizes. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the contest, Sponsor reserves the right, in its sole discretion, cancel or modify this contest in any manner it deems appropriate. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form. This contest is in no way sponsored, endorsed, or administered by, or associated with Instagram.
12. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this contest and these Official Rules are governed by, and construed in accordance with, the laws of California, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this contest and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Orange County, California.
13. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on us.oneill.com. To read the Privacy Policy, click here.
14. SPONSOR: La Jolla Sport U.S.A., d.b.a. O’Neill Clothing, 14350 Myford Road, Irvine, CA 92606.
