OWN HOLIDAY #TREATDOWN SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("U.S."), AGED 18 YEARS OR OLDER.
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("U.S."), AGED 18 YEARS OR OLDER.
-
ELIGIBILITY: The OWN Holiday #TREATDOWN Sweepstakes ("Sweepstakes") is open only to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States (including the District of Columbia) ("Eligibility Area") who are at least eighteen (18) years old at the time of entry. Employees, directors and officers of OWN: OWN Digital LLC ("Sponsor"), Harpo Productions, Inc., and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors, co-promotion partners and any other prize suppliers (collectively, "Sweepstakes Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter into or win. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. All applicable federal, state, and local rules apply. Void outside of the Eligibility Area where prohibited or restricted by law.
By entering or otherwise participating in the Sweepstakes, you agree to comply with and abide by these Official Rules, which are a contract, so read them carefully. Without limitation, this contract includes grants of rights and indemnities to the Sweepstakes Entities and others from you, mandatory arbitration of disputes, and a limitation of your rights and remedies. Decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, will be final and binding in all respects.
-
HOW TO ENTER: The Sweepstakes is offered during three (3) separate "Entry Periods," as follows:
Entry Period Movie Movie begins at 9:00 PM ET on Entry Period begins at 9:00 PM ET on Entry Period ends at 2:00:00 AM ET on 1 One Fine Christmas 11/15/2019 11/15/2019 11/16/2019 2 Carole's Christmas 11/22/2019 11/22/2019 11/23/2019 3 Baking Christmas 11/29/2019 11/29/2019 11/30/2019
Before and during each movie listed above, @owntv Twitter Handle will tweet out a question about that movie which entrants must answer as part of their Sweepstakes entry ("Answer") for that Entry Period. The questions are as follows:
- Entry Period 1—One Fine Christmas: What does Maddie ask her husband, Al, to get from the garage?
- Entry Period 2—Carole's Christmas: While in college, what does Carole decide to do during Spring Break?
- Entry Period 3—Baking Christmas: Which one of Patty's kids work at Patty Cakes Bakery?
You may enter the Sweepstakes in either of the following ways:
(A): Via Twitter: Watch one of the holiday movies listed above on OWN: Oprah Winfrey Network. Then during the Entry Period for that movie, go to www.twitter.com, ("Twitter Site") and, if you already have a Twitter account, log on using your Twitter username and password. If you do not already have a Twitter account, you can go to www.twitter.com to create a free Twitter account. A Twitter account is required to enter the Sweepstakes. Please note that you must agree to comply with the Twitter Terms of Use in order to create a Twitter account.
Once you are logged in to Twitter, to enter the Sweepstakes during the Entry Period, submit your entry by tweeting the Answer, the hashtags "#entry" and "#TREATDOWN", and mention "@OWNTV" ("Entry"). Entries must be received during the applicable Entry Period (detailed above) to be eligible for the corresponding random drawing. See Section 3 below for random drawing details.
Sponsor's computer shall be the official timekeeper for all matters related to this Sweepstakes. If your Twitter profile is set to the "Protect my Tweets" setting, your Entry may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Sweepstakes. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.
(B): Via Mail: Hand print your name, complete address, telephone number, and email address on a piece of paper, place it in an envelope, and mail to: OWN Holiday #TREATDOWN Sweepstakes, PMI Station, PO Box 750, Southbury, CT 06488-0750. On the upper left corner of the envelope, write the name of the movie listed (see chart above) for the Entry Period you are entering. Mail-in entries must be postmarked by the last day of an Entry Period and received by Sponsor no later than seven days following the close of an Entry Period to be entered in the random drawing for that Entry Period. Mail-in entries that do not include a valid movie name will be disqualified.
Regardless of the method of entry, there is a limit one entry per person/valid email address per Entry Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Sweepstakes Entities are not responsible and shall not be liable for late, lost, misdirected, mutilated, incomplete, illegible or postage-due entries or mail. In case of a dispute over the identity of a Twitter entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to a Twitter account by the Twitter Site. Entry constitutes permission (except where prohibited by law) to use entrant's name, Twitter user name, city, state, Answer, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
Entries must not violate or encourage the violation of any law, rule or regulation. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries must not defame or invade the privacy or publicity rights of any person (including, but not limited to, celebrities or celebrity look-alikes), living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void.
MOBILE DISCLOSURE: If you opt to use your wireless mobile device in connection with the Sweepstakes, depending on your phone's capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Sweepstakes.
-
RANDOM DRAWINGS / PRIZES / ODDS OF WINNING: On or about the ninth day following the close of an Entry Period, a random drawing will be conducted from among all eligible entries received for that Entry Period to award one prize per Entry Period. Each prize will consist of a selection of three (3) pies from Make My Cake Bakery in Harlem, NY ("Prize"). Pies will be shipped from the bakery to winner's residence. The selection of pies will be determined by the Sponsor in its sole discretion. Approximate Retail Value ("ARV") of each Prize is $165. A total of three (3) Prizes will be awarded. Total ARV of all prizes is $495.
Odds of winning will be determined by the number of entries received for each Entry Period. Non-winning entries will not be carried over into subsequent Entry Periods, if any.
-
WINNER NOTIFICATION: Potential winners will be notified via Twitter or by phone or email. If by Twitter, Sponsor will make two (2) attempts to notify potential winner via direct message to potential winner's Twitter account in order to obtain potential winner's contact information. Sponsor will share potential winners' names and contact information with Sweepstakes Entities, as applicable. Potential winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release ("Affidavit") within seven (7) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor's sole discretion an alternate potential winner may be selected from the remaining eligible entries. If potential winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize or prize notification is returned as undeliverable, potential winner will be disqualified and time permitting, at Sponsor's sole discretion, an alternate potential winner may be selected from the remaining eligible entries. Decisions of the Sponsor as to the selection of the winners will be final.
Parents or legal guardians of a winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for a winner to be qualified to receive their Prize. If, for any reason, more bona fide winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in the Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
All Prize(s) are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive, regardless of whether they, in whole or in part, are used. The ARV of the Prize(s) is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed Prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize(s). If the winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize.
-
PUBLICITY RELEASE: Subject to applicable law, each winner irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her name, city and state, Answer, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
-
TAMPERING WITH SWEEPSTAKES: The Sweepstakes Entities are 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 a Sweepstakes. Persons found tampering with or abusing any aspect of a Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat a Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Sponsor further reserves the right to: (i) terminate or declare the Sweepstakes null and void and rescind any Prize, if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Sweepstakes.
-
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes 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 Sweepstakes or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of that Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of a Sweepstakes; (b) acting in violation of the Official Rules; or (c) acting in an un-sportsmanlike manner.
-
WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities and Twitter, together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and advertising partners, and the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations 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 a Sweepstakes 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 a Sweepstakes; 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 Sweepstakes activity and/or Prize). Without limiting the generality of the foregoing, entrants agree that Released Parties: (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 Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties 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 any website, Twitter, 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 Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability due to or arising out of his/her entry, or his/her conduct in creating an entry or otherwise in connection with his/her participation in from the Sweepstakes, and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties 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 a 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 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/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/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.
-
ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his/her name, address and other information to third parties for the purpose of administering the Sweepstakes and to comply with applicable laws, regulations, and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to the Sweepstakes or on a winner list. The 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 e-mail account to receive e-mail messages.
-
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 Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY ENTERING THE SWEEPSTAKES, 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), 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), 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.
-
DISPUTE RESOLUTION AND NO CLASS RELIEF: 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 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.
-
WINNER LIST: To receive a list of winners, mail a self-addressed, stamped envelope to be received by January 31, 2020, to: OWN Holiday #TREATDOWN Sweepstakes Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
-
MISCELLANEOUS: The invalidity or unenforceability of any provision of the Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of the Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in the Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of the Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Sweepstakes-related materials, privacy policy or terms of use on any applicable website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion.
-
SPONSOR: OWN: OWN Digital LLC, 1041 N. Formosa Ave, Los Angeles, CA 90046.
The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter. You are providing information to Sponsor and not to Twitter. Reference to third parties in connection with Prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
Published 11/14/2019
