1. Sweepstakes Period: The Get Styled By Jersey Couture Sweepstakes (the "Sweepstakes") begins at 12:00:01 am Eastern Time ("ET") on 5/21/10 and ends at 11:59:59 pm ET on 6/16/10 (the "Sweepstakes Period").
2. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other United States territories), who are twenty-one (21) years of age or older as of the date of their entry. Employees, directors and officers of Oxygen Media, LLC ("Sponsor"), bottlerocket marketing group, LLC ("Administrator") and any of Sponsor's or Administrator's respective affiliates, parents, subsidiary companies, and advertising and promotion agencies (collectively the "Sweepstakes Entities") and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Void everywhere else outside the U.S. or where otherwise prohibited or restricted by law. Sweepstakes is subject to all federal, state, local and municipal laws. By entering the Sweepstakes, participants are bound by and agree to these Official Rules, and the decisions of Sponsor and Administrator, which are final and binding.
3. How to Enter: During the Sweepstakes Period, visit www.oxygen.com/getJERSEYstyled (the "Promotional Site") and follow the instructions to complete all required information and submit the online entry form. Incomplete entries will not be eligible. Normal Internet access and usage charges imposed by your on-line service provider will apply. There is a limit of one (1) entry per person and/or per email address per day, for a total of twenty-seven (27) entries throughout the entire Sweepstakes Period. Entries received from any person and/or email address in excess of the stated daily limitation will be void. For purposes of these Official Rules, a day is considered to begin at 12:00:01 am ET and end at 11:59:59 pm ET. The computer clock of the webmaster hosting the Sweepstakes is the official timekeeping device for the Sweepstakes. All entries must be received by 11:59:59 pm ET on 6/16/10 to be eligible. All entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of entries.
4. Random Drawing & Notification/Acceptance: The potential Grand Prize Winner (as defined below) will be selected in a random drawing, which will be held on or about 6/17/10, from among all eligible entries received throughout the Sweepstakes Period. Administrator, who is an independent judging organization, will conduct the drawing. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning are dependent upon the number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winner must comply with these Official Rules as published. The potential Grand Prize Winner will be notified by phone or email on or about 6/18/10. Upon notification attempt, potential Grand Prize Winner will be required to execute and return an affidavit of eligibility and liability/publicity release (where legal) and a W-9 form within seventy-two (72) hours of notification attempt (or less if specified by Sponsor upon notification or in the release documents, due to exigencies) or the Grand Prize (as defined below) will be forfeited and an alternate potential Grand Prize Winner will be selected in a random drawing from among remaining eligible entries, if any. If notification attempt fails for any reason, or if potential Grand Prize Winner does not comply with these Official Rules, Grand Prize will be forfeited and an alternate potential Grand Prize Winner will be selected from among remaining eligible entries, if any. Guest of Grand Prize Winner must be twenty-one (21) or older and must also sign a travel liability/publicity release within the time period specified by Sponsor upon notification/notification attempt. Prior to acceptance, potential Grand Prize Winner must confirm his/her availability and his/her guest's availability to travel on dates, and at flight times selected by the Sponsor as detailed upon notification. The potential Grand Prize Winner and his/her guest must be available to take the Grand Prize trip on or about 6/24/10-6/26/10 (exact dates to be specified by Sponsor upon notification/notification attempt) or else potential Grand Prize Winner will forfeit the Grand Prize and an alternate potential Grand Prize Winner will be selected in a random drawing from among the remaining eligible entries, so long as there are remaining eligible entries outstanding and time permitting. The potential Grand Prize Winner must also accept the Grand Prize Conditions regarding publicity releases and filming/photographing the Grand Prize, as detailed in sections 5 and 6 of these Official Rules, or potential Grand Prize Winner will forfeit the Grand Prize and an alternate potential Grand Prize Winner will be selected in a random drawing from among the remaining eligible entries, so long as there are remaining eligible entries outstanding and time permitting.
5. Prize and Approximate Retail Value ("ARV")
Grand Prize (1): One (1) Grand Prize winner (the "Grand Prize Winner") will receive a trip package ("Grand Prize") for Grand Prize Winner and a guest to Diane & Co., (the clothing store featured in Jersey Couture) located in Freehold, New Jersey. The trip package consists of the following elements and must be taken on or about 6/24/10-6/26/10 (exact dates to be determined by Sponsor, in its sole discretion, upon notification as detailed above): a) Round trip coach-class air transportation for Grand Prize Winner and a guest from a major airport near Grand Prize Winner's home, to a major airport near New York/New Jersey, as determined by Sponsor in its sole discretion; (b) two (2) nights accommodations in a hotel in or around Manhattan, to be determined by Sponsor in its sole discretion (single room, double occupancy); (c) roundtrip ground transportation to/from the major airport near New York/New Jersey, to/from the Sponsor selected hotel and to/from Diane & Co; (d) One (1) dress (for the Grand Prize Winner only) from Diane & Co, and one (1) "Fluff Me Package" makeover (for the Grand Prize Winner only) from Diane & Co, which may include services and items such as, makeup, hair styling and accessories (the above referenced dress and "Fluff Me Package" shall not exceed a value of two thousand ($2,000) dollars and exact treatments and accessories will be selected by Sponsor in its sole discretion). Approximate Retail Value ("ARV") of entire Grand Prize package is four thousand nine hundred and fifty dollars ($4,950).
Sponsor, in its sole discretion, may choose to record the makeover. If Sponsor, in its sole discretion, elects to tape the makeover and/or incorporate the audio and video recording of the makeover (the "Recording") into Jersey Couture or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and Winner will not be entitled to compensation or credit therefore. Sponsor will determine the nature of the Recording in its sole discretion. If the Recording is broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsor in its sole discretion. Winner will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsor prior to Winner's participation in the taping, if any. Failure of Winner to complete and execute these documents in a timely manner, as determined by Sponsor in its sole discretion, may cause the Grand Prize to be forfeited. The content of the Recording as, and if, finally exhibited and the number of exhibits and re-airs thereof, if any, will be determined by Sponsor in its sole discretion. Winner will have no right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. Sponsor has the right, in its sole discretion, to disqualify Winner, cause the Grand Prize to be forfeited, and remove Winner (and or his/her guest) from the taping at any time, if the Winner's (and or his/her guest's) behavior is deemed by Sponsor to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsor or if it otherwise violates the policies of Sponsor, or if Winner (and or his/her guest) does not follow the directions of Sponsor at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.
6. Grand Prize Conditions: Actual value of Grand Prize depends on the city of departure, time of travel, any airfare fluctuations, current market conditions, hotel costs and upon dress, makeup, hair style and accessories provided to Grand Prize Winner at the time of prize fulfillment, and any difference between the stated ARV and the actual value, if any, will not be awarded. Administrator will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the ERV of Grand Prize for the tax year in which Grand Prize was won. The value of Grand Prize represents Administrator's good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, Grand Prize Winner shall be bound by such good faith determination. Travel arrangements will be made on or about 6/18/10 through the travel coordinator designated by Sponsor and travel must take place on a carrier of Sponsor's choice. All air transportation reservations and hotel reservations are in Sponsor's sole discretion. Trip is subject to air/hotel availability, holiday and blackout dates, and other travel conditions and restrictions that may apply. If the Grand Prize Winner lives within a reasonable distance to New York/New Jersey, as determined by Sponsor in its sole discretion, the air transportation portion of the prize will not be awarded and ground transportation will be substituted in lieu thereof and no additional compensation will be provided for the difference in prize value. One or more stopovers may be required on air transportation. Grand Prize Winner and his/her guest must travel together at the same time and/or on the same itinerary. If Grand Prize Winner chooses to travel without a guest the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsors' Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Air transportation and hotel accommodations must be booked together and cannot be taken separately. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor's sole discretion. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in Grand Prize Winner's possession, or in the possession of Grand Prize Winner's guest. The Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations including any results thereof such as changes in services or accommodations necessitated by same. If any portion of the Grand Prize is unable to take place as planned, for any reason, including but not limited to, cancellation, scheduling conflicts, production conflicts, store closures, or an event of force majeure, that portion of the prize will be forfeited, the remaining components of the Grand Prize will be awarded, and Sponsor's obligation to the Grand Prize Winner will be deemed fulfilled, and no other additional compensation will be provided. Grand Prize conditions may be added or modified by Sponsor or by companies providing those portions of the Grand Prize. The Grand Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be communicated upon notification, in the release and/or in the prize travel documents. Sweepstakes Entities shall not be liable for any loss or damage to baggage. Grand Prize Winner and his/her guest are solely responsible for obtaining all necessary and required travel documents (e.g. valid government-issued photo ID, etc.) and insurance. All airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code-share flights may be used. Prize components cannot be used in conjunction with any other promotion or offer, and no portion may be separated except at Sponsor's sole discretion. Costs for room and tax are based solely on one (1) room standard rate double occupancy. Grand Prize Winner must have a valid U.S. photo identification and credit card in his/her name. Grand Prize package does not include costs or expenses associated with Grand Prize acceptance and use, including, without limitation, all federal, state, or local taxes (and income and withholding taxes), insurance, telephone charges, personal expenses, room service, gratuities, luggage fees, meals, additional ground transportation, incidental charges, or any other items not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and guest agree to comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of Grand Prize.
7. General Conditions: Grand Prize merchandise is 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. Any and all guarantees and warranties on merchandise prizes are subject to the manufacturer's terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. Sponsor will determine exact size of dress and/or accessories, in its sole discretion, based on availability. Grand Prize Winner is responsible for all federal, state, and local taxes (including income and withholding taxes) and all other costs associated with prize acceptance and use not specified herein as being provided. No transfers of prizes, or substitutions for cash equivalents, in whole or in part, will be permitted, except at Sponsor's sole discretion. Sponsor reserves the right to substitute the Grand Prize (or portion thereof) with another prize of greater or comparable value, as determined by Sponsor. All prize details are at Sponsor's sole discretion.
8. General Rules: By entering the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute over the identity of the potential Grand Prize Winner, the natural person who is the authorized account holder of the email address used to submit an entry will be declared the potential Grand Prize Winner. "Authorized account holder" of an e-mail address is defined as the natural person who is assigned to an email address by an Internet Access 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. Acceptance of Grand Prize constitutes permission for Sponsor and its designees to use Grand Prize Winner's and guest's names and likenesses for promotional, advertising or any other purposes in any and all media, now known or hereafter devised, worldwide in perpetuity, without further compensation, notification or permission, except where prohibited by law. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
9. Limitations of Liability: Entrants, by participating in the Sweepstakes, release and agree to hold the Sweepstakes Entities harmless from and against any and all liability, claims or action of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Grand Prize (including any travel or activity related thereto), including participating in this Sweepstakes or in any Sweepstakes-related activity, whether sponsored, held by, or paid for by a third party or by Sponsor. Each entrant agrees to indemnify Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Sweepstakes Entities 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 Prizes, including express warranties provided exclusively by Prize supplier that are sent along with Prizes. Additionally, the Sweepstakes Entities are not responsible for late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered entries; or for any virus contracted by an entrant's computer through participation in the Sweepstakes, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Sweepstakes Entities are not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, 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 entries, the cancellation or postponement of any portion of the Grand Prize or filming, the announcement of the prizes or in any Sweepstakes-related materials. The Sweepstakes Entities are not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website or any other devices which subvert the entry process will void all entries by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, virus, bug, worms, unauthorized human intervention or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and post notice of the action at the Promotional Site. If Sponsor terminates the Sweepstakes prior to the end of the Sweepstakes Period, Sponsor will select the potential Grand Prize Winner in a random drawing from among all valid, non-suspect, eligible entries received prior to termination, if any, or as otherwise may be deemed fair and equitable by Sponsor.
10. Disputes, Governing Law and Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
11. Privacy Policy: Any personally identifiable information collected during this Sweepstakes will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at http://www.oxygen.com/legal/privacyPolicy.aspx and as allowed by law. An entry, except where prohibited by law, constitutes a grant of permission to the Sponsor or its agents to include winner's name on the www.oxygen.com site and/or the Promotional Site and/or the Oxygen Channel and to use, display, distribute or publish such entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived therefrom, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Promotion or as Sponsor otherwise determines in its sole discretion, and for purposes of advertising or trade in promoting or publicizing Sponsor, its products and/or services, without compensation (where legal). Acceptance of a prize constitutes a waiver of any claims to compensation, royalties, or other remuneration for such use.
12. Winners' List: For a list of winners, available after the Sweepstakes Period has ended, send a stamped, self-addressed envelope by 9/30/10, to: The Get Styled By Jersey Couture Sweepstakes Winner, c/o bottlerocket marketing group, LLC, 298 5th Avenue, 2nd Floor, NY, NY, 10001.
13. Sponsor: The Sponsor of the Sweepstakes is Oxygen Media, LLC, 75 9th Avenue, New York, NY 10011.
© 2010 NBC Universal, Inc. All rights reserved.