New Year Giveaway T&C

Bird&Be New Year Giveaway
Official Giveaway Rules

The following are the official rules (the “Giveaway Rules”) governing the Giveaway (the “Giveaway”) by Bird & Be Co. (the “Sponsor”), a corporation duly constituted under the Canada Business Corporations Act, with its principal place of business in Toronto, Ontario.

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 Sponsor. 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 Sponsor, in their sole discretion. 

Employees of the Sponsor, 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 December 1st, 2023, at 12:00 a.m. EST and ends on December 31st, 2023, at 11:59 p.m. EST (“Giveaway End Date”), after which time the Giveaway will be closed and no further entries will be considered.
   
   
2. How to Enter

No purchase necessary.

There are 2 ways to enter the giveaway:

Make a purchase on birdandbe.com

Any customer who makes a purchase made through birdandbe.com from December 1st, 2023, at 12:00 a.m. EST and December 31st, 2023, at 11:59 p.m will automatically get entered into the giveaway. Any vitamin subscribers who have a ongoing subscription which an order that goes through between December 1st, 2023, at 12:00 a.m. EST and December 31st, 2023, at 11:59 p.m. will also be automatically entered into the giveaway. Customers will receive one (1) entry into the giveaway for each purchase or vitamin subscription order that goes through during the contest period.

Complete the contest entry form

If you haven’t made a purchase, you can enter the giveaway by visiting https://birdandbe.com/pages/holiday-giveaway and completing the contest entry form.
By completing and submitting the form, you will earn one (1) Entry into the Giveaway (“Giveaway Entry”).

All entries must be complete and are subject to verification by the Sponsor, in its 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 Sponsor 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 one (1) Prize to be awarded of a one (1) year Bird&Be subscription to the vitamins of the winner’s choice (not including The Power Pack or The Essentials Pack). The total value of the prize is up to US$810. The Prizes offered must be accepted as awarded. The prize is not exchangeable or transferable. The Prize Winner must have a valid and active Canadian and/or USA shipping address, that enables the Prize Winner to receive their Prize
   
   
2. Odds of Winning
   The odds of winning depend on the number of eligible entries received by the Giveaway End Date.
   
   
3. Skill-testing Question
   The Selected Entrants will be required, as a condition of winning the Prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be sent to the Selected Entrants via email.
   
   
4. Prize Winner Selection and Confirmation 

On January 8th, 2024, at 11 a.m. EST the Sponsor or an employee, agent or other representative of the Sponsor, will conduct a random draw from all eligible entries received before the Prize Giveaway End Date and select the potential Prize Winner (the “Selected Entrant”). 

Before being declared the Prize Winner, the Selected Entrant will be required to: (i) correctly answer the Sponsor’s skill-testing question; and (ii) comply with all other Giveaway Rules, all in the sole discretion of the Sponsor. 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 January 9, 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 Sponsor, or an employee, agent or other representative of the Sponsor is unable, within a deadline of five (5) 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 Sponsor's sole discretion. The Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response. A signed copy of the Sponsor’s Prize Winner Release (see Section 8) must be received by the Sponsor 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 Sponsor’s 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 Sponsor, any company, corporation, trust or other legal entity controlled by or affiliated to the Sponsor, 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 Sponsor, 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 Sponsor. 

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 Prizes 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 Prizes; (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 Prizes cannot be awarded due to circumstances beyond the Sponsor reasonable control; (vi) lost, incomplete, delayed, mutilated or misdirected entries or Prize 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. 
3. Rule Amendments.
   The Sponsor 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 Sponsor reserves the right to cancel the Giveaway and conduct a random draw from all previously received eligible entries received by the Giveaway End Date.
   
   
4. 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 Sponsor 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. 
   
   
5. Winner Announcement & Publicity
   By participating in the Giveaway, each entrant and each potential winner, by accepting the prize grants to Sponsor and Sponsor’s affiliates, legal representatives, assigns and licensees, a perpetual, worldwide, royalty-free license and right to publicize, broadcast, display and/or otherwise use the Prize Winner’s name 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. 
   
   
6. 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 Sponsor, 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 Sponsor 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.