Oh! Nuts “Take A Break From Life As We Know It” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. ONLINE ENTRY ONLY AND INTERNET ACCESS IS REQUIRED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Oh! Nuts “Take A Break From Life As We Know It” Sweepstakes (“Sweepstakes”) is open to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia who are twenty-one (21) years of age or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, all other U.S. territories and possessions and where prohibited. Employees, and those living in their same households (whether or not related), of Online Express, Inc. (“Sponsor”), Warner Bros. Entertainment Inc., and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies (collectively, “Sweepstakes Entities”) are not eligible to enter or win. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters relating to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, provincial and local laws.
ENTRY PERIOD: The Sweepstakes begins on or about 12:01 a.m. Eastern Time (“ET”) on September 20, 2010 and ends at 11:59 p.m. ET on October 31, 2010 (“Sweepstakes Period”). There is one (1) method of entry.
Online Entry: To enter the Sweepstakes, log on to www.ohnuts.com/life (the “Website”) and follow the directions provided to obtain one (1) entry for the Grand Prize drawing. To enter, provide your first and last name, phone (day or evening), year of birth, and email address. An email will then be sent to you explaining that you've been entered for a chance to win.
The odds of winning will depend on the total number of eligible entries received. All entries must be submitted by 11:59 p.m. ET on October 31, 2010 to be eligible. Limit one (1) entry per person and per household. Entries received by any person or household in excess of the stated limitation will be void. Entries generated by script, macro or other automated means and entries by any means which subvert the participation process will be void. All entries become property of the Sponsor and will not be returned.
SWEEPSTAKES DRAWING: On or about November 2, 2010, the Sponsor will randomly select one (1) potential Grand Prize winner, five (5) potential First Prize winners, and ten (10) potential Second Prize winners from among all eligible entries received. Odds of winning the Grand Prize, First Prize, or Second Prize depend on the number of eligible entries received.
WINNER NOTIFICATION: The potential Grand Prize, First Prize, and Second Prize winners will be notified on or about November 2, 2010 by phone and/or email. Potential Grand Prize winner will be required to execute and return an affidavit of eligibility, a liability release, and where lawful, a publicity release and any other documents required by Sponsor or prize suppliers (collectively, the “Affidavit”) within seven (7) days of date of issuance. If such documents are not returned within the specified time period, if the prize or prize notification is returned as undeliverable, if Sponsor is unable to contact a potential Grand Prize winner within a reasonable time period, if a potential Grand Prize winner is not in compliance with these Official Rules, then prize will be forfeited and an alternate Grand Prize winner may be selected. If the Sponsor is unable to contact potential First Prize or Second Prize winner or winners within a reasonable time period, First or Second prize or prize notification is returned as undeliverable, or potential First or Second Prize winner is not in compliance with these Official Rules, then prize will be forfeited and will remain un-awarded.
GRAND PRIZE (1): One (1) Grand Prize winner will receive a trip for winner and three (3) guests to Los Angeles, CA on dates to be determined by Sponsor, and four (4) tickets for a VIP tour of Warner Bros. Studios. Trip consists of roundtrip, coach-class air transportation for four (4) from a major gateway airport nearest winner's residence to Los Angeles, CA and five (5) days/four (4) nights hotel accommodations (two (2) rooms, double occupancy) at a the W Hotel in Hollywood, CA. No ground transportation provided. Sponsor will be providing airfare through an airline carrier that services a major U.S. gateway airport closest to the winner's home. No transportation will be offered to or from airport. Approximate Retail Value (“ARV”) of Grand Prize: $4,699 Travel must be booked at least two (2) weeks prior to travel and all travel must be taken between November 25, 2010 and October 30, 2011. Travel is subject to availability and is not allowed to be taken over holidays, or during blackout dates or convention periods. Confirmation will be given on a space availability basis only. Once a reservation is made, no changes are permitted. Prize is not transferable, assignable or redeemable for cash. No prize substitutions, except as provided herein. Married or divorced women traveling under names other than what is printed on their travel documents must supply a marriage license and/or divorce decree. Travel arrangements are subject to availability.
The trip begins and ends at the point of departure. Trip must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Certain travel restrictions may apply. Actual value of the Grand Prize may vary based on point of departure and dates of travel. If winner resides within a 100-mile radius of destination, then ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof, provided by Sponsor. Any difference between stated value and actual value will not be awarded. Winner and guest must travel together on the same itinerary and are responsible for obtaining all necessary travel documents prior to travel. The Grand Prize winner's guests must be twenty-one (21) years of age or older, unless any of them are a child or legal ward of Grand Prize winner, and must sign an Affidavit prior to issuance of travel documents. If any guest is child or legal ward of Grand Prize winner and is not older than the age of majority in his/her state of residence (which is eighteen (18) in most states, but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) (“Minor”), then the Grand Prize winner must sign and return Release Affidavit on behalf of such Minor. Once a travel guest is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Travel is subject to availability. In the event the Sponsor cannot provide a tour of the Warner Bros. Studios for any reason, no compensation or substitution will be provided in lieu thereof; however, remainder of Grand Prize will be awarded. Tickets are subject to certain terms and conditions specified thereon. Grand Prize winner and guests must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of prize. Travel must be made through Sponsor's agent, on a carrier of Sponsor's choice.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand 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. ALL PRIZES 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).
FIRST PRIZE (5): Five (5) first prize winners will receive a New Baby Congratulations Gift Basket Inspired by “Life As We Know It.” Gift basket contains pink or blue teddy bear, .5 lbs of pistachios, chocolates, and new baby lollipops. ARV: $149.75
SECOND PRIZE (10): Ten (10) second prize winners will receive a $10 Oh! Nuts Gift Card. ARV: $100.
GENERAL PRIZE CONDITIONS: Winners are solely responsible for all federal, state, and local taxes (including income and withholding taxes) and any other expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded including, without limitation, meals, ground transportation, luggage fees, souvenirs and gratuities (as applicable). An IRS Form 1099 may be issued in the name of the Grand Prize winner for the actual value of the prizes received. Winners may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or any portion thereof) with one of comparable or greater value. In the event a prize winner and/or his/her guests engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. Gift cards are subject to certain terms and conditions as specified by Sponsor. No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with a prize of comparable or greater value, at its sole discretion. Total ARV of all prizes awarded in this Sweepstakes: Four Thousand Nine Hundred Forty-Eight Dollars and Seventy-Five Cents ($4,948.75). All prize details are at Sponsor's sole discretion. Limit one (1) prize per person, per household and per email address.
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. 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 entry of the Sweepstakes.
GENERAL CONDITIONS: By participating, participants accept and agree to these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding in all matters. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, garbled, stolen, misdirected, undelivered or illegible requests, entries; or other errors or difficulties of any kind whether human, technical, electronic, mechanical, network, seeding, computer, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of prize claims or redemptions, entries, the announcement of the prizes, the cancellation or postponement of the tour, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. 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 Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes 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 Sweepstakes be, in Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, submission of entries, or should the Sweepstakes be unable to run as planned for any reason, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes or any portion thereof. If terminated, at its discretion, Sponsor reserves the right to select the potential Grand Prize winner for the Sweepstakes from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor and to award only the Instant Win Prizes for which valid and eligible prize claims were submitted up to such termination. If due to a computer programming, seeding, network or other error, more Instant Win Prizes are claimed than intended to be awarded according to these Official Rules, Instant Win Prizes may be awarded in a random drawing from among all valid and non-suspect eligible prize claims received, at Sponsor’s sole discretion. In no event will the Released Parties be liable for more than the stated number of prizes in these Official Rules. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKESMAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants, by participating, agree that Sponsor, Warner Bros. Entertainment, Inc., and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be released, discharged, and held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize (including any travel or activity related thereto) or participation in this Sweepstakes. Each winner, by acceptance of a prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, 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. As a condition of entering the Sweepstakes, each winner gives consent for Sponsor to obtain and deliver his/her name, address and other information to third parties for the purpose of administering this Sweepstakes and comply with applicable laws, regulations, and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. In case of dispute as to the identity of any participant, entry will be declared made by the authorized account holder of the email address submitted at time of entry and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. If entrants would like to receive additional information from Sponsor, they may consent by checking the opt-in box at the time of registration for the Sweepstakes. If the opt-in box is not checked, entrants will not receive additional information from Sponsor. Any requested opt-in consent is not required to enter the Sweepstakes and will not increase your chances of winning.
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 Sweepstakes Entities 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 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 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; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) 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. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
WINNERS' LIST: For the names of the winners (available after October 10, 2010), send a self-addressed stamped envelope to: Oh! Nuts Life As We Know It Sweepstakes Winners, 1449 37th St., 5th Floor, Brooklyn, New York 11218, for receipt no later than December 30, 2010.
SPONSOR: Online Express Inc., 1449 37th St., 5th Floor, Brooklyn, New York 11218. Warner Bros. Entertainment Inc. and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration, or execution of this Sweepstakes.