GIRLFRIENDS CHECK IN SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN 7 DAYS FROM THE DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
OVERVIEW: The Girlfriends Check In Sweepstakes ("Sweepstakes"), sponsored by OWN: Oprah Winfrey Network ("Sponsor"), begins at 10:00 p.m. Eastern Time ("ET") on Saturday nights from July 18, 2020, and ends at 11:59 p.m. ET on August 29, 2020 ("Sweepstakes Period"). There are seven (7) segments during the Sweepstakes Period. In each segment, the @OWNKeepItReal Twitter account will send out a tweet sometime during the eligibility window, and say "GIVEAWAY TWEET: The 25th person to retweet this will win a special prize featuring the gift items seen in this episode." The one (1) winner will be the person who is has the 25th retweet on that piece of content.
ELIGIBILITY: This Sweepstakes is open only to individuals who are legal residents of any one (1) of the fifty (50) United States, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands ("Territory") as of the start of the Sweepstakes Period and who are eighteen (18) years of age or older as of the date of entry. This Sweepstakes is void where prohibited by law. Employees, officers, directors, members, managers, representatives and agents of Sponsor, as well as each of their respective parent corporations, subsidiaries, and affiliated companies (collectively, the "Released Parties").and the immediate families of such persons (defined as any spouse, domestic partner, parent, sibling, child, grandparent, grandchild, or in-law, regardless of where they live) and members of their household (whether or not related), are ineligible to participate in this Sweepstakes. As a condition of participating, each entrant agrees to provide Sponsor required documentation upon its request and within the timeframe requested to verify his or her eligibility.
HOW TO ENTER:
Eligible individuals may enter this Sweepstakes as follows:
- To enter online via Twitter: Eligible individuals may participate in this Sweepstakes during each one of the segments during the Sweepstakes Period, by following the live tweet discussion from the @OWNKeepItReal twitter account. During the eligibility window, the @OWNKeepItReal account will send a tweet out with the instructions, "GIVEAWAY TWEET: The 25th person to retweet this will win a special prize featuring the gift items seen in this episode." The one (1) winner will be the person who has the 25th retweet on that piece of content. Sponsor reserves the right to restrict or void the 25th retweet, if said person does not meet the eligibility requirements. In that instance, Sponsor will disregard that entry, and go to the next person in line (the 26th retweeter), etc. until an eligible winner is chosen.
DRAWINGS, ODDS OF WINNING, AND NOTIFICATION: One (1) potential winner each week during the Sweepstakes Period will be determined by whoever is the 25th retweeter of said tweet from @OWNKeepItReal during one segment of the Sweepstakes Period. Decisions of the Sponsor are final on all matters relating to this Sweepstakes, including interpretation of these Official Rules, determining the winner, and awarding of the prize. Odds of winning the prize depend on if you are the 25th retweeter in one segment during the Sweepstakes Period. Prior prize winners are disqualified as potential winners in any segment during the Sweepstakes Period.
Administrator will attempt to notify the potential winner by direct message (in Administrator's sole discretion) within approximately two (2) days after the date of the drawing. Each potential winner may be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law), within seven (7) days of Administrator sending the to the potential winner, and in the form provided by Administrator without revision, or prize may be forfeited and an alternate winner may be selected. If any prize, prize notification, or other Sweepstakes-related communication is rejected or returned as undeliverable or if the selected winner cannot be reached or does not respond as instructed after Administrator has attempted to notify such potential winner, the selected winner may be disqualified and an alternate winner may be selected (in Sponsor's sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for the prize for any reason.
PRIZE AND APPROXIMATE RETAIL VALUE ("ARV"):
ARV of each prize: $200.00.
ONLY SEVEN (7) PRIZES IN THIS SWEEPSTAKES. ONE (1) PRIZE DISTRIBUTED PER WEEKLY SEGMENT DURING THE SWEEPSTAKES PERIOD. PRIOR PRIZE WINNERS ARE DISQUALIFIED AS POTENTIAL WINNERS IN ANY SEGMENT DURING THE SWEEPSTAKES PERIOD.
All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local), government or bank fees, and other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of a prize will be the sole responsibility of the winner. The winner may be issued an IRS 1099 tax form for the actual value of his/her prize. No more than the stated prize will be awarded. Sponsor will not replace a lost, mutilated or stolen prize or a prize that are undeliverable or does not reach the winner because of an incorrect or changed address.
If Sponsor determines at any time and in its sole discretion, that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right to disqualify that person and select an alternate winner, even if the disqualified winner or potential winner's name may have been shown or announced. If the winner does not accept or use the entire prize (as applicable), the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or any portion of the prize. Any failure to use a prize after acceptance does not relieve that winner of his or her tax obligations associated with winning the prize. No transfers or prize substitutions will be made, except at Sponsor's sole discretion. Prize will only be mailed or otherwise provided to the verified winner's address in the Territory, in Sponsor's sole discretion. Entrants waive the right to assert as a cost of winning the prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW) WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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."ADDITIONAL DISCLAIMERS: Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties' operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or pandemic, actual terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), civil disturbance, insurrection, riot, fire, flood, epidemic, explosion, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: entries that are submitted by illegitimate means or entries in excess of the stated limit; lost, late, incomplete, misdirected, stolen, garbled, unintelligible, or illegible entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; viruses or other malicious code; interrupted or unavailable cable or satellite systems; technical, mechanical, hardware, or software malfunctions of any kind; unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules or in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in this Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or this Sweepstakes; technical or human error which may occur in the administration of this Sweepstakes or the processing of entries; or 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 this Sweepstakes or receipt or use of the prize. 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 this Sweepstakes. Released Parties are not responsible for any unavailability of the Website that may interfere with this Sweepstakes or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify this Sweepstakes. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's email or voicemail inbox to receive messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of this Sweepstakes if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, and award the prize from all eligible, non-suspect entries received prior to cancellation, modification, or suspension (if any) or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Entrants agree to not damage or cause interruption of this Sweepstakes and/or prevent others from using this Sweepstakes. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW/NO CLASS RELIEF/GENERAL:
Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Entities and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and 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 Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
. By entering, and as a condition of entry, each entrant agrees, to the extent permitted by applicable law: (1) TO ACCEPT AND SUBMIT TO ARBITRATION OR THE PERSONAL JURISDICTION OF THE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, BOTH FEDERAL AND STATE, FOR RESOLUTION OF ANY DISPUTES IN CONNECTION WITH THIS SWEEPSTAKES; (2) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (3) that the decisions of the Sponsor are final and binding on all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prize; (4) to the use of his/her name, voice, likeness, biographical data, information contained in his/her entry, and any other indicia of persona for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Released Parties without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates any Released Party to make use of any of the rights granted to it herein and winner waives any right to inspect or approve such use); (5) that any and all disputes between the entrant and any Released Party, including, without limitation, any claims and causes of action arising out of or connected with this Sweepstakes, the prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action; and (6) that in the event of any dispute between the entrant and any Released Party: (a) the entrant will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (if any) not to exceed ten dollars ($10); (b) entrant further waives all rights to have damages multiplied or otherwise increased; and (c) entrant's 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 FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PROVISION (6) ABOVE MAY NOT APPLY TO ALL ENTRANTS.
If any provision of these Official Rules shall be held unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise 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 insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, it will be resolved by Sponsor in its sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON INFORMATION REQUESTS ABOUT THE WINNER.
RULES/WHO WON?: A copy of these Official Rules and information about who won is available by sending a self-addressed, stamped envelope indicating either "Rules" to "Girlfriends Check In Sweepstakes, Social Media, 1041 North Formosa Ave., West Hollywood, CA 90046." Also, these rules are posted at: https://www.oprah.com/own/girlfriends-check-in-sweepstakes. Rules requests must be received no later than the end of the Sweepstakes Period. Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period. Only one (1) request per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage for Official Rules requests.
SPONSOR: OWN: Oprah Winfrey Network, 1041 N, Formosa Ave., West Hollywood, California 90046.
Published 07/14/2020
