NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN
The Timbuk2 Feedback Giveaway that is available for entry ONLY by participating in the Timbuk2 feedback survey described herein. The feedback survey can be accessed by clicking a link that will be emailed to Timbuk2 customers after they purchase Timbuk2 products (the “Timbuk2 Survey”) or by clicking the “Write a Review” link on any Timbuk2 product page.
Timbuk2 Designs, Inc., (“Sponsor”) is offering the Feedback Giveaway (the “Feedback Giveaway”) in which winners will be selected from a group of qualifying entries on the basis of random selection. As a condition of participating in the Feedback Giveaway, you agree to be fully and unconditionally bound by these Official Rules, which are a contract, and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Feedback Giveaway, these Official Rules, and the Feedback Giveaway materials. Without limitation, this contract includes indemnities to the Feedback Giveaway Entities (as defined in Section 2) from you and a limitation of your rights and remedies. Winning and receiving a prize is contingent upon fulfilling all requirements set forth herein. By participating, entrants agree to be bound by these Official Rules and waive any and all rights to claim ambiguity or error in these Official Rules or in the or in the Feedback Giveaway itself.
- ADVERTISING ABOUT THE FEEDBACK GIVEAWAY: The Sponsor will advertise this Feedback Giveaway via invitations sent to Timbuk2 customers. Any questions or comments regarding this Feedback Giveaway should be directed to the Sponsor by sending an email to firstname.lastname@example.org with the subject line: $100.00 Gift Card Feedback Giveaway.
- ELIGIBILITY: The Feedback Giveaway is open only to Timbuk2 cutomers who: (i) are legal residents of and physically located in the United States (excluding Rhode Island), the District of Columbia or Canada, (excluding Quebec) and (ii) are at least eighteen (18) years of age or older (or the age of majority in his/her jurisdiction) at the time of entry. VOID IN RHODE ISLAND, QUEBEC AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
Employees, officers and directors of Sponsor, its parent, and each of its or their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, prize suppliers, and any and all other companies associated with the design or execution of the Feedback Giveaway (collectively, the “Feedback Giveaway Entities”), and each of such employees’, officers’, and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Feedback Giveaway or win a prize. For purposes of this Feedback Giveaway, “immediate family members” shall mean spouse, partner, parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, in-laws, grandparents, and grandchildren. “Those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
- ENTRY PERIOD: The Feedback Giveaway begins February 15th, 2022 at 10:00:00 AM Pacific Time (“PT”) and ends February 28, 2023 at 7:00:00 PM PT (the “Feedback Giveaway Period”).
- HOW TO PARTICIPATE: Fully complete and submit the Timbuk2 Survey online through the Timbuk2 provided link. There is a limit of one (1) entry per person during the entire Feedback Giveaway Period. The (1) entry has potential to win only once in one of our twelve monthly draws.
In the event of a dispute over the identity of an entrant, the entrant will be deemed to be the Authorized Account Holder of the email address provided by the entrant at the time of completing the Timbuk2 Survey and submitting the entry. The “Authorized Account Holder” is the natural person assigned the email address by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to require entrants to show proof of being the Authorized Account Holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may disqualify all that entrant’s entries. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, inappropriate, not responsive to the call-to-action, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Feedback Giveaway at Sponsor’s sole and absolute discretion. All entries become the property of Sponsor and will not be acknowledged or returned.
- PRIZES AVAILABLE: Monthly Prizes – each of the twelve (12) monthly prizes consists of a Timbuk2 e-gift card that is worth US $100 and can only be used online at www.timbuk2.com. The odds of winning depend upon the number of eligible entries received.
- WINNER SELECTION AND VERIFICATION: Each month during the Feedback Giveaway Period, one (1) prize winner will be randomly selected from all COMPLETED surveys submitted in compliance with the Official Rules during that month. A potential winning entry will be identified and the potential winner will be notified as described below within two (2) business days after the drawing using the email address on the Timbuk2 survey form. Sponsor is not responsible for any failure of delivery of notice. Sponsor will have complete discretion over interpretation of the Official Rules, the administration of the Feedback Giveaway, and the selection of potential winner.
(In compliance with Canadian law), if the winner of any prize is a Canadian resident, he/she will be required to correctly answer a mathematical skill question as a condition of being named a valid winner and receiving the associated prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
- PRIZE RESTRICTIONS: Limit of one (1) prize per person and per household. The Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except that Sponsor, at its sole discretion, may substitute a prize of equal or greater value for any reason. Each prize is subject to the terms and conditions of the issuer. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change. In the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. 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, regardless of whether the prize is used in whole or in part. The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. The Prize will be delivered to the winner by regular mail, United Postal Service or courier such as Federal Express. Type of delivery service will be at sole discretion of Sponsor. Please allow 6-8 weeks for delivery. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize.
THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- PUBLICITY RELEASE: Subject to applicable law, the winner irrevocably grants the Feedback Giveaway Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, username, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Feedback Giveaway, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners. Entrants agree not to issue any publicity concerning the Feedback Giveaway Entities.
- WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Feedback Giveaway, entrant agrees to release, discharge and hold harmless the Feedback Giveaway Entities and their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Feedback Giveaway and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Feedback Giveaway, or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light, or based on any claim of infringement of intellectual property, or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Feedback Giveaway activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Feedback Giveaway and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Sponsor has the sole and binding right to decide all matters and disputes arising from the Feedback Giveaway and its determination shall be final and binding on all entrants.
Entrants further agree and that the Released Parties shall have no responsibility or liability for discontinued prizes, human error, incorrect or inaccurate transcription of registration and/or Account information, any technical malfunctions of the telephone network, computer online systems, computer mechanisms, computer equipment, software, or Internet service provider utilized by Sponsor, interruption or inability to access the Website, Account, app, Sponsor’s or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems, any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Feedback Giveaway, any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects, and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Feedback Giveaway and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize. The Released parties are not responsible for the actions of entrants in connection with the Feedback Giveaway, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Feedback Giveaway. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- SUSPENSION/MODIFICATION/TERMINATION: Sponsor reserves the right to clarify or correct any typographical, printing, computer programming, calculation, or operating errors associated with the Feedback Giveaway at any time, including during the Entry Period. In the unlikely event that Sponsor is unable to continue the Feedback Giveaway for any reason, including, but not limited to: computer hacking, tampering, virus or bugs, delay or failure to act, bankruptcy, negligence, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Feedback Giveaway by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, insufficient entries, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Feedback Giveaway or prize and to the extent possibly award the prize from eligible entries received prior to suspension or termination. Sponsor additionally reserves the right, in its sole and absolute discretion, to (i) modify, suspend or terminate the Feedback Giveaway should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Feedback Giveaway or (ii) disqualify any entrant found to be, or suspected of (a) tampering with the entry process or the operation of the Feedback Giveaway; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
- TAMPERING WITH THE FEEDBACK GIVEAWAY: The Feedback Giveaway Entities are not responsible for the actions of entrants in connection with the Feedback Giveaway, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Feedback Giveaway. Persons found tampering with or abusing any aspect of this Feedback Giveaway, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Feedback Giveaway, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Feedback Giveaway. CAUTION: ANY ATTEMPT BY A PERSON TO DAMAGE ANY OR UNDERMINE THE LEGITIMATE OPERATION OF THIS FEEDBACK GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. If the Feedback Giveaway is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Twitter via a Sponsor update and/or on the site(s) where these Official Rules have been posted.
- ENTRY INFORMATION AND FEEDBACK GIVEAWAY COMMUNICATIONS: As a condition of entering the Feedback Giveaway, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Feedback Giveaway and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Feedback Giveaway.
YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNER LIST.
- GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Feedback Giveaway Entities in connection with the Feedback Giveaway shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE FEEDBACK GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE FEEDBACK GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (III) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (IV) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties each agrees to finally settle all disputes only through arbitration, provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Francisco County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Feedback Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence), provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions, provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in San Francisco County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- SPONSOR: This Feedback Giveaway is sponsored by Timbuk2 Designs, Inc., 400 Alabama Street, Suite 201 San Francisco, CA 94110
- WINNER LIST/OFFICIAL RULES REQUESTS: To receive the winner list send a stamped self-addressed envelope to: “Feedback Giveaway Winner List”, Timbuk2 Designs 400 Alabama Street, Suite 201, San Francisco, CA 94110 no later than May 21, 2023. Please reference the name “Feedback Giveaway” in your request. For a copy of these Official Rules, send a self-addressed, stamped envelope to: “Feedback Giveaway Official Rules”, Timbuk2 Designs 400 Alabama Street, Suite 201 San Francisco, CA 94110 prior to the end of the Entry Period. Please reference “Feedback Giveaway Rules” in your request. Vermont residents may omit return postage with Official Rules requests.
**Power Reviews is not a Sponsor of or in any way affiliated with this Feedback Giveaway**