Dr. Oz’s Ultimate Health Day Giveaway: OFFICIAL RULES

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Dr. Oz’s Ultimate Health Day Giveaway

 

OFFICIAL RULES

VOID WHERE PROHIBITED.

 

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

1.    Eligibility: The Dr. Oz’s Ultimate Health Day Giveaway (“Sweepstakes”) is open only to legal U.S. residents, who are physically located and residing in the terrestrial geographic viewing area of Richmond, Queens, Kings, New York  or Bronx counties in New York, Cook or DuPage counties in Illinois, Philadelphia county in Pennsylvania, Suffolk county in Massachusetts, Fulton or DeKalb counties in Georgia, or the District of Columbia (each a “Viewing Area”) and who are 18 years of age or older as of time of entry.  If a registrant/entrant is 18 years of age or older but a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information.  Entrants must also have either a valid social security number or a valid U.S. personal tax identification to participate. Employees of Sony Pictures Television Inc. (“Sponsor”), Harpo Studios, Inc., ZoCo Productions, the Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, design, printing, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent, subsidiary, and related companies, officers, directors, subsidiaries, affiliates, licensees, service providers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in the Sweepstakes.

 

2.  Sweepstakes Description: This Sweepstakes begins at 2:00:00 p.m. Eastern Time (“ET”) on November 12, 2012 and ends at 11:59:59 p.m. ET on November 16, 2012 (“Sweepstakes Period”).  This Sweepstakes consists of thirty (30) daily drawings (one (1) per day for each of the six (6) Viewing Areas), each a daily sweepstakes and six (6) grand prize drawings (one (1) per each of the six (6) Viewing Areas) and has available thirty (30) prizes (one (1) prize per daily sweepstakes per Viewing Area and six (6) Grand prizes (one (1) prize per Viewing Area), as outlined in paragraph 4.  The entry period for each daily sweepstakes begins at 2:00:00 p.m. ET and ends at 11:59:59 p.m. ET each respective day (“Daily Entry Period”).   Eastern Time shall control for all purposes of this Sweepstakes.  Sponsor’s computer shall be the official clock for purposes of the Sweepstakes.  Prospective entrants must go to the website for their respective Viewing Area: http://www.myfoxny.com/; or http://www.myfoxchicago.com/; or http://www.myfoxphilly.com/; or http://www.myfoxboston.com/; or http://www.myfoxdc.com/; or http://www.myfoxatlanta.com/ ("Website”) to enter.  As part of the Sweepstakes, prospective participants are asked to watch The Dr. Oz Show (the “Show”), airing weekdays on television in syndication, in order to watch for the code word for each Daily Entry Period which will be displayed during the first thirty (30) minutes of each respective episode in an on-air bug (“Word of the Day”).  Check local listings for Show schedule, which may be changed or preempted without notice.  In these cases, at the election of the Show, the Sweepstakes may be played outside the usual dates and times, or not at all.  The potential winning of any prize is subject to verification, as set forth below.

 

3.   How to Enter: To enter the Sweepstakes, access the Website (for your respective Viewing Area) and complete the entry form by providing the following information on the Sweepstakes entry form: First Name, Last Name, Street Address, City, State, Zip Code, Date of Birth, Phone Number, Email Address and Word of the Day (collectively, “Entry Information”).   All required Entry Information must be completed in full, must be accurate and valid.  The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. After completing and submitting your Entry Information, you will then receive one entry into the Sweepstakes for that daily sweepstakes and the grand prize drawings for your respective Viewing Area (“Sweepstakes Entry”).  Word of the Day must be correct for that particular Daily Entry Period in order to receive a Sweepstakes Entry.  Limit one (1) Sweepstakes Entry per person (based on e-mail address) per Daily Entry Period per Website/Viewing Area.  Sweepstakes Entries for a given daily sweepstakes must be received by 11:59:59 p.m. ET of such respective day.  Sweepstakes Entries for the last daily sweepstakes and the grand prize drawings must be received by 11:59:59 p.m. ET on November 16, 2012.  Multiple Sweepstakes Entries submitted by the same person in excess of this limit will be disqualified.  Proof of delivery or receipt of Sweepstakes Entries will not be deemed by Sponsor as proof of receipt (or entry).  Any attempted form of participation in this Sweepstakes other than as described herein is void.

 

4.   Prizes/Odds of Winning: Thirty (30) Daily Prizes (one (1) prize per daily sweepstakes and per each of the six (6) Viewing Areas):  Each daily prize winner will win one (1) $250.00 American Express Gift Card that can be used towards groceries.  Six (6) Grand Prize winners (one (1) per each of the six (6) Viewing Areas) will receive a two (2) night trip for the winner and one (1) guest (who may not be a minor in the jurisdiction where he/she is located) to New York, NY. The Grand Prizes will include roundtrip coach class air transportation from an airport near the Grand Prize winner’s residence to New York, NY; standard hotel accommodations (single room, double occupancy); two (2) $150.00 American Express Gift Cards that can be used for a Spa Treatment for each Grand Prize winner and their respective guest; and $250 spending cash (awarded in the form of a check).  Total Approximate Retail Value (“ARV”) of each Grand Prize: $1,250.  Total ARV of all prizes: $15,000.  Odds of winning a Daily Prize depend upon the total number of eligible Sweepstakes Entries received for that daily drawing and for each respective Viewing Area.  Odds of winning the Grand Prize depend upon the total number of eligible Sweepstakes Entries received for the entire Sweepstakes Period for each respective Viewing Area.  The Grand Prize winners and their respective guest may be required to have/present at least one major credit card in good standing in order to check into their hotel room.  The Grand Prize winners and their respective guest must travel together on the same itinerary.  Items not specifically mentioned as being included as part of a Grand Prize are the sole responsibility of each Grand Prize winner and his/her guest including, but not limited to, travel tax, travel insurance, room service, laundry service, meals, unspecified ground transportation, baggage fees, hotel incidentals, local and long distance telephone calls, gratuities, personal items, government fees, and all other costs and expenses not otherwise mentioned herein.  Air transportation may not be provided if a winner lives within 100 miles of New York, NY.  Gift Cards subject to stated terms and conditions.  The prize restrictions/conditions stated herein may be subject to additional restrictions/conditions.  No transfer, substitution or cash equivalent for prizes, except that Sponsor in its sole discretion may substitute a prize of equal or greater value due to prize unavailability for any reason.  Any depiction of prizes, in Sweepstakes materials or otherwise, is for illustrative purposes only.  All expenses not specifically mentioned as being included are excluded and are each winner’s sole responsibility.  Sweepstakes void where prohibited by law and subject to all applicable federal, state and local laws. All federal, state or other tax liabilities (including, but not limited to, income taxes) arising from Sweepstakes will be the sole responsibility of the winners.  The Grand Prize winners will receive a 1099 Form from the Sponsor for the value of the Grand Prize.  The Sweepstakes administrator is not the supplier or guarantor of any of the prizes.

 

5.     Drawings and Notification of Winners: For each daily sweepstakes and Viewing Area, one (1) potential winner will be randomly selected from all eligible Sweepstakes Entries for that daily sweepstakes in a drawing to be held on or about the business day following each Daily Entry Period, by Sweepstakes administrator, an independent judging organization, at their offices in Burbank, CA.  Entries received for a given daily drawing will not be retained for subsequent drawings but all non-winning Sweepstakes Entries received during the entire Sweepstakes Period will be used for the respective Grand Prize drawings.  The Grand Prize drawings will be held on or about the business day following the end of the Sweepstakes Period by the Sweepstakes administrator.  All Prize winners (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified by phone at the phone number provided on his/her Sweepstakes Entry within approximately two (2) days of the date his/her name was selected.  The potential Grand Prize winners will be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any other documentation that Sponsor requires (collectively "Affidavit/Release") within five (5) days after receipt by a potential grand prize winner or such potential winner may be disqualified and an alternate potential winner may, in Sponsor's sole and absolute discretion, be selected. By returning a completed Affidavit/Release, each Grand Prize winner attests to the authenticity of his/her Entry.  If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified, and, an alternate potential winner for that prize may be selected (in Sponsor’s sole discretion) from all remaining eligible Sweepstakes Entries received for that particular daily drawing.  If a Prize winner is a resident of a jurisdiction that deems him/her to be a minor, his/her Prize will be awarded in the name of his/her parent/legal guardian. All Prizes and all respective Prize notification/documents will be mailed/shipped to street addresses located within the 50 states of the U.S. or D.C. only. 

 

6.    Additional Terms and Disclaimers: The Entry Information you provide will only be used in accordance with the Sponsor’s privacy policy detailed below. Each Grand Prize winner’s guest will be required to execute, have notarized, and return an unmodified official liability release, a publicity release and any other documentation that the Sweepstakes administrator and/or Sponsor requires (“Guest Releases”) within five (5) days after receipt by the winner.  By returning a completed Guest Release, such persons attest to the provisions stated. Sweepstakes Entities are not responsible or liable for Sweepstakes Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limits, or for Sweepstakes Entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete or otherwise not in compliance with these Official Rules and all such Sweepstakes Entries will be disqualified. Sponsor reserves the right to suspend, cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Sponsor in its sole discretion.  In the event of suspension/modification/termination of the Sweepstakes, a notice will be posted on the Website, and the affected drawing(s) will be conducted from among all eligible Sweepstakes Entries received for such affected drawing(s) which were received prior to and/or after (as appropriate) the action taken by Sponsor or prizes for such affected drawing(s) will be awarded via some other means determined by Sponsor (in its sole discretion) to be fair, appropriate and consistent with the spirit of these Official Rules.  Any person attempting to forge or tamper with the Sweepstakes or otherwise defraud Sponsor will be prosecuted to the full extent of the law and will be ineligible to win a prize.  By participating, participants (if deemed a minor, his/her parent/legal guardian) agree to release, discharge and hold harmless Sweepstakes Entities from losses/injuries of any kind, including personal injury and/or death, resulting from participation in the Sweepstakes, or the acceptance/possession, use/misuse of a prize by winners of prizes; or inability to use  prize;  shipping delays of prize merchandise; item/service prize unavailability, human error; incorrect or inaccurate transcription of Sweepstakes Entry Information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Sweepstakes or participant;  interruption or inability to access the Sweepstakes, Website, 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, defects; and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities.  Each participant further agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities.   Sweepstakes Entities are also not responsible for any typographical or other error contained in the Official Rules or other Sweepstakes-related materials.  IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES, ANY PRIZE AWARDED HEREUNDER, YOUR ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.  Unless provided otherwise by Sponsor’s privacy policy, located at http://www.sonypictures.com/corp/privacy.html, where permitted by law, participation and acceptance of a prize constitutes permission for Sponsor and Sweepstakes Entities to use such winner’s name, photograph, likeness, statements, voice, biographical information and address (city and state) for advertising/trade/publicity purposes worldwide and in all forms of media (including but not limited to posting on the Website) now known or hereinafter devised, in perpetuity, without further notice, permission or compensation, in connection with Sweepstakes, or the prize(s) awarded, and the advertising and marketing thereof.  American Express, Inc does not sponsor or endorse this Sweepstakes.  Participants also agree to be bound by the Official Rules and decisions of Sponsor and/or Sponsor’s representatives, which are final and binding in all respects, and waive any right to claim any ambiguity in these Official Rules or Sweepstakes materials.  Submitted Sweepstakes Entries become the sole property of Sponsor and will not be acknowledged or returned.  The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

 

7.    ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW:  ANY CONTROVERSY OR CLAIM ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO (I) THE SWEEPSTAKES, (II) THE AWARDING OR REDEMPTION OF ANY PRIZES AND/OR (III) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE OFFICIAL RULES OR THEIR ENFORCEMENT OR INTERPRETATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE 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 SUBMITTING A SWEEPSTAKES ENTRY, EACH ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF THE ENTRANT IS A MINOR IN THE JURISDICTION HE/SHE RESIDES) AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ.  THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES).  IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS.  THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC.  THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. 

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ENTRANT HEREBY IRREVOCABLY WAIVES ANY RIGHTS OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.

 

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.  THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE CURRENTLY UNENFORCEABLE UNDER CALIFORNIA LAW BUT MUTUALLY INTEND FOR THIS SECTION TO APPLY IN THE EVENT SUCH PROVISIONS LATER BECOME ENFORCEABLE UNDER CALIFORNIA LAW.

 

THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES.   

 

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT.

 

8.   OFFICIAL RULES/WINNERS LIST:  An additional copy of these Official Rules by which all participants are bound, or the names of winners, may be obtained by sending a self addressed, stamped envelope to:  Dr. Oz’s Ultimate Health Day Giveaway “Rules” or “Winners List” (specify which), P.O. Box 6375, Burbank, CA 91510 to be received no later than January 16, 2013.

 

9.     SPONSOR: Sony Pictures Television Inc., 10202 West Washington Blvd., Culver City, CA 90232. ©2012 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever.  All rights reserved.