Sunbit Holiday Giveaway Terms and Conditions
What is the Sunbit Holiday Giveaway (“Promotion”) program?
This program offers one person in a dental practice (“Eligible Merchant”) the opportunity to be entered into a giveaway by participating in a roughly thirty (30) minute virtual demonstration (“Demonstration”) with Sunbit, Inc. (“Sunbit”) between November 1, 2022 and December 20, 2022 (“Promotion Period”) regarding the services Sunbit provides.
How do I participate?
During the Promotion Period, an Eligible Merchant must fill out a lead form, attend a Demonstration with a Sunbit representative, and include a valid email address. By providing your email address, you agree to us collecting and using your email address for the purposes of prize notification and fulfillment. Upon completion of the Demonstration, you automatically will be entered with one (1) entry into the giveaway.
What are the giveaways?
The giveaways include one (1) $250 Amazon gift card, one (1) Apple Airpods Pro, one (1) KitchenAid – Pro 5 Plus 5 Mixer, one (1) Samsung – 65″ TV, one (1) Google – Nest Learning Smart Wifi Thermostat, one (1) $250 Target Gift Card. Sunbit reserves the right, in its sole discretion, to substitute a similar product of similar value.
No purchase or payment of any kind is necessary to be entered to win.
Who is an Eligible Merchant?
An Eligible Merchant must meet the following criteria:
It must operate a dental practice.
It must be located in the United States.
It must not be a current Sunbit partner.
It must have not completed a Demonstration in the last sixty (60) days.
It must not have been a Sunbit partner within the last twelve (12) months.
It must not have previously had a partner relationship with Sunbit that was terminated by Sunbit.
It must not currently be in negotiations with Sunbit to become a Sunbit partner.
Who can receive the reward at the Eligible Merchant?
One person at an Eligible Merchant, who is at least 18 years old (or the age of majority in the state or jurisdiction in which you reside) and a legal resident of one of the fifty United States or the District of Columbia, who has the authority to determine whether to offer Sunbit’s services, must attend a Demonstration with Sunbit between November 1, 2022 and December 20, 2022.
If the person attending the Demonstration has authority over more than one office location that Sunbit’s services may apply to, only one giveaway entry will be provided to this person with the Eligible Merchant.
The person who has authority to determine whether to offer Sunbit’s services must fill out the lead form and attend the demonstration. The e-mail that is associated with the lead form will be entered into the giveaway, provided that the person meets all of the requirements in these Terms and Conditions.
How do I get my reward?
On or about December 31, 2022, winners for each prize will be selected by random drawing conducted by Sunbit from among all eligible entries received. 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 in 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. All winners will be notified on or about December 31, 2022. Gift Card winners will be sent their gift card via email. Gift cards must be accepted and activated within thirty (30) days from the date of the email, or they will automatically expire and no longer be available. Those that win physical prizes will be contacted via email to confirm their shipping address. You are solely responsible for providing your correct email address on the lead form and any other required information during the Promotion. You must respond within three (3) days of receipt of an email with your shipping address, should you win one of the physical prizes. If you do not respond within three (3) days, you forfeit your prize winning. Sunbit will not be legally responsible for loss or failure of delivery of the Gift Card or physical prizes, or if the incorrect email address, shipping address and other required information was not provided. Sunbit has no further obligation once it issues a Gift Card to the email address provided in the lead form or ships the physical prizes to the winners.
Sunbit reserves the right to refuse to allow any particular Eligible Merchant to participate in the Sunbit program.
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, 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. Sunbit reserves the right to issue an IRS form 1099 to winners obtaining prizes equal to $600 or more in any single calendar year. 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 Amazon, Target, Samsung, Apple, Google, or KitchenAid other than providing Gift Cards or physical prizes to Eligible Merchants at Sunbit’s expense. Sunbit shall not be liable for any action, inaction, technical issues or difficulties, or other problems encountered with Amazon, Target, Samsung, Apple, Google, or KitchenAid when attempting to access or use the Gift Card or physical prize.
This Promotion is governed by the laws of the United States. Participation constitutes entrant’s full and unconditional agreement to these Terms 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 Terms 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 Terms; 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 Terms; and/or (c) award the prize at random.
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.
Limitations of Liability
Neither Sunbit nor it’s 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.
THE HOLIDAY GIVEAWAY AND PRIZES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF ANY GIFT CARD OR PRIZE PROVIDED IN CONNECTION WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.
IN NO EVENT SHALL SUNBIT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) PARTICIPATION IN THE PROMOTION, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROMOTION OR ANY PRIZE, EVEN IF SUNBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SUNBIT (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE PROMOTION EXCEED: $250 FOR THE TARGET GIFT CARD WINNER, $239 FOR THE APPLE AIRPODS PRO WINNER, $300 FOR THE KITCHENAID PRO 5 PLUS MIXER WINNER, $500 FOR THE SAMSUNG 65” TV WINNER, $250 FOR THE GOOGLE NEST LEARNING SMART WIFI THERMOSTAT WINNER, $250 FOR THE TARGET GIFT CARD WINNER.