How To Oxygen Social Sweepstakes

Official Rules

December 3, 2019 - December 17, 2019

PRELIMINARY INFORMATION:  No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The How To Oxygen Social Sweepstakes (“Sweepstakes”) will begin on December 3, 2019 at 12:00 A.M. ET and end on December 17, 2019 at 11:59 P.M. ET (“Sweepstakes Period”).  All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received.  Sweepstakes is subject to all applicable federal, state and local laws.  PRIZE (DEFINED BELOW) DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION BEYOND THAT SPECIFIED BELOW.

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residenceas of the start of the Sweepstakes Period.  Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes.  Sweepstakes Entities, as referenced herein, shall include Oxygen Media, LLC and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.

TO ENTER:  As part of your Entry (as defined below), you will be required to submit a photo (“Photo”) on the following theme: “How You Watch Oxygen” (i.e. on your TV, mobile app, etc.), tweeting a Photo of yourself watching an Oxygen show. Photo must have been taken by you, and you must have permission of any person who appears or is identified in the Photo. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Professional Photos and Photos with watermarks are not eligible. 

During the Sweepstakes Period, go to www.twitter.com (the “Twitter Website”), and (1) if you already have a Twitter account, log on using your Twitter user name and password, then become a follower of @Oxygen by searching for “Oxygen”, clicking on the Oxygen icon and then clicking the “Follow” button, or (2) if you do not already have a Twitter account, create a free Twitter account according to the instructions on the Twitter Website and follow @Oxygen as indicated in (1) above. You must follow @Oxygen throughout the Sweepstakes Period and for at least fifteen (15) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. You may unfollow @Oxygen after the fifteen (15) day notification period. Please note that you must agree to comply with the Twitter Terms of Use in order to create a Twitter account. Once you become a follower of @Oxygen, you will be required to submit your Photo and the Hashtag “#HowToOxygenSweepstakes” and @username “@Oxygen” (the “Entry”). Your Entry must include “#HowToOxygenSweepstakes and “@Oxygen” or your Entry will not be valid.  If your Twitter profile is set to the “Protect my Tweets” setting, your Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. If you choose to submit a Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.

All Entries become the property of Sponsors and will not be acknowledged or returned.

By entering the Sweepstakes, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Photo and to incorporate the Photo in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval.  Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.  If any Photo contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Photo does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Photo (and related Entry) may be rejected as ineligible for consideration and/or deleted from the Oxygen Twitter page.  If the use of the Photo incurs excessive fees, including but not limited to Guild payments, Sponsors reserve the right to disqualify such Photo (and the related Entry).  Entries must comply with all applicable laws, rules, and regulations. 

Sponsors may choose to broadcast on-air and/or display online at https://www.oxygen.com/ (the “Website”) a selection of entrants’ Photos, as determined by Sponsors in their sole discretion.  By entering the Sweepstakes, each entrant agrees to the posting of such entrant’s name and Entry on the Website and/or on Oxygen’s social media pages, including but not limited to Twitter, Instagram, Vine, and Facebook. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit Entries.

Limit one (1) Entry per person during the Sweepstakes Period.  Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before December 17, 2019 at 11:59 PM ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes.  Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account will be deemed to be the entrant. “Authorized account holder” of a Twitter account is defined as the person assigned to the Twitter account by Twitter. 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 in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. 

WINNER SELECTION AND NOTIFICATION: On or about December 20, 2019, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winner via direct message to the Twitter account used for the Photo. Sponsors may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. 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 five (5) days of such notification.  Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize or Prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.

PRIZE:  There will be one (1) prize (“Prize”) awarded. Prize will consist of the following: one (1) trip (“Trip”) for Winner and one (1) guest (“Guest”) to CrimeCon 2020 in Orlando, Florida.

Trip includes round trip airfare and/or ground transportation for Winner and Guest from a major commercial airport or other location near Winner’s residence (as determined by Sponsors in their sole discretion) to Orlando, Florida; two (2) night hotel accommodations for Winner and Guest in one (1) standard/double occupancy room (room and tax only) at Orlando World Center Marriot (“Hotel”); and two (2) standard tickets for Winner and Guest to CrimeCon, scheduled to take place from May 1, 2020 through May 3, 2020 in Orlando, Florida (“Event”).  Details of Prize, including dates, times and location of Trip and/or Event, to be determined by Sponsors in their sole discretion. Prize is subject to certain additional terms and conditions as specified by issuer. Additional restrictions may apply. PRIZE DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION BEYOND THAT SPECIFIED ABOVE.  Guest, if any, must be eighteen (18) years of age or older as of the date of Prize redemption.

Estimated Retail Value (“ERV”) of Prize is two thousand two hundred thirty-seven dollars ($2,237). Actual Retail Value (“ARV”) of Prize may vary.  If Prize includes a Trip, ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure.  Any difference between ERV and ARV will not be awarded.  For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.

All details of Prize will be determined by Sponsors in their sole discretion.  Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. 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 within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion. 

Winner must be able to travel May 1, 2020 through May 3, 2020 (or on such other dates designated by Sponsors in their sole discretion) or Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and blackout dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence.  Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates.  Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip.  Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay.  Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.  All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.

Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change.  Event is subject to cancellation. Winner and Guest, if any, must comply with all applicable Hotel and venue rules and regulations in connection with Prize. If Winner chooses to attend the Event with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited.  Guest, if any, must be eighteen (18) years of age or older as of the date of Prize redemption.

CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Twitter, and each of their respective officers, directors, and employees (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 (including any travel related thereto); (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 Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name and/or Twitter user name on the Website and the use by Released Parties of such entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, 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 Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.

ADDITIONAL TERMS: Sponsors reserve 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 Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors 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 Sponsors (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. Sponsors reserve 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, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension.  Notice of such cancellation, modification, or suspension will be posted on the Website and/or Twitter Website.  Sponsors 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, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).   Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

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.

WINNER ANNOUNCEMENT: For the names of the Winner, available after January 2, 2020, or for an additional copy of these Official Rules, send a self-addressed, stamped envelope to be received by March 2, 2020 to: How To Oxygen Sweepstakes, Oxygen Media, ATTN: Christina Murphy, 30 Rockefeller Plaza, New York, NY 10112.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrants are providing information to Sponsors and not to Twitter.