NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET ACCESS IS REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
BY LEAVING A COMMENT ON THE BLOG IN RESPONSE TO THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The Perfect Pops Book Sweepstakes (the "Sweepstakes") is open only to legal residents of one (1) of the fifty (50) United States or the District of Columbia, who have reached the age of the majority in his or her state/jurisdiction of residence at the time of entry (the age of majority is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi). Void in Puerto Rico and where prohibited by law. Employees, officers and directors of Hearst Communications, Inc. ("Sponsor"), Harpo Productions, Inc. ("Harpo"), OWN Digital LLC, d/b/a Oprah Winfrey Network ("OWN"), Chronicle Books ("Chronicle"), and each of their respective parents, affiliates and/or subsidiaries, participating advertising and promotion agencies, and prize suppliers (collectively, the ???Sweepstakes Entities???), and members of the immediate family and/or those living in the same of household (whether legally related or note) of each such employee, officer or director are not eligible to enter or win. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren.
2. ENTRIES: To enter the Sweepstakes, beginning on or about 12:01 AM Eastern Time ("ET") on June 10, 2011 through 11:59 PM ET on June 17, 2011 (the "Promotional Period"), participants may enter by visiting www.oprah.com/lifelift (the "Website") and follow all on-screen instructions to post a comment on the ???The Ice Pop Cometh: The Right Way to Free a Homemade Popsicle??? blog post in direct response to the question: "What???s your favorite flavor combination from our homemade fruit ice pops slideshow?" To leave a comment on the blog post, you must first either sign in as a registered user on the Website or register as a member on the Website (which is free). Once you are registered as a user, log-in to the Website and leave your comment to receive an entry.
There is a limit one (1) entry, per valid email address, per eligible person, for the entire Promotional Period. All entries must be received by the end of the Promotion Period to be eligible for the drawing. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Participants are limited to winning one (1) sweepstakes from Sponsor within any twelve (12) month period. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries become the property of the Sponsor and will not be returned or acknowledged. Proof of submission does not constitute proof of receipt. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor???s sole and absolute discretion. In the event of a dispute as to the identity of the potential winner based on an e-mail address, the winning entry will be declared made by the registered account holder of the e-mail address submitted at time of entry provided that person is otherwise eligible. "Registered account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Such registered account holder will be required to comply with these Official Rules. If such a dispute cannot be resolved to Sponsor???s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is ???received??? when the Website???s servers record the entry information. The Website???s database clock will be the official time keeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. 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 may be disqualified.
3. Odds: Odds of winning will depend upon the total number of eligible entries received throughout the Promotional Period.
4. WINNER SELECTION: Five (5) grand prize winners ("Winners") will be chosen through a random drawing, which will take place on or about June 20, 2011 from among all eligible entries received throughout the Promotional Period by a representative of Sponsor. The decisions of the Sponsor will be final and binding on all participants in all matters related to the Sweepstakes. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the Winners. The potential Winners will be notified using the information provided during entry by any of e-mail and/or telephone and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged.
5. PRIZES: Five (5) grand prize winners will each receive one (1) copy of the book Perfect Pops. Approximate retail value ("ARV") of each prize: $17. Total ARV of all prizes awarded in this Sweepstakes is: $85. No substitutions, partial acceptance, transfer of prizes or cash redemptions permitted by a Winner. 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, 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. The prizes are awarded ???as is??? with no warranty or guarantee, either express or implied. Winners are solely responsible for all expenses not expressly provided for above. Winners are solely responsible for the reporting and payment of all federal, state and local taxes incurred by acceptance and use of the prize (or any portion thereof), if applicable. Unclaimed prize(s) will be forfeited.
6. CONDITIONS OF PARTICIPATION: Entrants must have valid e-mail address and it is entrant???s responsibility to update Sponsor of any change in e-mail address. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor. Subject to applicable law, each winner irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner.
Subject to applicable law, each winner irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
In order to claim the prize, each Winner: (i) must each meet all eligibility requirements, (ii) may be required to produce proof of identity, address and birth date, and (iii) must 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) 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. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential Winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. If, for any reason, more bona fide Winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining Winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each entrant???s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
By accepting prize, Winner agrees to hold the Sweepstakes Entities and their respective advertising and promotion agencies, parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees (collectively, the "Released Parties") harmless from liability for any injury, disability, loss or damage to any person or property (including allergic reactions and/or death) relating to, caused by or claimed to be caused by participation in the Sweepstakes (including the manner in which the Winner is selected and confirmed), the delivery and/or subsequent acceptance, use or misuse of any of the prizes or services awarded and claims based on copyright, trademark, publicity rights, defamation, or invasion of privacy. The Released Parties are also not 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 use or misuse of any prize items provided (including any travel or activity related thereto), or (ii) 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 Sponsor, Harpo, OWN, Chronicle or a third party, and regardless of whether the material is connected to the Website by a hypertext link. The Released Parties 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. 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 or territory 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.
7. INTERNET: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants??? attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Entities are 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 or at any website or any combination thereof. The Sweepstakes Entities are 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. If for any reason the Sweepstakes 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 or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select a Winner from among all 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 damage any website 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. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, 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 Sweepstakes 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 Sweepstakes or prize.
8. CHOICE OF 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 Sweepstakes Entities in connection with the Sweepstakes 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 THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) 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), BUT IN NO EVENT WILL ATTORNEYS??? FEES BE AWARDED OR RECOVERABLE; (3) 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) 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.
9. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator???s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
10. 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 June 21, 2011. (Please specify "Official Rules" and/or "Winner") "Oprah.com Perfect Pops Sweepstakes", c/o Hearst Communications, Inc., 300 W. 57th Street, 36th fl, New York, NY 10022. Requests received after August 31, 2011, will not be honored. Vermont residents may omit return postage on Official Rules requests.
11. SPONSOR: The sponsor of this Sweepstakes is Hearst Communications, Inc., 300 W. 57th Street, New York, NY 10019.