1.
HOW TO ENTER: Oprah’s Favorite Things Instant Win Sweepstakes (the “Promotion”):
Look
for the Instant Win Sweepstakes code in the December 2014 issue of O, The Oprah
Magazine, available via subscription as early as November 3, 2014 and at
newsstands approximately November 11, 2014 to December 8, 2014, while supplies
last. Exact dates may vary depending on
newsstand. There are two (2) ways to enter: Beginning November 3, 2014 at
12:01AM (ET) through November 21, 2014 at 11:59 PM (ET) (the “Entry Period”),
either (i) go to oprah.com/instantwincover (“Promotion
Site”) on a computer or wireless device and complete
and submit the entry form, along with the twelve-digit alphanumeric Instant Win
Sweepstakes code (“Official Code”), pursuant to the on-screen instructions; or
(ii) send an email to oprahcoverinstantwin@hearst.com from a computer or
wireless device and you will receive
an automatic reply containing the Official Code; then follow the directions in
subsection (i). If you submit the Official
Code at a randomly pre-determined winning moment, or, if no one submits the Official
Code at a randomly pre-determined winning moment and you are the first person
to submit the Official Code immediately following such winning moment, you will
be served a pop-up window which reveals a winning message, and you may have won
the prize specified, subject to verification of eligibility and the terms of
these Official Rules. The winning date and time is randomly predetermined by the
Sponsor, whose decisions are final on all matters relating to this
Promotion. If the pop-up window you are
served contains any message other than a winning message, you are not a winner.
The odds of winning are the same regardless of method of entry. Each person can
only enter one time during the Entry Period. 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.
6. CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize
description and all taxes are the sole responsibility of the Winner. Each prize within the Prize Package 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, or otherwise in its sole
discretion. 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
forty-eight hours following the date 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 Promotion. Winner may be required to sign and return an
Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity
Release within forty-eight (48) hours following the date of first attempted
notification. Failure to comply with this
or any deadline may result in forfeiture of the prize and selection of an
alternate Winner which Sponsor will select from the remaining eligible entrants
using another predetermined winning date and time stamp. 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, Harpo
Productions, Inc., and any of their 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, Harpo Productions, Inc., any of their 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, Harpo Productions, Inc., 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, notification, or permission, unless prohibited by law. By
accepting prize, Winner agrees to hold Sponsor, Harpo Productions, Inc., their
advertising and promotion agencies and their respective parent companies, subsidiaries,
affiliates, partners, representative agents, successors, assigns, officers,
directors, and employees (collectively, “Released Parties”) harmless for any
injury or damage caused or claimed to be caused, in whole or in part, directly
or indirectly, by participation in the Promotion or acceptance or use of any of
the prizes (including, but not limited to, any travel or activity related
thereto, if applicable). Released
Parties are 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 Prize Package.
7. RELEASE OF LIABILITY: Released Parties are not liable for any
entries, Official Codes, or prize claims which are lost, late, garbled, illegible,
misdirected, delayed, stolen, damaged, incomplete, inaccurate or any
combination thereof, or for any technical hardware or software failures of any
kind, any errors of any kind relating to or in connection with the Promotion,
whether human, mechanical, clerical, electronic, network or technical in
nature, lost or unavailable network connections, or failed, incomplete, or
delayed computer transmission which may limit a user's ability to participate
in the Promotion in any way, including without limitation the incorrect or
inaccurate capture of information, or the failure to capture any information in
connection with the Promotion. Released Parties are not
responsible for any problems or the technical malfunction or electronic
transmission errors of any telephone network or lines, computer on-line
systems, servers, or providers, software or hardware equipment, or any
combination thereof, including any injury or damage to entrant’s or any other
person’s computer or property related to or resulting from participation with
this Promotion or for any other errors or problems of any kind, whether
technical, computer, typographical, printing, human or otherwise, including but
not limited to, errors or problems which may occur in connection with the
administration of the Promotion, the processing of entries or prize claims, the
announcement of the prizes or in any Promotion-related materials, including but
not limited to errors resulting in omission, interruption, deletion, defect,
delay in operations or transmission, theft or destruction or unauthorized
access to or alternations 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 Released Parties 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 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. If, for any reason, the Promotion is not
capable of running as planned, or if the Promotion or the Promotion Site (or
any portion thereof) becomes corrupted or does not allow the proper playing of
the Promotion and processing of entries in accordance with these Official
Rules, or if infection by computer virus, bugs, tampering, unauthorized
intervention, actions by entrants, fraud, technical failures, or any other
causes, in the Sponsor’s sole opinion, corrupts or affects the administration,
security, fairness, integrity, or proper conduct of the Promotion or the
granting of a prize or any component thereof, Sponsor reserves the right, in
its sole discretion, to disqualify any individual implicated in such action
(and void all associated entries) and/or to cancel, terminate, modify, or
suspend the Promotion or any portion thereof. 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. In the event the Promotion is cancelled, and
to the extent possible as determined by Sponsor, Sponsor will determine the
Winner at random from among all eligible, non-suspect non-winning entries
received prior to the time of the action. In the event that Sponsor determines
that there are no eligible entrants, Sponsor reserves the right in its sole
discretion to not award the prizes (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER
INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE PROMOTION SITE)
OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL
AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE
RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY
SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties assume no responsibility for
undeliverable e-mails resulting from any form of active or passive e-mail
filtering by a user's Internet service provider and/or e-mail client or for
insufficient space in user's e-mail account to receive e-mail. If a dispute
arises about who submitted an entry on the Promotion Site, the entry will be
deemed submitted by the authorized account holder of the e-mail account entered
and he/she must be eligible according to these Official Rules. The authorized
account holder is deemed the natural person who is assigned to an e-mail
address by an Internet access provider, service provider, or other online
organization that is responsible for assigning e-mail addresses for the domain
associated with the submitted e-mail address.
A potential winner may be requested to provide the Sponsor, within forty-eight
(48) hours of notification, with proof that he/she is the authorized account
holder of the e-mail address associated with the winning entry (if applicable)
and that all eligibility requirements are met.
8. 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 Promotion and all aspects related thereto.