2. ENTRY PERIOD:The Contest begins on or about 5:00p.m. Central Time on October 16, 2012 and all entries must be received by the Sponsor on or before 5:00p.m. Central Time on November 2, 2012, subject to extension by the Sponsor in its sole and absolute discretion (the "Entry Period"). By entering or otherwise participating in the Contest, entrants agree to be bound by these "Official Rules" and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of these Official Rules.
3. HOW TO ENTER: To enter the Contest, during the Entry Period, you must go to Oprah.com/Ikeaoyoucontest (the "Contest Website") or otherwise follow the call-to-action provided in any advertising for the Contest. Next, you must first either sign-in as a registered user on the Contest Website or register as a member on the Contest Website (which is free). Once you are registered as a user, log-in to the Contest Website. The Contest Website will contain a description of the Contest and the official entry form. The entry form may request entrant’s information such as entrant’s first and last name, e-mail address, telephone number, city and state of residence and zip or postal code. Entrant must complete the entry form with all required information for the entry to be eligible. Additionally, entrants, during the Entry Period, must submit an essay describing your "Life Improvement Plan" in 750 characters or less (a "Submission"). Submissions must meet the requirements outlined in these Official Rules, including, without limitation, the Content Guidelines (defined below). Along with your Submission you will be given the opportunity to upload a photo to accompany your Submission. The Contest will be judged only on your Submission; any accompanying photos will not be considered for judging purposes and are optional. Photos must be in .jpg or .gif file format and must not exceed four hundred (400) megabytes in file size.
All entries must be received before the expiration of the Entry Period. For purposes of this Contest, an entry is "received" when the Contest Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of the Contest Website will be the official time keeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.
There is a limit of one (1) entry per person for the Contest. All entries (including Submissions) that are in excess of the stated limits, late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Use of any automated system to submit entries is prohibited and will result in disqualification. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method. In the event of a dispute as to the identity of any entrant, entry will be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winner(s) may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. The Contest Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. The Contest Entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant. All entries (including Submissions) become the physical property of Sponsor and will not be returned.
4. SUBMISSION CONTENT GUIDELINES: Each entrant that submits a Submission must comply with the Submission content guidelines (collectively, “Content Guidelines”) below. Submissions that do not meet the following Content Guidelines are subject to disqualification and/or removal from the Contest Website (if applicable) at any time, at Sponsor’s sole and absolute discretion:
6. REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (1) are wholly original with such entrant and are not a copy, substantial taking or imitation of any other material or entrant has obtained all necessary rights; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Further, each entrant represents and warrants that Sponsor’s use of entrant’s Submission shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Contest Entities harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. DETERMINING THE WINNERS: After the conclusion of the Entry Period, each Submission will be reviewed by a team of judges ("Judges") assembled by Sponsor, who will review and judge all eligible submissions based on the following judging criteria (collectively, the "Judging Criteria"):
33% adherence to the subject,
and 34% quality of writing.
Based on the total score the Judges assign to each Submission using the Judging Criteria, ten (10) winning Submissions will be ultimately selected by the Judges and the entrant(s) that submitted a winning Submission will be a potential winner, subject to confirmation that the potential winner meets the eligibility requirements and complied with these Official Rules. In the event of a tie during the winner selection process, the Sponsor will break any ties using the highest ranking Submission in the "Adherence to the subject" category. If there still remains a tie, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to determine the winner(s).
8. WINNER NOTIFICATION AND PRIZE CLAIMING:: The potential winner(s) will be selected on or about November 6, 2012 and will be notified by e-mail and/or telephone within a commercially reasonable time (up to three (3) weeks) after such date. Subject to applicable laws, each potential winner will be required to submit to a background check before being deemed eligible to receive their prize and Sponsor reserves the right to disqualify any individual whose background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate with the Contest (which may be determined by Sponsor, at its sole discretion).
The potential winner(s) of the Contest may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Release") and return the Prize Acceptance Release before being eligible to receive his or her prize. The Prize Acceptance Release will include Sponsor’s and Prize Provider’s blogging agreement and guidelines that winner(s) will be required to agree to and comply with as part of the prizing for the Contest. If any potential winner fails or refuses to sign and return such Prize Acceptance Release within or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential winner, such potential winner (in Sponsor’s sole discretion) may be disqualified, their potential prize forfeited, and an alternate may (in Sponsor’s sole discretion) be selected (such alternate to be the individual with the next highest score as determined in accordance with Section 7 above). If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified, in Sponsor’s sole discretion, and an alternate potential prize winner may then, in Sponsor’s sole discretion, be selected by the Judges. The Prize Acceptance Release is subject to verification by Sponsor.
Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify a potential winner. When a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information notifying the Sponsor. Failure to update such registration information may affect the potential winner’s ability to receive a prize.
9. PRIZES: The prize(s) to be awarded in this Contest are: 10 (ten) five hundred dollar ($500.00)(USD) Ikea gift cards with an approximate retail value ("ARV") of five hundred dollars ($500.00)(US)/each. Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize(s), the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. All prize(s) are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The approximate retail value ("ARV") of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) may be required to provide Sponsor with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s). If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. The total ARV of all of the prize(s) awarded in this Contest is five thousand dollars ($5,000.00) (USD).
10. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. RELEASE: By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties") from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
12. SUSPENSION/MODIFICATION/TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, preemption of television broadcasts, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
13. GOVERNING LAW/LIMITATION OF LIABILITY:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00 USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION AND NO CLASS RELIEF: Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the these Official Rules or the Contest shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
15. WINNER'S LIST/OFFICIAL RULES REQUESTS: To receive a copy of the winner’s list, prior to July 15, 2012, send a stamped self-addressed envelope to: "Contest Winners List", OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036 (Attn: Head of Business & Legal Affairs). Please indicate which Contest winners list you are requesting (i.e., the name of the Contest). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: "Contest Official Rules", OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036 (Attn: Head of Business & Legal Affairs) prior to the end of the Entry Period. Please indicate which Contest Official Rules you are requesting (i.e., the name of the Contest). Vermont residents may omit return postage with Official Rules requests.
16. SPONSOR:This Contest is sponsored by: OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036.
//End of Official Rules//
Published on October 12, 2012