Rules for Allbirds Giveaway
Posted on Nov 20, 2023 | 04:05pm
The Talk: Must Have Giveaway
NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS OPEN TO REGISTERED USERS OF FACEBOOK WHO ARE FOLLOWERS OF THE TALK ACCOUNT ON FACEBOOK. LEGAL RESIDENTS OF THE UNITED STATES, AND AT LEAST EIGHTEEN (18) YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, AT DATE OF ENTRY INTO A SWEEPSTAKES. THIS SWEEPSTAKES IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
Sponsor & Administrator: CBS Interactive Inc. ("CBSI"), 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.
Prize Provider: Allbirds, Inc. (“Allbirds, Inc”), 730 Montgomery St. San Francisco, CA 94111
Sweepstakes Entities: CBSI, CBS Broadcasting Inc. ("CBS") and Allbirds, Inc.
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY FACEBOOK. Data rates may apply when participating, see below for details.
1. Acceptance of Official Rules: By entering the Talk: Must Have Giveaway (the "Sweepstakes"), connected to the CBS TV show titled The Talk ("the Show") which is operated via The Talk Fan Page, accessible at the domain "www.Facebook.com/thetalkcbs" (the "Facebook Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes (as defined below), and the decisions of the Administrator in connection with this 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 this Sweepstakes via any of those devices during the Promotional Period (as defined below). If you choose to enter via wireless device, you may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier.
2. Eligibility. The Sweepstakes is offered and open to persons who are: (a) Registered Users of the Facebook Service; (b) followers of The Talk Fan page on the Facebook Service; (c) legal residents of the United States; and (d) at least 18 years old or age of majority, whichever is older in state of residence, at the date of entry into this Sweepstakes. Employees, directors, and immediate family members of the Sweepstakes Entities and their parents, and affiliated and subsidiary companies are not eligible to participate in this Sweepstakes. For purpose of the foregoing, "immediate family" is defined as parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void in Puerto Rico, all U.S. territories and possessions and where prohibited by law. For purposes of these Official Rules, "Registered User(s)" means a person that has successfully completed the registration form and has obtained a user identification ("ID") and associated password ("Password") on the Facebook Service; there is no fee associated with becoming a Facebook Service registrant and/or The Talk follower.
3. Promotional Period: The Sweepstakes begins on November 20, 2023 at 12:00:00 PM Pacific Time (“PT”) and ends at 11:59:00 AM PT on November 21, 2023 (the "Promotion Period").
4. Entering the Sweepstakes. To enter the Sweepstakes, if not already, (a) become a Registered User (as specified above); (b) become a follower of The Talk account on Facebook; (c) comment on the post related to the Sweepstakes during the Sweepstakes Period and you will receive an entry into the Sweepstakes. Limit of one (1) entry per person. Users who exceed the limit may be disqualified at Sponsor's sole discretion. If any changes occur and they affect the Sweepstakes, including without limitation, the need to cancel the Sweepstakes, such changes will be posted on The Talk fan page found at http://www.Facebook.com/thetalkcbs on the Facebook Service.
5. Prize: The Sweepstakes shall award one (1) grand prize (the “Grand Prize”) that consists of a $150 gift certificate to be redeemed at https://allbirds.com. The approximate retail value of the Grand Prize is One Hundred Fifty Dollars (US$150.00).
6. Prize Restrictions: Gift certificate valid from 11/28/23 - 5/31/24. Certain terms and conditions may apply on certificate and will be furnished upon prize claim. 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 or part of 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/Drawing/Winner Notification: The Prize will be awarded by random drawing. Odds of winning the Prize depends on the number of eligible entries received during the Promotion Period. The random Prize drawing will take place on or around November 21, 2023, after the conclusion on the Promotion Period. The Prize drawing will be conducted by Administrator, whose decisions are final and binding in all respects. Potential Prize winner (the "Winner") will be notified by Administrator, via a message to their Facebook Service account. Potential Winner will be asked to provide their personal information, such as their name, physical address, date of birth and phone number in order to confirm eligibility with these Official Rules. Administrator will select up to two (2) alternate Winners. If no contact has been made with an alternate after a reasonable effort has been made, such Prize shall not be awarded. Unclaimed Prizes will not be awarded.
8. Prize Taxes: All federal, state, local and other tax obligations arising from this Sweepstakes, including, without limitation, winning the Prize, will be the sole responsibility of the Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release: Winner may be required to complete, execute, and return an Affidavit of Eligibility/Liability Release and a W-9 tax form (where applicable), 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 a Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules.
10. Publicity Release Terms: Except where prohibited by law, a Winner's acceptance of the Prize constitutes permission for the Sweepstakes Entities to use a 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 Sweepstakes, and refuse to award the Prize or any part of the Prize, if a Winner engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. 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 Sweepstakes. Winner agrees that Administrator may void any part of the Prize that the Winner may have won and/or require the return of any part of a Prize a Winner may have won as a result of such improper conduct. Winner further acknowledge(s) that any forfeiture of the Prize and/or return of the 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 SWEEPSTAKES 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 Sweepstakes: If, for any reason, the Sweepstakes 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 Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and not award a Prize or select a Winner 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 Sweepstakes, 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 this Sweepstakes.
14. Damaged Property: 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, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes 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 Sweepstakes; (b) in any related advertising or promotions of this 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 Sweepstakes.
16. Prize and Prize Winner: 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 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 Sweepstakes.
17. Release and Indemnity: Each entrant in this Sweepstakes, including, without limitation, the Winner, 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 Sweepstakes and participation in any activity related to this Sweepstakes.
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 SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. 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 SWEEPSTAKES AND THE PRIZE 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 or wireless phone number, the winning entry will be declared made by the Authorized Account Holder of the email address and/or phone number submitted at time of registration into Facebook and/or entry into a Sweepstakes. 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 Sweepstakes. Any controversy or claim, arising out of, or relating to, these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS. 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 California, in the City of San Francisco and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22.Governing Law and Jurisdiction: This Sweepstakes is governed by U.S. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, 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 California, in the City of San Francisco.
23. Winner List/Official Rules: For the name of the Winner send a self-addressed stamped envelope for receipt December 15, 2023 to “Winner's list: The Talk: Must Have Giveaway - Allbirds" 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: Must Have Giveaway - Allbirds" for receipt by December 15, 2023; residents from VT may omit postage on the self-addressed envelope. The full name of the Winner may be posted, and the Official Rules will be posted on the CBS.com Service.