OFFICIAL
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
1.
How To Enter:
12-Day Give-O-Way Sweepstakes (the “Sweepstakes”): Beginning November 14th
2013 12:01 AM (ET) through November 25th, 2013 at 11:59 PM (ET), go
to oprah.com/12days, and complete and submit the entry form pursuant to the
on-screen instructions. Winner Selection: Twelve
(12) Winner[s] (individually and collectively, the “Winner”) will be selected
on or about December 2nd, 2013 in a random drawing from among all eligible
entries received. In the event the
Sponsor does not receive any eligible entries, the Sponsor has the right to
cancel 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. Prizes & Approximate Retail
Value: Twelve (12) Winner(s)
will receive a prize package consisting of: (i) items chosen by Oprah, listed
in the 2013 O List Favorite Things Edition (ARV: $13,054) and (ii) $3,916 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 $16,970 per Winner; Total ARV of all twelve (12) Prize
Packages is $203,640.. Please note
that all initialed, monogrammed, or personalize 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. Any
difference between the stated ARV and the actual value of the prize will not be
awarded in any form. Please allow a
minimum of six (6) months for delivery of prizes.
2.
Winner Notification: Winner will be notified
on or around December 2nd 2013, via e-mail, and/or at Sponsor’s
discretion, via phone or postal mail. In the event the Winner doesn’t respond
to Sponsor’s notification or does not accept the prize within seventy-two hours
(72) of notification, the prize will be deemed forfeited and an alternate Winner
will be selected. In the event that any one or more potential Winner(s) fails
to respond as stated above, declines the prize or fails to provide signed
affidavits or releases, such Winner(s) will be deemed to forfeit the prize and
Sponsor will select an alternate Winner(s) from the remaining eligible
entrants. If any alternate(s) similarly fails to respond or declines the prize,
Sponsor will use a reasonable number of attempts, in its discretion, to award
the prize(s) to another alternate(s) but if it is unable to do so, the prize(s)
will be finally forfeited and Sponsor shall have no further liability in
connection with this Sweepstakes. List of Winner(s): For the name(s) of the Winner(s), send a separate
self-addressed, stamped envelope to O Magazine 12-Day Give-O-Way Winners’ List,
Hearst Communications, Inc., 300 West 57th Street within two
(2) months from the Winner notification date as specified above.
3.
ENTRIES: Limit one (1) entry per person for Sweepstakes. Multiple
entries from the same person will be disqualified. Entries become the property of the Sponsor
and will not be returned. Proof of
submission does not constitute proof of receipt. Sponsor is not responsible for lost, late,
misdirected, incomplete or inaccurate entries. Incomplete entry forms or entry
forms that have been tampered with will be disqualified. If there is a dispute as to the identity of
an online 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.
4.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who are 21 years or
older. Void in Puerto Rico and where prohibited by law. Employees of Sponsor, its parents, affiliates
and subsidiaries, participating advertising and promotion agencies, independent
judging organizations, and prize suppliers (and members of their immediate
family and/or those living in the same of household of each such employee) are
not eligible.
5.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize
description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no
warranty or guarantee, either express or implied outside of manufacturer's
limited warranty. No transfer,
assignment or substitution of a prize permitted, except Sponsor reserves the
right to substitute prize for an item of equal or greater value in the event an
advertised prize is unavailable. The
Winner is required to comply with any and all applicable federal, state,
provincial, if Canadians are eligible to enter, and local laws, rules and
regulations. All federal, state and
local taxes, and any other costs not specifically provided for in these
Official Rules are solely the Winner’s responsibility. If the actual retail
value of any Winner’s prize is $600 or more, the Winner must complete a W9 form
and supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name
of the Winner (or, if a minor, in the name of his/her parent or legal guardian)
for the actual value of the prizes received. Sponsor shall have no
responsibility or obligation to the Winner or potential Winner who are unable
or unavailable to accept or utilize prizes as described herein. 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. Winner (and parent or legal guardian if Winner
is a minor) may be required to sign and return an Affidavit of Eligibility, a
Liability Release and where legally permissible a Publicity Release within seven
(7) 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. Return of any prize/prize notification as
undeliverable may result in disqualification and selection of an alternate Winner.
Winner hereby further agrees that it will sign any documents necessary to
transfer copyright of his/her submitted entry, if applicable, to Sponsor within
seven (7) days following the date of first attempted notification. By entering,
Entrant grants permission for Sponsor, and any of its affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to use the entrant’s submission (including an altered form of the
entry), if any, for editorial, advertising and promotional purposes without
additional compensation, unless prohibited by law. If images are being
submitted to Sponsor as a requirement for entry, Entrants agree that they have
all rights to use the images submitted and to allow Sponsor, any of its
affiliates and subsidiaries, participating advertising and promotion agencies,
and prize suppliers to reuse any of the images, without any liability, for
editorial, advertising and promotional purposes. Additionally, acceptance of
the prize by Winner constitutes permission for Sponsor and any affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to use Winner’s name and/or likeness and biographical material for
editorial, advertising and promotional purposes without additional compensation,
unless prohibited by law. By accepting prize, Winner agrees to hold Sponsor,
its advertising and promotion agencies and their respective parent companies,
subsidiaries, affiliates, partners, representative agents, successors, assigns,
officers, directors, and employees harmless for any injury or damage caused or
claimed to be caused by participation in the Sweepstakes or acceptance or use
of the prize. 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
prize.
6.
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
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 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 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.
7.
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 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 Sweepstakes and all aspects related thereto.
8.
SPONSOR: The Sponsor of this Promotion is Hearst
Communications, Inc., 300 W. 57th Street, New York, NY 10019.