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 THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, ON DATE OF ENTRY INTO THESE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. IF YOU ARE ACCESSING THIS PROMOTION USING 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., 51 West 52nd Street, New York, NY 10019 ("CBS").
1. Acceptance of Official Rules: By entering "The Talk Web Exclusive" 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 "CBSI Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Promotion, and the decisions of the Administrator in connection with the Promotion and Sweepstakes (as defined below), whose decisions are final.
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you access to the internet, 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 the United States; and (c) at least 18 or age of majority (whichever is older in state of residence) on date of entry into the 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 and/or Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. For purposes of these Official Rules, "Registered User(s)" means a person who has successfully completed the registration form by registering a valid e-mail and associated password ("Password") on the CBSI Service. There is no fee or charge to become a Registered User. Limit one entry per person per Sweepstakes Entry Period (as defined below). The Promotion and all Sweepstakes are 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 3, 2014 at 9:00 AM Eastern Time ("ET") and ends at 11:59:59 PM ET on February 1, 2015 (the "Promotional Period"). Administrator is the official timekeeper of the sweepstakes. The Promotional Period is divided into thirteen (13) separate weekly sweepstakes (each, a "Sweepstakes" and collectively, the "Sweepstakes"). Each Sweepstakes entry period begins on Mondays at 12:01 AM ET (with the exception of the first Sweepstakes entry period which begins at 9:00 AM ET) and ends on Sundays at 11:59:59 PM ET (each, a "Sweepstakes Entry Period") on the dates shown on the schedule below.
4. Entering: To enter participants need to go to the Sweepstakes page accessible at http://www.cbs.com/shows/the_talk/giveaways/ on the CBSI Service during the Promotional Period and follow the instructions to complete the Sweepstakes entry form, including, without limitation, submitting your valid e-mail address and password, then hit the submit button to receive an entry into the Sweepstakes.
Sweepstakes Entry Periods and Prize Drawing Schedule:
Week 1, Sweepstakes Entry Period begins on Monday, November 3, 2014 and ends Sunday, November 9, 2014. Drawing will be conducted on or around November 10, 2014.
Week 2, Sweepstakes Entry Period begins on Monday, November 10, 2014 and ends Sunday, November 16, 2014. Drawing will be conducted on or around November 17, 2014.
Week 3, Sweepstakes Entry Period begins on Monday, November 17, 2014 and ends Sunday, November 23, 2014. Drawing will be conducted on or around November 24, 2014.
Week 4, Sweepstakes Entry Period begins on Monday, November 24, 2014 and ends Sunday, November 30, 2014. Drawing will be conducted on or around December 1, 2014.
Week 5, Sweepstakes Entry Period begins on Monday, December 1, 2014 and ends Sunday, December 7, 2014. Drawing will be conducted on or around December 8, 2014.
Week 6, Sweepstakes Entry Period begins on Monday, December 8, 2014 and ends Sunday, December 14, 2014. Drawing will be conducted on or around December 15, 2014.
Week 7, Sweepstakes Entry Period begins on Monday, December 15, 2014 and ends Sunday, December 21, 2014. Drawing will be conducted on or around December 22, 2014.
Week 8, Sweepstakes Entry Period begins on Monday, December 22, 2014 and ends Sunday, December 28, 2014. Drawing will be conducted on or around December 29, 2014.
Week 9, Sweepstakes Entry Period begins on Monday, December 29, 2014 and ends Sunday, January 4, 2015. Drawing will be conducted on or around January 5, 2015.
Week 10, Sweepstakes Entry Period begins on Monday, January 5, 2015 and ends Sunday, January 11, 2015. Drawing will be conducted on or around January 12, 2015.
Week 11, Sweepstakes Entry Period begins on Monday, January 12, 2015 and ends Sunday, January 18, 2015. Drawing will be conducted on or around January 19, 2015.
Week 12, Sweepstakes Entry Period begins on Monday, January 19, 2015 and ends Sunday, January 25, 2015. Drawing will be conducted on or around January 26, 2015.
Week 13, Sweepstakes Entry Period begins on Monday, January 26, 2015 and ends Sunday, February 1, 2015. Drawing will be conducted on or around February 2, 2015.
5. Prizes: Each individual Sweepstakes shall award one (1) prize (each, a "Prize" and collectively, the "Prizes"). Prizes to be awarded for the Sweepstakes are as follows:
Week 1 Sweepstakes: one (1) Ugg Gift Certificate (Gift Certificate EXP 12-31-14) with an approximate retail value ("ARV") of One Hundred Ten Dollars (US$ $110.00).
Week 2 Sweepstakes: one (1) SpaWeek Gift Certificate (Gift Certificate EXP 1-1-15) with ARV of One Hundred Dollars (US $100.00).
Week 3 Sweepstakes: one (1) Nyne Royal Series Speaker (Bluetooth) with ARV of One Hundred Dollars (US$100.00).
Week 4 Sweepstakes: one (1) Philosophy Beauty Set with ARV of One Hundred Thirty Nine Dollars (US$139.00).
Week 5 Sweepstakes: one (1) Lug Gym Bag Gift Certificate (Gift Certificate EXP 3- 31-15) with ARV of One Hundred Thirteen Dollars (US$113.00).
Week 6 Sweepstakes: one (1) Flemings Restaurant Gift Certificate (Gift Certificate EXP 3-31-15) with ARV of One Hundred Dollars (US$100.00). (In the event a winner does not reside within a 40 mile radius of a Flemings Restaurant, Gift Certificate will be replaced with a prize of equal or greater value at Sponsor sole discretion).
Week 7 Sweepstakes: one (1) iHome Speaker with ARV of One Hundred Twenty Dollars (US$120.00).
Week 8 Sweepstakes: one (1) Guess Watch (pink) with ARV of One Hundred Dollars (US $100.00).Week 9 Sweepstakes: one (1) Kinara Facial product with ARV of One Hundred Forty Five Dollars (US $145.00).
Week 10 Sweepstakes: one (1) SkinCeuticals (Gift Certificate EXP 3-31-15) with ARV of One Hundred Sixty Dollars (US $160.00).
Week 11 Sweepstakes: one (1) Haute Headquarters Necklace (Gift Certificate EXP 3- 31-15) with ARV of One Hundred Dollars (US $100.00).
Week 12 Sweepstakes: one (1) Loxa Beauty Gift Certificate (Gift Certificate EXP 3 -31-15) with ARV of One Hundred Dollars (US $100.00).
Week 13 Sweepstakes: one (1) ProFlowers Gift Certificate (Gift certificate EXP 3- 31-15) with ARV of One Hundred Dollars (US $126.00).
6. Prize Restrictions: Certain terms and restrictions apply on gift certificates/gift cards and will be furnished upon prize claim. No assignment, transfer, conversion to cash or cash redemption or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a 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 each Prize winner. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawings/Winner Notification: Odds of winning a Prize depends on the number of eligible entries received during each Sweepstakes Entry Period. The Prize drawings will be conducted at random by Administrator on or about the dates on the Prize Drawing Schedule above, 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 two (2) days of notification of winning. Failure to return Release Forms timely, or if Prize notification or a 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 a 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 entrant 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. Winners agree that Administrator may void any part of a Prize that winner may have won and/or require the return of any part of a Prize that winner may have won as a result of such improper conduct. Winners further acknowledge 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 (d) 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.
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 February 15, 2015 to "Winner's list The Talk Web Exclusive Sweepstakes Season 5 (November 2014)" 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 Web Exclusive Sweepstakes (November 2014), Season 5" for receipt by February 15, 2015; 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.