Important: Please read these Official Rules before entering this Contest (the “Contest”).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST.
Giveaway void where prohibited by law. Subject to applicable federal, state, and local laws.
1. Eligibility: The Giveaway is open only to legal residents of the 48 continental United States or District of Columbia (Alaska and Hawaii residents are excluded) who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) at the time of entry.
Directors, officers, members, managers, and employees of (“Sponsor”) and any respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
2. Giveaway Period: The Giveaway starts at 12:01 a.m. Pacific Time (“PT”) on February 20, 2021 and ends at 11:59 p.m. PT on February 28, 2021 (the “Giveaway Period”). All entries must be received during the Giveaway Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Giveaway.
3. How to Enter: To enter, go to www. balancedsurvival.com and fill out every field in the form found on the site. Click “Submit” once all fields are completed.
By submitting an entry as instructed through the above method (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions detailed below. Sponsor may choose to remove any Submission or disqualify you from the Giveaway if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Giveaway.
Limit: ONE ENTRY PER PERSON DURING ENTIRE GIVEAWAY PERIOD. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
4. Submission Guidelines and Restrictions
a. Your Submission must not supply untruthful, incomplete, inaccurate or misleading information.
If participating in this Giveaway via your mobile device (which service may only be available via select devices and participating wireless carriers, and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
5. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.
If there is a dispute about the identity of the entrant, entries will be declared made by the individual whose name is included with the Submission. In the event of a dispute about the identity of the entrant for online entries, entries will be declared made by the authorized account holder of the email address associated with the Submission. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to provide Sponsor with proof that the potential winner is the individual whose name was included with the winning entry or the authorized account holder of the email account associated with the winning entry.
6. Selection and Notification of Winner: The Giveaway winner will be decided by a random drawing from the total pool of entrants on March 1, 2021. The drawing will be performed by an officer of Emergency Essentials Holdings, LLC. Giveaway winner will be notified via the email or phone number included with their Submission.
Sponsor may require winner to sign and return, within seven days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the potential winner does not respond to the attempted notification within seven days; (ii) the attempted notification is returned as undeliverable without a forwarding address; (iii) any required documents are not returned within seven days, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iv) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and will be awarded to an alternate winner in accordance with the Judging Criteria. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, the prize will be awarded to the person with the earliest date of “Submission” from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
7. Prize: One winner will receive an Emergency Essentials 3-Month Emergency Food Kit (Approximate Retail Value (“ARV”): $799.49).
Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Giveaway.
Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
8. Disclaimer: Sponsor, Emergency Essentials Holdings, LLC, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway.
9. Limitations of Liability; Releases: By entering the Giveaway, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway or delivery, mis-delivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE GIVEAWAY OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE GIVEAWAY OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE GIVEAWAY OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE GIVEAWAY OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
11. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed business-size envelope for arrival after October 15, 2020 and before October 15, 2021 to Emergency Essentials Holdings, LLC, 1175 South Meridian Park Road Suite B, Salt Lake City, UT 84104, Attn: EMERGENCY ESSENTIALS PREPAREDNESS STORIES GIVEAWAY. To obtain a copy of these Official Rules, visit https://beprepared.com/pages/prep-stories-Giveaway-rules or send a stamped, self-addressed business-size envelope to Emergency Essentials Holdings, LLC, 1175 South Meridian Park Road Suite B, Salt Lake City, UT 84104, Attn: EMERGENCY ESSENTIALS PREPAREDNESS STORIES GIVEAWAY. VT residents may omit return postage.
12. Intellectual Property Notice: EMERGENCY ESSENTIALS and BE PREPARED are trademarks of Emergency Essentials Holdings, LLC. The Giveaway and all accompanying materials are copyright © 2020 by Emergency Essentials Holdings, LLC. All rights reserved.
13. Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH OR THE APPROPRIATE STATE COURT LOCATED IN DAVIS COUNTY, UTAH. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
14. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend, or cancel the Giveaway or any entrant's participation in the Giveaway should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Giveaway, or Sponsor otherwise becomes (in its discretion) incapable of running the Giveaway as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Giveaway, tamper with the operation of the Giveaway or engage in any conduct that is detrimental or unfair to Sponsor, the Giveaway or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Giveaway. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Giveaway. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
15. Sponsor: Emergency Essentials Holdings, LLC,1175 South Meridian Park Road Suite B, Salt Lake City, UT 84104.