Win Oprah's Favorite Things: Official Rules
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Win Oprah's Favorite Things Promotion—Eastern
Official Rules
NO PURCHASE NECESSARY. 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 IN QUEBEC AND WHERE PROHIBITED BY LAW. DECLARATION OF COMPLIANCE / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED TO RECEIVE A PRIZE. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
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 SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility: Win Oprah's Favorite Things Promotion - Eastern (the "Sweepstakes") is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada (excluding residents of Quebec), who are OWN channel subscribers prior to November 10, 2012 and who are at least eighteen (18) years or the age of majority in the subscriber’s state, province or territory of residence at the time of entry. Employees of OWN LLC, d/b/a OWN: Oprah Winfrey Network or OWN, Inc. (individually and collectively, "OWN"), Discovery Communications, LLC, ePrize, Inc., and their parent and affiliate companies (collectively, the "Sweepstakes Entities") as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec and where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. 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 (as 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.
2. Sponsor: OWN LLC, d/b/a OWN: Oprah Winfrey Network, 5700 Wilshire Blvd., Ste. #120 Los Angeles, CA, 90036, U.S.A. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Timing: The Sweepstakes begins on November 18, 2012, at 9:00 p.m. Eastern Time ("ET"), ends on November 18, 2012 at 10:00 p.m. ET (the “Promotion Period”). The Sweepstakes consists of five (5) entry periods (each an “Entry Period”) and one (1) “Bonus Entry Period” that runs the entire length of the Promotion Period. Entry Periods 1 through 5 will run from 9:00 p.m. ET through 10:00 p.m. ET with each of the five (5) calls to action for entrants to participate announced within twenty (20) minutes or less of television programming. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, you may watch the OWN channel for a call to action inviting entrants to go online and visit the “Sweepstakes URL” that will be displayed on the screen at the beginning of that Entry Period. Once a Sweepstakes URL has been displayed, you will have ten (10) minutes following the initial time of display to visit the applicable Sweepstakes URL in order to enter that Entry Period’s drawing. If you have visited a Sweepstakes URL within the ten (10) minutes following the initial time of display, then you may proceed to follow the links and instructions to complete and submit the registration, including your first and last name, phone number, email address, and home address (including city and state/province). You automatically will receive one (1) Sweepstakes entry into the applicable Entry Period’s drawing and you will be given the opportunity to submit one (1) entry into the Bonus Entry Period’s drawing. Limit: Each entrant may enter a maximum of one (1) time per Entry Period and one (1) time for the Bonus Entry Period. Each entrant may receive a maximum of one (1) entry into the applicable Entry Period drawing and one (1) entry into the Bonus Entry Period’s drawing. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Drawings: Administrator is an independent judging organization, whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the six (6) potential winners, one (1) per applicable Entry Period’s drawing (as outlined in the chart in Section 6 below), from all eligible entries received during the applicable Entry Period, on or around November 18, 2012. The potential winners will be notified by email after the applicable drawing. Non-winning entries from each applicable Entry Period drawing will not carry over into the subsequent Entry Periods drawings. Except where prohibited, each potential winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”), which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize, except as otherwise agreed to by the Administrator, such decision to be made in its sole and absolute discretion. The winner(s), if a U.S. resident, will be required to provide Administrator with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes and an IRS Form 1099 will be issued in the name of such U.S. resident winner(s). If any potential winner is a Canadian resident he/she will be required to answer a time-limited skill-testing question without assistance, in order to be eligible to receive a prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential winner cannot be contacted, fails to sign and return the Declaration within the required time period, fails to answer the skill-testing question correctly (if applicable), or prize is returned as undeliverable, potential winner may be required to forfeit the applicable prize, such decision to be determined in Administrator’s sole and absolute discretion. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes, depending on the place of residence of a prize winner.
6. Prizes: SIX (6) PRIZES (one (1) per Entry Period), as detailed in the chart below:
For All Prizes: Neither the Sponsor nor the Administrator is responsible for any element of compliance with respect to the foregoing. All incidental costs and expenses not specifically referred to herein as part of any prize description (the “Expenses“) are the sole responsibility of the Prize winner. The Prize winner shall not seek reimbursement for the Expenses from the Sponsor. Sponsor will cover the cost of shipping and other similar charges (inclusive of customs if the winner is a Canadian resident). Terms and conditions of travel vouchers, product vouchers, gift cards and gift certificates apply. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or component thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the applicable Entry Period. Limit: of one (1) prize per person. Total ARV for all prizes: Up to $39,354.12 USD (depending on the number of winners that are U.S. or Canadian residents).
For Trip Prize: Sponsor will be awarding one (1) Trip Prize (as defined above) consisting of: (i) two (2) roundtrip economy/coach airline tickets for the winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor in its sole and absolute discretion; (ii) a five (5) night hotel stay (one (1) standard room based on double occupancy) for the winner and one (1) companion in Fiji; and (iii) the other elements of the Trip Prize as listed above. Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply. The winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen.
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(s) to provide proper documentation (including government issued picture identification). 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. Travel must be booked at least two (2) weeks prior to travel and all travel must be completed prior to November 19, 2014. 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(s) 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. Companion(s) of Trip Prize winner must be at least the age of majority in their state, province or territory of residence 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.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Discovery Communications, LLC, Administrator, Own, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Without limiting the generality of the foregoing, entrants agree that Sweepstakes 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 Sweepstakes 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 Sweepstakes; 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 Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree that the Sponsor 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 entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; 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 Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes 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 Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. 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 or Canada 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. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ and licensees’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state, province or territory of residence for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Each entrant hereby agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including but not limited to entrants’ attempts to circumvent the rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant’s Personal Information: By entering the Sweepstakes and voluntarily providing personal information including, but not limited to, name, address, city and email address (the “Registrant Information“), each entrant grants permission to the Administrator and Sponsor to collect and use of the Registrant Information for the exclusive purpose of administering the Sweepstakes and selecting the prize winners. Unless consent has been provided by the entrant, no correspondence will take place between the Administrator and/or Sponsor and the entrants except in connection with the Sweepstakes and, in the case of the Prize winner, as a result of entering the Sweepstakes and winning a prize. Information collected from entrants is subject to Sponsor’s Privacy Policy https://www.oprah.com/privacy_policy.html and Administrator’s Privacy Policy https://www.eprize.com/privacy-policy.
13. Winner List: For a winner list, visit https://bit.ly/SBVrq2. The winner list will be posted after winner confirmation is complete.
14. Miscellaneous: The invalidity or unenforceability of any provision of these rules will not affect the validity or enforceability of any other provision. In the event that any provision of these rules 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 and/or Administrator’s failure to enforce any term of these rules will not constitute a waiver of that provision. When terms such as “may” are used in these rules, Sponsor and/or Administrator has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website(s) and/or the terms and conditions of the rules, the rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's and/or Administrator’s sole and absolute discretion.
© 2012 ePrize, Inc. All rights reserved.
Official Rules
NO PURCHASE NECESSARY. 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 IN QUEBEC AND WHERE PROHIBITED BY LAW. DECLARATION OF COMPLIANCE / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED TO RECEIVE A PRIZE. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
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 SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility: Win Oprah's Favorite Things Promotion - Eastern (the "Sweepstakes") is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada (excluding residents of Quebec), who are OWN channel subscribers prior to November 10, 2012 and who are at least eighteen (18) years or the age of majority in the subscriber’s state, province or territory of residence at the time of entry. Employees of OWN LLC, d/b/a OWN: Oprah Winfrey Network or OWN, Inc. (individually and collectively, "OWN"), Discovery Communications, LLC, ePrize, Inc., and their parent and affiliate companies (collectively, the "Sweepstakes Entities") as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec and where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. 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 (as 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.
2. Sponsor: OWN LLC, d/b/a OWN: Oprah Winfrey Network, 5700 Wilshire Blvd., Ste. #120 Los Angeles, CA, 90036, U.S.A. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Timing: The Sweepstakes begins on November 18, 2012, at 9:00 p.m. Eastern Time ("ET"), ends on November 18, 2012 at 10:00 p.m. ET (the “Promotion Period”). The Sweepstakes consists of five (5) entry periods (each an “Entry Period”) and one (1) “Bonus Entry Period” that runs the entire length of the Promotion Period. Entry Periods 1 through 5 will run from 9:00 p.m. ET through 10:00 p.m. ET with each of the five (5) calls to action for entrants to participate announced within twenty (20) minutes or less of television programming. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, you may watch the OWN channel for a call to action inviting entrants to go online and visit the “Sweepstakes URL” that will be displayed on the screen at the beginning of that Entry Period. Once a Sweepstakes URL has been displayed, you will have ten (10) minutes following the initial time of display to visit the applicable Sweepstakes URL in order to enter that Entry Period’s drawing. If you have visited a Sweepstakes URL within the ten (10) minutes following the initial time of display, then you may proceed to follow the links and instructions to complete and submit the registration, including your first and last name, phone number, email address, and home address (including city and state/province). You automatically will receive one (1) Sweepstakes entry into the applicable Entry Period’s drawing and you will be given the opportunity to submit one (1) entry into the Bonus Entry Period’s drawing. Limit: Each entrant may enter a maximum of one (1) time per Entry Period and one (1) time for the Bonus Entry Period. Each entrant may receive a maximum of one (1) entry into the applicable Entry Period drawing and one (1) entry into the Bonus Entry Period’s drawing. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Drawings: Administrator is an independent judging organization, whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the six (6) potential winners, one (1) per applicable Entry Period’s drawing (as outlined in the chart in Section 6 below), from all eligible entries received during the applicable Entry Period, on or around November 18, 2012. The potential winners will be notified by email after the applicable drawing. Non-winning entries from each applicable Entry Period drawing will not carry over into the subsequent Entry Periods drawings. Except where prohibited, each potential winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”), which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize, except as otherwise agreed to by the Administrator, such decision to be made in its sole and absolute discretion. The winner(s), if a U.S. resident, will be required to provide Administrator with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes and an IRS Form 1099 will be issued in the name of such U.S. resident winner(s). If any potential winner is a Canadian resident he/she will be required to answer a time-limited skill-testing question without assistance, in order to be eligible to receive a prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential winner cannot be contacted, fails to sign and return the Declaration within the required time period, fails to answer the skill-testing question correctly (if applicable), or prize is returned as undeliverable, potential winner may be required to forfeit the applicable prize, such decision to be determined in Administrator’s sole and absolute discretion. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes, depending on the place of residence of a prize winner.
6. Prizes: SIX (6) PRIZES (one (1) per Entry Period), as detailed in the chart below:
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Entry Period
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Number of Prizes Awarded
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Prize Description
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Approximate Retail Value ("ARV"), if winner is U.S. resident
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ARV, if winner is Canadian resident
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1
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ONE (1)
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A prize package which includes: one (1) pair of Michael Kors sneakers (awarded as a voucher), a Tory Burch bag (awarded as a voucher), a Coach Puffer jacket (awarded as a voucher),
a Ralph Lauren sweater (awarded as a voucher), a Tusk wallet, a Giro helmet, a Jetson bike (awarded as a voucher), two additional items of Sponsor's choice, and, if the winner is a U.S. resident, $1,127.70 USD awarded as a check that can be used for taxes.
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$4,886.70
USD
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$3,759.00
USD
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2
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ONE (1)
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A prize package which includes: A Harry Barker dog set, a 50 card package of Wagging Tails pet portrait greeting cards (awarded as a voucher), a Bougainvillea Multi-Stone bracelet,
an India Hicks Sterling Silver and Diamond Love Letter Personalized Initial Necklace on Sterling Silver Chain a Rowallan jewelry trunk, a set of 7 R Nichols candles, one (1) P-Jamas (awarded as a voucher), a set of Macy's hotel collection sheets (awarded as
a gift card), a Tempur-Pedic mattress (awarded as a voucher), two additional items of Sponsor’s choice, and, if the winner is a U.S. resident, $2,059.50 USD awarded as a check that can be used for taxes.
|
$8,924.50
USD
|
$6,865.00
USD
|
|
3
|
ONE (1)
|
A prize package which includes: A Microsoft Surface tablet, one (1) pair of Beats by Dr. Dre Powerbeats earbuds, a set of 12 Julep nail polishes, a set of 4 Tom Ford lipsticks, an
H20 Plus Ultimate Marine Spa Favorites Gift Set, , one additional item of Sponsor’s choice,and, if the winner is a U.S. resident, $405.90 USD awarded as a check that can be used for taxes.
|
$1,758.90
USD
|
$1,353.00
USD
|
|
4
|
ONE (1)
|
A prize package which includes: An box of Cacao Cuvee chocolates, an assortment of 3 Lancer Skin Care products, a 46" Bose VideoWave II Television (awarded as a voucher), a Pipsnacks
Pipcorn crate gift pack (awarded as a voucher), an Earth Balance gift pack, an Bellocq Tea Atelier Chai Gift Set, an Octane Elliptical machine (awarded as a voucher), three additional items of Sponsor’s choice,
and, if the winner is a U.S. resident, $2,778.30 USD awarded as a check that can be used for taxes.
|
$12,039.30
USD
|
$9,261.00
USD
|
|
5
|
ONE (1)
|
A prize package which includes (the “Trip Prizeâ€): A trip for two (2) to a destination of Sponsor’s choice (awarded as travel vouchers) and,
if the winner is a U.S. resident, $2,000.70 USD awarded as a check that can be used for taxes.
Trip details: All-inclusive 5-night stay and round-trip air; travel – must be completed by 11/19/14.
|
$8,669.70
USD
|
$6,669.00
USD
|
|
Bonus
|
ONE (1)
|
A prize package which includes: A Josh Groban Noel CD (1), Lafco Soaps (14 soaps) (1 set), an Edward Bess Fragrance, a Yed set (4 porcelain bowls and 1 tray), a Curtis Stone Kitchen
Solutions: Kitchen Oilcan, a Corksicle wine chiller, a Schmidt
Brothers Cutlery Bonded Teak Series Knife set, a set of Swing Design Elle Lacquer Collection Tray & Boxes (1 tray, 2 boxes, 1 vanity box – awarded as a voucher), a Dyson Fan, a Carousel Cakes Blue Velvet Cake (awarded as a voucher),
a package of Wakaya Perfection Ginger Powder, a 56 count box plus dips of Brooklyn Piggies Holiday Platter (awarded as a voucher), a package of Sallie's Greatest Trio Jam Pack, a set of 4 Sabatino: truffle oil & truffle slicer (white truffle oil 3.2 oz, black
truffle oil 3.2 oz, fresh winter truffle, truffle slicer with wooden handle) (awarded as a voucher), a package of Cypress Grove Chevre: Truffle Tremor Goat Cheese (awarded as a voucher), a set of 8 Tartuflanghe items: Pasta, risotto, breadsticks (tagliolini
with wine and truffle, with eggs and truffle, with safron and truffle and with porcini mushrooms and truffle, truffle risotto, truffle and saffron risotto, truffle and porcini mushrooms risotto & truffle breadsticks) (awarded as a voucher), a set of 4 Urbani
Truffle Butters (black truffle butter, white truffle butter, white truffle salt & black truffle salt) (awarded as a voucher), a Charlito's Cocina Trufa Seca Gift Set and, if the winner is a U.S. resident, $709.62
USD awarded as a check that can be used for taxes.
|
$3,075.02
USD
|
$2,365.40
USD
|
For Trip Prize: Sponsor will be awarding one (1) Trip Prize (as defined above) consisting of: (i) two (2) roundtrip economy/coach airline tickets for the winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor in its sole and absolute discretion; (ii) a five (5) night hotel stay (one (1) standard room based on double occupancy) for the winner and one (1) companion in Fiji; and (iii) the other elements of the Trip Prize as listed above. Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply. The winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen.
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(s) to provide proper documentation (including government issued picture identification). 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. Travel must be booked at least two (2) weeks prior to travel and all travel must be completed prior to November 19, 2014. 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(s) 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. Companion(s) of Trip Prize winner must be at least the age of majority in their state, province or territory of residence 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.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Discovery Communications, LLC, Administrator, Own, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Without limiting the generality of the foregoing, entrants agree that Sweepstakes 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 Sweepstakes 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 Sweepstakes; 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 Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree that the Sponsor 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 entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; 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 Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes 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 Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. 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 or Canada 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. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ and licensees’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state, province or territory of residence for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Each entrant hereby agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including but not limited to entrants’ attempts to circumvent the rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant’s Personal Information: By entering the Sweepstakes and voluntarily providing personal information including, but not limited to, name, address, city and email address (the “Registrant Information“), each entrant grants permission to the Administrator and Sponsor to collect and use of the Registrant Information for the exclusive purpose of administering the Sweepstakes and selecting the prize winners. Unless consent has been provided by the entrant, no correspondence will take place between the Administrator and/or Sponsor and the entrants except in connection with the Sweepstakes and, in the case of the Prize winner, as a result of entering the Sweepstakes and winning a prize. Information collected from entrants is subject to Sponsor’s Privacy Policy https://www.oprah.com/privacy_policy.html and Administrator’s Privacy Policy https://www.eprize.com/privacy-policy.
13. Winner List: For a winner list, visit https://bit.ly/SBVrq2. The winner list will be posted after winner confirmation is complete.
14. Miscellaneous: The invalidity or unenforceability of any provision of these rules will not affect the validity or enforceability of any other provision. In the event that any provision of these rules 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 and/or Administrator’s failure to enforce any term of these rules will not constitute a waiver of that provision. When terms such as “may” are used in these rules, Sponsor and/or Administrator has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website(s) and/or the terms and conditions of the rules, the rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's and/or Administrator’s sole and absolute discretion.
© 2012 ePrize, Inc. All rights reserved.
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