2010 NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. PROMOTION PERIOD: Healthy New Year Sweepstakes (the “Sweepstakes”) begins at 6:00:01am Eastern Time (“ET”) on January 18, 2010 and ends at 8:59:59pm ET on January 21, 2010 (the “Promotion Period”). All entries must be received during the Promotion Period. The Sponsor’s computer is the official time keeping device for this Sweepstakes. 2. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and District of Columbia (excluding California) who are at least eighteen (18) years of age or older as of the date of entry. Subject to all applicable federal, state, and local laws and regulations. Void in California where prohibited or restricted by law. Individuals who have won a prize from the Administrator within one hundred eighty (180) days prior to the start date of this Sweepstakes are not eligible. Employees of Nu-Opp, Inc. (the “Sponsor”), Steve Harvey Radio Network, Inc. (the “Administrator”), Sears Holdings Corporation, Premiere Radio Networks, Inc. (the “Prize Provider”), and The Steve Harvey Morning Show (the “Radio Show”) (collectively, the “Sweepstakes Entities”), each radio station contracted to broadcast the Radio Show, and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, agents and advertising agencies, as well as members of the immediate family of any such employees, are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Entries limited to one (1) entry per participant. Multiple participants are not allowed to use the same email address. Any attempt by a participant to acquire more than one (1) entry by using numerous email addresses, registrations, identities, or any other methods will void that participant’s entries and that participant may be disqualified. The use of automated software or computer programs to register or enter the Sweepstakes is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. In the event of a dispute, the authorized account holder of the email address used to enter will be deemed to be the participant. The authorized account holder is the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses. Sweepstakes winners will be selected from online entries only. One (1) prize per household. The Sponsor will not verify receipt of entries. By entering, participants acknowledge compliance with the Official Rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the participant. 4. PRIZE DRAWING(S): A random drawing will be conducted by the Radio Show on or about each weekday between January 19, 2010 and January 22, 2010 between 6:00am ET and 10:00am ET (the “Daily Drawing(s)”) from among all eligible entries received by 8:59:59pm ET the preceding day. Three (3) or more participants will be randomly selected at the Radio Show’s sole discretion for each Daily Drawing, and the participants may be eligible to have their names announced on-air. Listen to your local affiliate radio station broadcasting the Radio Show live and if your name is announced on-air by the Radio Show from a Daily Drawing, you will have thirty (30) minutes to call the Radio Show’s contest line at 1-877-297-8383 to win and verify your Fan Club information. If an announced participant does not call within thirty (30) minutes, the participant will automatically be disqualified and the name of the next participant selected in the random drawing will be announced and that participant will have thirty (30) minutes to call. The process will be repeated until the Prize (as defined below) is awarded to the winner or until the names of the randomly selected participants in the list have been announced. If no one calls, the Prize will carry over to the next weekday, and the random drawing process will begin again the same way, at the Administrator and Radio Show’s discretion. Odds of winning depend upon the number of eligible entries received per Daily Drawing. Non-winning entries will be carried over to into subsequent Daily Drawings. Winners agree to be bound by these Official Rules and the decisions of the Administrator and Radio Show, whose decisions are final on all matters relating to this Sweepstakes. 5. PRIZE(S): FOUR (4) PRIZES; One (1) Marcy Recumbent Bike (model #ME-709) (Approximate Retail Value: $179.99 each). The total Approximate Retail Value of all prizes is $719.96. Any accessories, upgrades, and any and all other expenses not specifically mentioned herein are the sole responsibility of each winner. Sponsor reserves the right to substitute any portion of this prize for a prize of equal or greater value. No transfer, assignment, change of the prize, or cash substitution is permitted. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of each winner. 6. RELEASE FORMS: Winner(s) will be notified by telephone, mail and/or email within five (5) days after each Daily Drawing and will be given five (5) days to confirm receipt if notified by email. If a winner cannot be contacted from the information provided on the online entry form, the Sponsor reserves the right to randomly select another winner at its sole discretion. Winner(s) (or parent/legal guardian if winner is deemed a minor in his/her state of residence) will be required to complete and return an Affidavit of Eligibility/Liability Release (including, unless prohibited by law, a Publicity Release) (the “Affidavit”) within fourteen (14) days of notification via mail or email. A parent or legal guardian of any participant who is a minor must sign a release on behalf of the minor for the minor to be eligible to receive a prize. A prize won by a minor may be awarded to the minor’s parent or legal guardian in the Sponsor’s sole discretion. Winner(s) will be subject to a verification process, to include winner’s name, address, home phone number, work/cell phone number, and social security number or taxpayer identification number. Failure to return the executed Affidavit within that time may result in forfeiture of prize and random selection of alternate winner from remaining eligible entries. The Sweepstakes Entities are not liable if prize notification letter is lost in the mail or returned as undeliverable when delivery is attempted by regular mail or email is not responded to within the time allowed. 7. TELEPHONE AND DELIVERY DISCLAIMER: If a sweepstakes is a call in to win sweepstakes and/or a telephone is needed to participate in the Sweepstakes, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Sweepstakes. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Sweepstakes Entities disclaim all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sweepstakes Entities’ control, or otherwise. The Sweepstakes Entities disclaim all liability for the inability of a participant to complete an online entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond their control, or otherwise. The Sweepstakes Entities disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method. The Sweepstakes Entities are not responsible for human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: any form of active or passive filtering, insufficient space in participant’s e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an online participant's ability to participate in the Sweepstakes, and any injury or damage to participant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. No mechanically reproduced entries or facsimiles will be accepted. Entries void if incomplete, defective, altered, forged, illegible, or received outside authorized channels. 8. PUBLICITY; USE OF PERSONAL INFORMATION: By participating, unless prohibited by law, all participants and winner(s) grant the Sweepstakes Entities exclusive permission to use their names, characters, photographs, voices, video, likenesses, and biographical information in connection with promotion of this and other sweepstakes and waive any claims to royalty, right, or remuneration for such use. By participating in the Sweepstakes, unless prohibited by law, participants agree that the Sponsor may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes. 9. TAXES: Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Winner(s) are solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. Winner(s) must provide the Sponsor with valid identification, a valid taxpayer identification number or social security number, and a completed IRS W-9 form before any prize will be awarded. Any person winning over six hundred dollars ($600.00) in prizes from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. 10. CONDUCT AND DECISIONS: By participating in the Sweepstakes, participants agree to be bound by the decisions of Sponsor personnel. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Sponsor, the Sponsor reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the Sponsor deems appropriate. All decisions will be made by the Sponsor and are final. The Sponsor may waive any of these rules in its sole discretion. Any attempt by a participant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. 11. RELEASE: Participants release the Sweepstakes Entities, each radio station contracted to broadcast the Radio Show, and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, employees, agents and advertising agencies and all others associated with the development and execution of the Sweepstakes, from and against any and all liability with respect to or in any way arising from this Sweepstakes and the awarding and use of the prize, including without limitation liability for death, personal injury and/or disability. 12. MISCELLANEOUS: Winner(s) must submit proof of eligibility and sign the Sponsor’s Affidavit to claim the prize. The Sponsor may substitute prizes, as well as extend, modify, or discontinue the Sweepstakes at any time without prior notice. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes, or in the announcement of the Sweepstakes prizes. All entries and information become property of the Sponsor and will not be returned. 13. WINNER LIST: For a winner list, send a stamped, self-addressed envelope no later than March 26, 2010 to: The Steve Harvey Morning Show Healthy New Year Sweepstakes, 3565 Piedmont Road N.E., Building 3, Suite 105, Atlanta, GA 30305. Vermont residents only may omit return postage. 14. JURISDICTION: These Official Rules shall be governed by and construed in accordance with the laws of the State of Georgia. Venue and jurisdiction for any claims associated in any way with these rules shall only be proper in the State of Georgia. 15. SPONSOR: Nu-Opp, Inc., 3565 Piedmont Road N.E., Building 3, Suite 105, Atlanta, GA 30305. |