Terms & Conditions for Active Promotions

Fertility Fund Giveaway
Official Rules

 

The following are the official rules (the “Giveaway Rules”) governing the Giveaway (the “Giveaway”) by Bird & Be Co. and Dandi Fertility (together the “Sponsors”).

 

  1. Eligibility
    This Giveaway is open to legal residents of Canada (excluding Quebec) as well as legal residents of the fifty (50) states of the United States of America (including the District of Columbia) (the “USA”) who have reached the age of majority in their province, territory, state or district of residence at the time of entry. Entrants must have a valid email address to receive emails from the Sponsors. By participating in this Giveaway, participants acknowledge compliance with, and agree to be bound by, these Giveaway Rules. Entrants who do not comply with any of the Giveaway Rules are subject to disqualification by the Sponsors, in their sole discretion. 

Employees of the Sponsors, its parent, related and affiliated companies, representative or mandatary, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, Giveaway administrators, any other parties engaged in the development, production or distribution of Giveaway materials, and those living in the same household may not enter the Giveaway. 

  1. Giveaway Dates and Time
    The Giveaway begins on September 26th, 2024, at 9:00 a.m. EDT and ends on October 24th, 2024, at 11:59 p.m. EDT (“Giveaway End Date”), after which time the Giveaway will be closed and no further entries will be considered.

  2. How to Enter
    There is no purchase necessary to participate.
    To enter the Giveaway go to https://birdandbe.com/fertility-fund-giveaway (the "Web Site") during the Giveaway Period to gain access to the registration form. Enter the Giveaway by completing the registration form including the required fields: Full Name, Email Address, Stage of your journey and short text about your fertility journey. You need to have a valid email address and consent to receive the Sponsors newsletters to enter into this Giveaway.

    Upon registering, you will earn one (1) Entry into the Giveaway (“Giveaway Entry”). All winners are subject to verification before any prize will be awarded. You can also earn five (5) additional entries by submitting a video and one (1) additional entry for each of the following actions:
  • Follow @birdbeco on Instagram
  • Follow @dandifertility on Instagram
  • Follow @birdandbe on TikTok
  • Follow @dandifertility on TikTok
  • Share the giveaway through your social accounts/email



Limit of one (1) Giveaway Entry via the form, and up to ten  (10) Giveaway entries for submitting a video as well as completing social actions.

By submitting a video as part of your entry, you authorize the Sponsors and the Sponsors’ affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) your name, image, likeness, and voice, and (b) your video submission, in any manner, form, or format whatsoever, including editing it down, now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Company, its affiliates, or their services, for a period of 2 years following the October 24th, 2024 giveaway end date, without further consent from or payment to me. I hereby waive all moral rights in or to the work, indefinitely.

All entries must be complete and are subject to verification by the Sponsors, in their sole discretion. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Giveaway, or any other methods not authorized by these Giveaway Rules, for example, but not limited to, creating multiple email addresses, identities, or registrations to obtain more than one (1) entry, all in the Sponsors sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning the Prize (as defined in Section 4). Entries that contain false or incomplete information are void. Entries that are late, misdirected, or that do not conform with or satisfy any or all of the conditions of the Giveaway Rules are void. Notwithstanding the promotional emails that will be sent to participants such as newsletters, no correspondence will be entered into except with the Selected Entrant (as defined in Section 7). Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry. 

  1. Giveaway Prize
    There is only one (1) prize to be awarded (the “Prize”) including: 
  • $2,500 USD to be paid in full by EFT and to be spent on fertility clinic bills, medication bills, consultation bills, etc. The “Prize Winner” must provide proof of use of the funds in order to receive the transfer. 
  • A 4-month subscription to the Bird&Be Power Pack,  a value of $540 USD 
  • An IVF Care Kit and a 3-pack Fertility Consultations or Injection Support, a value of $535 USD.

The total Prize is valued at $3,575 USD (three-thousand five-hundred and seventy five dollars).

  1. Odds of Winning
    The odds of winning depend on the number of eligible entries received before the Giveaway End Date.

  2. Skill-testing Question
    The Selected Entrant will be required, as a condition of winning the Prize, to correctly answer, without assistance of any kind, the Sponsors’ time-limited, mathematical skill-testing question to be sent to the Selected Entrant via email.

  3. Prize Winner Selection and Confirmation
    On October 28th, at 3 p.m. EDT the Sponsors or an employee, agent or other representative of the Sponsors, will conduct a random draw from all eligible entries received before the Giveaway End Date and select the potential winner (the “Selected Entrant”). 

Before being declared the Prize Winner, the Selected Entrant will be required to: (i) correctly answer the Sponsors skill-testing question; and (ii) comply with all other Giveaway Rules, all in the sole discretion of the Sponsors. If the Selected Entrant does not meet those eligibility criteria, the Selected Entrant will be disqualified and will not receive the Prize and another entrant will be selected by way of a random draw from the remaining eligible entries to become the Selected Entrant. 

The Selected Entrant will be notified on October 29th, 2024, by email. Upon establishing contact with the Selected Entrant and taking care of the required eligibility formalities referred to above, the Selected Entrant will become the Prize Winner. If the Sponsors, or an employee, agent or other representative of the Sponsors is unable, within a deadline of ten (10) business days following the first notification (the “Deadline”), to reach the Selected Entrant, another Selected Entrant will be drawn at random within the next two (2) days following the end of the Deadline. A Selected Entrant that does not or cannot accept the Prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsors’ sole discretion. The Sponsors are not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsors to receive a Selected Entrant’s response. A signed copy of the Sponsors’ Winner Release (see Section 8) must be received by the Sponsors no later than ten (10) business days following the first notification. 

Disputes regarding identity of participants: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address entered at the time of entry (the “Authorized Account Holder”). The Selected Entrant may be required to provide proof that the Selected Entrant is the Authorized Account Holder associated with a selected entry. 

  1. Release
    The Prize Winner must sign the Sponsors’ Winner Release to: (i) confirm compliance with all Giveaway Rules; (ii) agree to accept the Prize as awarded; (iii) release, discharge and hold harmless the Sponsors, any company, corporation, trust or other legal entity controlled by or affiliated to the Sponsors, their advertising and promotional agencies, their employees, representatives and mandataries, its counsel, marketing partners, Facebook, Instagram and each of their respective directors, officers, employees, shareholders (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss, damage resulting from the acceptance, use or non-use of the Prize, the use of the Prize Winner’s data by Sponsors, and the amendment, modification or termination of this Giveaway or its Giveaway rules as described in Section 11 of the Giveaway Rules; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees that any of the Released Parties may suffer or incur as a result of any non-compliance by participants with any of the Giveaway Rules or participation in the Giveaway and/or in connection with the acceptance and/or exercise by the Prize Winner of the Prize, and the use of the Prize Winner’s data by the Sponsors. 
  1. Liability limits: conduct of the Giveaway
    The Released Parties disclaims all liability for any of the following: (i) acceptance, use, misuse, or non-use of the Prize that may be awarded; (ii) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Giveaway or be awarded the Prize; (iii) technical and/or communications failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; (iv) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (v) if the Prize cannot be awarded due to circumstances beyond the Sponsors reasonable control; (vi) lost, incomplete, delayed, mutilated or misdirected entries or Winner’s Release; (vii) injury or damage to participants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Giveaway; (viii) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; (ix) late, lost, misdirected or unsuccessful efforts to notify a Selected Entrant; (x) the amendment, modification or termination of this Giveaway or its Giveaway Rules as described in Section 11 of the Giveaway Rules; or (xi) any breach of this Giveaway Rules by the participant.

  2. Indemnification.
    Each Giveaway participant agrees to indemnify the Released Parties against any loss, damage or expense, including legal fees that any of the Released Parties may suffer or incur as a result of any claim by the Giveaway participant relating to Section 9 of the Giveaway Rules. 

 

  1. Rule Amendments.
    The Sponsors reserves the right, to amend or modify these Giveaway Rules or to terminate or amend this Giveaway at any time and in any way, without prior notice to participants. Without limiting the foregoing, if, for any reason, the Giveaway is not capable of running as originally planned for any reason, for example in case of fraud or contamination by a computer virus, the Sponsors reserve the right to cancel the Giveaway and conduct a random draw from all previously received eligible entries received by the Giveaway End Date.

  2. Taxes – USA residents.
    In the event that the Prize Winner is a USA resident (the “USA Prize Winner”), the value of the Prize awarded to the USA Prize Winner must be reported for tax purposes as required by law. The USA Prize Winner must provide the Sponsors with a valid taxpayer identification number or social security number (as applicable) before the Prize can be awarded. A Form 1099-MISC will be issued to the USA Prize Winner for the value of the Prize. The USA Prize Winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prize they receive. 
  3. Winner Announcement & Publicity
    By participating in the Giveaway, each entrant and each potential winner, by accepting the prize grants to the Sponsors and Sponsors’ affiliates, legal representatives, assigns and licensees, a perpetual, worldwide, royalty-free license and right to publicize, broadcast, display and/or otherwise use the entrant’s name, city, state/province, photograph, video (if submitted) and likeness 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. 
    Also, by accepting the prize, you also agree to provide an update on your fertility journey and how the prize was used within 2 months of receiving the prize and you grant the Sponsors and Sponsors’ affiliates, legal representatives, assigns and licensees, a perpetual, worldwide, royalty-free license and right to publicize, broadcast, display and/or otherwise use the submitted update.
  4. Personal Information
    Subject to applicable privacy laws, by participating in the Giveaway, participants consent to the use of their name, email address, and residence status, for the administration of this Giveaway or any marketing carried out by the Sponsors, without further notice or compensation. 
  1. Use of Instagram, Facebook & TikTok
    This Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram, Facebook or TikTok. Any and all personal information provided in this Giveaway is provided to the Sponsors and not Instagram, Facebook or TikTok.

  2. Law
    The Giveaway is void where prohibited by law. Unless otherwise prohibited by law, this Giveaway shall be governed exclusively by the laws of the province of Ontario and any applicable law and any dispute shall be instituted in the courts of the Province of Ontario, in the courts of the judicial district of Toronto.

  3. Invalidity
    The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Giveaway 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.