NO PURCHASE NECESSARY. Open to permanent legal residents of the forty eight (48) contiguous states of the United States and the District of Columbia who are physically located and residing therein, and who are twenty-one (21) years of age or older as of the time of entry. Residents of the states of Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions are not eligible to enter this Sweepstakes. Void where prohibited. Sweepstakes begins December 9, 2008 at 9:00 AM Eastern Time ("ET"), and ends at 11:59pm ET on December 21, 2008 (the "Sweepstakes Period"). Odds of winning depend on number of eligible entries received. All times in this Sweepstakes refer to Eastern Time.
SPONSOR: Oxygen's Party with a Top Model Sweepstakes ("Sweepstakes") is sponsored by Oxygen Media LLC ("Oxygen"), 75 Ninth Avenue, 7th Floor, New York, New York 10011.
ELIGIBILITY: This Sweepstakes is only open to permanent legal residents of the forty eight (48) contiguous states of the United States and the District of Columbia who are physically located and residing therein, and who are twenty-one (21) years of age or older as of the time of entry. Residents of the states of Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions are not eligible to enter this Sweepstakes. Officers, directors, agents and employees of Sponsor, NBC Universal, Inc., and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, 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, are not eligible to enter or win the Sweepstakes. All applicable federal, state, and local laws and regulations apply.
HOW TO ENTER: To enter the Sweepstakes, go to www.oxygen.com and follow the on-screen instructions to complete and thereafter transmit the official online entry form, which includes: your full name, complete mailing address, telephone number, and valid e-mail address. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Sponsor is not responsible for lost, late, illegible, incomplete or inaccurate entries. If there is a dispute as to the identity of an online entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address used to enter. 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. All entries become the property of Sponsor and will not be acknowledged or returned. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity without additional compensation, notification, permission or approval. ALL ENTRIES MUST BE RECEIVED BY 11:59pm ET on December 21, 2008 TO BE ELIGIBLE FOR THE SWEEPSTAKES. Limit (1) entry per person or unique email address during the Sweepstakes Period. Entries from the same person or email address in excess of one (1) will be disqualified.
By entering this Sweepstakes you can opt-in to receive information and promotional materials from Oxygen and other NBC Universal entities. If at any time in the future, you do not wish to receive these materials, please go to Oxygen's privacy policy, located at http://www.oxygen.com/legal/privacyPolicy.aspxor go to the privacy policy of the NBC Universal entity that has sent such materials, and follow the procedures indicated.
RANDOM DRAWING AND WINNER NOTIFICATION: One (1) winner ("Winner") will be selected in a random drawing from among all eligible entries on or about December 22, 2008 by employees or representatives of Sponsor, whose decisions are final and binding. Sponsor will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of entry. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, "Sweepstakes Documents") within two (2) days of such notification. Noncompliance within this time period may result in disqualification, and an alternate Winner may be selected from the remaining eligible entries at Sponsor's sole discretion. If potential Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Winner will be disqualified and an alternate potential Winner may be selected from the remaining eligible entries received. Odds of winning depend upon the total number of eligible entries received.
PRIZE: One (1) prize will be awarded, consisting of a 3 day / 2 night trip for the Winner and one (1) guest ("Guest") to New York, NY to attend Oxygen's America's Next Top Model Party. The prize includes 1) round-trip coach class domestic air transportation for Winner and Guest from a major airport nearest to Winner's home (as determined by Sponsor in its sole discretion) to one of the major gateway airports nearest New York, NY (as determined by Sponsor in its sole discretion); 2) 2 nights hotel accommodations in New York, NY metropolitan area hotel (one standard room, double occupancy), as determined by Sponsor in its sole discretion; 3) 2 (two) tickets to Oxygen's America's Next Top Model Party ("Party") scheduled to take place on January 12, 2009; 4) Ground transportation to and from airport and hotel and to and from hotel and Oxygen's America's Next Top Model Party. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Winner's place of residence. Approximate Retail Value ("ARV") of prize is $3200.00. Actual prize value may vary depending upon the actual cost of transportation from point of departure and return at time of reservation. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of prize for the tax year in which prize was won.
Specifics of prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a similar prize (or prize element) of comparable or greater value in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of prize by Winner. If prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible entries. If a prize element is not available for any reason, the remaining elements of the prize shall be awarded and shall constitute full satisfaction of Sponsor's prize obligation to Winner, and no additional compensation will be awarded.
Winner and Guest must be able to depart on or about January 11, 2009 and return on or about January 13, 2009, or on other dates and times as determined by Sponsor in its sole discretion. If Winner is unable to travel during the dates specified by Sponsor, prize will be forfeited and Sponsor may, in its sole discretion award prize to an alternate Winner selected from among all remaining eligible entries. Travel and hotel arrangements will be determined by Sponsor in its sole discretion. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsor in its sole discretion. Winner and Guest must travel together on the same itinerary. Prize consists only of the elements set forth above. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, and souvenirs) are included in prize. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable. Reservations are subject to availability. Tickets are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsor in its sole discretion. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability (including applicable departure taxes or fees, including baggage fees), inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Winner and Guest must have valid travel documents (e.g., valid, government-issued photo identification and/or passport) prior to departure. Failure to do so will result in forfeiture of prize. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prize due to reasons beyond Sponsor's control, and are not responsible or liable for any expenses incurred as a consequence thereof. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of Winner and Guest. Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. All elements of prize must be redeemed at the same time. In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date. If Winner chooses to travel or attend the Party without a Guest the remaining elements of prize shall constitute full satisfaction of Sponsor's prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return a release of liability and, except where prohibited, a publicity release (collectively, "Guest Documents"), which must be returned with the Sweepstakes Documents, or prize will be forfeited and an alternate Winner may be selected from the remaining eligible entries. If Guest is a minor, Winner must be such minor's parent or legal guardian and must execute and return the Guest Documents on such minor's behalf.
Date and/or time of Party is subject to change. Party is subject to cancellation. If the Party is cancelled prior to redemption of the prize, the remaining elements of prize shall be awarded and shall constitute full satisfaction of Sponsor's prize obligation to Winner and no additional compensation will be awarded.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Oxygen, NBC Universal, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to 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 prize, including express warranties provided exclusively by any prize supplier that are sent along with prize; (c) if selected as a Winner, to the posting of such entrant's name on www.oxgyen.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. 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. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winner in a random drawing from among all eligible, non-suspect entries received at the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.oxygen.com. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: 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.
ENTRANTS' PERSONAL INFORMATION: Information collected from entrants is subject to the Oxygen Privacy Policy (http://www.oxygen.com/legal/privacyPolicy.aspx).
WINNER'S NAME: For the name of the Winner, send a self-addressed, stamped envelope no later than January 31, 2009 to Oxygen's Party with a Top Model Sweepstakes Winner Announcement c/o Oxygen Consumer Marketing, 75 Ninth Avenue, 7th Floor, New York, NY 10011.