OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS IN NO WAY SPONSORED,
ENDORSED OR ADMINISTERED BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM OR
FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND
NOT TO INSTAGRAM OR FACEBOOK.
1.
HOW TO ENTER: NO PURCHASE
NECESSARY TO ENTER OR WIN. I Am Ready to … Contest (the “Contest”). Sponsored
by Hearst Communications, Inc. There are two (2) ways to enter beginning
March 15th, 2016 at 12:01 AM (ET) through April 11th,
2016 at 11:59 PM (ET) (the “Entry Period”): (i) Instagram: Follow
Sponsor’s Instagram feed at @OprahMagazine (the “Instagram Feed”), follow the
online instructions to upload and submit one (1) photograph reflecting What you are ready to take charge of in your
life?, and include the hashtag #omagimreadycontest in your post; or (ii) Twitter: Sign in at Twitter.com on a computer or wireless device
using your Twitter account, follow @O_Magazine, and tweet a photo reflecting What
you are ready to take charge of in your life? along with the hashtag
#omagimreadycontest; Entrants must own the rights to their photographs. If you are not an existing member of Twitter and/or
Instagram, you will be required to follow the directions to join either social
media platform (there is no cost to join either). To enter via wireless
device, you may download the Twitter or
Instagram apps by visiting your mobile phone app store (or
www.instagram.com) and following the
directions to join either platform. 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. Entries must be received before the end of the
Entry Period. Entries become the exclusive property of Sponsor and will not be
returned or acknowledged. When
you join Instagram, you are indicating that you have read and agree to accept
the Instagram Terms of Service and Privacy Policy. Winner Selection:
At the end of the Entry Period, Sponsor will review all of the initial entries
for eligibility. All entries will be judged by O, The Oprah Magazine Editors, whose decisions are final based on the
following criteria: Creativity (50%); Originality (25%); and Expression (25%). In the event of a tie, the person among the
tied entrants with the highest score in Creativity will be the winner
(the “Winner”). In the event the
Sponsor does not receive a sufficient number of eligible entries or there are
not a sufficient number of acceptable entries in Sponsor’s sole discretion, the
Sponsor has the right to cancel the Contest, or alternatively, if the Contest
provides for more than one prize winner, the Sponsor may, in its sole
discretion, reduce the number of prize winners. 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 contest. The
decision of the Sponsor and judges is final and binding on all matters relating
to the Contest. In the event the Sponsor does not receive
any eligible entries, the Sponsor has the right to cancel the Contest. Prizes
& Approximate Retail Value: Seven (7) Winner(s) will receive a
prize package consisting of the following: a JCPenney Giftcard (ARV: $250) and
one (1) consultation session with a professional in a field in which the Winner
wants to take charge of their life (including but not limited to a
Nutritionist, financial planner, or relationship coach; ARV: $250). Total ARV of each Prize Package: $500.
The Winners agree to share the details of their makeover (steps on how
they are taking charge of their life as well as their new purchased from
JCPenney) on their personal Instagram or Twitter account(s) (along with the
hashtag that will be given to them at a later date).; Winner(s) may be
profiled on @OprahMagazine Instagram and @O_Magazine Twitter accounts.
ARV: $500. Total
ARV of All Prizes Awarded: $3,500. Any difference between the stated
ARV and the actual value of the prize will not be awarded in any form.
2.
WINNER NOTIFICATION: Winner(s) will
be notified by Sponsor within one (1) month of the last day of the Contest via
social media, phone, email or postal mail (as applicable). The potential Winner(s) must respond via
email within five (5) business days of notification, and provide the requested
contact information. In the event a Winner does not 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 Contest. List
of Winner(s): The name(s) of the
winner(s) of the Contest will be posted on the Instagram 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 I’m Ready to Contest
Winners’ List, Hearst Communications, Inc.,
300 West 57th Street NY, NY 10019 within two (2) months from the Winner
notification date as specified above.
3.
ENTRIES: Limit one (1) entry
per person for Contest. 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. 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 or Instagram account. 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 or
Instagram account.
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. Entrants via Instagram must have their Instagram profile
set to “public.” 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 Contest. 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 the entry 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, the independent judging organization and
prize suppliers to use the entrant’s submission (including an altered form of
the entry) 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,
the independent judging organization 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
to announce the Winner, unless prohibited by law. By accepting prize, Winner
agrees to hold Sponsor and JCPenney, their 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 Contest 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 Contest or in the announcement of the prize. Any questions, comments or complaints
regarding the Contest should be directed to the Sponsor, not Instagram or JCPenny,
and you agree to release Instagram, Twitter, and JCPenney from any
liability in connection with this Contest.
6.
REPRESENTATIONS AND WARRANTIES /
INDEMNIFICATION: By participating in the Contest, 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 Contest. 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 Contest entities (defined as
the Sponsor and JC Penny) 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 Contest. 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 Contest, 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.
7. 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 Contest, Sponsor
reserves the right at its sole discretion to cancel, terminate, modify or
suspend the Contest. 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 Contest if it determines that
said entrant is attempting to undermine the legitimate operation of the Contest
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 Contest 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.
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 Contest and all aspects related
thereto.
9.
SPONSOR: The Sponsor of this Contest is Hearst
Communications, Inc., 300 W. 57th Street, New York, NY 10019.