OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
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 O, The Oprah Magazine, Queen Sugar
Sweepstakes Winners’ List, Hearst Communications, Inc. 300 W 57th
Street, FL 36, NY, NY 10019 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 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 have reached the
age of majority in his or her state or territory of residence at time of entry.
Legal residents of Canada (excluding Quebec) who have reached the
aforementioned age in their province of residence at time of entry are also
eligible to enter. 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. 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.
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 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.
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 Sweepstakes and all aspects related
thereto.
9.
SPONSOR: The Sponsor of this Sweepstakes is
Hearst Communications, Inc., 300 W. 57th Street, New York, NY 10019.