Oprah.com's Oprah's Lifeclass Promotion
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS
OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED
BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE
AGREEMENT AND BACKGROUND CHECK WILL BE REQUIRED TO RECEIVE ANY PRIZE IN THIS
PROMOTION.ALL
DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION. WINNER WILL BE REQUIRED TO
TRAVEL ON SPONSOR-SELECTED DATES, ON OR ABOUT OCTOBER 14-16, 2011.
BY ENTERING OR OTHERWISE
PARTICIPATING IN THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS
CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES FROM YOU AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Oprah.com's Oprah's Lifeclass Promotion (the "Promotion")
is open only to legal residents who are physically located in one (1) of the
fifty (50) United States or the District of Columbia, who are at least eighteen
(18) years of age or older at the time of entry. Employees, directors and
officers of OWN: OWN Digital LLC ("Sponsor"), Harpo
Productions, Inc., Hearst Communications, Inc. and each of their respective
parents, affiliates, subsidiaries, advertising and promotion agencies,
distributors, partners and other prize suppliers (collectively, the "Promotion
Entities"), and each of their immediate family members and/or those
living in the same household (whether legally related or not) are not eligible
to enter or win. For purposes of this Promotion, immediate family members are
defined as spouse, domestic partner, parents, legal guardians, in-laws,
grandparents, siblings, children and grandchildren. Void where prohibited by
law. Additionally, Sponsor reserves the right to conduct background
checks on the potential winner and the potential winner's companion, as a
condition to receipt of the Trip Prize (defined below). Winner and winner's
selected companion must first submit to such background check and cooperate
with Sponsor in any way that Sponsor requests in order to be eligible to
receive the Trip Prize. Sponsor reserves the right, in its sole discretion, to
disqualify any winner and/or winner's companion based on such background check
if Sponsor determines, in its sole discretion that awarding the Trip Prize to
such winner might reflect negatively on Sponsor.
. The Promotion begins on or about
5:00 p.m. Central Time ("CT") on Monday, August 15, 2011and
ends at 5:00 p.m. CT on Wednesday, September 28, 2011 (the "Entry
Period"). There are two (2) methods of entry for this Promotion; provided,
however there is a limit of one (1) entry per person (regardless of method),
as follows:
(i) Online
Entry. To enter,
during the Entry Period, participants must visit www.oprah.com/oprahslifeclass
(the "Website") and follow all on screen links and
instructions to enter the Promotion, which may include, among other things: (1)
registering for Oprah's Lifeclass ("Class"); (2) submitting
an official entry form that asks each entrant to provide certain information, including,
without limitation, his/her full name, address (no P.O. Boxes), e-mail address,
gender, date of birth and related registration information; and (3) opting-in
to receive a packet/book of third-party advertising materials and special
offers. Entrant must complete and submit the entry form with all required
information for the entry to be eligible. Those who enter online may also be
required to be registered users of Oprah.com or register for Oprah.com prior to
being permitted to enter. (ii) Mail-in
Entry: To enter
the Promotion without registering for a Class or receipt of marketing
materials, send a 3 x 5 card in a postage stamped envelope with your first and
last name, postal address (no P.O. Boxes), e-mail address, date of birth, and
phone number (including area code) (legibly hand printed or typed) to: Oprah's
Lifeclass Promotion Mail-in Entry: OWN Digital LLC,
5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036. Mail-in
submissions must be postmarked no later than Wednesday, September 28th
and received by Friday, September 30, 2011. Subsequent attempts made by the same individual to submit
multiple entries by using multiple or false contact information or otherwise
may be disqualified. Entries generated by a script, computer programs, macro,
programmed, robotic or other automated means are void and may be disqualified.
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 Promotion, at Sponsor's sole and absolute discretion. Entries originating at any other website are not permitted
and may be disqualified. All materials submitted become the property of
Sponsor and will not be returned. For purposes of this Promotion, an online
entry is "received" when the Website's servers record the entry
information and mail-in entries are "received" when Sponsor actually
receives the entry. Proof of sending (such as an automated computer receipt
confirming entry or "thanks for entering" message or delivery
confirmation) does not constitute proof of actual receipt of an entry for
purposes of this Promotion. The Website's database clock will be the official
timekeeper for the Promotion. 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. Sponsor may run multiple campaigns, contests, sweepstakes or
other promotions simultaneously. Entry into one (1) campaign, contest or
sweepstakes does not constitute entry into any other. By participating in the
Promotion, each entrant unconditionally accepts and agrees to comply with and
abide by these "Official Rules" and the decisions of Sponsor,
including the interpretation of these Official Rules and its exercise of
discretion, which will be final and binding in all respects. 3. Selection of Winner and Prize
Claiming. The potential winner will be selected at random on or
about Friday, September 30, 2011 from all eligible entries received in
accordance with these Official Rules. Sponsor will have complete discretion
over interpretation of the Official Rules, of administration of the Promotion,
and of selection of the winner. Decisions of the Sponsor as to the selection
of the winner will be final. The potential winner will be notified using the
information provided during entry by mail (in Sponsor's sole discretion) in a
commercially reasonable time after the drawing, as determined in Sponsor's sole
discretion. The Promotion Entities are not responsible for false, incorrect,
changed, incomplete or illegible contact information. Notification is deemed
to have occurred two (2) days after mailing. A potential prize 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. Sponsor reserves the right to modify the notification procedures
in connection with the selection of any alternate potential winner, if any. The potential winner and the potential winner's travel
companion will be required to submit an affidavit of eligibility / release of
liability / prize acceptance agreement (collectively, the "Affidavit")
and return the Affidavit within the time period specified at notification
before being eligible to receive his or her prize. If any potential prize
winner fails or refuses to sign and return such Affidavit within the time
period required by Sponsor or if the prize or prize notification is returned as
rejected, faulty, unclaimed or returned as undeliverable to such potential
prize winner, such potential prize winner may be disqualified and an alternate
may be selected. Additionally, the potential winner will be required to submit
to a background check before being deemed eligible to receive the prize.
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 (which may be determined by
Sponsor, at its sole and absolute discretion). Non-compliance
with the requirements set forth in this paragraph shall result in
disqualification and award of the prize to an alternate winner. Parents or
legal guardians of any winner under the age of majority in their state of
residence (which is eighteen (18) in most states but is nineteen (19) in
Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to
also sign the Affidavit in order for the winner to be qualified to receive
their Trip Prize. If a potential prize winner is found to be ineligible, or if
he or she has not complied with these Official Rules, or if a potential prize
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 at random. 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 Promotion Entities are not responsible for and shall not be liable for
late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify
the potential winner or if potential winner is a minor, for late, lost,
misdirected, or unsuccessful efforts of potential winner to provide signed
parental or guardian consent. 4. Odds.
Odds of winning depend upon the total number of eligible entries received. 5. Prizes and
Values. Sponsor will be awarding one (1) prize in this Promotion. The
winner will receive one (1) trip prize (each, a "Trip Prize").
The Trip Prize will occur on Sponsor-selected dates, currently scheduled to
take place between October 14, 2011 and October 16, 2011 and consist solely of:
(i) one (1) roundtrip economy/coach airline ticket for winner and one (1)
companion via a Sponsor-selected air carrier(s) from a major commercial airport
selected by Sponsor near winner's home, to Atlanta, Georgia; (ii) a two
(2)-night hotel stay for winner in Atlanta, Georgia; (iii) two (2) tickets to
the O You! Event on October, 15, 2011 sponsored by O Magazine for the winner
and the winner's guest; (iv) an in-person meet and greet with Oprah Winfrey for
the winner and the winner's guest; and (v) a per diem for the Trip Prize in an
amount selected by Sponsor for use by winner for meals and ground
transportation. The total approximate retail value ("ARV")
for each Trip Prize is: Four Thousand Dollars ($4,000.00). Actual retail value
of Trip Prize 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. The
winner of the Trip Prize (and their companion) must travel as and when
designated by Sponsor or the Trip Prize may be forfeited and an alternate
randomly selected winner chosen. Prizes are non-transferable, with no cash
redemptions, equivalents or substitutions except at Sponsor's sole and absolute
discretion. All Trip Prize details not specified in these Official Rules will
be determined in Sponsor'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 is unable to provide the winner
with their 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.In the event the prize winner (and/or
his or her companion) engages in behavior that (as determined by Sponsor or any
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). Trip Prize winner
will be solely responsible for all federal, state and/or local taxes, and for
any other fees or costs associated with the prize(s) they receive, regardless
of whether it, in whole or in part, are used. The ARV of the 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. The winner may
be required to provide Sponsor with a valid social security number or tax
identification number before the prize will be awarded for tax reporting and
background check 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(s)
received.Unclaimed prize(s) will
be forfeited. The Trip Prize winner and his or her
travel companion must travel together on the same itinerary and possess all
required travel documents, including visas and valid passports, if and as
applicable. It is the responsibility of the Trip Prize winner and their companion to provide
proper documentation (including government issued picture identification) and
any other information required by Sponsor. 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. The Trip Prize 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 winner's proximity to Trip Prize location, 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 the Trip Prize winner.
Sponsor shall not 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. Sponsor is not 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. Additional prize award
details and travel information to be provided to the Trip Prize winner at the
time of Trip Prize notification. Trip Prize winner and companion are also
responsible for obtaining travel insurance (and all other forms of insurance)
at their option and hereby acknowledge that Sponsor has not and will not obtain
or provide travel insurance or any other form of insurance. The Trip Prize
winner may be required to provide a credit card at the time of hotel check-in.
ompanion of Trip Prize winner at least the age of majority in their state
of residence (which is eighteen (18) in most states but is nineteen (19) in
Alabama and Nebraska and twenty-one (21) in Mississippi) as of the date of departure. 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 Sweepstakes, 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 the Trip Prize
winner's responsibility, including, but not limited to: hotel taxes, additional
ground transportation at the Trip Prize 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 Trip Prize
winner. If, for whatever reason, the event associated with the prize is
cancelled after the prize is awarded, Sponsor's liability for the prize is
limited only to the non-event portions of the prize. No compensation will be
paid in lieu of the cancelled event. The winner is strictly prohibited from
selling, auctioning, trading or otherwise transferring the tickets unless
Sponsor consents in writing. The appearance of Oprah Winfrey in connection with prize is
subject to her availability and is subject to cancellation. If Oprah
unable to attend the event associated with the Trip Prize, Sponsor will make
commercially reasonable efforts to replace such person with another celebrity
guest. No compensation will be paid in lieu of a cancelled appearance as this
portion of the prize has no cash value. 6. Publicity Release
Subject to applicable law, each winner irrevocably grants the Promotion
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 Promotion, 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 release concerning the Promotion Entities. 7. Tampering with Promotion
The Promotion Entities are not responsible for the actions of entrants in
connection with the Promotion, including entrants' attempts to circumvent the
Official Rules or otherwise interfere with the administration, security,
fairness, integrity or proper conduct of the Promotion. Persons found
tampering with or abusing any aspect of this Promotion, or whom Sponsor
believes to be causing malfunction, error, disruption or damage may be
disqualified. Additionally, any attempt to cheat the Promotion, as determined
at the sole and absolute discretion of Sponsor, may result in immediate
disqualification of the entrant, as well as other possible consequences,
including disqualification from any and all existing and future sweepstakes.
ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL
AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute
discretion, to disqualify (or terminate the prize of) any individual who is
found to be, or suspected of, acting in violation of these Official Rules, or
to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or
with the intent to annoy, abuse, threaten or harass any other person. 8. Suspension / Modification /
Termination. In the event Sponsor is prevented from continuing
with the Promotion 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 Promotion 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 Promotion or prize. Sponsor
additionally reserves the right, in its sole and absolute discretion: (1) to
modify, suspend or terminate the Promotion should causes beyond Sponsor's
control corrupt or interfere with the administration, integrity, operation,
security or proper play of the Promotion; or (2) to disqualify any entrant
found to be, or suspected of: (a) tampering with the entry process or the
operation of the Promotion; (b) acting in violation of these Official Rules; or
(c) acting in an un-sportsmanlike manner. 9. Waivers, Disclaimers and Releases.
By participating in the Promotion, entrants agree to release, discharge and
hold harmless the Promotion Entities 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 Promotion 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 Promotion; 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 Promotion activity and/or prize). Without limiting the
generality of the foregoing, entrants agree that Promotion Entities: (A) have
neither made nor will be in any manner responsible or liable for any warranty,
representation or guarantee, express or implied, in fact or in law, in
connection with the Promotion and/or with respect to prizes, including, without
limitation, to any prize's quality or fitness for a particular purpose; (B)
maintain no control over the personnel, equipment or operation of any air,
water or surface carrier, ship line, bus or limousine company, transportation
company, hotel, manufacturer or other person or entity furnishing services,
products or accommodations ("Suppliers") as a part of the
prizes provided in connection with the Promotion; and (C) will not be
responsible or liable for any injury, damage, loss, expense, accident, delay,
inconvenience or other irregularity that may be caused or contributed to: (1)
by the wrongful, negligent or unauthorized act or omission on the part of the
Suppliers or any of their agents, servants, employees or independent
contractors, (2) by any defect in or failure of any vehicle, equipment,
instrumentality, service or product that is owned, operated, furnished or
otherwise used by any of those Suppliers, (3) by the wrongful, negligent or
unauthorized act or omission on the part of any other person or entity not an
employee of the Promotion Entities, and (4) by any cause, condition or event
whatsoever beyond the control of the Promotion Entities. Entrants agree and
that the Promotion Entities shall have no responsibility or liability for
discontinued prizes; human error; incorrect or inaccurate transcription of
registration and/or account information; any technical malfunctions of the
telephone network, computer online system, computer dating mechanism, computer
equipment, software, or Internet service provider utilized by Sponsor;
interruption or inability to access the Website, or Sponsor or affiliated
entities' respective websites, or any online service via the Internet due to
hardware or software compatibility problems; any damage to participant's (or
any third person's) computer and/or its contents related to or resulting from
any part of the Promotion; any lost/delayed data transmissions, omissions,
interruptions, viruses, bugs, defects; and/or any other errors or malfunctions,
even if caused by the negligence of the Promotion Entities. Each entrant
further agrees to indemnify and hold harmless Promotion Entities from and
against any and all liability resulting or arising from the Promotion and to
release all rights to bring any claim, action or proceeding against Promotion
Entities and hereby acknowledge that Promotion Entities have neither made nor
are in any manner responsible or liable for any warranty, representation or
guarantee, express or implied, in fact or in law, relative to a prize,
including express warranties provided exclusively by a Supplier that may be sent
along with a prize. Sponsor is not responsible for the actions of entrants in
connection with the Promotion, including entrants' attempts to circumvent the
Official Rules or otherwise interfere with the administration, security,
fairness, integrity or proper conduct of the Promotion. 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. 10. Entry
Information and Promotion Communications. As a condition of
entering the Promotion, each entrant gives consent for Sponsor to obtain and
deliver his or her name, address and other information to third parties for the
purpose of administering this Promotion and comply with applicable laws,
regulations and rules. Any information entrants provide to Sponsor may be used
to communicate with entrant in relation to this Promotion or on a winner's
list. In the event of a dispute over the identity of an online entrant, entry
may 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. In the event a dispute regarding the identity of the individual who
actually submitted an entry cannot be resolved to Sponsor's satisfaction, the
affected entry may be deemed ineligible. The Promotion 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. 11. 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 Promotion Entities in
connection with the Promotion 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 PROMOTION, 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 PROMOTION, 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. 12. Dispute Resolution.
Except with respect to the protection and enforcement of the intellectual
property rights of the Promotion Entities 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 Promotion 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
13. List of Promotion
Winner(s)/Official Rules Requests. To receive a
list of winner(s), send a stamped self addressed envelope to: "Promotion
Winners List", OWN: OWN Digital LLC, 5700
Wilshire Blvd., Suite 120, Los Angeles, CA 90036 (Attn: Head of Business &
Legal Affairs). Please indicate which Promotion winners list you are
requesting. For a copy of these Official Rules, send a legal-size,
self-addressed, stamped envelope to: "Promotion 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 Promotion Period. Please
indicate which Promotion Official Rules you are requesting by indicating the
name of the Promotion in your request. Vermont residents may omit return
postage with Official Rules requests. 14. Miscellaneous.
The invalidity or unenforceability of any provision of these Official Rules or
the Affidavit will not affect the validity or enforceability of any other
provision. In the event that any provision of the Official Rules or the Affidavit
is determined to be invalid or otherwise unenforceable or illegal, the other
provisions will remain in effect and will be construed in accordance with their
terms as if the invalid or illegal provision were not contained herein.
Sponsor's failure to enforce any term of these Official Rules will not
constitute a waiver of that provision. When terms such as "may" are
used in these Official Rules, Sponsor has sole and absolute discretion.
Entrants agree to waive any rights to claim ambiguity of these Official Rules.
Headings are solely for convenience of reference and will not be deemed to
affect in any manner the meaning or intent of the documents or any provision
hereof. In the event there is a discrepancy or inconsistency between
disclosures or other statements contained in any Promotion-related materials,
privacy policy or terms of use on the Website and/or the terms and conditions
of the Official Rules, the Official Rules shall prevail, govern and control and
the discrepancy will be resolved in Sponsor's sole and absolute discretion. 15. Sponsor.
This Promotion is sponsored by OWN: OWN Digital LLC,
5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036. Reference to
third parties in connection with prizes and/or third party websites or services
are for reference and identification purposes only and not intended to suggest
endorsement, sponsorship or affiliation with Sponsor or the Promotion. //End of Official Rules//