Official Sweepstakes Rules
1. Application to Sweepstakes. These Official Rules apply to every sweepstakes held by OC Media Holdings LLC, an Arkansas limited liability company d/b/a "OneCountry" ("OneCountry"). However, specific sweepstakes may have specific rules. In such cases, OneCountry will publish such specific rules on the page for such sweepstakes. Where those rules differ from these rules, those specific rules will control unless a rule in these Official Rules is expressly provided herein to control (in which case such specific rule herein shall control over the specific rules on the page for such sweepstakes).
2. No Purchase Necessary. NO PURCHASE IS NECESSARY TO ENTER ANY SWEEPSTAKES. THE SWEEPSTAKES, ENTRIES ARE VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
3. Methods of Entering a Sweepstakes. OneCountry offers various ways to enter a sweepstakes:
(a) By subscribing to Discount Packages and Exclusive Content. To subscribe, visit onecountry.com,
(b) By utilizing the alternate free entry method. Go to the page for the sweepstakes you wish to enter and scroll down to the bottom of that page, then click on the "alternate entry method" link and fill out the form before the sweepstakes deadline. You will get a certain number of entries based on the conversion described in these Official Rules or expressly and specifically for that sweepstakes (in the event the sweepstakes specifically provides a conversion, that conversion shall be the one used).
4. Contribution-Based Entry Versus Free Entry. Unless otherwise expressly provided in this specific sweepstakes, each entry using the alternate free entry method is automatically assigned the maximum of 200 entries to the applicable sweepstakes each day one enters (equivalent to the entries you get when you purchase $20 worth of access to OneCountry content). Regardless of how you enter, including by contribution, the maximum number of entries for any one person is restricted to 1,000,000 per person per sweepstakes.
5. Entry Eligibility.
(a) Contestants. Persons in any of the following categories are NOT eligible to participate or win prizes in a sweepstakes: any person who on or after February 25, 2019, was or is: (a) a director, officer, employee, agent, or independent contractor of OneCountry or any charity participating in a sweepstakes, or the applicable parent company, subsidiaries, affiliates or service agencies; or any entities retained by such person for the administration of the sweepstakes; (b) an individual engaged in the development, production or distribution of the sweepstakes materials or the prize supply for the sweepstakes; and (c) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or stepmother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories. Void where prohibited.
(b) Non-US Entries. Most sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia, and most countries around the world, but they are void in all countries on the United States list of embargoed countries, as well as in countries where local laws prohibit entry into sweepstakes. OneCountry also may have to limit certain sweepstakes to specific countries. If OneCountry does so, we publish that in special rules on that specific sweepstakes page.
(c) Eligibility Frequency Limits. From time to time OneCountry may set limitations on how frequently someone can be eligible to win more than one Major or Minor prize within a specified time period. In those cases, a "Major" prize is one that has an approximate retail value of Sixteen Hundred United States Dollars ($1,600.00 USD) or more. A "Minor" prize is one that has an approximate retail value less than Sixteen Hundred United States Dollars ($1,600.00 USD).
(d) Prize Limitations. Your country, state, principality or governing body may allow you to enter a sweepstakes but not allow you to receive the prize from winning such sweepstakes. It is your responsibility to review any specific restrictions before claiming that prize or entering such sweepstakes. OneCountry is not obligated to deliver a prize or allow your entry into a sweepstakes if such delivery or entry would violate applicable law or regulations.
In all cases, campaigns are void where prohibited by law.
6. Entry Window. The start and end date for each sweepstakes is listed on the page for that specific sweepstakes. Unless otherwise specified, entries for a sweepstakes are first accepted at 12:00:01 A.M. CST and not accepted after 11:59:59 P.M. CST on the days specified on the page for such sweepstakes.
7. Notification of Win. Within ten (10) business days of a sweepstakes closing, OneCountry will use an automated random drawing process, determined by OneCountry, to draw a potential winner for that sweepstakes. A confirmation process, which may include a background check, will then take place to ensure the potential winner meets the legal standards required. The winner and, if applicable, his or her guest(s) agree to cooperate fully with OneCountry in OneCountry conducting any background check(s), which includes providing information requested by OneCountry including, but not limited to, full legal names and addresses. If the prize of such sweepstakes includes meeting a celebrity, meeting a public figure, or attending a special event and any background check indicates, in OneCountry's sole discretion, that the potential winner or the potential winner's guest(s) pose a danger to or may harm the reputation of any person or entity involved in the sweepstakes, OneCountry may disqualify said winner and move on to the next randomly drawn potential winner. Pending a positive outcome of the confirmation process, a OneCountry representative will notify the potential winner via email and/or phone. The potential winner must respond within the time period designated in the notification (or otherwise within five (5) days of such attempt at notification by OneCountry if no time period is given in the notification), or OneCountry may, in its sole and absolute discretion, either (i) select another randomly drawn potential winner in accordance with this Section 7, or (ii) continue to attempt notification of the existing potential winner until such time as OneCountry makes successful contact with such existing potential winner or decides, in OneCountry's sole and absolute discretion, to select another randomly drawn potential winner in accordance with this Section 7. Before confirming a potential winner as the winner, OneCountry may require the potential winner to confirm their eligibility. Upon such confirmation, the potential winner and guest(s) must execute and return all required documents within the time frame specified by OneCountry. If you do not execute and return all required documents (which documents include the Vehicle Lease (defined herein) and/or Lease (defined herein) in cases in which Section 10 or 11 hereof applies) within the time frame specified by OneCountry, you will forfeit the prize and OneCountry will move on to another randomly drawn potential winner. Travel companions are also required to sign a liability/publicity release prior to issuance of tickets. Additionally, travel companions/guests of the winner may be subject to a background check, which may impact their ability to participate in the prize.
8. Prize Conditions. OneCountry describes each prize at the applicable sweepstakes page and in any special sweepstakes rules, including the approximate retail value for that prize. Some prizes have additional restrictions or conditions that will be posted on the sweepstakes page for such prize. For all travel prizes, the winner must travel on the dates and itinerary specified by OneCountry and all airfare is coach class and hotel accommodations are standard class, unless otherwise specified. Any meetings with celebrities are subject to security and background checks. For international travel, the winner is responsible for obtaining all necessary travel authorizations, visas, or other documentation. All other expenses are your responsibility. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. OneCountry is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to a prize or trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in your possession, will not be replaced. Winner and guest must travel on same itinerary. If you or your guest are, in our opinion or the opinion of our partners, obnoxious, threatening, abusive, or harassing before or during the trip or prize, OneCountry and its partners reserve the right to deny or terminate the trip or prize, in whole or in part, and move on to the next randomly drawn winner if the prize has not yet been delivered. Your guest must be of legal age of majority in his/her jurisdiction of residence, or your child or legal ward (unless otherwise approved by us). If you live within a one hundred (100) mile radius of the site where the prize is to be performed, OneCountry may provide ground transportation or a stipend for ground transportation instead. Additionally, any and all expenses not specified above, including, but not limited to, checked baggage fees, meals and gratuities, are the sole responsibility of the winner and the winner's guest(s). Prizes cannot be transferred or substituted, except OneCountry can substitute a prize of equal or greater value in OneCountry's discretion. Unless otherwise specified in the special sweepstakes rules, in the event that a portion of a prize goes unused, it may not be substituted, transferred, or redeemed for cash. You will be responsible for any taxes resulting from winning or entering into a sweepstakes. Upon your written request to [email protected], OneCountry will give you a Form W-9 to verify OneCountry's tax identification number. All winners that receive a prize will be issued a Form 1099 to extent required by applicable law.
9. Prize Payout. Notwithstanding the specific rules on any sweepstakes page, OneCountry, in its sole and absolute discretion, may either (a) award the prize specified in such specific rules or (b) award a cash amount equal to the value of such prize. For purposes of this Section 9, the value of a prize shall be the value provided in the specific rules for such sweepstakes or, if no such value is stated, the fair market value of the prize as determined by OneCountry in its reasonable discretion. If a prize is awarded in cash pursuant to this Section 9, OneCountry may pay such cash amount in up to two hundred and forty (240) equal successive, monthly installments.
10. Award of any Vehicle. Notwithstanding the specific rules on any sweepstakes page, if any sweepstakes involves a motor vehicle as a prize, OneCountry, in its sole and absolute discretion, in addition to its options under Section 9 of these Official Rules, award the motor vehicle prize by directly or by causing OC Media Vehicle Leasing, an Arkansas limited liability company ("OC Leasing") to entering into a lease agreement for said motor vehicle within five (5) days upon receipt thereof from OneCountry, in the a form prepared by OneCountry in its reasonable discretion (each, a "Vehicle Lease"). If a winner of a motor vehicle declines or otherwise does not timely enter into a Vehicle Lease with OC Leasing, OneCountry may, in its sole and absolute discretion, deem such winner a nonresponding winner under Section 7 of these Official Rules and exercise its options under these Official Rules as a result. A winner who wins a motor vehicle in a sweepstakes subject to this Section 10 hereby acknowledges OneCountry's entire obligation to such winner with regard to such sweepstakes is to offer the Vehicle Lease for such motor vehicle to such winner. Notwithstanding the specific rules on any sweepstakes page, a sweepstakes involving a motor vehicle as a prize shall be limited to legal residents of the United States.
11. Award of any Real Property Interest. Notwithstanding the specific rules on any sweepstakes page, if any sweepstakes involves a real property interest (e.g., a house) as a prize, OneCountry, in its sole and absolute discretion, in addition to its options under Section 9 of these Official Rules, may award the real estate interest by offering or causing a subsidiary to offer a written lease agreement (the "Lease") having a term equal to the lesser of the remaining lifetime of the winner or the maximum duration allowed applicable law at the time such lease agreement is offered pursuant hereto. The Lease shall contain customary terms which shall include (i) a prohibition against the winner assigning the Lease or subletting any property subject to the Lease, (ii) material alteration of any property subject to the Lease without the landlord's prior written consent which may be withheld in the landlord's sole and absolute discretion, (iii) a covenant that winner will comply with all applicable law pertaining to the real property interest and the Lease, (iv) a covenant that the winner will subordinate the Lease to any lender(s) upon request of the landlord, (v) indemnification by the winner in favor of landlord and its affiliates for any act of tenant, tenant's guests or invitees or any damage or claim by any person as a result of the condition of the real property interest during the term of the Lease. If a winner of a real property interest declines or otherwise does not enter into a Lease within thirty (30) days of receiving such Lease as an offer from or on behalf of One Country, OneCountry may, in its sole and absolute discretion, deem such winner a nonresponding winner under Section 7 of these Official Rules and exercise its options under these Official Rules as a result. A winner who wins a motor vehicle in a sweepstakes subject to this Section 11 hereby acknowledges OneCountry's entire obligation to such winner with regard to such sweepstakes is to offer the Lease for such real property interest to such winner. Notwithstanding the specific rules on any sweepstakes page, a sweepstakes involving a real property interest as a prize shall be limited to legal residents of the United States.
13. Important Legal Terms. The sweepstakes prize providers involved in the sweepstakes and the persons providing prizes (collectively, the "Released Parties") are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/website/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. By entering sweepstakes, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of OneCountry, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with that sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with your participation in a sweepstakes (including any sweepstakes prize). In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses.
14. Venue and Damages. All disputes and disagreements between us will be governed by laws of the State of Arkansas and you agree to bring any and all claims against us only in the Federal and State courts located in Washington County, Arkansas. You also agree that unless you are prohibited from law in doing so, you promise you will individually bring any and all disputes, claims and causes of action against OneCountry, without resort to any form of class action. Finally, unless the law prohibits you from doing so, you agree to waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.
15. Transfer. The transfer of status as a winner of a sweepstakes by an ineligible person to an eligible person is strictly prohibited.
16. General Conditions. By participating in a sweepstakes, each participant agrees to abide by and be bound by these Official Rules and the decisions of OneCountry. All such decisions shall be final, binding and non-appealable. Prizes and sweepstakes wins are non-assignable and non-transferable. Unless expressly provided in the specific page rules of a sweepstakes or in these Official Rules, no prize substitutions or cash redemptions of any prize or any portion thereof is allowed, offered or available. OneCountry reserves the right in its sole discretion to substitute any prize or portion thereof of equal or greater value if any prize or portion thereof is unavailable for any reason. Details of prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of OneCountry. Each sweepstakes participant grants OneCountry the irrevocable, unrestricted worldwide right to use, publish, display, broadcast and distribute materials bearing such participant's name, voice, image, likeness and/or any other identifiable representation of such participant, including, but not limited to, statements attributable to such participant ("Participant's Likeness"). Each participant agrees that all materials containing such Participant's Likeness shall be and remain the sole and exclusive property of OneCountry, and such participant hereby assigns any and all rights in or to such material to OneCountry and releases and forever discharges OneCountry from any and all claims, liabilities and damages relating to the use of Participant's Likeness. Participant hereby waives any and all rights to inspect or approve OneCountry's use of the submission or Participant's Likeness, or any part or element thereof. Prize winner shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. By participating in a sweepstakes, each participant agrees that OneCountry, its parent company, subsidiaries, affiliates, franchisees, local advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (the "Sweepstakes Entities") shall not be responsible or liable for: (a) miscommunications, printing errors, clerical, typographical or other error in any sweepstakes materials or printed copy or artwork, or any prize offering announcement; (b) any errors of any kind, whether human, mechanical, clerical, electronic, digital or technical in nature, or unauthorized human intervention; or (c) any losses, damages or injuries of any kind, including but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in any sweepstakes or from acceptance, receipt, possession and/or use or misuse of a prize, including from the posting or publication of any information or portion thereof online or in any media. All sweepstakes is subject to all applicable federal, state and local laws and regulations. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.
17. Prize Conditions. Any and all costs, fees, and expenses not expressly stated in the prize description are the sole responsibility of the prize winner. Any difference between the approximate retail value and the actual value will not be awarded.
(a) Disqualification. It is the participant's responsibility to ensure compliance in all respects with these Official Rules. OneCountry reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry processes or the operation of any and all sweepstakes; acts in violation of these Official Rules; or acts with the intent to disrupt or undermine the legitimate operation of the sweepstakes, or to annoy, abuse, threaten or harass any other person. OneCountry reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
(b) Force Majeure. OneCountry reserves the right, without prior notice and at any time, to terminate a sweepstakes, in whole or in part, or modify or suspend a sweepstakes, or any portion thereof, in any way, if it determines, in its sole discretion, that the sweepstakes is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the sweepstakes. In the event OneCountry is prevented from continuing with a sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within OneCountry's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, OneCountry shall have the right to modify, suspend, or terminate the sweepstakes. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing, production, or human errors, or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances.
(c) Invalidity. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of OneCountry. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and these Official Rules, these Official Rules shall prevail, govern and control.
(d) Language. In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules and/or of any sweepstakes materials, the English version shall prevail, govern and control.
(e) Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant or OneCountry in connection with any sweepstakes, shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
(f) Arbitration Disclosure. By participating in a sweepstakes, each participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) such participant may have against OneCountry, its members, managers, officers, owners, representatives and/or agents, arising out of, relating to, or connected in any way with the sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for the participant), or at such other location as may be mutually agreed by the participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the participant may have entered into in connection with the particular sweepstakes; (5) the arbitrator shall apply Arkansas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as participant hereby waives the right to assert claims in any class or representative action; arbitration can thus decide only the participant's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the participant or OneCountry; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against OneCountry exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, OneCountry agrees to pay them and/or forward them on the participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, OneCountry will pay as much of the participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, participants may visit the AAA Website at http://www.adr.org.