OFFICIAL
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPTAKES IS IN NO WAY SPONSORED,
ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.
YOU ARE PROVIDING YOUR INFORMATION TO O, THE
OPRAH MAGAZINE, NOT TO FACEBOOK. THE INFORMATION YOU PROVIDE TO O, THE OPRAH
MAGAZINE AND ITS AGENCIES MAY BE USED FOR ADVERTISING AND PROMOTIONAL PURPOSES
WITHOUT ADDITIONAL COMPENSATION OR CONSENT, UNLESS PROHIBITED BY LAW.
HOW TO ENTER: O's
Favorite Things Sweepstakes (the “Sweepstakes”): Beginning
Tuesday, 12/3/2013 at 12:01 AM (ET)
through Wednesday, 12/11/2013, at 11:59 PM (ET) ("Sweepstakes
Entry Period”), go to http://www.facebook.com/oprahmagazine and fill out the
O's Favorite Things Facebook Giveaway entry form. Entrant must also be a current fan of O, The Oprah Magazine’s Facebook
page by clicking the "Like" button (or having previously “Liked”) at facebook.com/oprahmagazine.
Information required on the entry form
(collectively, “Entry Information”) consists of first and last name, complete
address, telephone number including area code, date of birth, and email
address. You must be a member of Facebook.com to enter. If you do not have a Facebook
account, you can sign up for one here for free at: http://www.facebook.com. Winner Selection: The
winner will be selected on or about Monday, 12/16/2013 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 O, The Oprah Magazine, whose decisions
are final. Odds of winning will depend
upon the total number of eligible entries received. In the event Canadians are
eligible to enter as specified in the Eligibility paragraph below, and if there
is a Canadian Winner, the Winner will be required to correctly answer a
mathematical skill testing question as a condition of receiving the prize. Prizes & Approximate Retail Value:
One
(1) Winner will receive a prize package consisting of: (i) items chosen by
Oprah, listed in the 2013 O List Favorite Things Edition and on
Oprah.com/12days (ARV: $12,566); and (ii) $3,770 in cash, which the winner may
use, if they so elect to help defray and tax liability they might incur by
accepting the prizes. Total Approximate Retail Value of All Prizes:
$16,336. 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.
1.
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 O's Favorite Things Facebook
Giveaway Winners’ List, Hearst Communications, Inc.,
300 West 57th Street within two (2) months from the Winner
notification date as specified above.
2.
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.
3.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who are 21 years of
age 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.
4.
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.
5.
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.
6.
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.
7.
SPONSOR: The Sponsor of this Promotion is Hearst
Communications, Inc., 300 W. 57th Street, New York, NY 10019.