- No Purchase Necessary TO ENTER OR WIN a PRIZE IN THIS CONTEST. A Purchase OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
- THIS IS A SKILL-BASED CONTEST.
- VOID WHERE PROHIBITED BY LAW.
- PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED.
- SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ONLINE ENTRY ONLY AND INTERNET ACCESS IS REQUIRED.
- WINNERS WILL BE REQUIRED TO MAKE AN ONGOING COMMITMENT TO PARTICIPATE AS AN OFFICIAL BLOGGER OF THE EVENTS THEY ATTEND ASSOCIATED WITH THE PRIZE AND MAY BE REQUIRED TO AGREE TO SPONSOR’S BLOGGING AGREEMENT & GUIDELINES, IN SPONSOR’S SOLE DISCRETION, AS MORE FULLY DESCRIBED BELOW, OR PRIZE MAY BE FORFEITED.
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: Blueprint For A Better You Contest (the “Contest”) is open only to individuals who as of June 4, 2012: (i) are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, (ii) are eighteen (18) years of age or older; and (iii) have a Slate®, Freedom® or Sapphire® Chase credit card and are a Chase customer in good standing. Employees, officers and directors of OWN: OWN Digital LLC (“Sponsor”), Chase Bank USA, N.A. (“Prize Provider”), Hearst Communications, Inc. and each of their respective parents, affiliates, licensee, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Additionally, subject to applicable law, Sponsor, in its sole discretion, may conduct and potential winner may be required to pass a background check, as a condition to receipt of a prize. The potential winner must first submit to such background check and cooperate with Sponsor in any reasonable way that Sponsor reasonably requests in order to be eligible to receive a prize. Sponsor reserves the right, in its sole discretion, to disqualify the potential winner based on such background check if Sponsor determines, in its sole discretion, that awarding the prize to such potential winner may reflect negatively on Sponsor.
2. ENTRY PERIOD: The Contest begins on or about 5:00 p.m. Central Standard Tim ("CST") on Monday, June 4, 2012 and ends at 5:00 p.m. CST on Monday, July 2, 2012 (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 http://www.oprah.com/chaseblueprint (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 type and submit on the entry form an essay (an "Essay Submission") that is responsive to the following call-to-action: "Tell us what life event/change you are experiencing and how you could benefit from a Chase Blueprint plan." Essay Submissions may be no more than one thousand (1,000) characters in length. Essay Submissions must meet the requirements outlined in these Official Rules, including, without limitation, the Content Guidelines (defined below).
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 Essay 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. Winners 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 Essay Submissions) become the physical property of Sponsor and will not be returned.
4. ESSAY SUBMISSION CONTENT GUIDELINES: Each entrant that submits an Essay Submission must comply with the Essay Submission content guidelines (collectively, "Content Guidelines") below. Essay 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:
- Essay Submissions must be in the English language.
- Essay Submissions must comply with the Official Rules and any Terms and Conditions posted on the Contest Website and must meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
- Except for materials in the public domain, each Essay Submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
- Essay Submissions must not exceed one thousand (1,000) characters in length.
- Essay Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, Essay Submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest, such decision to be made by Sponsor in its sole discretion.
- Essay Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to the Contest Entities or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (all of the foregoing to be determined in Sponsor’s sole and absolute discretion).
- Each Essay Submission must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
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 Essay 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 Essay 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 WINNER: After the conclusion of the Entry Period, each eligible entrant that has submitted an Essay Submission and complete entry form through the Contest Website, will have their Essay Submission reviewed by a team of judges ("Judges"), assembled by Sponsor, based on the following judging criteria (collectively, the "Judging Criteria"):
25% expressiveness/writing skills (proper grammar, etc.); and
25% adherence to topic/responsiveness to the question.
Based on the total score the Judges assign to each Essay Submission using the Judging Criteria, two (2) "Grand Prize" winning Essay Submissions will be ultimately selected by the Judges and the entrants that submitted those Essay Submissions will be potential winners, subject to confirmation that the potential winners meet 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 Essay Submission in the "adherence to topic/responsiveness to the question" category. If there still remains a tie, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to determine the Grand Prize winners.
8. WINNER NOTIFICATION AND PRIZE CLAIMING: The potential Grand Prize winners will be selected on or about July 13, 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 Grand Prize winners 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 Grand Prize winners 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 the 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: Sponsor/Prize Provider will be awarding two (2) Grand Prizes. Each Grand Prize winner will receive a "Trip Prize" package consisting of: (i) two (2) roundtrip economy/coach airline tickets for the Grand Prize winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor near Grand Prize winner’s home, to New York, New York; (ii) a one (1)-night hotel stay (one (1) standard room based on double occupancy) for the Grand Prize winner and one (1) companion in New York, New York (hotel to be selected by Sponsor in its sole and absolute discretion); (iii) two (2) roundtrip economy/coach airline tickets for the Grand Prize winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor near Grand Prize winner’s home, to Los Angeles, California to attend O’s annual event, O You!; (iv) a ticket for Grand Prize winner and one (1) companion to attend O You! (v) a two (2)-night hotel stay (one (1) standard room based on double occupancy) for the Grand Prize winner and one (1) companion in Los Angeles, California (hotel to be selected by Sponsor in its sole and absolute discretion); (vi) two (2) $500 Chase Visa Gift Cards for use by the Grand Prize winner for costs and expenses during each the trips; and (vii) an opportunity to consult with a financial expert from Chase Blueprint; and (viii) an opportunity to appear in the pages of O and on Oprah.com. The total ARV for each prize package is: Four Thousand Four Hundred Dollars (U.S. $4,400.00). The total ARV of all prizes being awarded in the Contest is: Eight Thousand Eight Hundred Dollars (U.S. $8,800.00). Actual retail value of Trip Prizes may vary depending on point of departure, travel dates and fare/rate fluctuations. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and black out dates may apply. Each winner may be required to travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate winner chosen.
As a condition of receipt of the prize package, each Grand Prize winner will be responsible for providing blogging services to Sponsor and Prize Provider. The period of time in which a Grand Prize winner will be a blogger will be determined by Sponsor in its sole and absolute discretion. Sponsor may terminate a Grand Prize winner’s role as blogger at any time and for any reason in its sole and absolute discretion. There is no ARV of this aspect of the prize. The Grand Prize winners will not be paid anything to perform their duties as bloggers. Grand Prize winners will not be considered employees or independent contractors of Sponsor, will not receive any benefits, and Grand Prize winners may in no way claim to be associated with Sponsor at any time or for any purpose (including on a resume or elsewhere) (e.g., a personal social networking page) unless specifically approved in writing by Sponsor. Each Grand Prize winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove a Grand Prize winner as a blogger at any time and for any reason, including if the Grand Prize winner is uncooperative, disruptive, or causes damage to person, property, or the reputation of Sponsor or otherwise violates the Prize Acceptance Release or other policies of the Sponsor.
Each winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents. It is the responsibility of the winners and their companions to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor, in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. Each winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to a winner’s proximity to New York, NY or Los Angeles, California, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to a winner. Any gift cards or prepaid cards awarded as a prize in connection with this Contest will be subject to issuer’s terms and condition relating thereto and any terms and conditions set forth on the card itself.
Neither Sponsor nor Prize Provider shall be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations. Neither Sponsor nor Prize Provider is liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor and Prize Provider. Additional prize award details and travel information to be provided to a winner at the time of Trip Prize notification. Winners and companions are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that neither Sponsor nor Prize Provider has or will obtain or provide travel insurance or any other form of insurance. Each winner may be required to provide a credit card at the time of hotel check-in. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely a winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at a winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the winners. If, for whatever reason, any event associated with the Trip Prize is cancelled after the Trip Prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the Trip Prize. No compensation will be paid in lieu of the cancelled event. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing.
Trip Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s and Prize Provider’s sole and absolute discretion. All Trip Prize details not specified in these Official Rules will be determined in Sponsor’s and Prize Provider’s sole and absolute discretion. Trip Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor and Prize Provider are unable to provide a winner with their prize, the Sponsor and Prize Provider 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 winner (and/or his or her companion) engage in behavior that (as determined by Sponsor or 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 prizes 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). Each winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Trip Prize they receive, regardless of whether it, in whole or in part, is used. ARV of the Trip Prize 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. Each winner may be required to provide Sponsor and Prize Provider with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner, 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 received. Unclaimed prizes will be forfeited.
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 Sponsor, Prize Provider, Hearst Communications, Inc. 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.