OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING.
12 DAY
GIVE-O-WAY SWEEPSTAKES (the “Sweepstakes”). How To Enter: Beginning
November 26th, 2012 at 12:01 AM (ET) through December 7th, 2012 at 11:59 PM
(ET) (the “Promotion Period”), 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 10th, 2012, twelve (12) potential winners
(individually, a “Winner” and collectively, the “Winners”) will be selected in
a random drawing from among all eligible entries received during the Promotion
Period for the Sweepstakes. Drawing will
be conducted by Sponsor, whose decisions are final. Odds of winning will depend upon the total
number of eligible entries received during the Promotion Period. Winner
Notification: Winners will be notified via phone, e-mail, or postal mail,
at Sponsor’s discretion, on or about December 12th, 2012. Potential winners who do not respond within
forty-eight (48) hours of first attempted notification are deemed ineligible. Prizes &
Approximate Retail Value: Twelve (12) Winners will each receive a
prize package consisting of: (i) items chosen by Oprah, listed in the 2012 O
List Favorite Things Edition on pages 77-94
(ARV: $21,594); and (ii) $6,478 in cash, which Winners may use, if they
so elect, to help defray any tax liability they may incur in connection with
their acceptance of the Prize Package (collectively, the “Prize Package”). The items in the Prize Package will also be
listed on www.oprah.com/12days. Approximate retail
value (“ARV”) of each Prize Package is $28,072 per Winner; Total ARV of all twelve
(12) Prize Packages is $336,864 for all Winners. Please note that all initialed, monogrammed,
or personalized items, and all perishable items in each Prize Package may only
be redeemed with vouchers to be provided by Sponsor, and each such voucher must
be redeemed by the dates indicated on each voucher. Winners may also receive
pre-selected sizes of clothing and shoes in the Prize Package. Hearst makes no warranties or representations
with regard to the sufficiency of the cash payment to defray winners’ tax expenses,
and each winner will be fully responsible for making their own calculation of
their individual tax liability. Winners’ List: For Winners’ names, log onto the Website by February
12th, 2013. Incomplete, misdirected, inaccurate, lost, late, delayed,
or undelivered entry forms or entry forms that have been tampered with will be
disqualified.
1.
ENTRIES: Limit one (1) entry per household per day
for the 12 DAY GIVE-O-WAY SWEEPSTAKES. 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,
education institution, etc.) that is responsible for assigning email addresses
for the domain associated with the submitted email address.
2.
ELIGIBILITY: Entrants must be legal residents of the 50
United States and the District of Columbia who are 21 years or older at time of
entry. Void in Puerto Rico and where
prohibited by law. Employees, officers,
directors or agents of Sponsor, Harpo and OWN Networks and prize providers contributing
to the Prize Package, 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.
3.
CONDITIONS OF PARTICIPATION: Online entrants must have a valid e-mail
address and it is 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. Sponsor is required to
report the total Prize Package for each Winner to Internal Revenue Service so
each potential Winner will be required to provide his/her tax ID number as a
condition of getting the Prize Package. While
Sponsor will report the value of the final Prize Package for each Winner to the
Internal Revenue Service and will attempt to offset some or all of Winner’s tax
liability, the 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 reserves 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 the 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 Sweepstakes. Winners will each be required to sign and
return an Affidavit of Eligibility, a Liability Release and where legally
permissible a Publicity Release within seventy-two (72) hours following the
date of first attempted notification.
Failure to comply with this deadline may result in forfeiture of the Prize
Package. Return of any prize/prize
notification as undeliverable may result in disqualification and selection of
an alternate winner. Acceptance of the Prize
Package, or any portion thereof constitutes permission for Sponsor and its
agencies to use any Winner’s name and/or likeness, biographical material and/or
entry (including an altered from 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, OWN and 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 Sweepstakes (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. Sponsor is not responsible for any loss
(financially 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. Sponsor
will not assume any liability either for the cancellation, modification or
premature conclusion of the Sweepstakes 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 Sweepstakes
or in the announcement of the prizes.
4.
INTERNET: Sponsor is not responsible for electronic
transmission errors resulting in 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 Sweepstakes,
Sponsor reserves the right at its sole discretion to cancel, terminate, modify
or suspend the Sweepstakes. Sponsor
reserves the right to select winners from 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 a Sweepstakes if it determines that said entrant is
attempting to undermine the legitimate operation of the Sweepstakes 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 Sweepstakes 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.
5.
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 Sweepstakes 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; (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 Sweepstakes and all aspects
related thereto.
6.
SPONSOR: The Sponsor of this Sweepstakes is Hearst
Communications, Inc., 300 West 57th Street, New York, NY 10019.