OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING.
1. THE 12-DAY HOLIDAY
GIVE-O-WAY SWEEPSTAKES: How To Enter: Beginning November 29, 2010, at
12:01 AM (ET) through December 10, 2010, at 11:59 PM (ET), go to www.oprah.com/12days (the
“Website”) and complete and submit the entry form pursuant to the on-screen
instructions. Winner Selection: On or about
December 13, 2010, twelve (12) winners (individually, a “Winner” and
collectively, the “Winners”) will be selected in a random drawing from among
all eligible entries received throughout the Promotion. Drawing will be conducted by Hearst
Magazines, whose decisions are final.
Odds of winning will depend upon the total number of eligible entries
received. Prizes & Approximate Retail Value: Twelve (12) Winners will each receive a prize
package consisting of: (i) one of each of the items listed in the 2010 O List
Holiday Edition (the “O List Prizes”), (ii) an assortment of items from the
2010 “Oprah’s Favorite Things” show, which may include electronics, appliances,
clothing, food, and/or beauty products among other things (the “Favorite Things
Prizes”), all as selected by Sponsor and Harpo Productions, Inc. (“Harpo”) in
their sole discretion, and (iii) Six Thousand Eight Hundred Ten Dollars
($6,810.00) in cash, which Winners may use, if they so elect, to help defray
any tax consequences they may incur in connection with their acceptance of the
prizes. Approximate retail value (“ARV”) of the O List Prizes is Seven Thousand
Seven Hundred Dollars ($7,700.00) per Winner, with a total ARV for all twelve
Winners of Ninety-Two Thousand Four Hundred Dollars ($92,400.00). ARV of
the Favorite Things Prizes is Fifteen Thousand Dollars ($15,000.00) per Winner,
with a total ARV for all twelve Winners of One Hundred Eighty Thousand Dollars
($180,000.00). For the O List Prizes, all initialed, monogrammed, or
personalized items, and all perishable items, will be redeemed with a voucher. Total
Approximate Retail Value of All (12) Prizes: Three Hundred Fifty-Four
Thousand One Hundred Twenty Dollars ($354,120.00) (Twenty-Nine Thousand Five
Hundred Ten Dollars ($29,510.00) per Winner). Winners will be notified
via phone, e-mail or postal mail, at Sponsor’s discretion, on or about December
13, 2010. Potential winners who do not respond within three (3) days of first
attempted notification are deemed ineligible. Winner’s List: For Winners’ names, log onto the Website after
February 7, 2011. Incomplete, misdirected, inaccurate,
lost, late, delayed, undelivered, damaged or illegible
entry forms or entries that have been tampered with will be disqualified.
2.
ENTRIES: Limit one (1) entry per household per day for the 12-Day Holiday Give-O-Way Sweepstakes (hereinafter referred to
as the “Promotion”). Entrants can only win one (1) of the prize packages
offered. Multiple entries from the same household will be disqualified. Entries
using macro, robotic, script or other forms of automatic entry will be
disqualified. Entries become the
property of the Sponsor and will not be returned or acknowledged. Proof of
submission does not constitute proof of receipt. If there is a dispute as to
the identity of an entrant, the prize will be awarded to the authorized account
holder of the email address. The
“authorized account holder” is defined as the natural person to whom the email
address is assigned by an Internet service provider, online service provider or
other organization (e.g., business, educational institution, etc.) that is
responsible for assigning email addresses for the domain associated with the
submitted email address.
3. ELIGIBILITY: Entrants must be legal residents of the 50 United States and the District of Columbia who
have reached the age of majority in their state of residence at time of
entry. Void where prohibited by
law. Employees, officers,
directors or agents of Sponsor, Harpo, and the prize providers, or their
respective parents, affiliated entities and subsidiaries, participating
advertising and promotion agencies (and members of their immediate family
and/or those living in the same household of each such employee) are not
eligible to enter or win.
4.
CONDITIONS OF PARTICIPATION: Online entrants must have a valid e-mail
address and it is an entrant’s responsibility to update Sponsor of any change
in e-mail address. Winners are each
solely responsible for any expenses not specifically included in the prize
package description. The reporting and payment of all federal, state, and local
taxes incurred by acceptance of the prize package (or any portion thereof) are
the sole responsibility of each Winner. Each prize package is awarded “as is”
with no warranty or guarantee, either expressed or implied outside of the
respective manufacturers’ limited warranties.
No transfer, assignment or substitution of a prize (or any portion
thereof) is permitted, except Sponsor and Harpo reserve the right to substitute
a prize for an item of equal or greater value in the event an advertised prize
is unavailable for any reason. All
federal, state, and local laws and regulations apply. Entrants agree to be bound by the terms of
these Official Rules and by the decisions of Sponsor, which are final and
binding on all matters pertaining to this Promotion. Winners may each be required to sign and
return an Affidavit of Eligibility, a Liability Release and where legally
permissible a Publicity Release within six (6) days following the date of first
attempted notification. Failure to
comply with this deadline may result in forfeiture of the prize and selection
of an alternate winner. Winners hereby
further agree that they will sign any documents necessary to transfer copyright
of the entries to Sponsor within six (6) days following the date of first
attempted notification. Return of any
prize/prize notification as undeliverable may result in disqualification and
selection of an alternate winner. Acceptance of the prize constitutes
permission for Sponsor and its agencies to use any Winner’s name and/or
likeness, biographical material and/or entry (including an altered form of the
entry) for advertising and promotional purposes without addition compensation,
unless prohibited by law. By accepting the prize package, Winners agree to hold
Sponsor, Harpo, the prize providers, their advertising and promotion agencies
and their respective parent companies, subsidiaries, affiliates, partners,
representative agents, successors, assigns, officers, directors, and employees
harmless for any injury (including death) or damage to persons or property
caused or claimed to be caused, directly or indirectly, by participation in the
Promotion (including the way in which Winners are selected), the delivery,
acceptance, use or misuse of any of the prizes and/or claims based on
publicity rights, defamation or invasion of privacy. Neither Sponsor nor Harpo:
(i) are responsible for any loss (financial or otherwise), injury or damage to
persons or property which may be caused directly or indirectly, in whole or in
part, from downloading any material from the Website, regardless of whether the
material was prepared by Sponsor or a third party, and regardless of whether
the material is connected to the Website by a hypertext link, nor (ii) assume
any liability either for the cancellation, modification or premature conclusion
of the Promotion for any reason or through the acts or defaults of any company
or person providing any prize. All such losses or expenses must be borne by the
affected participants and/or Winners. Sponsor is not responsible for any
printing, typographical, mechanical or other error in the printing of the
offer, administration of the Promotion or in the announcement of the
prizes.
5.
INTERNET: Sponsor
is not responsible for electronic transmission errors resulting in the
omission, interruption, deletion, defect, delay in operations or transmission,
theft or destruction or unauthorized access to or alterations of entry
materials, or for technical, network, telephone equipment, electronic,
computer, hardware or software malfunctions or limitations of any kind, or
inaccurate transmissions of or failure to receive entry information by Sponsor
or presenter on account of technical problems or traffic congestion on the
Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the
program is not capable of running as planned, including infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical failures,
or any other causes which corrupt or affect the administration, security,
fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the
right at its sole discretion to cancel, terminate, modify or suspend the
Promotion. Sponsor reserves the right to
select Winners from all eligible entries received as of the termination
date. Sponsor further reserves the right
to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from
participating in the Promotion if it determines that said entrant is attempting
to undermine the legitimate operation of the Promotion by cheating, hacking,
deception or other unfair playing practices or intending to abuse, threaten or
harass other entrants. Caution: Any attempt
by a participant to deliberately damage any Web site or undermine the
legitimate operation of the Promotion is a violation of criminal and civil laws
and should such an attempt be made, Sponsor reserves the right to seek damages
from any such participant to the fullest extent of the law.
6.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that:
(1) any and all disputes, claims and causes of action arising out of or
connected with this Promotion or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by
state or federal courts situated in New York, NY, (2) any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred,
but in no event attorneys' fees; and (3) no punitive, incidental, special,
consequential or other damages, including without limitation lost profits may
be awarded (collectively, "Special Damages"), and (4) entrant hereby
waives all rights to claim Special Damages and all rights to have such damages
multiplied or increased. New York State
law, without reference to New York’s
choice of law rules, governs the Promotion and all aspects related
thereto.
7. SPONSOR: The Sponsor of these
Promotions is Hearst Communications, Inc., 300 West 57th Street, New
York, NY 10019.
Harpo is a prize sponsor only.