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SPIGEN’S SUPER5TAR REVIEW PROGRAM SWEEPSTAKES

 

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.  OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., AGE 18 OR OLDER AND OF THE LEGAL AGE OF MAJORITY.  VOID WHERE PROHIBITED. BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.

 

  1. ELIGIBILITY: The Super5tar Review Program Sweepstakes (“Sweepstakes”) is open only to legal residents of the 50 United States and D.C. who, as of the time of entry, are at least 18 years or older and the legal age of majority in their jurisdiction.  Employees, officers, directors, and representatives of Spigen, Inc. (“Sponsor”), or any of Sponsor’s parent companies, subsidiaries, affiliates, or advertising or promotion agencies and members of the immediate family or household of any such employee, officer, director, or representative, are not eligible to enter or win.  Void where prohibited by law. By participating in the Sweepstakes, you agree to be bound by these Official Rules.

 

  1. SWEEPSTAKES PERIOD: The Sweepstakes begins on March 29, 2016 at 4:00 PM Pacific Time (“PT”) and ends on April 1, 2016 at 11:59 PM PT (“Sweepstakes Period”).  Sponsor’s time keeping device is the official clock of the Sweepstakes.

 

  1. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, Sponsor will also be accepting applicants to its Super5tar Review Program.  All applicants who complete and submit a form that is compliant with the Term and Conditions of the Super5tar Review Program, and who meet the requirements under these Official Rules, will automatically be entered into the Sweepstakes (“Entries”).  The Super5tar Review Program allows applicants to apply to receive a SPIGEN® product for either free or the cost of delivery in exchange for applicant’s commitment to submit a review of the product Amazon.  The application for the Super5tar Review Program can be found by going to http://www.spigen.com/pages/super5tar and clicking on the product the applicant wishes to apply to receive.  The application will appear in your Internet browser and prompt you to complete the form by entering your email address, birth date, full name, country of residence, and Amazon profile URL.  For detailed instructions on how to locate your unique Amazon profile URL, visit: http://www.spigen.com/pages/reviewer-program-link.  The individual who’s name and email account is submitted with the Super5tar Review Program must be the same as the individual to whom the Amazon profile whose URL is submitted belongs.  Once completed and submitted, no approval of the applicant as a participant in the Super5tar Review Program, and no redemption of the applied-for product is necessary to be entered into or to win the Sweepstakes.  LIMIT:  Entries to the Sweepstakes are limited to one entry per individual.  Anyone attempting to enter more than once, including through multiple Amazon accounts, may be disqualified.  

 

  1. SELECTION OF WINNERS; ODDS: Four (4) potential winners will be selected in a random drawing conducted by Sponsor or its agent from all eligible Entries received during the Sweepstakes Period.  The drawing will occur on or about April 5, 2016.  Odds of winning will depend on the number of valid Entries received.

 

  1. NOTIFICATION AND VERIFICATION OF WINNERS. Potential winners will be notified via the email address provided in the Entry.  If a potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt, he or she may be disqualified and an alternate winner selected.  Potential winners are subject to verification and may, in Sponsor's discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification).  Sponsor will have the right to require that potential winners complete, sign and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within three (3) days of attempted delivery of same.  If any attempted notification or prize delivery is returned as undeliverable or if the potential winner fails to respond to any notification attempt within the time period specified by Sponsor, fails to complete, sign, and return any required forms, affidavits, or releases within the time period specified by Sponsor, does not meet the eligibility requirements set forth in Section 1 above, or is not compliant with these Official Rules, that potential winner will be disqualified and an alternate winner selected.

 

  1. PRIZES: Once verified and confirmed as a winner, each winner may select one (1) cell phone generally offered for sale by retailers in the United States up to a maximum retail value of $800 (excluding applicable taxes).

 

Each winner will be asked to identify a major U.S. cell phone carrier for which the chosen phone must be available to Sponsor for no more than the stated maximum retail value.  If Sponsor is unable to obtain the requested phone, winner will be asked to select a second choice of phone under the same prize parameters.  ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY FROM SPONSOR OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).  The phone chosen by a winner may or may not come with a manufacturer’s warranty, however, Sponsor is under no obligation to provide the related information to winners and it is solely winner’s responsibility to obtain the same and make any claims thereunder.  Sponsor is not responsible for any lost or damaged phone, whether such loss or damage occurs in transit (while being delivered) to winner or after winner’s receipt of the phone.

 

No service plan is included and the cell phone will be unactivated.  All expenses and costs associated with acceptance and use of the prize the responsibility of the winner.  This includes, without limitation, all activation, plan, and extended warranty fees, costs, and charges.  All federal, state and local taxes on the value of the prize, if applicable, are the responsibility of the winner.  An IRS form 1099 will be issued in the winner’s name if required by law.  Each prize will be awarded if properly claimed.  No substitution, cash redemption, or transfer of the right to receive any prize or prize component is permitted, except in the discretion of Sponsor.  Sponsor reserves the right to substitute a prize or prize component of equal or greater value.  The prizes consist only of the items expressly specified in these Official Rules.  All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner. 

 

  1. GRANT OF RIGHTS: Each Entry constitutes permission for Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees to use the entrant’s name, likeness, voice and/or biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further compensation, unless prohibited by law.

 

  1. RELEASE AND LIMITATION OF LIABILITY: Sponsor and its parent companies, affiliates, subsidiaries, agents, and licensees, and the officers, directors, owners, shareholders, employees, representatives, and agents of each of the foregoing (collectively, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Entries or Entry information or any other human or technical errors of any kind relating to the operation of the Super5tar Review Program application or website, the communications or attempted communications with any entrant, the submission, collection, storage, or processing of entries, or the administration of the Sweepstakes, (b) any Force Majeure Event or any other event outside their control that may cause any alteration, postponement or cancellation of any part of the Sweepstakes or any prize; (c) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail, or (d) any damage to any computer system or mobile device resulting from participation in or accessing or downloading information in connection with this Sweepstakes.  SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF ANY COMPONENT OF ANY PRIZE OR ANY OTHER ASPECT OF ANY PRIZE WINNER’S USE OR MISUSE OF THE PRIZE.  By entering, each entrant fully releases, covenants not to sue, and agrees to hold each of the Released Parties harmless from and against any and all claims and liability arising out of the operation of the Sweepstakes, participation in the Sweepstakes, the use of the Super5tar Review Program application and website, the acceptance, receipt or use (or misuse) of any prize or prize component and/or any use of the entrant’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of the Super5tar Review Program application and website, or the acceptance, receipt or use or any prize or prize component (including, without limitation, participation in or travel to any Event or other prize-related activity).  The Released Parties are not responsible for any typographical, printing, production or other error in the administration of the Sweepstakes or in the announcement of any prize or notification of any winner.  In no event will more prizes than the number stated in these Official Rules be awarded. Each winner agrees to execute such additional release(s), waiver(s) of liability and/or agreement(s) as may be required by a provider of a prize component, within the time period specified by Sponsor or the provider.

 

  1. GENERAL RULES: All Entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Super5tar Review Program application or website or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing.  The use of automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method.  Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Sweepstakes or to the extent Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms.  In the event of termination of the Sweepstakes, a notice will be posted online and a random drawing to award the prizes will be conducted from among all eligible Entries received prior to the time of termination.  In the event of a dispute regarding the identity of an entrant, the entry will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address).   

 

 

  1. DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply. By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND BY ENTERING EACH ENTRANT WAIVES ALL RIGHTS TO CLAIM PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES. All issues and questions arising from or relating to the Sweepstakes or these Official Rules, shall be governed by, and construed in accordance with the 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 the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules must be instituted solely and exclusively in the federal or state courts located in Orange County in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising from or relating to the Sweepstakes or these Official Rules.

 

  1. USE OF INFORMATION: Sponsor and/or its agents and contractors will collect personal information regarding entrants, which will be subject to Sponsor’s privacy policy at http://www.spigen.com/pages/privacy (“Privacy Policy”).  By entering the Sweepstakes, each entrant agrees that information submitted in connection with the Sweepstakes may be used as permitted pursuant to the Privacy Policy, and otherwise in connection with the administration of the Sweepstakes.

 

  1. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available after April 30, 2016, or a copy of these Official Rules, send an email request with “Spigen’s Super5tar Review Program Sweepstakes” in the subject line and your clearly stated request to events@spigen.com.

 

  1. Sponsor AND ADMINISTRATOR: Spigen, Inc., 9975 Toledo Way, Suite 100, Irvine, California 92618.