NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. PARTICIPANTS MUST BE LEGAL RESIDENTS OF ONE OF THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, OR OLDER ON DATE OF ENTRY INTO SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. IF YOU ARE ACCESSING THIS SWEEPSTAKES VIA YOUR WIRELESS DEVICE, DATA RATES MAY APPLY.
Sponsor, Administrator, Prize Provider: CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.
Sweepstakes Entities: CBS Interactive Inc. ("CBSI") and CBS Broadcasting Inc. ("CBS")
1. Acceptance of Official Rules: By entering The Talk Giveaway (the "Promotion"), connected to the CBS TV show titled The Talk ("the Show") and operated on the CBSI Web site accessible at the domain cbs.com (the "CBS Service"), you hereby accept and agree to these official rules (the "Official Rules") of these Sweepstakes (as define below), and the decisions of the Administrator in connection with the Sweepstakes, whose decisions are final.
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you to access this Sweepstakes, you may also enter the Sweepstakes via any of those devices during the Promotional Period (as defined below). You may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Sweepstakes. Mobile and wireless service is offered on an 'as is' basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Your wireless service carrier may change or discontinue your service, may charge you additional amounts at any time by giving you prior notice and/or it may discontinue service if you disagree to additional charges.2. Eligibility: This Promotion is offered and open to persons who are: (a) Registered Users; (b) legal residents of one (1) of the United States and (c) at least 18 or age of majority (whichever is older in state of residence) or older on date of entry into a Sweepstakes. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in the Promotion. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. The Promotion is void in Puerto Rico, all US Territories and Possessions, outside of the U.S. and where prohibited by law.
3. Promotional Period: The Promotion begins on November 24, 2104 at 2:00:00 PM ET and ends at 11:59:59 AM Eastern Time (ET) on December 1, 2014, (the "Promotional Period"). Administrator is the official timekeeper of the Sweepstakes. The Promotional Period is divided into up to five (5) separate daily Sweepstakes (each, a "Sweepstakes"). Each Sweepstakes entry period begins at 2:00 PM ET and ends at 11:59:59 AM ET the following day with the exception of the last entry period which begins on Friday, November 28, 2014 and ends at 11:59:59 AM ET on December 1, 2014 (the "Sweepstakes Entry Period").
4. Entering: To enter participants need to go to the Promotion page accessible at http://www.cbs.com/the_talk on the CBSI Service during the Promotion Period and follow the instructions to complete the Sweepstakes entry form, including, without limitation, submitting your valid e-mail address and Password, hit the submit button and you will receive an entry into this Sweepstakes. If you are not a Registered User you may become a Registered User by completing the registration form where it says Register Now. There is no fee or charge to become a Registered User. Limit one entry per person per prize during a Sweepstakes Entry Period.
5. Prizes: Each Sweepstakes shall award up to fifty (50) prizes (each, a Prize collectively, "the Prizes") that will consist of either whatever Prize or offer is given away live to the studio audience during the Show broadcast on the day of the Sweepstakes or a Prize (if any) to be decided by the Administrator, in its sole and exclusive discretion. Up to fifty (50) Prize winners will each receive one Prize. In the event that there is no Prize or offer given away live to the studio audience on a specific day, due to the Show or any segment of the Show being preempted or cancelled, broadcast shifts or otherwise, entries received (if any) for the applicable Sweepstakes will be rolled over into the next subsequent Sweepstakes drawing. Maximum approximate retail value of the Prizes to be awarded in each Sweepstakes shall not exceed Five Thousand Dollars ($5,000.00). Limit one Prize per person for the duration of the Promotion. Certain terms and restrictions may apply on Prizes and will be furnished upon delivery of Prize. The awarding of a specific Prize(s), to a winner, to be decided by administrator, whose decisions is final, in all respects.
6. Prize Restrictions: No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Administrator reserves the right to substitute the Prize with a Prize of comparable or greater value should the Prize become unavailable. Prize is solely for Prize winner's use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of the Prize winner. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawings/Winner Notification: Prizes will be awarded by random drawing. Odds of winning a Prize depends on the number of eligible entries received during the Promotion Period. The random Prize drawings will take place on or around December 2, 2014. The Prize drawings will be conducted by Administrator, whose decisions are final and binding in all respects. Potential Prize Winners will be cleared based on the information on file. Prizes may take up to 6 - 8 weeks to be delivered. Returned and/or unclaimed prizes will not be awarded.
8. Prize Taxes: All federal, state, local and other tax obligations arising from this Promotion, including, without limitation, winning a Prize, will be the sole responsibility of each Prize winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release: Prize winner may be required to complete, execute, and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, "the Release Forms") within five (5) days of notification of winning. Failure to return Release Forms timely, or if Prize notification or the Prize is returned as non-deliverable, or if Prize winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize winner selected in accordance with these Official Rules.
10. Publicity Release Terms: Except where prohibited by law, a Prize winner's acceptance of the Prize constitutes permission for the Sweepstakes Entities to use a Prize winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct: Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Promotion, and refuse to award a Prize or any part of a Prize, if Prize winner engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Promotion or detrimental to other entrants of the Promotion. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Promotion. Prize winners agree that Administrator may void any part of a Prize that Prize winner may have won and/or require the return of any part of a Prize that Prize winner may have won as a result of such improper conduct. Prize winner further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Promotion: If, for any reason, the Promotion is not capable of running as planned by reason of the Show or any segment of the Show being preempted or cancelled, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Promotion and not award the Prize(s) or select the Prize winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
13. Lost or Corrupted Entries: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Promotion, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Promotion.
14. Damaged Property: Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Promotion or downloading materials from this Promotion.
15. Promotion Errors: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Promotion; (b) in any Sweepstakes; (c) in any related advertising or promotions of this Promotion and/or any Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Promotion.
16. Prizes and Prize Winners: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you/entrant hereby forever waives any rights to any claim in connection with, the selection and announcement of a Prize winner, the distribution of a Prize, the acceptance/possession and/or use/ misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Promotion.
17. Release and Indemnity: Each entrant in this Promotion, including, without limitation, the Prize winners, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Promotion and participation in any activity related to this Promotion.
18. Limitation of Liability: IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties: THE PROMOTION AND THE PRIZES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Identity Disputes: In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" 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.
21. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction: This Promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
23. Winner List/Official Rules: For the name of the Prize winners send a self addressed stamped envelope for receipt December 15, 2014 to Winner's list "The Talk Sweepstakes, Season 5 Week 12" c/o CBS Interactive Inc., 1401 W. Cypress Creek Rd., Suite 200, Fort Lauderdale, FL 33309. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: The Talk Sweepstakes Season 5 Week 12" for receipt by December 15, 2014; residents from VT may omit postage on the self addressed envelope. The full name of the Prize winners may be posted and the Official Rules will be posted on the CBSI Service.