OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED,
ENDORSED OR ADMINISTERED BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM, TWITTER
OR FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR
AND NOT TO INSTAGRAM, TWITTER OR FACEBOOK.
NO PURCHASE NECESSARY TO ENTER OR WIN O
Magazine & Swash Sweepstakes Sponsored by Hearst Communications, Inc. There
are three (3) ways to enter the Sweepstakes beginning August 12th,
2014 at 12:01 AM (ET) through September 15th, 2014 at 11:59 PM (ET):
either (i) sign in at Twitter.com on a computer using your Twitter account, or
if you are not an existing member of Twitter, you will be required to follow
the directions and join Twitter, which is free, and follow Sponsor’s Twitter
feed @OMagCircle and tweet a photo of you and the September 2014 issue of Oprah
Magazine wearing your favorite “special” piece that you wish you could wear every
day at and include hashtag #omagswashsweeps #omagcircle and #TheSwashEffect; or
(ii) Wireless Entries: go to your Twitter app, or if you are not an existing
member of Twitter, you may download the Twitter app by visiting your mobile phone app store, and follow the
directions to join Twitter, which is free, and follow Sponsor’s Twitter feed
@OMagCircle and tweet at a photo of you and the September 2014 issue of Oprah
Magazine wearing your favorite “special” piece that you wish you could wear
every day and include hashtag #omagswashsweeps #omagcircle and #TheSwashEffect;
or (iii) Entrant must follow Sponsor’s Instagram feed at @OMagCircle, follow
the online instructions to upload and submit one (1) photograph reflecting you
and the September 2014 issue of Oprah Magazine wearing your favorite “special”
piece that you wish you could wear every day and include hashtag
#omagswashsweeps #omagcircle and #TheSwashEffect. PURCHASE
OF O MAGAZINE IS NOT NECESSARY TO
ENTER. Entrant may register with
Instagram to enter the Sweepstakes. There is no cost to register with
Instagram. If you do not have an Instagram account, you can sign up for one
either at your mobile phone app store or at www.instagram.com. If you are not an
existing member of Twitter, you will be required to follow the directions and
join Twitter at https://twitter.com/, which is free, or you may download
the Twitter app by visiting your mobile phone app store
and follow the directions to join Twitter.
When you join Twitter, you are indicating that you have read and agree to
accept the Twitter Terms of Service and Privacy Policy. 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: At the end of the
Entry Period, Sponsor will review all of the initial entries for eligibility. Winner[s](individually
and collectively, the “Winner”) will be selected on or about September 18th,
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) winners will receive a Swash
device. Approximate retail value of each
prize is $499.00 per winner. Total ARV
for all five (5) winners is $2,495. Any
difference between the stated ARV and the actual value of the prize will not be
awarded in any form.
1.
WINNER NOTIFICATION: Winner will be notified
within one (1) month of the last day of the Sweepstakes, by a comment placed on
their Entry by Sponsor promptly following the winner selection and must respond
via email address providing contact information within 48 hours from
notification or an alternate potential winner will be selected. 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):
The name(s) of the winner(s) of the
Sweepstakes will be posted on the Instagram and Twitter feed once the Winner(s)
has been selected. For the name(s) of the Winner(s), send a separate
self-addressed, stamped envelope to O, The Oprah Magazine O Magazine Swash
Sweepstakes Winners’ List, Hearst Communications, Inc., 300 West 57th Street (36th Floor) NY,
NY 10019 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. If
applicable, illegible, inaccurate, lost, late, misdirected, incomplete, mutilated,
postage due or mechanically reproduced entry forms 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. The mobile phone number and wireless service
provider/carrier of mobile entrants (if applicable) will be automatically
captured in the Sweepstakes database and all participation will be limited to
that phone number unless entrant notifies Sponsor of a change. If there is a
dispute as to the identity of an online or mobile entrant, the prize will be
awarded to the authorized account holder of the email address or mobile
phone. The “authorized account holder”
is defined as the natural person to whom the email address, mobile phone,
Twitter or Instagram account is assigned by an internet service provider,
online service provider, carrier, mobile phone provider 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 or responsible for assigning the mobile phone number, Twitter or
Instagram account.
4. OWNERSHIP. By submitting your
entry in the Sweepstakes, you acknowledge and agree that Sponsor will own all
entries submitted by you in the Sweepstakes. Each entrant into the Sweepstakes
hereby irrevocably grants, transfers, sells, assigns and conveys to the
Sponsor, its successors and assigns, all present and future right, title and
interest of every kind and nature whatsoever in and to the entry(ies) for
exploitation throughout the universe, in perpetuity, by means of any and all
media and devices whether now known or hereafter devised. Sponsor shall have
the right, in its sole discretion, to edit, composite, morph, scan, duplicate,
or alter, the entry(ies) for any purpose which Sponsor deems necessary or
desirable, and each entrant irrevocably waives any and all so-called moral
rights they may have in the entry(ies) submitted by him or her. Each entrant
hereby acknowledges that such entrant does not reserve any rights in and to
his/her entry(ies). Sponsor shall have no obligation (express or implied) to
use any entry, or to otherwise exploit any entry or, if commenced, to continue
the distribution or exploitation thereof, and Sponsor may at any time abandon
the use of the entry(ies) for any reason
or no reason at all, and no entrant shall be entitled to any damages or other
relief by reason thereof.
5.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who are 18 years or
older at time of entry, and whose Instagram and Twitter setting is public,
whichever is relevant. 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.
6.
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 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, as well
as on Instagram and Twitter to announce the Winner, 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. Any questions, comments or
complaints regarding the Sweepstakes should be directed to the Sponsor, not Instagram
or Twitter, and you agree to release Instagram and Twitter from any liability
in connection with this Sweepstakes.
7. REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION: By
participating in the Sweepstakes, entrant warrants and represents that his/her
entry is original to the entrant, has not been previously published or won any award,
and does not contain any material that would violate or infringe upon the
rights of any third party, including copyrights (including, without limitation,
copyrighted images or footage), trademarks or rights of privacy or publicity.
Modification of an existing image does not count as original for purposes of
this Sweepstakes. The entrant further warrants and represents that entrant has
all appropriate clearances, permissions and releases for the entry, including
releases from all persons appearing in the photograph, location releases for
all recognizable locations, and releases from anyone who assisted in the
creation of the photograph. The entrant must be able to provide on request all
appropriate clearances, permissions and releases for the entry, including
releases from all persons appearing in the photograph, location releases for
all recognizable locations and releases from anyone who assisted in the
creation of the photograph. The image must not contain any personally
identifiable information of any person. Excepting those of Sponsor, the image
must not contain or reference any names, products or services of any company or
entity or any third party trademarks, logos, trade dress or promotion of any
brand, product or service. If any person
appearing in the image is under the age of majority in their state of
residence, the written consent and signature of a parent or legal guardian is
required. At Sponsor’s request, and in its sole discretion, Entrants may be
required to execute an assignment and release transferring all rights and
ownership of their image to Sponsor, the form of such assignment to be
determined by Sponsor. In the event an entrant cannot provide all required
releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify
the applicable entry or seek to secure the releases and clearances for
Sponsor’s benefit. The photograph may not feature nudity or obscene language or
material that is libelous or defamatory. Each entrant hereby agrees to
indemnify and hold the Sweepstakes entities harmless from and against any and
all third party claims, actions or proceedings of any kind and from any and all
damages, liabilities, costs and expenses relating to or arising out of any
breach or alleged breach of any of the warranties, representations or
agreements of entrant hereunder. Sponsor reserves the right in its sole and
unfettered discretion to disqualify any entry that it believes contains
obscene, offensive or inappropriate content, that does not comply with these
Official Rules or that is not consistent with the spirit or theme of the
Sweepstakes. Entries that do not comply with the above requirements may not be
eligible, and, if submitted, may be removed at any time in Sponsor’s sole
discretion. By participating in the Sweepstakes, each entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the
decisions of Sponsor, which shall be final and binding in all respects.
8.
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.
9.
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.
10.
SPONSOR: The Sponsor of this Sweepstakes is
Hearst Communications, Inc., 300 W. 57th Street, New York, NY 10019.