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: Fall O-Wards
Sweepstakes (the “Sweepstakes”): There
are two (2) ways to enter beginning September 16th, 2014 at
12:01 AM (ET) through October 13th, 2014 at 11:59 PM (ET), (the “Entry Period”): (i) Go to www.oprah.com/fallmakeup on
a computer and complete and submit the entry form pursuant to the
on-screen instructions; or (ii) Go to
www.oprah.com/fallmakeup on a wireless device and complete and submit
the entry form 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 October 15th, 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: Five (5) Winner(s) will each receive a
collection of Make-up from the Fall O-Wards ARV: $2,036. Total ARV of all five
(5) Prize Packages is $10,180. Any difference between the stated ARV and the
actual value of the prize will not be awarded in any form 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 within one (1) month of the last day of the Sweepstakes, 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
five (5) business days 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 Fall O-Wards Sweepstakes
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. If applicable, inaccurate, lost, late,
misdirected or incomplete or entry forms that have been tampered with will be
disqualified. Online 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 at time
of entry. 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 the minor) 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 (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/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.