OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING
THE SMARTEST SNACK SWEEPSTAKES: How
To Enter:: Beginning May 1, 2009 at 12:01 AM (ET) through July 1, 2009
at 11:59 PM (ET), go to Omagonline.com/almondboard, and complete and
submit the entry form pursuant to the on-screen instructions. Winner
Selection: Winner will be selected in a random drawing from among all
eligible entries received on or about August 1, 2009. Drawing will be
conducted by an O, The Oprah Magazine whose decision is final. Odds of
winning will depend upon the total number of eligible entries
received. Canadian winners will be required to correctly answer a
mathematical skill-testing question as a condition of receiving the
prize. One (1) Grand-Prize winner will receive a collection of items
from “The O List” and heart healthy products, including almonds (ARV
$1,000). Winners will be notified via phone, e-mail or postal mail, at
Sponsor’s discretion, on or about August 15, 2009.
Winner’s List: For winner’s name, send a separate self-addressed,
stamped envelope to The Healthy Heart Sweepstakes, O, The Oprah
Magazine, 300 W. 57th Street, 35th floor, New York, NY 10019 by
September 15, 2009.
ENTRIES:Limit (1) one entry per household for
THE SMARTEST SNACK SWEEPSTAKES (referred to as the
“Promotion”). Multiple entries from the same household will be
disqualified. Entries using macro, robotic, script or other forms of
automatic entry will be disqualified. Entries become the property of
the Sponsor and will not be returned. No mechanically reproduced
entries permitted. Proof of submission does not constitute proof of
receipt. Sponsor is not responsible for lost, late, mutilated,
misdirected, incomplete, inaccurate or postage due entries. If there
is a dispute as to the identity of an online entrant, the prize will
be awarded to the authorized account holder of the email address. The
“authorized account holder” is defined as the natural person to whom
the email address is assigned by an Internet service provider, online
service provider or other organization (e.g., business, educational
institution, etc.) that is responsible for assigning email addresses
for the domain associated with the submitted email address.
ELIGIBILITY: Open to legal residents of the 50
United States and the District of Columbia and Canada who have reached
the age of majority in their state or province of residence. Void in
Puerto Rico, the Province of Quebec, and where prohibited by law.
Employees of Sponsor, its parents, affiliates and subsidiaries,
participating advertising and promotion agencies, the independent
judging organization and prize suppliers (and members of their
immediate family and/or those living in the same of household of each
such employee) are not eligible.
CONDITIONS OF PARTICIPATION: Online entrants
must have valid e-mail address and it is entrant’s responsibility to
update Sponsor of any change in e-mail address. Expenses not
specifically included in prize description and all taxes are the sole
responsibility of the winner. Each prize is awarded “as is” with no
warranty or guarantee, either express or implied outside of
manufacturer's limited warranty. No transfer, assignment or
substitution of a prize permitted, except Sponsor reserves the right
to substitute prize for an item of equal or greater value in the event
an advertised prize is unavailable. All federal, state, provincial and
local laws and regulations apply. Entrants agree to be bound by the
terms of these Official Rules and by the decisions of Sponsor, which
are final and binding on all matters pertaining to this Promotion.
Winners (and parent or legal guardian if winner is a minor) may be
required to sign and return an Affidavit of Eligibility, a Liability
Release and where legally permissible a Publicity Release within 7
days following the date of first attempted notification. Failure to
comply with this deadline may result in forfeiture of the prize and
selection of an alternate winner. Return of any prize/prize
notification as undeliverable may result in disqualification and
selection of an alternate winner. Travel companion of Winner must also
execute a Publicity/Liability Release prior to ticketing and must
possess required travel documents (e.g. valid photo I.D.) prior to
departure. Once the travel schedule has been arranged, it cannot be
altered and failure of Winner to follow such schedule shall not
obligate Sponsor in any way to provide the winner with alternate
arrangements. Winner hereby further agrees that it will sign any
documents necessary to transfer copyright of the entry to Sponsor
within 7 days following the date of first attempted notification.
Acceptance of the prize constitutes permission for Sponsor and its
agencies to use winner’s name and/or likeness, biographical material
and/or entry (including an altered form of the entry) for advertising
and promotional purposes without additional compensation, unless
prohibited by law. By accepting prize, winner agrees to hold Sponsor,
its advertising and promotion agencies and their respective parent
companies, subsidiaries, affiliates, partners, representative agents,
successors, assigns, officers, directors, and employees harmless for
any injury or damage caused or claimed to be caused by participation
in the Promotion or acceptance or use of the prize. Sponsor is not
responsible for any printing, typographical, mechanical or other error
in the printing of the offer, administration of the Promotion or in
the announcement of the prize
INTERNET: Sponsor is not responsible for
electronic transmission errors resulting in omission, interruption,
deletion, defect, delay in operations or transmission, theft or
destruction or unauthorized access to or alterations of entry
materials, or for technical, network, telephone equipment, electronic,
computer, hardware or software malfunctions or limitations of any
kind, or inaccurate transmissions of or failure to receive entry
information by Sponsor or presenter on account of technical problems
or traffic congestion on the Internet or at any Web site or any
combination thereof. If for any reason the Internet portion of the
program is not capable of running as planned, including infection by
computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which corrupt or affect the
administration, security, fairness, integrity, or proper conduct of
this Promotion, Sponsor reserves the right at its sole discretion to
cancel, terminate, modify or suspend the Promotion. Sponsor reserves
the right to select winners from eligible entries received as of the
termination date. Sponsor further reserves the right to disqualify any
individual who tampers with the entry process. Sponsor may prohibit an
entrant from participating in a Promotion if it determines that said
entrant is attempting to undermine the legitimate operation of the
Promotion by cheating, hacking, deception or other unfair playing
practices or intending to abuse, threaten or harass other entrants.
Caution: Any attempt by a participant to deliberately damage any Web
site or undermine the legitimate operation of the Promotion is a
violation of criminal and civil laws and should such an attempt be
made, Sponsor reserves the right to seek damages from any such
participant to the fullest extent of the law.
DISPUTES/CHOICE OF LAW: Except where
prohibited, each entrant agrees that: (1) any and all disputes, claims
and causes of action arising out of or connected with this Promotion
or any prize awarded shall be resolved individually, without resort to
any form of class action, and exclusively by state or federal courts
situated in New York, NY, (2) any and all claims, judgments and awards
shall be limited to actual out-of-pocket costs incurred, but in no
event attorneys' fees; and (3) no punitive, incidental, special,
consequential or other damages, including without limitation lost
profits may be awarded (collectively, "Special Damages"), and (4)
entrant hereby waives all rights to claim Special Damages and all
rights to have such damages multiplied or increased. New York State
law, without reference to New York’s choice of law rules, governs the
Promotion and all aspects related thereto.
SPONSOR: The Sponsor of these Promotions is
Hearst Communications, Inc., 300 W. 57th Street, 18th floor, New York,
NY 10019.