Official Rules: O Magazine's Live Your Best Life Weekend Instant Win Sweepstakes
January 08, 2010
NO PURCHASE OR GIVE-O-WAY TICKET NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND OR GIVE-O-WAY TICKET WILL NOT INCREASE YOUR CHANCES OF WINNING
1. THE O, THE OPRAH MAGAZINE LIVE YOUR BEST LIFE WEEKEND GIVE-O-WAY (the "Promotion"): How to Enter: There are two (2) ways to enter: 1) Look for an Official Give-O-Way Ticket in the February 2010 issue of The O, The Oprah Magazine, available via subscription as early as January 8, 2010 and at newsstands approximately January 19, 2010 to February 15, 2010, while supplies last. Exact dates may vary depending on newsstand. The Official Give-O-Way Ticket will contain a unique 10-digit alpha-numeric code ("Official Code"). Beginning January 8, 2010 at 12:01 AM Eastern Time ("ET") through February 23, 2010 at 11:59 PM ET, go to www.oprah.com ("Promotion Site"), complete and submit the entry form pursuant to the on-screen instructions and enter the Official Code, then press "submit" to see if you're a winner. If you submit your Official Code at a randomly pre-determined winning moment or, if no one submits an Official Code at a randomly predetermined winning moment and you are the first person to submit an Official Code immediately following such winning moment, you will be served a pop-up window which reveals a winning message, and you may have won the prize specified, subject to verification of eligibility, Official Code and the terms of these Official Rules. Winning dates and times are randomly predetermined by D. L. Blair, Inc., an independent judging organization whose decisions are final on all matters relating to this Promotion. If the pop-up window you are served contains any message other than a winning message, you are not a winner. There is no limit on the number of times you can enter; however, any Official Code may only be used once. Limit five (5) Official Code attempts per calendar day. If for any reason, you are unable to correctly enter your Official Code, you may enter via the mail. To enter the Promotion without an Official Give-O-Way Ticket, send your complete name, address, zip code, telephone number (including area code) and date of birth hand-printed on a 3 x 5 piece of paper in an envelope with proper postage affixed to: Live Your Best Life Weekend Give-O-Way Entry, Department B, P.O. Box 5701, Blair, NE 68009-5701. Mail-in entries must be received by February 23, 2010. Enter as often as you wish by mail; however, there is a limit of one (1) entry per stamped outer mailing envelope. Only mail-in entrants who are deemed to be winners will be contacted. The odds of winning are the same regardless of method of entry.
2. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who have reached the age of majority in their state of residence (and are at least 18) at time of entry. Void in Puerto Rico and where prohibited by law. Employees of Hearst Communications, Inc. ("Sponsor"), Harpo Productions, Inc., and their respective parents, affiliates and subsidiaries, participating advertising and promotion agencies, D. L. Blair, Inc., the independent judging organization, and prize suppliers (and members of their immediate family (spouse and parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same of household of each such employee, whether or not related) are not eligible.
3. PRIZES AND APPROXIMATE RETAIL VALUES: Ten (10) Grand Prizes: Each winner will have the opportunity to attend The O, The Oprah Magazine's Live Your Best Life weekend from Friday, May 7, 2010 to Sunday, May 9, 2010 in New York City. Exact dates are subject to change at Sponsor's discretion. Each Grand Prize includes (i) round-trip coach air transportation (via airline carrier(s) chosen by Sponsor) for each winner and one (1) guest from a major U.S. airport nearest to the winner's residence (as determined by Sponsor) (ii) hotel accommodations for two (2) people for two (2) nights (one (1) standard room, double-occupancy) at a hotel selected by the Sponsor, (iii) two (2) tickets to the Live Your Best Life weekend event, (iv) ground transportation to and from New York area airport, and (v) a check in the amount of $500 for winner only. The approximate retail value ("ARV") of the Grand Prize is $3,000 each. Total ARV of all prizes: $30,000. The actual value of the Grand Prize may vary depending on the residence location of a winner and fares and expenses at the time of travel booking. Therefore, the value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and ARV will not be awarded. NOTE: Any costs and expenses associated with prize receipt and/or use that are not expressly stated above as being provided are not included in the prize package and are the responsibility solely of each Grand Prize winner, including, but not limited to, additional ground transportation and meals, luggage fees, gratuities and souvenirs. Hotel accommodations consist of room and room tax charges only. Tickets are subject to terms and conditions specified thereon. Seat locations, if any, will be determined by Sponsor and/or Harpo Productions, Inc. Grand Prize winner and his or her travel companion must comply with all event and venue rules and regulations. Failure to do so may result in forfeiture of such prize element. If, for whatever reason, O Magazine's Live Your Best Life weekend event is cancelled, no compensation or substitution will be provided; however, remainder of prize package (i.e., trip to NYC) will be awarded and Sponsor will have no further obligation to Grand Prize winners. The Grand Prize winner and his or her travel companion must travel together on the identical itinerary on the dates specified above (or other dates to be determined by Sponsor). Travel must originate from and end at the same airport. If the Grand Prize winner lives within one hundred and fifty (150) miles of New York City (as determined by the Sponsor) the air transportation portion of the Grand Prize (as detailed above) will be forfeited and ground transportation will be substituted. All travel elements are subject to availability.
Other travel restrictions may apply. Grand Prize winner and his or her travel companion will be required to provide valid government issued photo ID at the time of travel as required by the airline(s). Travel will not be eligible for frequent flyer points or miles. Grand Prize winner and his or her travel companion are solely responsible for determining and obtaining all other necessary travel documents and other travel requirements. No changes will be made to travel details once any portion of travel arrangements has been made, except at Sponsor's (or designee's) sole discretion. Released Parties (as defined below) are not responsible for changes in schedule or cancellation of any element of the Grand Prize or any expenses incurred as a consequence of flight cancellation/delay. Released Parties will not replace lost or stolen tickets, travel vouchers, or other prize items once they are in the Grand Prize winner's possession. An unused Grand Prize travel package will remain the property of Sponsor. Grand Prize winner must be able to travel on dates specified by Sponsor as necessary to participate in The O, The Oprah Magazine's Live Your Best Life weekend or Grand Prize will be forfeited in its entirety and an alternate Grand Prize winner may (at Sponsor's sole discretion) be determined. Each Grand Prize winner is responsible for all applicable federal, state and local taxes. Each prize is awarded "as is" with no warranty or guarantee, either express or implied. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute a prize (or portion thereof) for a prize of comparable or greater value, in its sole discretion. All prize details are at Sponsor's sole discretion. Limit one (1) prize per household.
4. SECOND CHANCE DRAWING: Any unclaimed prizes will be awarded in a Second Chance drawing, assuming a sufficient number of entries. Each time you enter a valid Official Code, or enter via the mail, you will be automatically entered in the Second Chance Drawing. Winners will be determined from all eligible entries receive in a random drawing to be conducted by D. L. Blair, Inc. on or about March 15, 2010. Odds of winning depend upon the number of unclaimed prizes and the number of eligible entries received.
5. WINNER NOTIFICATION: Grand Prize winners (including those awarded via Second Chance) will be notified via email, mail, overnight delivery service and/or telephone and required to sign and return a notarized Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release, and a completed IRS W-9 form within seven (7) days following the date of first attempted notification. Potential Grand Prize winner's travel companion will be required to be of majority age or older in his or her legal jurisdiction of residency (and at least 18) and will also be required to execute and return a notarized Liability/Publicity Release within this same deadline. Failure to comply with this deadline, return of any prize/prize notification as undeliverable, Sponsor's inability to contact a potential Grand Prize winner within a reasonable time period or any potential Grand Prize winner's noncompliance with these Official Rules may result in disqualification and, at Sponsor's discretion, selection of an alternate winner from among all nonwinning entries received.
6. ENTRIES: Entries, Official Codes and/or winning messages generated using macro, robotic, script or other forms of automatic entry or any means which subvert the entry process will be void. All entries become the property of the Sponsor and will not be returned. No mechanically reproduced entries permitted. Proof of submission does not constitute proof of receipt. If due to a printing, production, typographical, human, seeding, computer, technical or other error, more prizes are claimed than the number set forth in these Official Rules, Sponsor reserves the right to award the stated number of prizes at random from among all verified and validated prize claims received. In no event will Sponsor be liable for awarding more than the advertised number of prizes.
7. CONDITIONS OF PARTICIPATION: Online entrants must have valid e-mail address and it is entrant's responsibility to update Sponsor of any change in e-mail address. All applicable federal, state, and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor and judges, which are final and binding on all matters pertaining to this Promotion. Acceptance of the prize constitutes permission for Sponsor and its designees to use winner's name and/or likeness, and biographical material for advertising and promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law. By entering, entrant agrees to release and hold Sponsor, Harpo Productions, Inc., and their respective parent companies, subsidiaries, affiliates, partners, and advertising and promotion agencies, and all of their respective agents, successors, assigns, officers, directors, and employees (collectively, "Released Parties") harmless for any injury or damage caused or claimed to be caused, in whole or in part, directly or indirectly, by participation in the Promotion or acceptance or use of any prize (including any travel or activity related thereto).
8. RELEASE OF LIABILITY: Released Parties are not liable for any entries, Official Codes, Official Give-O-Way Tickets or prize claims which are lost, late, garbled, illegible, misdirected, delayed, stolen, damaged, incomplete, inaccurate or postage-due or any combination thereof, or for any technical hardware or software failures of any kind, any errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, network or technical in nature, lost or unavailable network connections, or failed, incomplete, or delayed computer transmission which may limit a user's ability to participate in the Promotion in any way, including without limitation the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion. Released Parties are not responsible for any problems or the technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, software or hardware equipment, or any combination thereof, including any injury or damage to entrant's or any other person's computer or property related to or resulting from participation with this Promotion or for any other errors or problems of any kind, whether technical, computer, typographical, printing, human or otherwise, including but not limited to, errors or problems which may occur in connection with the administration of the Promotion, the processing of entries or prize claims, the announcement of the prizes or in any Promotion-related materials. If, for any reason, the Promotion is not capable of running as planned, or if the Promotion or the Promotion Site (or any portion thereof) becomes corrupted or does not allow the proper playing of the Promotion and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion or the granting of a prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action (and void all associated entries) and/or to cancel, terminate, modify, or suspend the Promotion or any portion thereof. In the event the Promotion is cancelled, and to the extent possible as determined by Sponsor, Sponsor will determine the winners for any unawarded prizes at random from among all eligible, non-suspect nonwinning entries received prior to the time of the action.
In the event that Sponsor determines that there are no eligible entrants, Sponsor reserves the right in its sole discretion to not award the prizes (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE PROMOTION SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. If a dispute arises about who submitted an entry on the Promotion Site, the entry will be deemed submitted by the authorized account holder of the e-mail account entered and he/she must be eligible according to these Official Rules. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry (if applicable) and that all eligibility requirements are met.
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 Promotion 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, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be entitled to receive attorneys' fees or other legal costs; 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 law, without reference to New York's choice of law rules, governs the Promotion and all aspects related thereto.
9. WINNER'S LIST: For the names of the winners (available after March 31, 2010), send a separate self-addressed, stamped envelope to: The O, The Oprah Magazine, Live Your Best Life Weekend Give-O-Way, 300 West 57th Street, 18th Floor, New York, New York 10019 for receipt no later than May 1, 2010.
10. SPONSOR: Hearst Communications, Inc., 300 West 57th Street, New York, New York 10019.