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 (the “Sweepstakes”): Beginning December 1, 2014 at 12:01 AM (ET) through December
12, 2014 at 11:59 PM (ET) (the “Entry Period”), go to oprah.com/12days on a computer or wireless device and
complete and submit the entry form, including the official code found in the
December 2014 issue of O, The Oprah Magazine and on oprah.com/12days, pursuant
to the on-screen instructions. Important Notice: You may be charged for
visiting the mobile website in accordance with the terms of your service
agreement with your carrier. Please consult your wireless service provider
regarding your pricing plan. You must use a Smartphone device to participate
via your mobile phone. Not all mobile phone providers carry the necessary
service to participate. Check your phone capabilities for specific Internet
instructions. If your data usage exceeds what is allotted by your data plan,
you could be subject to additional fees by your carrier. Please contact your
mobile service provider with any questions regarding your bill. Winner Selection: Winner[s] (individually
and collectively, the “Winner”) will be selected on or about December 15, 2014 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 O, The Oprah
Magazine, 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 (collectively, the “Prize Package”) consisting
of: (i) items chosen by Oprah, listed in the 2014 O List Favorite Things edition
appearing in the December 2014 issue of O, The Oprah Magazine, however, such
prizing shall be at the discretion of O, The Oprah Magazine (ARV: $13,237); and
(ii) $3,971 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. All prize details are at the Sponsor’s sole discretion. The
items in the Prize Package will also be listed on www.oprah.com/12days.
Total Approximate retail value (“ARV”) of each Prize Package is $17,208
per winner; Total ARV of all twelve (12) Prize Packages is $206,496. 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. O, The Oprah
Magazine or Sponsor make no warranties or representations with regard to the
sufficiency of the cash payment to defray winners’ tax expenses, and the Winner
will be fully responsible for making their own calculation of his or her
individual tax liability. Any difference between the stated ARV and the
actual value of the Prize Package will not be awarded in any form. Please
allow a minimum of six (6) months for delivery of all prizes within the Prize Package.
If a state law prevents the Winner(s) from accepting any portion of the prize
that includes alcohol, Sponsor will provide a non-alcohol related prize of
equal or comparable value.
2. WINNER NOTIFICATION: Winner
will be notified on or around December 15, 2014, 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 (72) hours 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 with 48 hours, such Winners will
be deemed to forfeit the prize and Sponsor will select an alternate Winners
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 prizes to another alternate, but if
it is unable to do so, the prizes will be finally forfeited and Sponsor shall
have no further liability in connection with this Sweepstakes. List of
Winner(s): For the names of the
Winners, 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. Limit one (1) prize per household between
this Promotion and any other promotion included in the December 2014 issue of
O, The Oprah Magazine, including without limitation, Oprah’s Favorite Things
Instant Win Sweepstakes. Entries become the property of the Sponsor and
will not be returned. Proof of
submission does not constitute proof of receipt. If applicable, inaccurate, lost, late,
misdirected or incomplete or entry forms that have been tampered with will be
disqualified. Entrants must have valid email address and it is entrant’s
responsibility to update Sponsor of any change in email address. 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, carrier, or
other organization (e.g., business, educational institution, etc.) that is
responsible for assigning the 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, 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 within
48 hours of first attempted notification.
An IRS Form 1099 will be issued in the name of the Winner 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 Sweepstakes. Winner may be required to sign and return an Affidavit
of Eligibility, a Liability Release and where legally permissible a Publicity
Release within 48 hours 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
48 hours 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/mobile: 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, at any Web site, or via the mobile phone or
any combination thereof. If for any
reason the Internet or mobile phone 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 of 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 the 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.
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 Sweepstakes is Hearst Communications, Inc., 300
W. 57th Street, New York, NY
10019.