Sunbeast Vacation Challenge – Terms and Conditions
Sunbeast Vacation Challenge
Official Terms & Conditions (“Terms”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Sunbeast Vacation Challenge (“Promotion”) consists of a prize-draw giveaway. The Promotion begins 12:01 a.m. Pacific Time (“PT”) June 1, 2023 and ends at 11:59 p.m. PT on June 14, 2023 (the “Promotion Period”). Sunbit, Inc. (“Sunbit“) sponsors the Promotion.
1. Eligibility. Open only to legal residents of one of the 50 United States and the District of Columbia, who are at least the age of majority in their state of residence at time of entry, and are active Sunbeast associates. All eligible participants must click the sign-up link on the Sunbeast mobile app. Participation constitutes entrant’s full and unconditional agreement to these Official Terms & Conditions and to Sunbit’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sunbit reserves the right to verify the eligibility of winners. Employees, officers, and directors of Sunbit, Inc. or any of its parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win.
2. How to Participate. During the Promotion Period, Sunbeast associates must click the sign-up button on the Sunbeast mobile app. Upon completion of two (2) Sunbit purchases, you automatically will be entered one (1) entry into the Promotion. Each additional Sunbit purchase will get you one (1) additional entry into the Promotion.
3. Winner Selection. On or about June 19, 2023, two (2) winners will be selected for the Prize, identified in Section 4 below, by random drawing conducted by Sunbit from among all eligible entries received. The odds of winning a prize will depend on the number of eligible entries received. All Promotion winners and entry counts are subject to verification by Sunbit. Sunbit will make determinations of winners at its sole discretion. All decisions of Sunbit are final and Sunbit will have sole discretion and authority to resolve any issues arising from this Promotion. Winners will be determined on or about June 19, 2023, and will be notified by phone and email on or about June 19, 2023. All gift cards will be sent via email. Sunbit will not be legally responsible for the loss or failure of delivery of the Prize, or if the incorrect email address or other required information was not provided. Sunbit has no further obligation once it issues a Prize to the email address provided in the associate’s Sunbeast account.
4. Prizes. Each winner may choose up to two (2) electronic gift cards from either Hotels.com, Airbnb, Delta Air Lines, Southwest Airlines, or Alaska Airlines for a total of $1,000.000 (“Prize”).
5. Prize Restrictions. Additional terms and conditions may apply to gift cards, such as expiration dates and other limits on the use; see https://www.hotels.com/lp/b/giftcards; https://www.airbnb.com/giftcards; https://www.delta.com/us/en/gift-cards/overview; https://www.southwest.com/html/air/products/gift-card-terms-and-conditions.html; and https://www.alaskaair.com/content/mileage-plan/my-account/gift-certificate-terms for additional terms. Sunbit is not responsible for any problems you may have with Hotels.com, Airbnb, Delta Air Lines, Southwest Airlines, or Alaska Airlines. Questions about their specific services should be directed to them.
All details and specifications for prizes not specifically detailed in these Terms will be decided by Sunbit in its sole discretion. All prizes properly claimed will be awarded. No more than the stated number of prizes will be awarded. Prizes are non-transferable and no substitutions or cash redemptions are permitted, except, Sunbit may replace any prize with a substitute prize of equal or greater value, in its sole discretion, including due to unavailability. If any prize or prize notification is returned as undeliverable, if any potential winner is determined by Sunbit (in its sole discretion) to be ineligible, or if any potential winner declines to take all steps necessary to claim or accept a prize within forty-eight (48) hours, then the prize will be forfeited and an alternate winner will be selected. All expenses associated with winning a prize, including, but not limited to, transportation and delivery charges, will be paid by Sunbit. An IRS form 1099 will be provided to the IRS in each Winner’s name. Winners will be responsible for all federal, state and local taxes on prizes won, and may be required to fill out and return to Sunbit certain tax forms in the timeframe specified by Sunbit. For larger prizes, Winner may, in Sunbit’s sole discretion, receive an additional amount from Sunbit to help defray the taxes associated with the prize. Sunbit makes no representation that this amount will be sufficient to cover all taxes. The awarding of any prize is contingent on the winner’s full compliance with these Terms, as determined by Sunbit in its sole discretion. Sunbit is not responsible for lost, late, illegible, misdirected, mutilated, damaged, incomplete entries or mail or postage-due mail. Sunbit will be the sole judge of eligibility and prizes issued by Sunbit are final. Sunbit reserves the right to reclaim a prize in the event it is awarded in violation of these Terms or based upon fraud or misconduct of any kind. Awards and qualifications of winners are subject to validation by Sunbit in its sole discretion. If a winner is found to have falsified any data or material, winner forfeits his or her prize and is disqualified, and an alternate winner will be selected in the manner described above. As between participants in the Promotion and Sunbit, Sunbit’s records will determine the calculations required for entries into the drawing and Sunbit’s decisions with respect to those calculations will be final, binding and non-appealable. SUNBIT MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF ANY OF THE PRIZES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Sunbit has no affiliation, control, or relationship with Hotels.com, Airbnb, Delta Air Lines, Southwest Airlines, and Alaska Airlines, other than providing Gift Cards to eligible winners at Sunbit’s expense. Sunbit shall not be liable for any action, inaction, technical issues or difficulties, or other problems encountered with Hotels.com, Airbnb, Delta Air Lines, Southwest Airlines, and Alaska Airlines when attempting to access or use the Gift Card.
6. General Conditions. This Promotion is governed by the laws of the United States. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sunbit’s decisions, which are final and binding in all matters related to the Promotion. Sunbit and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sunbit. Sunbit’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. NOTE: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO INTERFERE WITH OR DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SUNBIT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sunbit reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms with the spirit of these Official Rules; and/or (c) award the prize at random.
7. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Sunbit in connection with the Promotion will 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.
8. Limitations of Liability. Neither Sunbit nor its respective affiliates, subsidiaries, divisions or related companies are responsible for any damages, losses, taxes or expenses of any kind that a participant might incur as a result of his or her participation in the Promotion or the awarding or receipt of a prize. Sunbit assumes no responsibility for any incorrect or inaccurate information, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or theft, destruction, unauthorized access to, or alteration of, entries, whether caused by site users, hardware, software, or by any technical or human error that may occur in the processing of submissions. Sunbit is not responsible for any email transmission failures, problems, delays, viruses, interruptions or technical malfunctions, including without limitation, temporary outages, of any telephone network or lines, computer systems, servers, service providers, networks, computer equipment, software, technical problems or traffic congestion on the Internet or at any site, or any combination thereof, including injury or damage to any computer or network. Recipients of prizes assume all liabilities for any damage caused or claimed to be caused by the use or redemption of any prize. Sunbit is not responsible for any typographical or other errors in connection with the Promotion. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sunbit which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sunbit reserves the right at their sole discretion to cancel, terminate, modify or suspend this Promotion. BY ACCEPTING A PRIZE, WINNERS AGREE THAT SUNBIT AND IT’S RESPECTIVE PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH ASSUME NO LIABILITY WHATSOEVER AND SHALL BE RELEASED, INDEMNIFIED AND HELD HARMLESS BY WINNERS FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. Participants 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 releases hereunder are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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.
BY PARTICIPATING, EACH PARTICIPANT FURTHER AGREES TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 ONE THOUSAND DOLLARS ($1,000.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.
9. Winners’ List. For a list of prize winners, send a stamped, self-addressed envelope to Sunbit, Inc., PO Box 24010, Los Angeles, CA 90024. Requests must be received no later than 180 days following the close of the Promotion Period. For a copy of these Terms, send a stamped, self-addressed envelope to Sunbit, Inc., PO Box 24010, Los Angeles, CA 90024. Requests for Terms must be received no later than the close of the Promotion Period.
Effective Jun 1, 2023