Hey There, these are our Terms and Conditions

Instagram Sweepstakes Rules

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OFFICIAL SWEEPSTAKES RULES (“OFFICIAL RULES”). NO PURCHASE NECESSARY TO ENTER OR

WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. All federal, state and

local laws and regulations apply. Void where restricted or prohibited by law. Submitting an

entry constitutes your full and unconditional agreement to and acceptance of these Official

Rules and the decisions of the Sponsor, which shall be final and binding on all matters relating

to the Sweepstakes. 

Privacy Policy 

Website Terms and Conditions 

ELIGIBILITY: To enter the Sweepstakes, you must, at the time of entry, (i) be a legal citizen of

the 48 contiguous United States or the District of Columbia, (ii) be 18 years of age or older, (iii)

be physically located in the 48 contiguous United States or the District of Columbia, and (iv)

have Internet access. Sweepstakes is void in Alaska, Hawaii, all areas outside of the 48

contiguous United States and the District of Columbia, and where prohibited by law. The

Sweepstakes and any websites, webpages, and advertisements relating thereto are intended

for viewing only within the United States. Entries received from persons residing outside of the

eligible geographic areas, or where restricted or prohibited by law will be disqualified.

Employees, officers, and directors of Talk Forty To Me Podcast, LLC. (“Sponsor”), its advertising

and promotion agencies, and its immediate families (parents, siblings, children, and spouses of

each, regardless of where they live) and members of the households (whether related or not) of

such employees, officers, and directors, are ineligible to participate in this Sweepstakes.

HOW TO ENTER: To enter the Sweepstakes, you must have a INSTAGRAM account. If you

already have an INSTAGRAM account, sign into your account. If you are not an existing member

of INSTAGRAM you will be required to create an account. When you join INSTAGRAM you are

indicating that you have read and agree to accept INSTAGRAM Terms of Service and Privacy

Policy. Use of these third-party platforms are governed by these, and other, third party

agreements.

Sweepstakes begins at the time the post is posted to Sponsor’s account and ends at the time

specified in the post. If no time is specified, it will end exactly five (5) calendar days after the

time of posting. All times listed are in Central Time.

To enter, log into your INSTAGRAM account and follow the Entry Requirements detailed on the

indicated post. If any entry fails to comply with any of these Entry Requirements or any other

provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to

disqualify the entrant.

In the event of a dispute as to the identity of the entrant, the post will be considered made by

the authorized account owner of the INSTAGRAM account at the time the post was submitted.

“Authorized account owner” of an e-mail address is the natural person in whose name the e-

mail address has been issued. A selected winner may be asked to provide Sponsor with proof

that the selected winner is the registered owner of the said account. If a dispute cannot be

resolved, the Submission will be deemed ineligible. Use of automated devices not valid for

 

entry in the Sweepstakes. Sponsor may at its sole discretion disqualify anyone who violates the

Official Rules or undermines the integrity of the Sweepstakes by disabling cookies, using any

form of automatic entering, or any other form of manipulation.

SUBMISSION REQUIREMENTS: Once a comment is posted it cannot be changed, altered or

modified. The comment (a) may not contain any inappropriate language as solely determined

by the Sponsor, (b) may not infringe upon any third party’s rights, including but not limited to

copyright, patent or trademarks/tradenames/logos other than Sponsor, or rights of privacy or

publicity, or contain material that is or may be considered defamatory, slanderous or libelous,

or portray in a false light, and (c) may not violate any law, rule or regulation. Each entrant

warrants and represents that his/her comment complies with the conditions set forth in sub-

clauses (a) through (c) above. Non-complying Submissions will be subject to disqualification.

WINNER SELECTION AND NOTIFICATION: Sponsor will conduct a random drawing on the date

indicated in the INSTAGRAM post, from among all eligible entries received during the Entry

Period detailed in post to select the winner. Odds of winning a prize depends on the number of

eligible entries received during the Entry Period. Winner will be notified via the INSTAGRAM

account which the winner entered the Sweepstakes. Winner will have seven (7) days to

respond via the e-mail address provided with their name, shipping address, email address,

telephone number and birth date to confirm that they are 18 years of age or older. If any prize

notification or any prize is returned as undeliverable, the prize will be awarded to an alternate

winner. We do not ship to P.O. boxes. All notification requirements, as well as other

requirements within these Official Rules, will be enforced.

PRIZE: The prize(s) will be outlined in INSTAGRAM post, along with the Approximate Retail

Value (“ARV”) of each prize.

Only one prize per person and per household will be awarded. Gift cards and gift certificates

are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed

for cash, or substituted by winner. Sponsor reserves the right in its sole and absolute discretion

to award a substitute prize of equal or greater value if the prize described in these Official Rules

is unavailable or cannot be awarded, in whole or in part, for any reason. The Approximate

Retail Value (“ARV”) of the prize represents Sponsor's good faith determination. That

determination is final and binding and cannot be appealed. If the actual value of the prize turns

out to be less than the ARV, the difference will not be awarded in cash. Restrictions, conditions,

and limitations may apply. Sponsor will not replace any lost or stolen prize items.

This Sweepstakes is open to legal residents of Eligible Locations and Prize will only be awarded

and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees,

and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official

Rules will result in forfeiture of the prize. Winner is also responsible for all costs associated with

any optional accessories ordered by winner.

 

REQUIREMENTS OF POTENTIAL WINNER: Potential winner will be required to complete and

return 1) an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) and 2)

an IRS Form W-9 and furnish his/her social security number that will be used only for the

purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required

by law within seven (7) days of being notified. If a potential winner fails to sign and return the

required documentation within the required time period, he/she will be disqualified, and an

alternate entrant may be selected in his/her place in a random drawing of all entries received.

RELEASE: By participating in the Sweepstakes, participants agree to release, discharge, and hold

harmless Sponsor from any and all injuries, liability, losses, and damages of any kind resulting

from participation in the Sweepstakes or acceptance, use, or misuse of any prize including,

without limitation, personal injury, death, and property damage.

TAXES: All federal, state, local, or other tax liabilities, including but not limited to income taxes

or like amounts in connection with a winner’s award, acceptance, or use of a prize arising from

this Sweepstakes will be the sole responsibility of each winner.

DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the

Official Rules, then such entrant will be disqualified. If a prize, prize documentation, or prize

notification is returned as undeliverable or unclaimed, this will result in disqualification. In the

event an entrant is deemed ineligible or disqualified for any reason under the provisions of the

Official Rules, then an alternate potential winner will be selected via a random drawing from

among all eligible entries received during the appropriate Entry Period, if time permits.

PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each

entrant by entering and the winner by accepting a Prize (defined above) grants to Sponsor and

Sponsor’s affiliates, legal representatives, assigns and licensees, all right, title and interest in

and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, e-

mail, city, state and biographical material in any media now known or hereafter devised

throughout the world in perpetuity for advertising and publicity purposes, without additional

review, compensation, permission or approval.

PRIVACY: Entry in the Sweepstakes constitutes consent to the transfer of the personal

information collected from the entrant to the Sponsor for the purposes of administering the

Sweepstakes, for future marketing and promotions, and for such other purposes to which

entrant may consent as outlined herein or on the Sweepstakes website. All information

submitted to Sponsor as part of this Sweepstakes will be treated in accordance with the Privacy

Notice of the Sponsor located at talkfortytomepodcast.com. More specifically, Sponsor may collect information that

you provide to enter the Sweepstakes and will use personal information you provide to enter

the Sweepstakes to actually conduct the Sweepstakes.

LIMITATIONS ON LIABILITY: By entering, each entrant agrees: (a) to be bound by these Official

Rules and any other documents required by Sponsor herein and by the decisions of the

Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules, or

any other documents required by Sponsor herein; (b) to indemnify, defend, and hold harmless

Sponsor and its respective officers, directors, employees, shareholders, representatives,

affiliates, and agents (collectively, the “Released Parties”), from and against any and all liability,

claims, losses, damages, demands, causes of action, penalties, and expenses arising out of or

related to any statement, action, or failure to act by entrant during or in connection with

his/her participation herein and/or any breach or alleged breach of these Official Rules or of

any other documents required by Sponsor and; (c) not to sue and to hereby irrevocably and

unconditionally release, waive, and forever discharge the Released Parties, from any and all

liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether

known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents)

ever had, now have, or in the future may have against the Released Parties, including, but not

limited to claims arising out of or related to personal injury (including death) and/or damage,

theft, loss, or any other harm resulting in whole or in part, directly or indirectly, from (i)

participation in the Sweepstakes or any Sweepstakes related activity; (ii) the acceptance,

possession, misuse, or use of the prizes; (iii) the use of any of the rights granted herein

(including, without limitation, the use and exploitation of the entrant’s name, address [city and

state], biographical information, statements, voice, photograph, and/or other likeness); (iv) any

malfunction or other problem with the Sweepstakes website; (v) any error in the collection or

retention of entry information, and (vi) any typographical or other error in the printing,

offering, or announcement of any prize.

PRIZE IS AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED

(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE). SPONSOR (INCLUDING ITS RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM

ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE,

AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY

DAMAGES OR INJURIES SUSTAINED BY A WINNER, WINNER’S GUEST, OR OTHER USERS OF THE

PRIZES FOR ANY REASON. Please note that some jurisdictions may not allow the exclusion of

implied warranties, so some of the above exclusions may not apply to you. Check your local

laws for any restrictions or limitations regarding the exclusion of implied warranties.

Sponsor is not responsible for lost, late, stolen, misdirected, undeliverable, or incomplete

entries due to system errors or failures or faulty transmissions or other telecommunications

malfunctions; and/or entries not received resulting from any hardware or software failures of

any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer

or telephone transmissions, typographical or system/human errors and failures, or faulty

transmissions, or for any problems or technical malfunction(s) of any telephone network or

lines, cable connections, or satellite transmissions, computer online systems, servers or

providers, computer equipment, or entries not received by Sponsor on account of technical

problems or traffic congestion on the Internet or at a website, or any combination thereof,

including other telecommunication, cable, digital, or satellite malfunctions which may limit an

entrant’s ability to participate. Sponsor is also not responsible for any malfunction of the entire

Sweepstakes website or error in the collection, processing, or retention of entry information.

 

TERMINATION/ MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes is not

capable of running as planned, including, but not limited to, infection by computer virus, bugs,

tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable

control of Sponsor which corrupt or affect the administration, security, fairness, integrity,

fulfillment, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole

discretion to terminate, modify, or suspend the Sweepstakes and to select the winner by

conducting a random drawing from those eligible entries received up to the time of the

termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating

in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if,

at its sole discretion, it determines that said entrant has violated the Official Rules or has

threatened or is attempting to undermine the legitimate operation of the Sweepstakes by

cheating, hacking, deception, or other unfair playing practices (including the use of automated

quick-entry programs), or intending to annoy, abuse, threaten, or harass any other entrants,

Sponsor or Sponsor representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY

DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES

MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE,

SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S

FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL

PROSECUTION.

DISPUTES: This Sweepstakes is subject solely to the applicable federal, state, and local laws of

the United States; provided, however, that except where prohibited, entrant agrees that: (a)

any and all disputes, claims, and causes of action arising out of or connected with this

Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of

class action, and exclusively by the appropriate Federal or state courts located in Oklahoma; (b)

any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs

incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’

fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and

entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential

damages and any other damages and any and all rights to have damages multiplied or

otherwise increased, other than for actual out-of-pocket expenses. All issues and questions

concerning the construction, validity, interpretation, and enforceability of these Official Rules,

or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes,

shall be governed by, and construed in accordance with, the laws of the State of Oklahoma

without giving effect to any choice of law or conflict of law rules (whether of the State of

Oklahoma or any other jurisdiction), which would cause the application of the laws of any

jurisdiction other than the State of Oklahoma. Any action or proceeding arising from, relating to

or in connection with the Sweepstakes, the prize, these Official Rules, will be brought

exclusively in the federal or state courts located in Texas, and you irrevocably consent to the

personal jurisdiction of such courts and agree that it is a convenient forum and that you will not

seek to transfer such action or proceeding to any other forum or jurisdiction, under the

doctrine of forum non conveniens or otherwise.

 

RULES/WINNERS LIST: To receive a list of the winners or an additional copy of these Official

Rules, send an email to talkfortytomepodcast@gmail.com with the subject line REQUEST

RULES/WINNERS LIST.