Official Sweepstakes Rules & Information
Effective Date: December 1st, 2020
Official Campaigns
The complete list of the official sweepstakes campaigns, including details, winners and important dates is available at http://www.sabadashapp.com/sweepstakes/contests.cfm.
HOW IT WORKS
Each campaign is a multi-purpose multipurpose effort. First, we (Sabadash) work with Beer By
Bike Brigade (BBBB), a U.S. 501(c)(3) tax-exempt charity, which receives all,
or most, donations made through Sabadashs online platform (Platform) and
makes grants to charitable causes. In partnership with BBBB, our campaigns bring
together well-known companies who can serve as prize providers (Prize
Providers) and who allow the use of their logo and name on our Platform. The
prizes (Prizes) are ones that almost anybody (see restrictions below) can enter to
win.
We use our Sabadash mobile app to manage all of our Campaigns, including the
participation of Participants. This minimizes our expenses and allows Sabadash to
put more funds back into the local community through BBBB and other channels.
Eligibility
Participants (You) in any sweepstakes sponsored by Sabadash, Inc. must be legal
residents of the United States. We currently exclude legal residents of Alaska,
Florida, Hawaii, New York, and Rhode Island from participating in sweepstakes that it is promoting. All participants must be 18 years or older, unless specified in the rules governing a future, specific sweepstakes.
All full or part-time employees of Sabadash, Inc., members of their households and
immediate families (e.g. parents, spouses, domestic partners, siblings and children)
are ineligible. Further, all board members and/or employees of Partner Charities
and their households and immediate families are ineligible along with any
employees of the sweepstakes Prize Partner and their households and immediate
families.
From time to time, we may limit the frequency of how often an individual is
eligible to win a prize within a defined time frame.
Any individual who uses a bot, software, any other codes, other mechanical or
technological methods for the purpose of entering into a sweepstakes in a manner
that provides an advantage over individuals who enter manually, will be
disqualified from the sweepstakes that they entered and all future sweepstakes and
promotions, subject to Sabadashs sole discretion. Further, if anybody attempts to
deliberately damage or undermine the legitimate operation of the
sweepstakes/campaign they may be in violation of criminal and civil laws. If
anybody deliberately attempts to damage or undermine the sweepstakes/campaign,
we may seek damages from that person to the furthest extent of the law.
Consent & Agreement to Rule
By entering and participating in the sweepstakes, the Contestant (You) agree to
be fully and unconditionally bound by these Official Rules and any additional
rules published in conjunction with a specific sweepstakes. By entering the
sweepstakes, you warrant that you meet the eligibility requirements. Further, you
agree to accept the decisions of Sabadash, Inc., promoter of this sweepstakes, as
final and binding as it relates to the rules of this sweepstakes.
As a contestant in the sweepstakes, you waive any right to claim ambiguity with
respect to these Official Rules or any additional rules published in conjunction
with a specific, future sweepstakes. You also agree to waive all of your rights to
bring any judicial claim or action against Sabadash, Inc., its Partner Charities or
Prize Partners.
In lieu of a claim in front of a judge in court, you agree to settle any disputes with
Sabadash, Inc., or its partner Charities or Prize Partners in relation to any
sweepstakes promoted by Sabadash, Inc. through Arbitration; No Class Action.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY
AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE
A LAWSUIT IN COURT.
Entering and participating in the sweepstakes
constitutes your acceptance of this Arbitration provision.
As a condition of participation in a sweepstakes, each Contestant (you / your)
and Sponsor (we / us) agrees that any and all disputes, claims and causes of
action (collectively, Claims) arising out of or connected with such Game (except
for small claims court Claims, if applicable) shall be resolved exclusively by
binding arbitration under the rules of the American Arbitration Association
(AAA), including the Supplementary Procedures for Consumer-Related
Disputes, for full and final settlement of such Claim applying the Federal
Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND
AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO
COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS
CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL
BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS
REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS
IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE
PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM
PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A
JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT
INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT.
ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court
review of an arbitration award may be limited, an arbitrator is empowered to award
the same damages and relief as a court, including injunctive relief or statutory
damages. Notwithstanding the foregoing, either party may seek temporary or
emergency equitable relief to enforce its rights in any court of competent
jurisdiction.
You may seek arbitration of a Claim by contacting our registered agent at:
Sabadash, Inc. 712 Main Street, La Crosse, WI 54601. The arbitration may be
conducted via telephone, written submissions or in person at a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees
(Fees) will be governed by AAAs rules. The AAAs rules are available at:
www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a
copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will
(i) reimburse you for Fees paid by you, and (ii) will not seek reimbursement
from you for our attorneys fees and costs associated with the arbitration. You and
we further agree that any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding
except to enforce the award itself and any post-arbitration action seeking to enforce
an arbitration award or action seeking equitable or injunctive relief shall be
brought exclusively in the courts of the State of Wisconsin, or the United States
District Court for the Western District of Wisconsin. For any Claims that are not
subject to arbitration, if any: (a) the exclusive jurisdiction and venue for
proceedings involving Claims shall be the courts of competent jurisdiction sitting
within the State of Wisconsin (the Forum), and the parties hereby waive any
argument that any such court does not have personal jurisdiction or that the Forum
is not appropriate or convenient; (b) you and we waive any and all rights to trial by
jury with respect to any Claims.
How to Enter
Sabadash, Inc. provides two ways for you to enter the sweepstakes. Both are very simple and will not require much of you in terms of time or effort. To make a donation/purchase: Download the Sabadash mobile app to your smart phone from your app store. Using the app, you must create an account and then you will be able to view offers which will include sweepstakes specific offers that can be purchased for a specified donation/price and may also have associated items that you will receive after your donation/purchase. To enter for free: Visit http://www.sabadashapp.com/sweepstakes and choose the sweepstakes you want to enter. Send a postcard to Sabadash, PO BOX 3585, La Crosse, WI 54602-3585 and include the following information: name Title of the sweepstakes, your legal name, your e-mail address, phone number and your primary residence street address/city/zip code and you will receive your entry code via e-mail within 7 calendar days if your entry is valid.
ENTRY WEIGHTING
Sabadash, Inc., intends to operate each sweepstakes as fairly and equitably as
possible. We use a system so that entries are treated equally. Each free entry is
automatically assigned the equivalent value (worth) as the
chance to win when you donate the minimum required for each campaign, typically $10). Each person, identified by their legal name, primary residence address, phone number and e-mail address is limited to 150 entries, free or otherwise, per sweepstakes campaign. For example, is a person sends 200 postcards to Sabadash attempting to enter the sweepstakes 200 times, 50 postcards will be discarded and not entered into the sweepstakes.
You do not have to make a donation/purchase to enter the sweepstakes but if you
do, we may offer you certain perks. These perks are not part of the sweepstakes/campaign as they are based on donations.
Sweepstakes Start and End, Dates and Times
The start and end date for each specific sweepstakes (known as campaign) will be listed at http://www.sabadashapp.com/sweepstakes/contests.cfm. Campaigns will end at a specific time on a specific date or when a maximum amount of donations has been reached. This period of time is called the campaign window. All entries must be received within 48 hours of the campaign window ending.
Prizes
The winner of the sweepstakes/campaign will win the prize specified on the
campaign site and in the specific rules published in conjunction with the specific
campaign. The approximate retail value of the prize will also be displayed on the
campaign site or in the specific campaign rules. The prize is nontransferable and cannot be exchanged or redeemed for cash unless allowed by the rules governing a specific sweepstakes.
Sabadash, Inc. reserves the right, in our sole discretion, to substitute a prize of
equal or greater value. As Sabadash, Inc. works with Prize Partners to make all
prizes available to You, as such, all prizes are subject to availability. If a Prize
Partner does not actually deliver the specific prize to us, we wont be able to
deliver that specific prize but will substitute a prize of equal of greater value.
General Conditions
All federal, state and local taxes are the sole responsibility of you, the Winner, and
you acknowledge that the value of the Prize may be considered taxable income in
some jurisdictions. If expressly indicated on the campaign site, in addition to the
Prize, the Winner will receive a single cash payment in the form of a gift card or
corporate check which is intended to assist with any federal, state, or other tax
obligations related to the Prize (the Tax Gross-Up Payment). The Tax Gross-Up
Payment, if applicable, may not be sufficient to cover the Winners entire tax
liability related to winning the Prize. The Winner is otherwise solely responsible
for the payment of taxes to the relevant taxing authorities for all federal, state and
local income taxes and any other taxes associated with the Prize and the related
Tax Gross-Up Payment. Sponsor will comply with all tax reporting requirements.
A Form 1099 will be sent to the IRS (with a copy to the Winner) to report the
combined value of the Prize and, if applicable, the Tax Gross-Up Payment, all of
which is fully includible in the Winners taxable income. Certain prizes may have other restrictions or limitations, including, but not limited to the example below.
Prizes that include winning an automobile, boat or other vehicle: sales tax, freight,
destination charges, delivery, additional equipment, licensing, registration,
insurance, title and all other expenses on the receipt and/or use of the prize vehicle
are the sole responsibility of the Winner. The Winner of the prize vehicle is not
eligible for any cash rebate programs. Interior/exterior colors of the vehicle will be
determined by Sponsor in its sole discretion. Winner must have a valid drivers
license and proof of insurance to take delivery of prize vehicle and must take delivery
of the vehicle at a dealership to be determined by Sponsor, in its sole discretion.
Winner of vehicle prize agrees that neither Sponsor, its Partners, nor the vehicle
manufacturer has made nor is responsible or liable for any warranty,
representation, or guarantee, express or implied, in fact or in law, relative to the
prize vehicle, including but not limited to its quality, mechanical condition or
fitness, except the prize vehicle does include the manufacturers standard vehicle
limited warranty as set forth in the vehicles Owners Guide.
By participating in the sweepstakes/campaign, you agree to release and hold
harmless Sabadash, Inc., its Partners, its/their advertising and promotion agencies
involved with the sweepstakes/campaign, and each of their respective parent
companies, subsidiaries, affiliates, partners, representatives, agents, successors,
assigns, employees, officers and directors, from any and all liability, for loss, harm,
damage, injury, cost or expense whatsoever including without limitation, property
damage, personal injury and/or death which may occur in connection with,
preparation for, travel to, or participation in the sweepstakes/campaign, or
possession, acceptance and/or use or misuse of the Prize, or participation in any
sweepstakes-related activity and for any claims based on publicity rights,
defamation, invasion of privacy or Prize delivery. Entrants who do not comply
with these Official Rules or attempt to interfere with the Game in any way shall be
disqualified. Sabadash, Inc. is not responsible for any printing, typographical,
mechanical, technological, human or other errors in these Official Rules, in the
administration of the Game, in the announcement of the Prize, and/or in any
advertising or other associated promotional materials in connection with the Game.
Governing Law
The Official Rules will be governed by Wisconsin law and federal law, regardless of where you live, or from where you accessed the sweepstakes/campaign and regardless of the conflict of laws provision.
Winner Promotion
By entering into the sweepstakes or accepting the Prize, you give Sabadash, Inc. and its partners permission for to use your name, address (city and state only), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by you, the Winner (including as paraphrased statements) regarding the sweepstakes/campaign or Sponsor for advertising and promotional purposes, now and into the future. We can use this information without notice or additional compensation, in any form of media, including media that does not yet exist, except where prohibited by law.
Odds
The odds of winning a prize a sweepstakes/campaign depend on the number of eligible entries received during the campaign window. A specific sweepstakes/campaign may have approximate odds listed on the campaign website but the odds may be skewed by the number of free entries received. Typical odds of winning will be 1/2000 per entry where each entry is converted to 2 chances to win on drawing day.
Winner Selection & Notification
Within 10 business days of the close of the campaign window (or as specified in the specific sweepstakes/campaign rules on the campaign site) we will use a random automated drawing process to select a Potential Winner/Winners from among all eligible entries received. The drawing and awarding of the Prize will be conducted by us, the Sponsor. The Potential Winner will be notified by email and/or telephone. If the Potential Winner does not respond to the email and/or voicemail from us within 72 hours, that Potential Winner may be disqualified, and an alternate potential winner may be randomly selected from among the remaining eligible entries and notified in the same manner as the original Potential Winner. We will need to confirm the identity of the Potential Winner and that confirmation will be undertaken by us, through whatever means we shall deem appropriate. The confirmation process may include a background check, to ensure that the Potential Winner meets the legal standards required. The Potential Winner agrees to provide us with the information we request, including but not limited to, full legal name, date of birth and address. Upon a positive outcome of the confirmation process we will notify the Potential Winner via email. The Potential Winner must respond within the time frame designated in the email. If the Potential Winner does not respond we may move on to another randomly selected Potential Winner. We shall have no liability for the Potential Winners failure to receive notices due to spam, junk email or other security settings or if the Potential Winner provides incorrect or otherwise non-functioning contact information. If the Potential Winner rejects the Prize, or is otherwise ineligible to receive the Prize, or fails to comply with these Official Rules, another Potential Winner will be chosen in a subsequent random drawing. If for any reason a Winner chooses to reject any portion of any prize, Sponsor shall have no obligation to award the rejected or unclaimed portion of any Prize to an alternate winner.
Use of Data
We will be collecting some data from you as you enter the sweepstakes. We will only use that data in accordance with our Privacy Policy.
Winners Name or Copy of the Official Rules
If you would like know the name of the winner of any sweepstakes/campaign, to verify the validity of the campaign, or if you would like a copy of these Official Rules, send a self-addressed, postage stamped envelope to: Sabadash, Inc., c/o Winner List, PO BOX 3585, La Crosse, WI 54602-3585 no later than 30 days after the end date of the Campaign Window and well send you a list of the winners. Or you can look them up yourself on the permanent Campaigns section at http://www.sabadashapp.com/sweepstakes/contests.cfm