International Surfing Day
OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF UNITED STATES OF AMERICA AS OF THE DATE OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. All decisions regarding the winner of this Promotion are final and binding in all respects.
1. PROMOTION PERIOD.
Promotion begins Saturday, June 16, 2018 at 12:01 AM (PT) and ends Friday, June 22, 2015 at 11:59 PM (PT), when all entries must be received (“Promotion Period”).
This contest (the “Promotion”) is only open to legal residents of the United States of America as of the date of entry, who are 18 years of age or older at the time of entry or whose parents agree to be bound by the terms of this Promotion, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion. This Promotion is void outside the United States of America and where prohibited or restricted by law. No Purchase Is Necessary.
3. HOW TO ENTER.
Entrant’s must fill out all fields provided at this link: us.oneill.com (https://us.oneill.com/pages/international-surf-day-giveaway) which can also be accessed via the Sponsor’s social media pages including Instagram (Instagram.com/oneillwomens), Twitter (twitter.com/oneillwomens), and Facebook (www.facebook.com/ONeillWomens) during the Promotion Period. Follow the instructions to complete and submit the entry form. You must complete the entry form completely and opt in to the O’Neill email newsletter (“Submission”).
4. WINNER SELECTION AND NOTIFICATION.
A winner will be picked at random on Friday June 22, 2018, at 5:00 p.m. (PT). The winner will be notified via the email address provided in the Submission. The Sponsor reserves the right, at its sole discretion, to disqualify any entry if it concludes that the entrant tampered with the entry process or the operation of this promotion, or acted in violation of these Official Rules or any applicable federal, state, provincial, or local law, or regulation.
5. ENTRANT’S REPRESENTATIONS AND WARRANTIES.
Each entrant represents and warrants that the submission is filed by the entrant. Each entrant further represents and warrants that no submission violates or infringes the rights or interests of any third party. Each entrant further represents and warrants that all information submitted to the Sponsor is complete and accurate.
5. PRIZE DESCRIPTION.
Retail value $500. An O’Neill x Kopari Prize Pack which shall include: Hybrid Surf Suit, Salt Water Solids Bikini, Aloha Beach Tote, and Kopari Skincare product only redeemable at the website US.Oneill.com will be awarded to one (1) entrant. The prize is not redeemable at any O’Neill store or through any third party vendor selling or distributing O’Neill products.
6. ANTICIPATED NUMBER OF CONTESTANTS AND PRIZE WINNERS.
The Sponsor has not operated or promoted any prior contest in a form substantially comparable to the operation and promotion of this Promotion and has no information to disclose regarding the anticipated number of contestants and prize winners. The odds of winning will depend on the number of eligible entries.
All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility of each person who receives a prize.
8. OWNERSHIP AND LICENSE.
The Submission shall remain the property of the entrant, but entry into and participation in this Promotion constitutes entrant’s irrevocable and perpetual grant, without further compensation, with or without attribution, to the Sponsor and others authorized by the Sponsor, 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 any Submission and the entrant’s name, trademark, service mark, trade name, likeness, photograph, signature and biography, and 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, graphics, and video and audio segments of any nature, in any medium, media or embodiment, now know or hereafter to become known for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and others authorized by the Sponsor.
9. NO PRIZE TRANSFER OR SUBSTITUTION.
No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No winner may receive a substitute prize except as may be determined by Sponsor in its sole discretion, in which case Sponsor will substitute a prize of equal or greater value.
10. CONSENT AND RELEASE.
By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their licensor(s), licensee(s), parent(s), subsidiary(ies), and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, attorneys, insurers, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to all the terms of these official Rules, (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her Submission or any prize; (iii) any potential winner and members of his/her team may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release; and (iv) if prize involves travel or activities, any potential winner and members of his/her team (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first attempts to notify the potential winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release.
(i) Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to select a winner from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. If the stated approximate retail value(s) of a prize is more or less than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
12. APPLICABLE LAWS AND JURISDICTION.
This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in California. Should there be a conflict between the laws of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
13. WINNER’S LIST.
For up to two (2) years following the conclusion of the Promotion, upon an entrant’s request, Sponsor will provide the name of the winner, and the prize won by the winning Submission. In addition, for up to two (2) years following the conclusion of the Promotion, the Sponsor will promptly send to each member of the public upon her request, the actual number and percentage of entrants who were selected as winners.
Any person requesting such information, should send a self-addressed, stamped envelope to: Winner List, “International Surfing Day 2018 Contest,” Shelby Froehlich, 14350 Myford Road, Irvine, CA 92606.
This Promotion is sponsored by La Jolla Sport USA, Inc dba O’Neill Clothing (“Sponsor”).