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SPIGEN’S REWARDS DAY ELITE AND EXECUTIVE MEMBER GIVEAWAY

OFFICIAL 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. SPONSOR AND ADMINISTRATOR: The Sponsor and Administrator of the SPIGEN’S REWARDS DAY ELITE AND EXECUTIVE MEMBER GIVEAWAY (“Giveaway”) is Spigen Inc., with its principal place of business and mailing address at: 9975 Toledo Way, Suite 100, Irvine, California 92618 (“Sponsor”), whose decisions are final and binding as to all aspects of this Giveaway.
  2. ELIGIBILITY: The Giveaway is open 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 and who are either an “Elite” or “Executive” member under Sponsor’s Rewards Program as of July 23, 2020. Employees, officers, directors, and representatives of Spigen, Inc., 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. An entrant is not a winner of any prize until (w) entrant’s eligibility as to the Giveaway has been verified, (x) entrant has been notified that verification is complete, (y) entrant has completed and submitted all required information and forms (including an Affidavit of Eligibility and Liability/Publicity Release, if required) and (z) entrant has otherwise fully complied with the terms and conditions of these Official Rules.
  3. GIVEAWAY PERIOD: The Giveaway begins on July 23, 2020 at 9:00 AM Pacific Time (“PT”) and ends on July 26, 2020 at 11:59 PM PT (“Giveaway Period”). Sponsor’s time keeping device is the official clock of the Giveaway.
  4. HOW TO ENTER THE GIVEAWAY; ENTRY LIMITS: Entries to the Giveaway are limited to two (2) entries per eligible individual during the Giveaway Period. An entrant may enter the Giveaway twice through any combination of methods of entries, including: 1) two email entries, 2) two purchase entries, 3) one email entry and one purchase entry. An entrant may enter the Giveaway in either or both of the following ways: E-MAIL ENTRY: To submit an Entry via email, an eligible individual must, during the Giveaway Period, email vip-support@spigen.com with the subject line: “ENTRY for Spigen’s Rewards Day Giveaway”. In the body of the email, entrant must include their first and last name and valid shipping address. The email must be sent from the email address of record for the account which has, as of the beginning of the Giveaway Period, achieved either Elite or Executive Member status. ENTRY WITH PURCHASE: Eligible individuals who make a purchase through www.spigen.com during the Giveaway Period will automatically receive one Entry into the Giveaway. The purchase must be made while the entrant is logged into their Rewards Program account. There is no minimum or maximum purchase amount that must be made in order for the purchase to provide the Entrant one Entry. Each entry described above that conforms to this Section and these Official Rules will be one “Entry.” All Entry information shall be referred to herein as the “Entries” or each as an “Entry.”
  5. ODDS; DEFECTS: Odds of winning a prize depend on the number of Entries received in accordance with these Official Rules. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations, or other methods will void that entrant’s entries and that entrant will be disqualified. Sponsor is not responsible for (1) any human or mechanical errors, omissions, interruptions, defects, computer, online, telephone, cable, satellite, technical or mechanical malfunctions, viruses, worms, or delays of any kind that occur in the transmission, communication, or processing of entries, or inaccurate transcription of entry information; (2) undelivered, late, lost, stolen, damaged, garbled, mutilated, illegible, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified; (3) errors, typos, or misprints in these Official Rules, in any Giveaway-related advertisements, or other materials; (4) failures of electronic equipment, computer hardware or software, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications, or entries otherwise not in compliance with these Official Rules, or (5) any condition caused by events beyond the control of Sponsor that may cause the promotion to be disrupted or corrupted.
  6. PRIZES: Subject to the terms and conditions of these Official Rules, the following prizes will be awarded in this Giveaway:
    Type and No. of Winners Prizes Approximate Retail Value (“ARV”) of Prize ARV Total
    Grand Prize 1 One (1) Nintendo Switch Lite $199.99 $249.97
    One (1) Nintendo Switch Lite Klasden Carrying Pouch
    One (1) Nintendo Switch Lite Screen Protector
    $29.99
    $19.99
    First Prize 20 One (1) Spigen Case (Winner’s Choice)
    One (1) Spigen Flex Strap
    $14.99 - $69.99
    $19.99
    $699.60 - $1,799.60
    21 $949.57 - $2,049.57
    There is no substitution, transfer, or cash equivalent for the prize, and must be accepted as awarded, except that the Sponsor may, at its sole discretion, substitute any portion or all of a prize, with a prize of comparable value or cash. Any portion of any prize not accepted or used by the winner will be forfeited. Sponsor will select the specifications (unless otherwise specified in the chart above) of the prizes awarded, including, for example, color, model, and type. First Prize winners may select a cell phone, tablet, AirPods, watch, or other cases for electronics available for sale and in stock at https://www.spigen.com. 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). 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. Limit one prize per person.
  7. SELECTION, NOTIFICATION, AND VERIFICATION OF WINNERS: Twenty-One (21) 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 within (5) days after the Giveaway Period ends. The potential prize winners will be notified via email at the email address associated with the Rewards Program account in connection with which Entrant was eligible to enter into the Giveaway. The first potential prize winner drawn will be for the Grand Prize and the remaining potential prize winners drawn will be for the First Prize. Sponsor reserves the right to select or disqualify any entries as it deems appropriate, at its sole discretion. Sponsors’ decisions are final on all matters relating to this Giveaway. If a potential prize winner does not respond to the email notification within seven (7) days of the initial attempt, such non-response will result in forfeiture of prize and selection of an alternate winner. The winner is subject to verification. Each potential winner will be required to provide to, or confirm for, Sponsor a valid email address and physical mailing address (not a P.O. Box) within the time stated in the notification. Potential winner may, at Sponsor’s discretion, also be required to complete and return to Sponsor a notarized Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release. For prizes valued over USD$600.00, prize winner must provide his/her Social Security number to Sponsor and will be issued an IRS Form 1099 for the retail value of the prize. If a potential winner fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, or unable to accept the prize as stated, the potential winner will be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place by random drawing from among the remaining eligible Entries received. In the event a potential winner is disqualified or not eligible, Sponsor will select up to one additional potential winner.
  8. GRANT OF RIGHTS; PUBLICITY: Each Entry constitutes permission for Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees to use the entrant’s name, likeness, social media handles, 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.
  9. 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 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 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 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. GENERAL RULES: All Entries become the property of Sponsor and will not be verified or returned. By participating in this Giveaway, 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 GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY 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 Giveaway 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 Giveaway application or website or the Giveaway 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 Giveaway 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 Giveaway 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 Giveaway, 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). In no event will more than the stated number of prizes in these Official Rules be awarded.

    These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor’s failure to enforce any provision of these Official Rules will not constitute a waiver of that or any other provision.
  11. 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. 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 www.spigen.com/pages/privacy (“Privacy Policy”). By entering the Giveaway, each entrant agrees that information submitted in connection with the Giveaway may be used as permitted pursuant to the Privacy Policy, and otherwise in connection with the administration of the Giveaway.
  13. REWARDS PROGRAM: For more information on the terms and conditions of Spigen’s Rewards Program, visit: https://www.spigen.com/pages/reward-program.
  14. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available after August 31, 2020, or a copy of these Official Rules, send an email request with “SPIGEN’S REWARDS DAY ELITE AND EXECUTIVE MEMBER GIVEAWAY” in the subject line and your clearly stated request to vip-support@spigen.com.

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