Thank you for downloading the iTalkBB TV App and viewing content published by iTalk Global Communications, Inc. (“iTalkBB”). As a current user of the iTalkBB App, you are eligible to subscribe to the iTalkBB TV VIP Plan (“VIP Plan”) which is subject to these Terms of Use.
To subscribe to the VIP Plan, you must complete your subscription on the iTalkBB TV App which you have already downloaded or the website at iTalkBBTV.com.
By subscribing for and using the VIP Plan, you confirm that you are 13 years age or more, that any information you submit to iTalkBB is true, accurate and complete, and that you agree these Terms of Use and our Privacy Policy. If you subscribe to the VIP Plan, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account and password. You agree that you will ensure that your account information is kept accurate and up-to-date at all times.
We reserve the right to modify these Terms of Use and our sole discretion without advance notice.
Access to and Use of Content. The VIP Plan and all content (“Content”), including all copy rights, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”) are owned and controlled by iTalkBB, its licensors, and certain other parties. All right, title, and interest in and to the Content and Intellectual Property available with the VIP Plan is the property of iTalkBB.
Your right to use the service and view Content is subject to your strict compliance with these Terms of Use, as amended from time to time. These rights are non-exclusive, limited, and revocable by us at any time of sole discretion without advance notice or liability.
iTalkBB offers subscriptions to the VIP Plan on a monthly or annual basis. The Annual and Monthly subscription fees are set forth on the website at iTalkBBTV.com. At the time of your subscription, you are required to provide a valid credit card or approved Payment Method, including Apple ID payment and Google Play payment (credit card payment, Apple ID payment and Google Play payment are collectively referred to as “Payment Method”). Your monthly or annual fees, including all applicable taxes, fees, surcharges or other government-imposed charges will be paid by the appropriate Payment Method. When you elect to pay by credit card, you authorize us to charge your valid credit card the annual or monthly fees and applicable taxes when your payments are due. If you select Apple ID payment and Google Play payment, you authorize those companies to charge your account for the annual or monthly fees of applicable taxes and send payment to us on the payment date. Your subscription to the annual or monthly VIP Plan automatically renews until cancelled.
The monthly subscription billing period is one calendar month from the date your valid Payment Method is charged and the same date in subsequent month. The annual subscription billing period is twelve (12) calendar months from the date your approved Payment Method is charged at the time of subscription. If your annual plan is renewed, your approved Payment Method will be charged in the same month and on the same date of your original subscription. The amount charged to your approved Payment Method may vary from billing period to billing period due to changes in your subscription plan or applicable taxes or transaction fees. We reserve the right to change the monthly or annual subscription fee for the VIP Plan for any subsequent billing period at any time following notice to you (by sending an email to the address you have registered for your account). If you do not wish to accept a change to the subscription fee, you may cancel your subscription as described below. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify iTalkBB within sixty (60) days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
iTalkBB offers all VIP Plan subscribers a 7-day Trial Period. You may cancel the VIP Plan at any time up to 24 hours before the end of the Trial Period with no penalty or other charge. If you have not cancelled during the Trial Period, iTalkBB, Apple or Google will charge your credit or account on the 8th day. The date of the charge will become your monthly or annual billing date for all future payments.
The quality of streaming Contents may vary from device to device and maybe affected by variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. iTalkBB makes no representations and warranties about your watching experience on your display you must connect to the internet throughout your streaming experience. iTalkBB VIP Plan or specific Contents may only be available in certain geographic locations.
You are expressly prohibited from copying, reproducing, decompiling, reverse engineering, disassembling, modifying, or creating derivative works of the Content or any portion thereof.
Upon identification of any unauthorized use of the VIP Plan by you, we reserve the rights to discontinue the VIP Plan at any time, without prior notice or liability.
If you desire to cancel the VIP Plan, you must cancel using the site of the Payment Method you choose when you subscribed. For example, (a) if you subscribed on iTalkBBtv.com, you may cancel on that; (b) if you subscribed using Apple ID, you may cancel by opening the “Settings” on your smart phone-go to Apple ID-go to Subscriptions to cancel; and (c) if you subscribed using Google Play, you may cancel by logging into your “Google Account” on your smart phone and go to Subscriptions to cancel; If you cancel your subscription, the cancellation will go into effect at the end of your current subscription period. You will have continued access to the VIP Plan for the remainder of your paid subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your subscription at least 3 days before your regular billing date, to avoid paying the subscription fees for the next subscription period. FOR ANNUAL SUBSCRIPTIONS, iTalkBB WILL NOTIFY YOU AT LEAST 30 DAYS IN ADVANCE OF THE DATE THAT YOUR ANNUAL SUBSCRIPTION WILL AUTOMATICALLY RENEW. You acknowledge and agree that, to the extent not prohibited by applicable law, cancellation of your subscription is your sole recourse if you have any dissatisfaction, issue or concern related to the VIP Plan, its content or features, including fees, applicable taxes, or billing methods; the selection of content available to you through the VIP Plan; the Term of Use, or any changes thereto; or any other policies or practices that apply to the VIP Plan.
License to use Content. After completing a transaction or paying applicable fee for Content, you will have non-exclusive right, solely and expressly permitted in these Terms of Use to store, access, view, use and display of the applicable Content on your devices for your personal, non-commercial use only. All rights not expressly granted to you in these Terms of Use are reserved to iTalkBB. Your use of certain apps and other software may be governed by additional terms and conditions of the end user licenses between you and your provider.
Restrictions. You may not:
We take claims of copyright infringement seriously. iTalk Global Communications, Inc. is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act, 17 USC 512, or “DMCA”). If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
DMCA Agent
iTalk Global Communications, Inc.
Attn: Legal Department
1120 South Capital of Texas Highway, Bldg. 3, Suite 110
Austin, Texas, 78746
E-mail: iTalklegal@iTalkglobal.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You agree that iTalkBB, in its sole discretion, for any or no reason, and without penalty, may terminate any account you may have with iTalkBB or your use of the VIP Plan and remove and discard all or any part of your account at any time. If your account is terminated for any reason, or no reason, you agree that iTalkBB will not be liable to you or any third-party for any such termination. Your only recourse with respect to any dissatisfaction with the VIP Plan, any term of these Terms of Use, any policy or practice of iTalkBB in operating the VIP Plan, or any Content is to delete your account with iTalkBB and discontinue use of any and all parts of the VIP Plan.
Users of the iTalkBB TV App have ability to delete their accounts in the App at any time. The user may continue to use the App after deleting an account, but will lose the following features and functionalities after deletion:
You agree to indemnify, save and hold harmless iTalkBB, its affiliated companies, contractors, employees, officers, board members, agents, and its third-party suppliers, licensors, and partners from and against any claims, losses, damages, liabilities, including without limitation, legal fees and expenses, arising out of your use or misuse of the service or any violation of these Terms of Use. iTalkBB will use reasonable efforts to notify you any such claim, action or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITALKBB, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, INCLUDING THE PROVIDERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITALKBB OR THROUGH THE ITALKBB VIP PLAN WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM ITALKBB INCLUDES ITALKBB'S OFFICERS, AFFILAITES, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT USE OF THE ITALKBB VIP PLAN IS AT YOUR SOLE RISK. THE ITALKBB VIP PLAN AND ANY MATERIALS, CONTENT, DATA, INFORMATION, THIRD-PARTY SOFTWARE, SUBTITLE SUBMISSIONS, REFERENCE SITES, VIP PLAN, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ITALKBB VIP PLAN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
ITALKBB, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PROVIDERS DO NOT WARRANT THAT THE MATERIALS, CONTENT, DATA, SUBTITLE SUBMISSIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ITALKBB VIP PLAN OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ITALKBB, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITALKBB VIP PLAN OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, CONTENT, MATERIALS, OR DATA THROUGH THE ITALKBB VIP PLAN SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ITALKBB, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE ITALKBB VIP PLAN, OR ANY OTHER INTERACTIONS WITH ITALKBB, EVEN IF ITALKBB OR A ITALKBB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ITALKBB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL ITALKBB, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ITALKBB VIP PLAN OR YOUR INTERACTION WITH OTHER ITALKBB VIP PLAN USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ITALKBB VIP PLAN DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON THE THIRD-PARTY SERVICE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN ITALKBB AND RECEIVED THROUGH OR ADVERTISED ON THE THIRD PARTY SERVICE SITE OR RECEIVED THROUGH THE ITALKBB VIP PLAN.
YOU ACKNOWLEDGE AND AGREE THAT ITALKBB HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ITALKBB, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ITALKBB. ITALKBB WOULD NOT BE ABLE TO PROVIDE THE ITALKBB VIP PLAN TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iTalkBB without restriction.
You agree we may give you notices by mail or email or in any other reasonable manner elected by us. All legal notices to us must be sent to: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com. If you have question regarding the VIP Plan, you may contact iTalkBB service at 1-877-482-5522.
All disputes shall be governed by the laws of State of Texas, without regards to its conflict of laws provisions.
Jurisdiction and venue for any controversy, allegation, or claim arising or relating to the VIP Plan, Content, these Terms of Use or any modification thereof (collectively, “Dispute”) shall be in Travis County, Texas. You hereby submit to personal jurisdiction and venue in Travis County, Texas.
Both you and iTalkBB waive the right to dispute as a class, consolidated, representative, or private attorney, and general action, or to participate in any such action regarding any Dispute brought by anyone else.
These Terms of Use, as amended or modified from time to time, reflect our complete agreement regarding the VIP Plan and Content and supersede any prior agreement, representation, warranties, assurances or discussions related to the VIP Plan or Content.
If you have any questions concerning these Terms of Use, please contact: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com.
If you have any questions regarding the VIP Plan, you may contact iTalkBB Customer Service at tv.support@italkbb.com.
iTalkBB enables you to earn redeemable “Points” for activities such as watching videos, inviting friends to join iTalkBB, liking and commenting on videos, and other activities. For a list of current ways to earn Points, go to https://www.italkbbtv.com/about/us/chs/rewards/how-it-works.html. Each Point-earning activity will have different requirements and limits, so please read the details carefully. Points are promotional and cannot be purchased, traded, transferred, or redeemed for cash. All points are redeemable for a maximum of 6 months. All points expire June 30 and December 31 of each year. iTalkBB reserves the right to cancel your participation in the iTalkBB Rewards Program, close your Account (defined below), and zero-out the Points in your Account. All unredeemed Points and Rewards will be forfeited immediately upon cancellation and may not be reinstated or transferred. Points are promotional and have no cash value. You may check your Points balance at https://italkbbtv.com/u/points/daily.
To participate in an iTalkBB Rewards Program, you must: (1) be at least 18 years old and a resident of and residing in the United States or Canada; (2) have an active iTalkBB account; and (3) register your iTalk Rewards Program account ("Account") by following the enrollment instructions at https://www.italkbbtv.com/login. There are no fees or charges to become a member of the iTalkBB Rewards Program. Only individuals who are at least 18 years old and who provide valid and accurate personal information when enrolling in the iTalkBB Rewards Program are eligible for membership. Corporations and other entities are not eligible. Individuals under the age of 18 are not eligible. The iTalkBB Rewards Program is only available in the United States, and you must register a unique and valid email address and phone number. iTalkBB may deny enrollment in the iTalkBB Rewards Program to any applicant if iTalkBB, in its sole discretion, deems any enrollment request as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these Reward Program terms or the Terms of Use, without written notice. Only one account per person is allowed, different accounts cannot be combined, and no joint accounts are permitted. You may not have more than one Account, even if you have multiple email addresses. The Points and Rewards are solely for your personal and noncommercial use. Employees of iTalkBB are not eligible to participate in the iTalkBB Rewards Program. All information provided by you must be valid and accurate and you must keep it current.
If a Point-earning activity requires posting content, you agree not to post any material that is unlawful or that violates or infringes another’s rights or material that is political, inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous, that promotes bigotry, racism, hatred or harm against any group or individual, or any discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or that disparages iTalkBB or any other person or party, in iTalkBB’s sole discretion. iTalkBB may, in its sole discretion, remove any comment or post that it finds unlawful or in violation of these terms and may decline to award Points for such content.
If a Point-earning activity requires posting content, you further agree clearly and prominently disclose your “material connections” with iTalkBB (i.e., the fact that a post is “Paid”, an “Ad” or “sponsored by iTalkBB”), and to comply with the most recent Federal Trade Commission Guides Concerning the Use of Testimonials and Endorsements in Advertising (“FTC Guides”), including any updates, additions, modifications, or supplemental guidance to the FTC Guides, in connection with any point-earning posts hereunder. This disclosure is required regardless of any space limitations of the medium (e.g., Twitter). Where the disclosure can be made via hashtags, such as #sponsored, #paid or #ad these should appear at the beginning of the post. Note that while iTalkBB may provide recommendations and options for disclosures, iTalkBB will not be responsible for any failure by you to comply with the FTC Guides or the law. Statements you make in point-earning posted content should always reflect your honest and truthful opinions and actual experiences. You should refer to iTalk’s FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (www.ftc.gov/opa/2009/10/endortest.shtm).
Your earned Points can be redeemed for rewards listed on the redeem page at https://italkbbtv.com/u/rewards/sweepstakes (“Rewards”). There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. Once you order a Reward, you cannot cancel it or return it for a refund of Points except in the case of defective products or as required by applicable law. If you order a Reward that is out of stock or unavailable for other reasons, we may substitute a Reward of comparable value or refund your Points. iTalkBB may update or discontinue the offered Rewards from time to time. Gift Card Rewards will be issued by a third party and are subject to separate terms and conditions. You are responsible for all federal, state, and local taxes and any other costs of accepting and using a Reward. Upon request, customers who redeem Points for Rewards must provide detailed personal and tax information to iTalkBB to enable iTalkBB to comply with Federal and State tax notification and filing requirements. Rewards will be emailed to the email address used to register, so please keep your email address up to date. Rewards that are undeliverable will not be reissued and may be forfeited. Rewards are not for resale.
Without notice to you, iTalkBB reserves the right to suspend any Account and/or terminate your Account and/or your participation in the Rewards Program for any reason in its sole discretion, including without limitation if iTalkBB determines in its sole discretion that (i) you have violated these iTalkBB Rewards Program terms or the website or mobile app terms, (ii) you have more than one Account, (iii) the use of your Account is unauthorized, deceptive, fraudulent, inappropriate, abusive, hostile, or unlawful, (iv) you have failed to pay iTalkBB amounts due, or (v) you have engaged in any misconduct or wrongdoing in connection with the iTalkBB Rewards Program. Nothing contained in the Terms of Use will limit iTalkBB in the exercise of any legal or equitable rights or remedies.
iTalkBB reserves the right to update, change, revise, or modify the iTalkBB Rewards Program terms at any time in its reasonable discretion upon prior notice to participants. If you continue to participate in the iTalkBB Reward Program after receiving such notice, you will be deemed to have accepted such changes. iTalkBB reserves the right to immediately cancel your ability to earn Points and redeem for Rewards if iTalkBB believes, in its sole discretion, you are tampering with, abusing, or defrauding the iTalkBB Rewards Program, have breached these terms, or are ineligible to receive a Reward for any reason.
NO PURCHASE NECESSARY. Open to legal residents of the 50 United States and D.C., and Canada (excluding Quebec), 18 years or older or the age of majority in place of residence, whichever is older. VOID WHERE PROHIBITED. Enter Sweepstakes: Find Start and End Date of each Sweepstake at https://italkbbtv.com/u/rewards/sweepstakes by redeeming iTalkBB Rewards points at [sweepstakes tab] or submitting a free entry via mail to Attention Rewards, [1600 Tysons Blvd. Ste 750 McLean, VA 22102 (all Sweepstakes entries must be from individuals who have Registered with Sponsor, Consented to participate in the Rewards and Sweepstakes and have provided identity information to Sponsor]. Prizes to be won for each Sweepstakes (including the number and approximate retail value of each prize) are listed at https://italkbbtv.com/u/rewards/sweepstakes. Winners will be selected by random draw. Canadian residents selected as potential winners must correctly answer a time-limited skill-testing question. Chances of winning depend upon the number of entrants. For Official Rules including entry limitations and prize descriptions, visit https://italkbbtv.com/u/rewards/sweepstakes. Exclusive Sponsor: iTalk Global Communications, Inc., 1600 Tysons Blvd. Ste 750 McLean, VA 22102, is the Exclusive Sponsor of iTalkBB Rewards and the Sweepstakes.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS AGREE TO ONLY PURSUE CLAIMS AGAINST SPONSOR AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
ITALK GLOBAL COMMUNICATIONS, INC. AND ITS AFFILIATED COMPANIES ARE THE EXCLUSIVE SPONSORS OF THE SWEEPSTAKES. NO UNAFFILIATED COMPANY INCLUDING, WITHOUT LIMITATION, APPLE AND GOOGLE ARE SPONSORS OF THE SWEEPSTAKES.
ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The iTalkBB Sweepstakes (“Sweepstakes”) START DATE AND TIME Eastern Time (ET) and END DATE AND TIME ET for each Sweepstakes are listed at https://italkbbtv.com/u/rewards/sweepstakes (the “Sweepstakes Period”).
The Sweepstakes is only open to individuals who (a) are a legal resident of and located in the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec) (b) are at least eighteen (18) years old or the age of majority in their jurisdiction of residence, whichever is older, (c) have downloaded the iTalkBB app (free) or participate on Sponsor’s website, (d) Registered with the Sponsor on the iTalkBB app or Sponsor’s website to provide identity information, and (e) Consented to participate in the Rewards and Sweepstakes Programs. Employees of iTalkBB Global Communications, Inc. (“Sponsor”) and its affiliates, subsidiaries, divisions, advertising, and promotion agencies (“Sponsor Entities”) and their immediate family members (parents, children, siblings, spouses) and those living in the same household of each, are not eligible to participate in this Sweepstakes. All federal, state, provincial, territorial, and local laws and regulations apply. Void where prohibited by law.
To enter the Sweepstakes, you must download the iTalkBB app (free) or participate on Sponsor’s website and do the following during the Sweepstakes Period:
All Entries must be submitted and received by Sponsor during the Sweepstakes Period. PLEASE NOTE THAT ALL MAIL ENTRIES MUST BE RECEIVED BY SPONSOR BY THE END OF ANY PARTICULAR SWEEPSTAKES TO BE ELIGIBLE TO WIN THE PRIZE.
Maximum of three (3) Point Entries or 3 Mail Entries per person per day. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending will not be deemed to be proof of receipt by Sponsor. In the event of a dispute over the identity of a potential winner, the winning Entry will be declared made by the authorized account holder of the email address used to enter (including the email address associated with any iTalkBB account used to enter), and any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder. Entries become the sole property of Sponsor and will not be returned. Correspondence and inquiries regarding the Sweepstakes will not be acknowledged or answered.
Entries will be selected in a random drawing from among all eligible Entries received during the Sweepstakes Period as a potential “Winner”.
The Sponsor will attempt to notify potential Winners by email at the email address submitted with the entry or designated for the iTalkBB account used to enter the Sweepstakes. In order for a potential Winner to be declared a Winner and be eligible for the prize, the potential Winner must have complied with, and remain in compliance with, these rules. Sponsor may require potential Winner to sign and deliver to the Sponsor, within three (3) business days after the Sponsor’s request, a standard declaration and release form, which may include an affidavit of the entrant’s eligibility and compliance with these rules, an acceptance of the prize as awarded, and except where prohibited, a publicity release and a liability release. The potential Winner may be required to provide proof of identity, residency, age and other documentation. If the potential Winner fails to comply with all requirements in this paragraph and the next paragraph, refuses the prize, is found to be ineligible, or fails to comply with the instructions contained in the prize notification or to provide any requested documentation within that time period, Sponsor reserves the right to disqualify such potential Winner and choose an alternate Winner from among the remaining eligible entries through a random drawing. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate Winner.
For Canadian Residents Only: Before being declared a winner, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered in person (including virtually via online video conference), by telephone, e-mail or mail at Sponsor’s discretion, within three (3) business days after the Sponsor’s request.
The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes.
To view the number of Winners or description of Prizes for each Sweepstakes visit [https://italkbbtv.com/u/rewards/sweepstakes] . No substitution, transfer or assignment of a Prize is permitted, except Sponsor may substitute another prize of approximately equal or greater value if the advertised Prize or any portion of the Prize is unavailable for any reason. Winner is solely responsible for any applicable and unspecified expenses in conjunction with acceptance/use of the Prize, including federal, state, provincial, territorial, and local taxes, fees, gratuities, transportation, and/or accommodations. All federal, state/provincial/territorial and/or local income and other taxes, if any, are the winner’s sole responsibility. Upon request, Winners must provide detailed personal and tax information to iTalkBB to enable iTalkBB to comply with Federal and State tax notification and filing requirements. Limit: one (1) prize per person and per household during any 60-day period. Odds of winning a prize depend on the number of eligible Entries received.
As a condition to entering this Sweepstakes, each entrant must accept and agree to these Official Rules, which become a binding legal agreement between entrant and Sponsor. Therefore, please read these Official Rules prior to entry and participation to ensure you understand and agree to them. Each entrant agrees that all decisions of the Sponsor relating to the Sweepstakes or these Official Rules shall be final and binding.
By entering the Sweepstakes, and to the maximum extent permitted by law, each entrant agrees to and hereby releases Sponsor and all of the Sponsor Entities and any of their directors, officers, employees, and agents from any and all liability, losses, costs, damages, or injuries arising out of his/her participation in this Sweepstakes, with respect to the awarding, receipt, use and/or misuse of any prize, or participation in all stages of the Sweepstakes, or any other Sweepstakes-related travel or other activity, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
Any personally identifiable information, including, but not limited to, name, e-mail address, physical address, telephone, and mobile phone number (“Personal Information”) provided by an entrant hereunder will be collected by Sponsor. Such Personal Information may be used by Sponsor for the purposes of administering the Sweepstakes, contacting Entrants during the Sweepstakes, and notifying and publicizing the Prize Winners and may be shared with partners, and otherwise will be handled in accordance with the Sponsor’s privacy policy at https://www.italkbb.com/us/chs/terms-conditions.html#Privacy.
Each entrant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes or the Official Rules will be resolved in accordance with the provisions set forth in this Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration before JAMS or its successor in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, all in accordance with accordance with the JAMS Streamlined Arbitration Rules and Procedure then prevailing ("JAMS Rules"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claim will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL OF ENTRANT'S CLAIMS, JUDGMENTS AND AWARDS TO ENTRANT WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARS ($100), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By participating in the Sweepstakes, entrants and Prize Winners agree that their name, image, likeness, biography, city, and state or province may be used for any advertising and promotional purposes at Sponsor’s discretion in any and all media now known or hereinafter developed without territorial or time limitations, or right of approval, and for no additional compensation, except were prohibited or restricted by law.
The Prize Winners for each Sweepstakes will be posted at https://italkbbtv.com/u/rewards/sweepstakes.
iTalk Global Communications, Inc., 1600 Tysons Blvd. Ste 750 McLean, VA 22102.