Watch With La Toya Contest Official Contest Rules
#WatchWithLaToya Contest
Enter for your chance to win a trip to Los Angeles for a watch party of the season finale of Life with La Toya with La Toya Jackson. Upload a photo to instagram with the hashtag #WatchWithLaToya showing how YOU are watching the show, beginning at 1 PM ET on Saturday May 11th for your chance.
Full Rules and Details are below
OFFICIAL RULES
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
This Contest is not sponsored, endorsed or administrated by, or associated with Instagram. Any questions, comments or complaints regarding the Contest should be directed solely to the Sponsor.
1. ELIGIBILITY: The Watch With La Toya contest (the "Contest") is open only to individuals who at the time of entry: (i) are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, (ii) are eighteen (18) years of age or older, and (iii) who have a mobile phone or other wireless or electronic device that supports the Instagram application and has a digital camera feature. In order to participate, you must have an Instagram account. Visit https://instagram.com for a free account in accordance with Instagram's privacy policy and terms of use. Void where prohibited. All federal, state and local laws and regulations apply. Employees, officers and directors of OWN Digital LLC ("Sponsor"), Harpo Productions, Inc., Ja-Tail Enterprises, LLC, and each of their respective parents, affiliates, licensee, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the "Contest Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Additionally, subject to applicable law, Sponsor, in its sole discretion, may conduct and potential winner may be required to pass a background check, as a condition to receipt of a prize. The potential winner must first submit to such background check and cooperate with Sponsor in any reasonable way that Sponsor reasonably requests in order to be eligible to receive a prize. Sponsor reserves the right, in its sole discretion, to disqualify the potential winner based on such background check if Sponsor determines, in its sole discretion, that awarding the prize to such potential winner may reflect negatively on Sponsor.
2. ENTRY PERIOD: The Contest begins on or about 10:00 a.m Pacific Time on May 11, 2013, and all entries must be posted to Instagram on or before 10:00 a.m Pacific Time on June 3, 2013, subject to extension by the Sponsor in its sole and absolute discretion (the "Entry Period"). By entering or otherwise participating in the Contest, entrants agree to be bound by these "Official Rules" and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of these Official Rules.
3. HOW TO ENTER: To enter the Contest, during the Entry Period, you must take a picture of how you watch Life With La Toya on OWN, post it to Instagram (with the image settings set to "public") and include "#WatchWithLaToya" in the caption (a "Submission"). Submissions must meet the requirements outlined in these Official Rules, including, without limitation, the Content Guidelines (defined below). 17003913
All entries must be submitted to Instagram before the expiration of the Entry Period. Entries will not be acknowledged or returned. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor will be disqualified.
There is a limit of One (1) entry per person for the Contest. All entries (including Submissions) that are in excess of the stated limits, late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's sole and absolute discretion. Use of any automated system to submit entries is prohibited and will result in disqualification. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method. In the event of a dispute as to the identity of any entrant, entry will be deemed submitted by the registered account holder of the Instagram account associated with the entry provided that person is eligible. Winner(s) may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to the Instagram username from which the Submission was posted. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. The Contest 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 failure by Instagram to properly post your Submission. The Contest Entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant. All entries (including Submissions) become the physical property of Sponsor and will not be returned.
4. SUBMISSION CONTENT GUIDELINES: Each entrant that submits a Submission must comply with the Submission content guidelines (collectively, "Content Guidelines") below. Submissions that do not meet the following Content Guidelines are subject to disqualification (if applicable) at any time, at Sponsor's sole and absolute discretion:
Enter for your chance to win a trip to Los Angeles for a watch party of the season finale of Life with La Toya with La Toya Jackson. Upload a photo to instagram with the hashtag #WatchWithLaToya showing how YOU are watching the show, beginning at 1 PM ET on Saturday May 11th for your chance.
Full Rules and Details are below
- NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- THIS IS A SKILL-BASED CONTEST.
- VOID WHERE PROHIBITED BY LAW.
- PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED.
- SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ONLINE ENTRY ONLY, INTERNET ACCESS AND INSTAGRAM ACCOUNT IS REQUIRED.
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
This Contest is not sponsored, endorsed or administrated by, or associated with Instagram. Any questions, comments or complaints regarding the Contest should be directed solely to the Sponsor.
1. ELIGIBILITY: The Watch With La Toya contest (the "Contest") is open only to individuals who at the time of entry: (i) are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, (ii) are eighteen (18) years of age or older, and (iii) who have a mobile phone or other wireless or electronic device that supports the Instagram application and has a digital camera feature. In order to participate, you must have an Instagram account. Visit https://instagram.com for a free account in accordance with Instagram's privacy policy and terms of use. Void where prohibited. All federal, state and local laws and regulations apply. Employees, officers and directors of OWN Digital LLC ("Sponsor"), Harpo Productions, Inc., Ja-Tail Enterprises, LLC, and each of their respective parents, affiliates, licensee, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the "Contest Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Additionally, subject to applicable law, Sponsor, in its sole discretion, may conduct and potential winner may be required to pass a background check, as a condition to receipt of a prize. The potential winner must first submit to such background check and cooperate with Sponsor in any reasonable way that Sponsor reasonably requests in order to be eligible to receive a prize. Sponsor reserves the right, in its sole discretion, to disqualify the potential winner based on such background check if Sponsor determines, in its sole discretion, that awarding the prize to such potential winner may reflect negatively on Sponsor.
2. ENTRY PERIOD: The Contest begins on or about 10:00 a.m Pacific Time on May 11, 2013, and all entries must be posted to Instagram on or before 10:00 a.m Pacific Time on June 3, 2013, subject to extension by the Sponsor in its sole and absolute discretion (the "Entry Period"). By entering or otherwise participating in the Contest, entrants agree to be bound by these "Official Rules" and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of these Official Rules.
3. HOW TO ENTER: To enter the Contest, during the Entry Period, you must take a picture of how you watch Life With La Toya on OWN, post it to Instagram (with the image settings set to "public") and include "#WatchWithLaToya" in the caption (a "Submission"). Submissions must meet the requirements outlined in these Official Rules, including, without limitation, the Content Guidelines (defined below). 17003913
All entries must be submitted to Instagram before the expiration of the Entry Period. Entries will not be acknowledged or returned. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor will be disqualified.
There is a limit of One (1) entry per person for the Contest. All entries (including Submissions) that are in excess of the stated limits, late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's sole and absolute discretion. Use of any automated system to submit entries is prohibited and will result in disqualification. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method. In the event of a dispute as to the identity of any entrant, entry will be deemed submitted by the registered account holder of the Instagram account associated with the entry provided that person is eligible. Winner(s) may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to the Instagram username from which the Submission was posted. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. The Contest 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 failure by Instagram to properly post your Submission. The Contest Entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant. All entries (including Submissions) become the physical property of Sponsor and will not be returned.
4. SUBMISSION CONTENT GUIDELINES: Each entrant that submits a Submission must comply with the Submission content guidelines (collectively, "Content Guidelines") below. Submissions that do not meet the following Content Guidelines are subject to disqualification (if applicable) at any time, at Sponsor's sole and absolute discretion:
- Submissions must be in the English language.
- Submissions must comply with the Official Rules and must meet all specifications or requirements called for in these Content Guidelines and other advertising for the Contest.
- Except for materials in the public domain, each Submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, Submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others' rights and any use of materials not original to the entrant is grounds for disqualification from the Contest, such decision to be made by Sponsor in its sole discretion.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, and/or (e) is disparaging to the Contest Entities or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (all of the foregoing to be determined in Sponsor’s sole and absolute discretion).
- Each Submission must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
5. INTELLECTUAL PROPERTY: Entrants, upon submission of their Submission to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized in connection with Submissions. Notwithstanding that Sponsor is granted a non-exclusive license in entrant's Submission, entrants acknowledge that as a condition to being selected as a winner, Sponsor may request that a winner's Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Release (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submissions. Sponsor reserves the right to request entrants provide to Sponsor a written clearance document that provides written consent for an individual that is referenced in Submissions. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that none of Sponsor, its licensees or agents, shall be responsible for return or preservation of the entries, including the Submissions. Any Submissions that are posted on Instagam as public are available to be viewed by anyone with access to Instagram. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for Sponsor to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, in perpetuity, without notice or review or approval.
6. REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (1) are wholly original with such entrant and are not a copy, substantial taking or imitation of any other material or entrant has obtained all necessary rights; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Further, each entrant represents and warrants that Sponsor's use of entrant's Submission shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Contest Entities harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. DETERMINING THE WINNER(S): After the conclusion of the Entry Period, each Submission will be reviewed by a team of judges ("Judges") assembled by Sponsor, who will review and judge all eligible submissions based on the following judging criteria (collectively, the "Judging Criteria"):
20% for adherence to the theme;
40% for originality; and
40% for creativity.
Based on the total score the Judges assign to each Submission using the Judging Criteria, One (1) winning Submission will be ultimately selected by the Judges and the entrant(s) that submitted a winning Submission will be a potential winner, subject to confirmation that the potential winner meets the eligibility requirements and complied with these Official Rules. In the event of a tie during the winner selection process, the Sponsor will break any ties using the highest ranking Submission in the "Originality" category. If there still remains a tie, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to determine the winner(s).
8. WINNER NOTIFICATION AND PRIZE CLAIMING: The potential winner(s) will be selected on or about June 4, 2013, and Sponsor will notify potential winners by adding a comment from @OWNtv to the potential winner's photo submission on the potential winner's Instagram account. The comment will request that the potential winner email the Sponsor to an email address which will be specified in the comment to confirm your eligibility with specific personal information (ex: full name, address, phone number, email address, date of birth, Instagram username etc.). The potential winner, in Sponsor’s sole discretion, may be required to claim ownership of the Instagram account that submitted the winning photo, and may be asked to demonstrate control of the account. The potential winner must email Sponsor to the specified email address in the comment within twenty four (24) hours after Sponsor posts the comment notification on the potential winner’s photo submission. Failure to respond to a comment notification within twenty four (24) hours may result in the potential winner being disqualified and an alternate winner being selected. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate winner. In order to receive the comment notification, the potential winners' device and Instagram settings must be set to re to receive push notifications. Subject to applicable laws, each potential winner will be required to submit to a background check before being deemed eligible to receive their prize and 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 with the Contest (which may be determined by Sponsor, at its sole discretion).
The potential winner(s) of the Contest may (in Sponsor's sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Release") and return the Prize Acceptance Release before being eligible to receive his or her prize. The Prize Acceptance Release will include Sponsor's and Prize Provider's blogging agreement and guidelines that winner(s) will be required to agree to and comply with as part of the prizing for the Contest. If any potential winner fails or refuses to sign and return such Prize Acceptance Release within or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential winner, such potential winner (in Sponsor's sole discretion) may be disqualified, their potential prize forfeited, and an alternate may (in Sponsor's sole discretion) be selected (such alternate to be the individual with the next highest score as determined in accordance with Section 7 above). If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified, in Sponsor's sole discretion, and an alternate potential prize winner may then, in Sponsor's sole discretion, be selected by the Judges. The Prize Acceptance Release is subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify a potential winner. A potential winner’s ability to receive a prize notification will be made impossible if the potential winner changes, or deletes, his/her Instagram account after posting their Submission.
9. PRIZE(S): The prize(s) to be awarded in this Contest are:- One "Trip Prize" as defined below.
Sponsor will be awarding one (1) "Trip Prize" consisting of: (i) two (2) roundtrip economy/coach airline tickets to Los Angeles 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 (ARV $1,300); (ii) a two-night hotel stay (one (1) standard room based on double occupancy) for the winner and one (1) companion in the Los Angeles area on June 21 and June 22, 2013 (ARV $1,000); (iii) ground transportation to and from the airport and hotel in Los Angeles (ARV $400), (iv) ground transportation to and from the Viewing Party and hotel in Los Angeles (ARV $200), (v) a "Viewing Party" with La Toya Jackson at the Ja-Tail offices in Los Angeles beginning on or about 6:30pm PST on June 22, 2013, and (vi) eight hundred dollars ($800) to help cover incidental expenses (ARV $800). The total ARV for the Trip Prize is Three Thousand Seven Hundred Dollars ($3,700) (USD). 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 black out 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. All travel must be completed prior to June 24, 2013. 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 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 Contest, 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.
10. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Instagram users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest. Persons who tamper with or abuse any aspect of the Contest or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. RELEASE: By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties") 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 Contest 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 Contest; 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 Contest activity and/or prize). Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest 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 Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. 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 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.
12. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, preemption of television broadcasts, 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 Contest 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 Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
13. GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest 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 OR OTHERWISE PARTICIPATING IN THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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 USD), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) 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 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) 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.
14. DISPUTE RESOLUTION AND NO CLASS RELIEF: Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the these Official Rules or the Contest 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. Further, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
15. WINNER'S LIST/OFFICIAL RULES REQUESTS: To receive a copy of the winner's list, prior to July 15, 2012, send a stamped self-addressed envelope to: "Watch With La Toya Contest Winners List", OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036 (Attn: Head of Business & Legal Affairs). Please indicate which Contest winners list you are requesting (i.e., the name of the Contest). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: "Watch With La Toya Contest 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 Entry Period. Please indicate which Contest Official Rules you are requesting (i.e., the name of the Contest). Vermont residents may omit return postage with Official Rules requests.
16. SPONSOR: This Contest is sponsored by: OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036.
17. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release 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. 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. If you are selected as the winner of the Contest and complete the required affidavit of eligibility and back ground check, Sponsor will have access to your personal information. By entering the Contest, you accept Sponsor's privacy policy (https://www.oprah.com/privacy_policy.html) and terms of use (https://www.oprah.com/terms_and_conditions.html). In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
