Oprah Radio: Official Sweepstakes Rules - Apple Vacations
March 23, 2010
1. NO PURCHASE NECESSARY TO ENTER OR WIN.Purchase will not improve your chances of winning. Sweepstakes ("Sweepstakes") is only open to legal residents of the continental United States (excluding residents of New York and Florida), age 21 years or older, except employees of Harpo Radio, Inc., (the "Sponsor") and Apple Vacations, Inc. (“Apple Vacations”) and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, affiliated entities, and their immediate families or household members. Void wherever prohibited or restricted by law. Sweepstakes is subject to all federal, state and local laws and regulations and shall be governed by Illinois law. By entering the Sweepstakes, entrants: (i) agree to accept and be bound by all terms of these Official Rules and Regulations, and (ii) agree that Illinois courts have jurisdiction over any dispute or litigation arising from or relating to the Sweepstakes and that venue shall only be Chicago, Illinois.
2. HOW TO ENTER: Sponsor will conduct a radio call-in contest from 12:01 a.m. CDT Friday, March 26, 2010 until 9:59 a.m. CDT Friday, April 16, 2010 (the "Promotional Period") during the live broadcast of the Gayle King show on Sirius channel 195/XM channel 156 (the "Program"). During the Promotional Period to enter the Sweepstakes participants must log onto the Sweepstakes page of the Apple Vacations' website, located at www.applevacations.com/oprahradio (the "Website"), to find out the "Word of the Day" which will be said between the hours of 8:00 a.m. and 10:00 a.m. CDT during the Program. To enter and be eligible, participants must call into the phone number given on-air by the Program host or another member of the Program team when the "Word of the Day" is said during the live broadcast of the Program. The Program host or another member of the Program team will specify that the seventh caller that day is eligible to win. Callers will be identified by their caller number (i.e., first, second, third caller) in accordance with customary Sponsor practices and procedures. On a daily basis after the live broadcast of the Program show a new "The Word of the Day" will be posted at the Website which will be incorporated into the Program on the following day. Limit one (1) Entry per person.
Sponsor is also not responsible for US mail, technical, hardware, telecommunications or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Sweepstakes, whether computer, technical, telephone, mechanical, typographical, human or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, in any Sweepstakes-related materials or that may limit prize fulfillment or a participant's ability to enter the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Sweepstakes should any malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Sweepstakes. 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 the Sweepstakes procedures, using automated calling systems, acting in a disruptive manner or violating these Official Rules. Any attempt by an individual to deliberately damage 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. HOW TO WIN: One (1) grand prize winner ("Winner") will be randomly selected from all eligible entries by Ms. Gayle King, her producer or a member of the Oprah Radio department during the second hour (between 9:00 a.m. and 10:00 a.m. CDT) of the Program on April 16, 2010 from all eligible Entries received throughout the Promotional Period. The decisions of the Sponsor will be final and binding on all participants in all matters related to the Sweepstakes. The odds of being the Winner will depend on the total number of eligible Entries received throughout the Promotional Period. Winner will be notified by Sponsor on-air and within five (5) days of the drawing via either the telephone number or e-mail address provided upon his or her entry. Winner must reply within five (5) days of notification either via fax, email or by calling the phone number provided upon prize notification, or else an alternate winner will be selected. In the event that the Sweepstakes is canceled or ended prematurely due to the reasons set forth in paragraph 2, above, the Winner shall be randomly chosen by a representative of Sponsor from all eligible Entries received as of the time of the impairment.
4. PRIZES: One (1) Winner will receive the following Apple Vacations giveaway: one (1) Apple Vacations three (3) night trip to Dreams Cancun Resort & Spa in Cancun, Mexico for two adults (age twenty-one (21) years and older) and two (2) children (ages twelve (12) years and younger) (collectively, the "Travel Companions") (the "Trip") at a total approximate market value ("AMV") of Three Thousand Eight Hundred Dollars ($3,800.00) for a Winner who lives less than one hundred fifty (150) miles from an Apple Vacations gateway city: Baltimore, MD; Buffalo, NY; Chicago, IL; Cincinnati, OH; Cleveland, OH; Columbus, OH; Dallas-Fort Worth, TX; Denver, Co; Detroit, MI; Hartford, CT; Los Angeles, CA; Milwaukee, WI; Minneapolis, MN; Newark, NJ; New York, NY; Philadelphia, PA; Pittsburgh, PA; and Rockford, IL and St. Louis, MO (the “Gateway City”). If the Winner lives more than more than one hundred fifty (150) miles from a Gateway City the AMV of the Trip will be approximately Five Thousand Five Hundred Dollars ($5,500.00). The Trip shall include the following, all selected and approved by Sponsor and Apple Vacations in its sole discretion: (i) round-trip, coach class air transportation for Winner and his/her Travel Companions from the destination airport nearest the Winner’s residence to a Gateway City, if the Winner and Travel Companions live more than one hundred fifty (150) miles from Gateway City, (ii) round-trip charter airfare from Gateway City to Cancun Mexico, (iii) transfers to/from resort; (iv) non-motorized water-sports, (v) all food and drinks while on the Dreams Cancun Resort & Spa resort property; (vi) and the assistance of an in-resort Apple Representative.
No substitutions, partial acceptance, transfer of prizes or cash redemptions permitted by Winner. AMV of prize may vary based upon Winner's city of residence and other factors. Sponsor reserves the right to substitute a prize of equal or comparable value in the event a described prize, or any portion thereof, is unavailable for any reason whatsoever. Winner is solely responsible for all expenses not expressly provided for above, including additional meals, incidentals, tips, telephone calls, souvenirs, dry cleaning, laundry, additional optional ground transportation, excess baggage charges, spa services, room service or other personal expenses incurred during the Trip. Winner and his/her Travel Companions must travel together on the same itinerary from the same airport(s) and are solely responsible for obtaining all necessary travel documents, including but not limited to a valid U.S. passport. All travel arrangements must be made through Apple Vacations. The Trip will be subject to the applicable travel procedures, terms and conditions of Apple Vacations. Trip may not be combined with any other offer and travel may not qualify for frequent flier miles. Certain restrictions may apply and no refunds or credit for changes are allowed. Travel arrangements (including seat selection) and dates are subject to availability and confirmation of reservations. Trip must be completed by December 10, 2010 (void during holiday periods, including five (5) days prior and after) or else it shall be forfeited in its entirety and Sponsor and Apple Vacations shall have no further obligation to Winner. Winner is solely responsible for the payment of all departure/immigration taxes and required fees to Apple Vacations prior to taking the Trip. In addition, Winner is 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.All prize details are at Sponsor's discretion.
5. GENERAL RULES AND REGULATIONS: By entering this Sweepstakes, entrants and their guests: (i) agree to be bound by the decisions of Sponsor which are final and binding in all matters, (ii) grant Sponsor, Apple Vacations and their designees the right, 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, 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 order to claim the prize, the Winner: (i) must meet all eligibility requirements, (ii) be required to produce proof of identity, address and birth date, and (iii) must each execute and return (as applicable) certain winner documents, including but not limited to 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 seven (7) days of issuance either via facsimile, via .pdf/scanned e-mail or via US registered mail. Failure to do so or if: (i) any prize or prize notification is returned as undeliverable, (ii) a 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 such is the case, such Winner's prize may not be awarded.
Sponsor, Apple Vacations and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities expressly disclaim any responsibility and participants agree to hold Sponsor, Apple Vacations and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies and affiliated entities harmless from liability for any injury, disability or loss to any person or property (including allergic reactions and/or death) relating to participation in this 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 publicity rights, defamation or invasion of privacy. Neither Sponsor, Apple Vacations nor their officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities are 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, 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 or a third party, and regardless of whether the material is connected to the Website by a hypertext link. Sponsor, Apple Vacations and their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities 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.
6. OFFICIAL RULES AND/OR WINNER'S LIST REQUESTS: For a copy of the Official Rules, log on to Oprah.com by March 26, 2010. For a list of Winners' names, please write to "Oprah Radio The Gayle King Radio Show Giveaway", ATTN: Harpo Radio, 110 N. Carpenter St., Chicago, IL 60607 between April 19, 2010 and October 18, 2010.
7. SPONSOR: This Sweepstakes is managed by Sponsor, with offices at 110 N. Carpenter St., Chicago, IL 60607. Apple Vacations, Inc. is a prize sponsor only.