SWEEPSTAKES RULES
The following promotion is intended for persons who are residents of the United State of America (including its territories, possessions, and commonwealths). The promotion contains specific rules, restrictions, limitations, conditions, and disclosures (jointly referred to as “the Rules”). Do not enter the promotion unless you have reviewed and agree to abide by the rules contained herein.
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED.
I. The Sweepstakes and Its Prizes
A. This Sweepstakes (“Sweepstakes”) Sweepstakes is sponsored by SBM Ventures, LLC (Sabrispantry.com) (“Sponsor(s)”). It will award a Prize of a Instant Pot Cooking Device, hereafter referred to as the “Prize” and as further described below.
B. The Prize shall consist of the Instant Pot. The actual retail price of the prize may fluctuate based on market conditions. The item to be awarded and all components included in the Prize may be replaced by substitution of a commercially reasonable substitute within the same commercially reasonable equivalent range of value, to be determined at Sponsor’s sole discretion, as made necessary by conditions outside of the Sponsor’s control.
C. Your odds of winning depend upon your submitting one qualifying entry within the rules set out below in Section II, entitled “Entry Procedures.” All qualifying entries have an equal chance of winning. The odds of any single qualifying entry winning the Sweepstakes then become one chance out of the total number of qualifying entries. For example, if you submit one of a total of 1,000,000 qualifying entries, your chances of winning are 1/1,000,000.
D. The Prize awarded shall be the Instant Pot, except as may be allowed by Paragraphs I. B., IV. A. and V.D. of these Rules.
II. Entry
A. Entry Procedures
To enter the Sweepstakes, entrants must go to the Promotion Page on the Sponsor website, located at https://sabrispantry.com/instant-pot-giveaway/and complete the online entry form. The entry form requires completion of the form through submission of the entrants’ (a) email address; and (b) other Registration Data as requested. The form must be submitted in strict compliance with the instructions as directed on the Promotion Page.
B. One Entry
Each qualifying entry entitles an entrant to one entry in the Sweepstakes and each entrant is entitled to a maximum of one entry per Sweepstakes. Any attempt by any person to obtain more than the permitted number of entries in any manner—by using multiple mobile devices, different identities, different registrations or different usernames, automated systems, or any other method–will void all Entries by that participant and disqualify that participant. Sponsor reserves the right to determine in its sole and reasonable discretion whether an entry is fraudulent, incomplete or otherwise invalid.
C. No Purchase
No purchase is necessary in order to enter the Sweepstakes or to win. A purchase will not improve your chances of winning. The failure to purchase will not prejudice you from winning this or future Sweepstakes.
D. Consent to Receive Marketing Messages
By entering the Sweepstakes, you consent to receive from Sponsors and their partners: marketing materials, commercial emails, texts, automated dialer and artificial voice messages, and other electronic and written communications. Your consent to receipt of these communications is indicated by your submitting an entry form under Paragraph II above. You agree that your entry constitutes the prior express consent required under the Telephone Consumer Protection Act, CAN-SPAM Act, California Consumer Protection Act, Telemarketing Rule, and other applicable statutes as currently existing or as amended.
E. Opt Out
You may opt out of receipt of marketing messages, using the provisions of Sabri’s Pantry Privacy Policy, found here: https://sabrispantry.com/privacy-policy/. Your opting out of receipt of marketing messages will not affect your chances of winning any Sweepstakes.
E. Consent to Publicity
By entering into the Sweepstakes, each entrant consents to the use by Sponsor and their designees of entrant’s name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Sponsors’ partners content, in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law. In addition, entrants agree that as a winner of the Sweepstakes, they will sign any agreements and releases with respect to their services and performances as required by Sponsor. These agreements and releases may include granting to Sponsor the entrant’s publicity rights in any of Sponsor’s video presentations (live, videotaped, online or broadcast), marketing materials or communications.
F. Opening and Ending of Promotion
The Promotion begins at 9 AM Eastern Standard Time on Nov. 20, 2020 and ends at 9 AM Eastern Standard Time on December 30th. All entries must be received after the Opening Date and before the Closing Date, a period referred to as the “Promotion Period.” Whether entries are timely shall be adjudged by the Sponsors in their sole discretion.
G. Identification
Each entry shall be identified by a unique identifier, which shall be the entrant’s e-mail address. These unique identifiers shall be collected and stored in the Promotion Database. For purpose of these Sweepstakes Rules, the “Promotion Database” shall be defined as the entire list of valid entries generated during the Promotion Period.
III. Eligibility
A. Only persons entering the Sweepstakes by registering online are eligible to enter the Sweepstakes.
B. The Sweepstakes is subject to all applicable Federal, State and Local laws and regulations applying to Entrant’s entry into the Sweepstakes and potential receipt of the Prize. The entrant is solely responsible for determining the legality of the receipt and possession of the Prize described in these Rules in Entrant’s jurisdiction.
C. Only residents of the United States may enter this Sweepstakes.
D. Only persons who are at least 21 years of age as of the Opening Date of the Sweepstakes are eligible to enter.
E. Persons who are prohibited by Federal or State law from acquiring or possessing the Prize because of the law in their jurisdiction or a personal legal or medical disability are not eligible to enter this Sweepstakes.
F. Persons Related to Sponsors or their Partners
Certain persons are ineligible to enter the Sweepstakes or to win any Prize because of their relationship to the Sponsor or the Sponsor’s partners: these include employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses regardless of where they reside) of Sponsors, and any other participating parties and each of their respective parent companies, subsidiaries, dealerships, and affiliates, and their advertising and promotion agencies and all local sponsors. Sponsor reserves the right to conduct a background check on any potential Prize winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that the apparent Winner is not eligible to win a Prize.
IV. Awards
A. Selection
One (1) potential Prize winner will be chosen by Sponsor in a random drawing from among all eligible entries received during the entire Sweepstakes Period. The selection shall be made within seven (7) days of the Closing Date by an independent third party who is not eligible to win the Sweepstakes or through the use of a randomizing and anonymous sweepstakes management program or “app.”
B. Notification
The potential Prize winner will be notified via e-mail within ten (10) days after selection of a winner, except as provided in Paragraph IV. C below.
C. Verification of Identify of Potential Winner
i. All Prize winners will be notified by email within seven (7) days of the applicable drawing date. The Prize winner may be required to sign an affidavit of eligibility and release of publicity/liability (“Affidavit”) within seven (7) days of notification.
ii. If any email is returned as undeliverable, and a potential Prize winner cannot be contacted within seven (7) days of the first attempt to contact him/her, fails to return the signed Affidavit within seven (7) days, or if the potential Prize winner is deemed ineligible for any other reason in Sponsor’s sole discretion, including failure to comply with these Official Rules, the applicable Prize award to the referenced potential winner shall be forfeited, the Prize winner shall be disqualified, and an alternate Prize winner will be selected as noted below.
iii. The potential Prize winner shall be subject to eligibility verification. The potential Prize winner will be required to provide verification of their identity and proof of their entry. The winner must then execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), and to return both documents within thirty (30) days following notification of their eligibility for award. Non-compliance within this time period shall result in forfeiture of the Prize and an alternative Prize winner will be selected. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from the potential Prize winner within the required response period. The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor in order for a Prize to be awarded. In the event of a dispute, the information provided by entrant and maintained by Sponsor will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
D. Substitute Winner
Should a winner fail to respond to notification, or should notification be returned undelivered after three attempts to notify a potential winner, Sponsor will follow the procedure set out in Paragraph V. E. below.
V. Other Provisions
A. All entrants must make every effort to keep their contact information up to date, so notifications from the Sponsor with respect to the Sweepstakes are possible. Sponsor will rely only on the entrants’ supplied data for any Sweepstakes communication and shall have no duty to investigate contact information for any entrant.
B. Obtaining A List of Winners
The person requesting a list of winners may send a self-addressed stamped envelope with a request for the list referencing this Sweepstakes specifically, to the following address:
SBM Ventures
11600 Sandy Run Rd
Jupiter, FL. 33478
C. Sponsor shall not be liable for any communications by itself, its partners, or entrants which are lost, disappear, are unable to be transmitted or are garbled in transmission.
D. Indemnity
By entering the Promotion and/or accepting any prize, all entrants expressly agree to forever defend, indemnify, hold harmless, waive, release, discharge, and covenant not to sue Sponsor or any Related Parties for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to the Promotion; these Official Rules; entrant’s entry; the claimed negligence of Sponsor or the Related Parties; the marketing or use of any entry information by Sponsor or the Prize manufacturer in accordance with these Official Rules; the acceptance, possession, misuse or use of any prize; or any participation in the Promotion.
E. Substitution and Termination Without Award
1. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Sweepstakes, or any portion thereof, should completion of the award prove impossible. Should sponsor attempt to contact a potential Prize winner and be unable to contact the winner or not obtain required documentation, Sponsor may select an alternate potential Prize winner. Should Sponsor attempt to contact three alternate potential Prize winners and again be unable to do so or not receive required documentation, Sponsor may in its own reasonable discretion determine that no Prize can be awarded and terminate the Sweepstakes without award.
2. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Sweepstakes, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity, security, fairness or proper conduct of the Sweepstakes. In such event, Sponsor, at its discretion, may select winners from the eligible, non-suspect Entries received prior to the event requiring such termination, cancellation or suspension. Sponsor and its affiliates, officers, directors, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by technical or human error which may occur and/or which may damage a user’s system or limit Entrant’s ability to participate and/or redeem Prizes in the Sweepstakes.
F. Governing Law
Except where prohibited, Entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant(s), Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the Prize, shall be filed only in the state or federal courts located in the State of Florida and the Entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
G. RESOLUTION OF DISPUTES AND MANDATORY BINDING ARBITRATION
Except where prohibited by law, by participating in this Sweepstakes the Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the Prize, shall be resolved to the fullest extent permitted by law, to resolve disputes through Mandatory Binding Arbitration. Mandatory Binding Arbitration shall be conducted under commercial rules for arbitration sponsored by the American Arbitration Association (“AAA”). Jupiter, FL. shall be the venue for any such arbitration process (or, if no arbitrator is available in Jupiter, then the venue shall be the location of the nearest AAA Arbitrator within no more than 50 air miles of Jupiter, FL).
BY ENTERING THIS SWEEPSTAKES YOU DEMONSTRATE YOUR AGREEMENT TO BE BOUND BY THIS MANDATORY BINDING ARBITRATION AGREEMENT. YOUR AUTHORIZATION MEANS THAT BY AGREEING TO THESE RULES, YOU UNDERSTAND THAT YOU ARE ALSO AGREEING TO THIS ARBITRATION AGREEMENT, WHICH ENTAILS GIVING UP THE RIGHT TO A TRIAL BY A STATE TRIBUNAL AND TRIAL BY JURY.
If for some reason these arbitration requirements are held inapplicable or void or held not to apply, or if for any reason a claim relating to this Sweepstakes proceeds in court, SBM Ventures LLC. and you each agree that (a) in that event any formal dispute resolution will proceed individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and entrant hereby waives all rights to claim, either punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and also waives any and all rights to have damages multiplied or otherwise increased. This provision for a limitation on damages shall be void in (and only in) jurisdictions that do not allow the limitations or exclusion of liability for incidental or consequential damages.
H. Written Copy of Rules
Any person desiring a complete written copy of these rules may send a self-addressed and stamped envelope with a request for these rules to the following address:
SBM Ventures
11600 Sandy Run Rd
Jupiter, FL. 33478
I. Any person who has entered the Sweepstakes but wishes to request that their name be removed from the Sponsor’s or a Partner’s mailing list or equivalent database may send a self-addressed and stamped envelope with a request for removal to the following address:
SBM Ventures
11600 Sandy Run Rd
Jupiter, FL. 33478
Note, however, that the removal of your contact information may affect the ability of the Sponsor to provide necessary information to the Requestor, including notification relating to winning the Prize.
J. Tax Liability
The Prize winner shall be solely responsible for any and all applicable fees and taxes associated with receipt and use of the Prize, and Sponsor may provide the Prize winner with an IRS Form 1099 reflecting the actual final retail value of the Prize.
K. Privacy Policy
These Rules, and any information gathered and maintained by Sponsor are subject to the Privacy Policy of Lone Survivalist Inc. which may be found at https://sabrispantry.com/privacy-policy/
