Terms and Conditions
Terms of Service
GIVEAWAY TERMS & CONDITIONS
IMPORTANT NOTICE: These Giveaway Terms & Conditions (“Giveaway Terms”) govern your entry and participation in a sweepstakes hosted by Sams Builds, LLC (“Sam Builds”, “we”, “us”). These Giveaway Terms are incorporated into the Sam Builds Website Terms of Service (below / located here: https://samsuksiri.com/terms-and-conditions, any terms therein, and any other terms and conditions which make reference to these Giveaway Terms (collectively, the “Agreement”).
Entries: No purchase is necessary. Only entries submitted at the website designated by Sam Builds with forms provided by Sam Builds may be used to enter the sweepstake. Winners will be selected at random from all eligible entries received. All information must be filled in accurately or else entry may be considered ineligible.
Prize(s): The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash, credit or exchangeable for any other prize. Participants must provide valid and accurate contact information. If a winner cannot be contacted or is disqualified for any reason, Sam Builds reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. The prize(s) must be accepted as awarded. No substitutions of the prizes are permitted except by Sam Builds in its sole discretion. Sam Builds reserves the right to substitute any of the prizes with other prizes of equal or greater value if any prize cannot be awarded as described for any reason.
Eligibility and Limitations: Participants and winner(s) must be residents of countries in which this type of sweepstakes is legally permitted, and any entry is void where prohibited by law. Limit of one entry per person. There is no limitation on age. A parent or guardian of any participant who is a minor in their jurisdiction of residence must sign a release on behalf of the minor to be eligible to receive a prize, but Sam Builds reserves, in its sole discretion, the right to refuse to award a prize to or on behalf of any minor. Any employees or agents of Sam Builds, the sweepstake’s participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
How to Win. Odds of winning depend on the number of participants. Sam Builds is not responsible for lost or late entries. Sam Builds is not responsible for any miscommunications, failed communications systems, software malfunctions, or for any human errors in connection with this sweepstake.
Tax: Any and all prize-related expenses, including without limitation any and all federal, state, provincial, and/or local taxes shall be the sole responsibility of the winner.
Publicity; Use of Personal Information: By participating in this sweepstake, each entrant and winner expressly consents to Sam Builds using their name on the Sam Builds website. Sam Builds may require winners to sign a separate liability/publicity release in the event it elects, at its sole discretion, to post the winner’s image on its website and related promotional materials. If a winner fails to return the sweepstake documents, if requested, within the time specified by Sam Builds, they will forfeit their prize and an alternate winner will be selected. Participants’ personal information is collected under the authority of applicable federal, state, provincial and local privacy legislation. The information provided to enter this sweepstake will be used only to administer this sweepstake and for no other reason. Questions about the collection of this information may be directed to sambuildsbusiness@gmail.com. Information submitted with an entry is subject to the Sam Builds Privacy Policy, located here:
Disqualification; Fraud: Your failure to comply with any terms and conditions of the Agreement is grounds for immediate disqualification from the sweepstakes. Sam Builds reserves the right to disqualify any entry not conforming to its obligations under the Agreement at any time. Each prize claim is subject to verification by Sam Builds and/or its designated representatives. Entries made with multiple addresses, under multiple identities, or through the use of any device or other method to enter multiple times or entries that are in excess of the permitted number of entries are automatically void. All entries obtained through unauthorized sources or which are incomplete or in any way not in compliance with the entry requirements under this Agreement or any additional written instruction provided by Sam Builds are automatically void. Sam Builds may suspend or terminate this sweepstake if Sam Builds is of the view this sweepstake’s administration or fair play has been compromised or for any other reason at anytime.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstake may be a violation of criminal and civil laws, and should such an attempt be made, Sam Builds reserves the right to seek damages from any such person to the fullest extent permitted by law.
Release: By participating in this sweepstake, each entrant and winner agrees to: (a) be bound by these Giveaway Terms and the decisions of Sam Builds; and (b) release and hold harmless Sam Builds and its officers, directors, employees, and agents from and against any and all liabilities, losses, claims, demands, costs and expenses (including attorney’s fees and expenses) whatsoever to which any of them may become subject arising from any actions or omissions by the entrant. The decisions of Sam Builds in relation to this sweepstake will be final and binding on all participants. Sam Builds reserves the right to cancel, terminate, or suspend this sweepstake, in its sole discretion, at any time, without prior notice.
Conduct and Decisions: Persons who violate any rule, gain unfair advantage in participating in the sweepstake (including, but not limited to, creating multiple submissions), or obtain winner status using fraudulent means will be disqualified. Discourteous, disruptive, annoying, harassing, or threatening behavior is strictly prohibited.
Compliance with Law: This sweepstake is subject to all applicable federal, state, provincial, and local laws and regulations, and wherever such laws or regulations prohibit this transaction, the entire Agreement shall be void.
Shipping:
We will ship the giveaway item to you, and we will pay for the initial postage. Any additional customs, tax, duties, or any such fee may occur on international orders. Any such fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to giveaways. Any additional cost, expense, penalty, or other liability resulting from customs, transfer taxes, or other will be at the expense of the receiver. If unable to cover any of these potential fees, receiver can relinquish their giveaway entry and the item may be sent back to the sender. We are not responsible for any damage, destruction, or loss of the giveaway item during shipping. Unless stated otherwise in these Giveaway Terms, winner assumes all risk to such item once the seller ships the product. As these giveaway items are one of a kind, any lost in transit packages are out of our control and will result in voiding the giveaway prize fulfillment.
*End of Giveaway Terms & Conditions*
SAM BUILDS WEBSITE TERMS OF SERVICE
THESE TERMS OF SERVICES AFFECT YOUR LEGAL RIGHTS, INCLUDING BINDING ARBITRATION AND WAIVER OF CLASS ACTION. PLEASE READ CAREFULLY.
OVERVIEW
This website is operated by Sams Builds, LLC (herein, “Sam Builds”). The use of this website and any other websites operated by Sam Builds (collectively, the “Sites”), as well as your use of any of any of the Services (defined below) is governed by these Website Terms of Service (“Terms of Service”). Throughout the site, the terms “we”, “us” and “our” refer to Sam Builds. These Terms of Service, the Sam Builds Privacy Policy, and any other separate terms and conditions that make reference to these Terms of Service (including, as applicable, the Giveaway Terms and Conditions) constitute the “Agreement.”
By visiting our Sites, purchasing any Products (defined in Section 5 below), entering or participating in any of our sweepstakes (see Giveaway Terms and Conditions for additional terms and conditions), or accepting any other services periodically offered by Sam Builds (collectively, our “Services”), you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein or made available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or access or use any of our Services.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site or the Services.
2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that any content you submit to Sam Builds, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites or Services, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these terms.
3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Sites is not accurate, complete, or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Sites is at your own risk.
The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
4 - MODIFICATIONS TO THE PRODUCTS, SERVICES, AND PRICES
If any Products (defined below) are offered through the Sites, their pricing is subject to change without notice. We reserve the right at any time to modify or discontinue the Products, Services, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products or Services.
5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Sites (“Products”). These Products may have limited quantities. Unless provided otherwise on the webpage for the particular Product, your purchase of the Product is non-refundable. We have made every effort to display as accurately as possible the colors and images of our Products on our Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product or Service on the Sites is void where prohibited by law.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address phone number, or any other communication channel provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7 - OPTIONAL THIRD-PARTY LINKS AND TOOLS
We may provide you with access to third-party websites, tools, or applications (“Third-Party Tools”) through the Sites and Services. We cannot monitor the content within any Third-Party Tool and cannot control, update, or modify any Third-Party Tool. You acknowledge and agree that we provide access to such tools “as is” and “as available”. We make no representations or warranties of any kind and about content or quality of any Third-Party Tool. Any link with our Sites to a Third-Party Tool is provided for your convenience only and does not constitute an endorsement of such. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party Tools.
Any use by you of the optional Third-Party Tools offered through the Sites or Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which Third-Party Tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services or features through the Sites (including the release of new tools and resources). Such new features or Services shall also be subject to these Terms of Service.
8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or other communication means or post or publish on any comments section within the Sites (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates either (i) any party’s intellectual property rights or confidentiality or data privacy rights (whether by law or contract) or (ii) these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, confidentiality, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites, Services, or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or a third-party as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
9 - PERSONAL INFORMATION
Your submission of personal information through the Sites or otherwise to Sam Builds is governed by our Privacy Policy, located at: Privacy Policy
10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Sites or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11 – PROHIBITED USES
In addition to other restrictions, limitations, and prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or any content therein: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites, Services, or any related website, other websites, or the Internet. Without limiting any other available remedy, we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that the information on the Sites or your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the SITES OR Services will be accurate or reliable. You agree that from time to time we may remove ANY OF the ServiceS for indefinite periods of time or cancel ANY OF the ServiceS at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Sites and Services is at your sole risk. The Sites and Services and any information we supply to you are provided 'as is' and 'as available'. TO THE FULLEST EXTENT PERMITTED BY LAW, SAM BUILDS MAKES NO ADDITIONAL representation, warranties, or conditions of any kind, either express or implied, and expressly disclaims all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Except where prohibited by applicable law, in no case shall Sam Builds OR ITS directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Sites or Service(s) or your entry or participation in any sweepstakes hosted by Sam Builds, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Sites or Services or your entry or participation in any sweepstakes, including the use of any awarded giveaway.
13 – INDEMNIFICATION
Except as prohibited by law, you agree to indemnify, defend and hold harmless Sam Builds and its officers, directors, agents, contractors, service providers, subcontractors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the any other applicable terms and conditions incorporated by reference, or your violation of any law or the rights of a third-party, including, without limitation, any intellectual property right or confidentiality right.
14 – SEVERABILITY
In the event that any provision of these Terms of Service or any other portion of the Agreement is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law and in a manner reflecting our intent as closely as possible, and the remaining provisions will remain in full effect.
15 – DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SAM BUILDS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND SAM BUILDS FROM SUING IN COURT OR HAVING A JURY TRIAL.
For the purposes of this Section 15, references to “Sam Build,” “you,” or “us” include respective affiliates, shareholders, directors, officers, employees, contractors, and agents. Before filing a claim against Sam Builds, you agree to try to work it out informally with us first. If we cannot resolve the dispute informally, all formal disputes must be resolved through arbitration as set forth in this Section, unless you opt out of arbitration within 30 days of accepting this Agreement.
You and Sam Builds agree that any dispute or claim between us will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Unless you opt out in accordance with this Section, you and Sam Builds agree to resolve any claims, disputes, and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation, and termination) or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and Sam Builds expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth in this Section.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator further has the right to impose sanctions, in accordance with the Arbitration Rules (as defined below), including for: (a) any frivolous claims or submissions the arbitrator determines have not been filed in good faith; or (b) a party’s failure to comply with this Section 15. For avoidance of doubt, the right to impose sanctions includes the right to shift arbitration fees if permitted by the Arbitration Rules.
You can decline this Section 15 agreement to arbitrate by emailing us at sambuildsbusiness@gmail.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must include your full name, residential address, and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section, then the arbitration obligations of these Terms do not apply to you. This opt-out does not affect any other portions of this Section, including obligations related to time for filing claims, class actions, and controlling law and jurisdiction.
Any arbitration must be commenced by filing a demand for arbitration either (i) within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; or (ii) within the shortest time period permitted by applicable law, whichever occurring sooner.
The arbitration will be resolved before a single arbitrator. The parties will mutually agree on an arbitration provider. Except as modified by this Section 15, the arbitration provider will administer the arbitration in accordance with its dispute resolution rules and procedures in effect at the time any demand for arbitration is filed (collectively, “Arbitration Rules”), including without limitation those rules and procedures relating to mass arbitration filings, but excluding any rules or procedures governing or permitting class or representative actions. Each party is responsible for its own attorneys’ fees, except to the extent otherwise provided by the Arbitration Rules, the arbitrator, or applicable law. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone other than the parties to the arbitration.
You and Sam Builds agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
16 – SURVIVAL AFTER TERMINATION
Termination of the Agreement shall not eliminate any existing obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
17 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service or the Agreement shall not constitute a waiver of such right or provision.
The Agreement and any policies or operating rules posted by us on the Sites constitutes the entire agreement and understanding between you and us and governs your use of the Sites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18 – GOVERNING LAW
These Terms of Service, the Agreement, and any separate terms and conditions incorporated herein whereby we provide you the Sites and Services shall be governed by and construed in accordance with the laws of California.
19 – Compliance with Export Restrictions
You may not access, download, use, or export the Sites or any products, giveaways, or other materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.
20 – CHANGES TO ANY ONLINE TERMS
We reserve the right, at our sole discretion, to update, change or replace any part of online terms and conditions, including, but not limited to, these Terms of Service, Giveaway Terms, and the Privacy Policy, by posting updates and changes to our Sites. It is your responsibility to check our Sites periodically for changes. Your continued use of or access to our Sites or the Service following the posting of any changes constitutes acceptance of those changes.
21 – CONTACT INFORMATION
Questions about these Terms of Service or any portion of your Agreement with Sam Builds should be sent to us at:
Sam Builds
sambuildsbusiness@gmail.com