Where Is Your Favorite Place to Read? Sweepstakes: Official Rules
July 08, 2011
Where Is Your Favorite Place to Read? Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE 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 RELEASED PARTIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING MANDATORY ARBITRATION.
1. ELIGIBILITY: The “Where Is Your Favorite Place To Read?” Sweepstakes (the “Sweepstakes”) is only open to legal residents of the fifty (50) United States or the District of Columbia, who are at least twenty-one (21) years of age or older at the time of entry. Employees, officers and directors of OWN Digital LLC (the “Sponsor”) and its parents, subsidiaries, affiliates, advertising and promotion agencies, and affiliated entities, and each of their immediate family members (i.e., parents, legal guardians, in-laws, grandparents, children, grandchildren, spouses, siblings, and their respective spouses) and those living in the same household (whether legally related or not) are not eligible to enter or win. Void where prohibited by law. By entering the Sweepstakes, entrants agree to accept and be bound by all terms of these “Official Rules” and the decisions of Sponsor, which are final and binding.
2. HOW TO ENTER: Entries will be accepted beginning on or about 12:00 a.m. Eastern Time (“ET”) on Tuesday, July 12, 2011, through 11:59 pm ET on Friday, August 26, 2011 (the “Sweepstakes Period”). There are two (2) methods of entry for this Sweepstakes (each individually, an “Entry” and collectively, the “Entries”):
(i) Online Entry. Sponsor will conduct the Sweepstakes on the Oprah.com website, located at Oprah.com/summerreading (the “Website”). Participants may be required to first either sign in as a registered user on the Website or register as a member on the Website (which is free). To enter online, participants can upload a photograph of their favorite place to read or submit a typed entry in response to the prompt “What’s your favorite place to read?” in the user photo upload gallery and include their full name, complete address, daytime telephone number (including area code), e-mail address and date of birth.
(ii) Mail-In Entry. Alternatively, entrants may enter via mail by legibly hand printing on a 3’ x 5’ (three inch by five inch) card their full name, complete address, daytime telephone number (including area code), e-mail address and date of birth and mail it with proper postage to: “Where Is Your Favorite Place to Read” Sweepstakes Mail-in Entry, c/o Oprah.com, 300 West 57th St, 36th Floor, New York, NY 10019. TO PROTECT YOUR PRIVACY, WE RECOMMEND SENDING THE 3x5 CARD IN AN ENVELOPE. All mail-in entries must be postmarked by August 26, 2011 and received no later than August 29, 2011, to be eligible for the Sweepstakes.
Each Entry must be submitted in the name of an individual person and a prize will only be awarded to the person whose name is on the winning Entry, regardless of whether he/she is the authorized account holder of the e-mail address associated with the Entry. Limit one (1) Entry per e-mail address/per person during the Sweepstakes Period (regardless of method). Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. For purposes of this Sweepstakes, an online Entry is “received” when the 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 online Entry. The Website’s database clock will be the official timekeeper for each 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. ONCE TRANSMITTED ALL PHOTOGRAPHS BECOME PART OF THE SWEEPSTAKES AND MAY NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT WITHDRAWS FROM SWEEPSTAKES CONSIDERATION.
All Entries received from any e-mail address in excess of the stated limitation shall be deemed void. No mechanical reproductions, facsimiles, postage-due entries, mass Entries, Entries generated by a script or macro, or Entries that subvert the Entry process will not be accepted by Sponsor and all such entries will be deemed void. Released Parties are not responsible for misdirected, inaccurate, incomplete, lost, late, stolen, delayed, undelivered, damaged or garbled Entries, and all such Entries will be deemed void. Released Parties are also not responsible 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 technical, hardware, or software failures of any kind, including, without limitation, errors or problems which may occur in connection with or relating to the Sweepstakes, whether computer, network, technical, mechanical, electronic, printing, typographical, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes, or in any Sweepstakes-related materials. Sponsor reserves the right, in its sole discretion, to cancel this Sweepstakes should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause corrupt the administration, security or proper operation of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winner for the drawing at issue in a random drawing from among all eligible, non-suspect Entries received up to time of such cancellation. False or deceptive Entries or acts will render the participant ineligible and Sponsor reserves the right to disqualify any participant who attempts to undermine the legitimate operation of the Sweepstakes by tampering with any Website mechanism, acting in a disruptive manner or violating these Official Rules. CAUTION: Any attempt by an individual to damage any website or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such participant to the fullest extent of the law, including criminal prosecution.
3. SUBMISSION CONTENT GUIDELINES: Entries that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Website, at Sponsor’s sole and absolute discretion:
Only entrant and individuals who have specifically provided their written consent/approval may appear in the Entry photograph or names used in written description.
Entries must comply with these Official Rules and must meet all specifications or requirements called for on the Website and/or other advertising for the Sweepstakes.
Each Entry, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
Except for materials in the public domain, Entries 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 Sweepstakes. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor. Entries may not contain brand names, trademarks or company logos.
No background artwork should appear in the Entry unless it is an original work of the entrant. Any artwork, murals, etc., that can be seen in Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
Entries must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortious, 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 Website such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
Each Entry 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.
4. INTELLECTUAL PROPERTY: Entrants, upon submission of their Entry to the Sweepstakes, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entries submitted as part of the Sweepstakes, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prize(s) in this Sweepstakes. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works from the Entries, to assign or transfer any or all rights therein and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entries submitted as part of the Sweepstakes, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Entries submitted as part of the Sweepstakes. Notwithstanding that Sponsor is granted a non-exclusive license in entrant’s Entry, entrants acknowledge that as a condition to being selected as a Winner (defined below), Sponsor may request that the Winner’s Entry, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting any documents reasonably required by Sponsor or such entrant will otherwise be disqualified from receiving his or her prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Sponsor reserves the right to request entrants provide to Sponsor a written clearance document that provides written consent for an individual that appears in a Sweepstakes photograph submission. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted.
5. DRAWINGS, NOTIFICATION & ODDS: One (1) potential winner (and, if verified, the “Winner”) will be chosen in a random drawing by a representative of Sponsor on or around August 30, 2011, from all eligible Entries received throughout the Sweepstakes Period. The decisions of the Sponsor will be final and binding on all participants in all matters related to this Sweepstakes. The odds of winning will depend on the total number of eligible Entries received throughout the Sweepstakes Period. The potential winner will be notified by Sponsor within five (5) business days of the date of drawing via either the telephone number or e-mail address provided on his or her Entry. The potential winner must reply within five (5) business days of the date of notification either via fax, email or by calling the phone number provided upon prize notification, or an alternate winner will be selected. The potential winner will be required to fulfill all requirements outlined in Section 7 below. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
6. PRIZE (1): The Winner will receive a custom 8"x10" painting of 10 books on their bookshelf by artist Jane Mount with an approximate retail value (“ARV”) of Three Hundred U.S. Dollars ($300.00) (“Prize”). No substitutions, transfer of prize(s) or cash redemptions is permitted by Winner. Any difference between stated value and actual value will not be awarded. Sponsor reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value. Winner is solely responsible for all expenses associated with prize acceptance and use not expressly specified herein. Winner will be solely responsible for all federal, state and/or local taxes, regardless of whether Prize, in whole or in part, is used. The ARV of Prize is based on available information provided to Sponsor and the value of any prize awarded to Winner may be reported for tax purposes as required by law. Winner may be required to provide Sponsor with a valid social security number or tax identification number before Prize will be awarded for tax reporting and background check purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the prize received. 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 Winner with Prize, the Sponsor may elect, to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. 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). Unclaimed prize(s) will be forfeited.
7. GENERAL RULES AND REGULATIONS: By entering this Sweepstakes, entrants: (i) agree to abide and be bound by these Official Rules and the decisions of Sponsor which are final and binding in all matters, (ii) grant Sponsor and their designees permission, unless prohibited by law, to use their names, cities and states of residence, voices, pictures, biographical information and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all manner or media, now or hereafter known, throughout the world in perpetuity (except where prohibited by law), and (iii) represent and warrant that they are not participating in the Sweepstakes in the capacity of a reporter and further represent and warrant that they will not write, blog about, publish or cause to be published any article or book about their participation therein.
In 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 and/or any prize(s).
In order to claim any prize(s), Winner must meet all eligibility requirements. Winner may be required to produce proof of identity, address and birth date in a form acceptable by Sponsor. Such documents must be completed in full and returned within five (5) days of date of issuance either via email, facsimile or US registered mail. Failure to do so or if: (i) any prize or prize notification is returned as undeliverable or Sponsor is unable to contact a potential winner within a reasonable time period, (ii) a potential winner declines his or her prize, or (iii) a potential winner is determined to be ineligible or non-compliant with these Official Rules for any reason, will result in disqualification of such potential winner and an alternate winner may be selected by random drawing from among all remaining eligible Entries, 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.
The Sponsor and Sponsor’s parent, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize providers, affiliated entities and their designees, and each of their respective employees, officers, directors and agents (collectively, the “Released Parties”) expressly disclaim any responsibility and participants agree to indemnify, defend and hold the Released Parties harmless from liability for any injury, disability or loss to any person or property (including death) relating to or caused, in whole or in part, directly or indirectly by participation in this Sweepstakes, the 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 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. The Released Parties further assume no liability for the cancellation 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.
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.
8. 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 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 ALL ENTRANTS.
9. DISPUTE RESOLUTION: 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 Sweepstakes 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 no 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. Entrant 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.
10. OFFICIAL RULES AND/OR WINNER’S LIST REQUEST: For a copy of the Official Rules and/or the Winner’s list, log on to the Website (beginning September 10, 2011 (for Winner’s list) and during the Sweepstakes Period (for Official Rules)) or send a self-addressed, stamped envelope to the following address: (Please specify “Official Rules” and/or “Winner”) “Where Is Your Favorite Place to Read” Sweepstakes, c/o Oprah.com, 300 West 57th St, 36th floor, New York, NY 10019. Requests for Winner’s lists received after November 1, 2011, will not be honored. Vermont residents may omit return postage on Official Rules requests.