SPIGEN GIVEAWAYOFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. 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 Spigen sweepstakes giveaway (“Giveaway”) 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. No purchase is necessary. Void where prohibited by law. By participating in the Giveaway, you agree to be bound by these Official Rules.
2. GIVEAWAY PERIOD: The Giveaway begins on September 20th, 2017 at 12:00 PM Pacific Time (“PT”) and ends on October 27th, 2017 at 11:59 PM PT (“Giveaway Period”). Sponsor’s timekeeping device is the official clock of the Giveaway.
3. HOW TO ENTER THE GIVEAWAY: During the Giveaway Period, all applicants who complete an entry to the Giveaway in compliance with the Official Rules of the Giveaway, and who meet the requirements under these Official Rules, will automatically be entered into the Giveaway (each an “Entry”). The Giveaway allows applicants to enter for a chance to receive one of the following: the high-end model of the newest generation iPhone upon release, or a Apple Airpods Wireless Bluetooth Headset (MMEF2AM/A) for free. There are two methods to apply for the Giveaway Entry. The Giveaway Entry can be submitted by purchasing any Spigen iPhone X products during the time of the promotion. After purchasing the product, the applicant will receive a order confirmation through email. The applicant must go to promotion page (https://www.spigen.com/products/iphone-x-edition). On this page, the applicant must submit his or her order confirmation number in the Gleam widget that will be present on the page. Alternate method of entry (AMOE) is entry by mail. An applicant must send a physical mail with the title, “iPhone Giveaway,” to Spigen (9975 Toledo Way #100, Irvine, CA, 92618). The applicant must write the recipient name as “Spigen - iPhone Promotion.” Inside the mail, there must be information containing the applicant’s name, email, address, and date of birth. For applicants using the mail method for entry, Spigen will submit the application’s entry after receiving and approving the applicant’s mail. Only one mail per individual will be permitted. The mail must be received by October 27th, 2017 at 11:59 PM PT. The Giveaway will be administered by the Gleam.com contest platform and plugin. Both methods of entry will be treated as equal. Once completed and submitted, no approval of the applicant as a participant in the Spigen Giveaway, and no redemption of the applied-for product is necessary to be entered into or to win the Giveaway. LIMIT: Entries to the Giveaway are limited to one Entry per individual. Anyone attempting to enter more than once, including through multiple purchases with different accounts, may be disqualified.
4. SELECTION OF WINNERS; ODDS: One (1) high-end model of the newest generation iPhone and 10 Apple Airpods Wireless Bluetooth Headset (MMEF2AM/A) potential winners will be selected in a random drawing conducted by Sponsor from all eligible Entries received during the Giveaway Period. The drawing will occur on the day after the Giveaway Period ends and will be administered through the Gleam.io “draw system.” Odds of winning will depend on the number of valid Entries received.
5. NOTIFICATION AND VERIFICATION OF WINNERS. A list of the potential winners will be listed on the Spigen Facebook page (facebook.com/SpigenWorld) as well as on the http://Gleam.io landing page on November 1st. Winners will also be sent an e-mail to the e-mail address provided at the time of Entry with directions to claim their prize. If a potential winner cannot be reached or does not respond within seven (7) days 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, a copy of 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 seven (7) 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.
6. PRIZES: Once verified and confirmed as a winner, the winners will be awarded based on their ranking. One (1) high-end model of the newest generation iPhone will be given to the first-place winner and an Apple Airpods Wireless Bluetooth Headset (MMEF2AM/A) to the rest of the 10 winners. 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.
7. 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.
8. 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 Spigen Giveaway application or website, the communications or attempted communications with any entrant, the submission, collection, storage, or processing of entries, or the administration of the Giveaway, (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 Giveaway 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 Giveaway. 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 Giveaway, participation in the Giveaway, the use of the Spigen Giveaway 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 Giveaway, the use of the Spigen Giveaway 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 Giveaway 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.
10. DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply. By entering the Giveaway, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, 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 Giveaway, 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 Giveaway 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 Giveaway 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 Giveaway or these Official Rules.
12. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available after November 1st, 2017, or a copy of these Official Rules, send an email request with “Spigen Giveaway” in the subject line and your clearly stated request to email@example.com.
13. Sponsor AND ADMINISTRATOR: Spigen, Inc., 9975 Toledo Way, Suite 100, Irvine, California 92618.