Start the New Year Right Sweepstakes
Official Rules
Oprah.com |
December 14, 2008
NO PURCHASE NECESSARY TO ENTER OR WIN. Purchase will not improve your chances of winning. Sweepstakes ("Sweepstakes") is only open to legal residents of the United States and the District of Columbia, age 21 years or older, except employees of Harpo Productions, Inc. (the "Sponsor"), Ocean Spray Cranberries, Inc. ("Ocean Spray") and/or The Hershey Company ("Hershey") and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, affiliated entities, immediate families or household members. Void wherever prohibited or restricted by law. Sweepstakes is subject to all federal, state and local laws and regulations and shall be governed by Illinois law. By entering the Sweepstakes, entrants (i) agree to accept and be bound by all terms of these Official Rules and Regulations, and (ii) agree that Illinois courts have jurisdiction over any dispute or litigation arising from or relating to the Sweepstakes and that venue shall only be Chicago, Illinois.
HOW TO ENTER: Sponsor will conduct a national Sweepstakes from 4:00 a.m. (CT) on Thursday, January 1, 2009 until 3:59 a.m. (CT) on Thursday, February 12, 2009 (the "Promotional Period"). To enter, participants must log on to the Sweepstakes page of the Oprah.com website, located at www.oprah.com/editorialsweeps/health/ wellnessandprevention/pkgnewyear/20090101_orig_newyear_sweeps (the "Website"), and complete and submit online the entry form during the Promotional Period according to the onscreen instructions, including their name, address, daytime telephone number, email address and date of birth (individually, an "Entry" and collectively, the "Entries"). To be eligible, all Entries must be received by 3:59 a.m. (CT) on Thursday, February 12, 2009. All Entries must be submitted in the name of an individual person and prizes will only be awarded to the person whose name is on the winning Entry, regardless of e-mail account ownership or other circumstances. Limit one (1) Entry per person or e-mail address.
All duplicate Entries shall be deemed void. All Entries will become the property of Sponsor and will not be acknowledged or returned. No mechanical reproductions, mailed Entries, facsimiles, mass submissions, or submissions generated by a script or macro will be accepted by Sponsorand all such Entries will be deemed void. Sponsor is not responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, damaged or illegible Entries, and all such Entries will be deemed void. Sponsor is also not responsible for technical, hardware, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Sweepstakes, whether computer, network, technical, mechanical, typographical, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes, in any Sweepstakes-related materials or that may limit prize fulfillment or a participant's ability to enter the Sweepstakes.Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Sweepstakes should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Sweepstakes. False or deceptive Entries or acts will render the participant ineligible and Sponsor reserves the right to disqualify any participant who attempts to undermine the legitimate operation of the Sweepstakes by tampering with any Website mechanism, acting in a disruptive manner or violating these Official Rules. Any attempt by an individual to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such participant to the fullest extent of the law, including criminal prosecution.
HOW TO WIN: One (1) grand prize winner (the "Winner"), will be randomly chosen by a representative of Sponsor on or around February 13, 2009 from all eligible Entries received throughout the Promotional Period. The decisions of the Sponsor will be final and binding on all participants in all matters related to the Sweepstakes. The odds of winning will depend on the total number of eligible Entries received throughout the Promotional Period. Winner will be notified by Sponsor within five (5) business days of the drawing via either the telephone number or e-mail address provided on his or her Official Entry. Winner must reply within five (5) days of notification either via email or by calling the phone number provided upon prize notification, or else an alternate winner will be selected. In the event that the Sweepstakes is canceled or ended prematurely due to the reasons set forth in paragraph 2, above, the Winner shall be randomly chosen by a representative of Sponsor from all eligible Entries received as of the time of the impairment.
PRIZE: The Winner will receive the following prize package with an approximate market value ("AMV") of Four Thousand Six Hundred Forty Dollars ($4,640.00), with all items selected by Sponsor in its sole discretion: (i) a one (1) year gym membership at a gym in or near the city of Winner's residence (the "Gym Membership"), (ii) six (6) sessions with a personal trainer (the "Training Sessions"), (iii) one (1) Oprah gym bag, (iv) one (1) yoga mat, (v) a variety of home gifts from Oprahstore.com and/or the O List, (vi) one (1) Macy's gift card in the amount of five hundred dollars ($500) (the "Gift Card"), (vii) a spa day (the "Spa Day") for Winner at a local spa in the Winner's city of residence (the "Spa"), which includes one (1) fifty (50) minute massage, one (1) facial and one (1) manicure/pedicure, (viii) one Pioneer Inno2 portable XM radio system (or similar product) including one (1) year free service subscription to XM radio, (ix) one (1) outfit of O Boutique loungewear, (x) a selection of Hershey chocolate gifts, and (xi) a donation in the Winner's name (the "Donation") made to a charity of Winner's choice (the "Charity") (provided that such Charity is not obscene, pornographic, offensive or will cast Sponsor in a negative or disparaging light). TOTAL AMV OF PRIZE (ONE PRIZE): Four Thousand Six Hundred Forty Dollars ($4,640.00). No substitution, partial acceptance, transfer of prizes or cash redemptions permitted by Winner. AMV may vary based upon Winner's city of residence. Charity selected by Winner must be a United States 501(c)(3) public charity and neither Winner nor any member of Winner's immediate family is permitted to have an ownership interest in or compensation arrangement with the Charity selected. Winner may only select one (1) Charity to which the Donation will be made and the Donation may not be split among multiple charities. The Gift Card is subject to any restrictions and/or guidelines provided by Macy's or printed upon the Gift Card. The Gym Membership must be activated and the Training Sessions and Spa Day must be taken within one (1) year of being awarded or else Winner shall forfeit them in their entirety. Additional Training Sessions and/or renewal of the Gym Membership are at Winner's sole expense. Winner is solely responsible for all expenses at the Spa not expressly provided for above, including transportation, incidentals, tips, meals, beverages, additional spa services, guests or other personal expenses incurred during the Spa Day. In the event that Winner elects not to participate in any of the Spa services awarded, such services shall be deemed forfeited and no alternative services shall be offered. Sponsor reserves the right to substitute a prize of equal or comparable value in the event a described prize, or any portion thereof, is unavailable for any reason whatsoever. Winner is solely responsible for all expenses not expressly provided for above. Winner is solely responsible for the reporting and payment of allfederal, state and local taxes incurred by acceptance and use of the prize (or any portion thereof), if applicable.All prize details are at Sponsor's discretion.
GENERAL RULES AND REGULATIONS: By entering this Sweepstakes, entrants:(i) agree to be bound by the decisions of Sponsor which are final and binding in all matters, (ii) grant Sponsor, Ocean Spray, Hershey and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures, biographical information and likenesses, without compensation, notification or permission,for the purpose of advertising and publicity in any and all manner or media, now or hereafter known, throughout the world in perpetuity, and (iii) represent and warrant that they are not participating in the Sweepstakes in the capacity of a reporter and further represent and warrant that they will not write, blog about, publish or cause to be published any article or book about their participation therein. In order to claim the prize, Winner: (i) must meet all eligibility requirements, (ii) may be required to produce proof of identity, address and birth date, and (iii) must each execute and return certain winner documents (as applicable), including an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, use of name and likeness releases. Such documents must be completed in full and returned within five (5) days of issuance either via facsimile or US registered mail. Failure to do so or if: (i) any prize or prize notification is returned as undeliverable, (ii) a Winner declines his or her prize, or (iii) a potential Winner is determined to be ineligible for any reason, will result in disqualification of such Winner and an alternate winner may be selected by random drawing at the Sponsor's sole discretion. Sponsor will use reasonable efforts to pick an alternate winner but in the event an alternate winner cannot be determined, the prize will not be awarded.
Sponsor, Ocean Spray, Hershey and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities expressly disclaim any responsibility and participants agree to hold Sponsor, Ocean Spray, Hershey and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies and affiliated entities harmless from liability for any injury, disability or loss to any person or property (including allergic reactions and/or death) relating to participation in this Sweepstakes (including the manner in which the Winner is selected), the delivery and/or subsequent acceptance, use or misuse of any of the prizes or services awarded (including, but not limited to, injuries resulting from the Training Sessions, Gym Membership, Spa Day, etc) and claims based on publicity rights, defamation or invasion of privacy. Neither Sponsor, Ocean Spray, Hershey nor their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities are responsible for: (i) any loss (financial or otherwise), liability, injury (including death) or damage to persons or property which may be caused directly or indirectly, in whole or in part, by the Training Sessions, Gym Membership, Spa Day or other prizes awarded, (ii) any actions by the Winner which place any person(s) at risk either during or in connection with the Spa Day, Training Sessions or Gym Membership, including, but not limited to, consumption of alcohol, use of any drugs (illegal or otherwise) and/or any reckless behavior by the Winner, or (iii) any loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from the Website, regardless of whether the material was prepared by Sponsors or a third party, and regardless of whether the material is connected to the Website by a hypertext link. Sponsor, Ocean Spray, Hershey and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities further assume no liability either for the cancellation, modification or premature conclusion of the Sweepstakes for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants and/or Winner.
OFFICIAL RULES AND/OR WINNER'S LIST REQUESTS: For a copy of the Official Rules and/or the Winner's name, either log on to the Website or send a self-addressed, stamped envelope to the following address beginning January 1, 2009: (Please specify "Official Rules" and/or "Winner's List") "Start The New Year Right" Sweepstakes, c/o Oprah.com 110 N. Carpenter St., Chicago, IL 60607.
SPONSOR: This Sweepstakes is managed by Sponsor, with offices at 110 N. Carpenter St., Chicago, IL 60607. Ocean Spray and Hershey are prize sponsors only.
