Spigen Stimulus Terms and Conditions – Spigen Inc
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SPIGEN STIMULUS

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY.  PARTICIPATION IS RESTRICTED TO U.S. RESIDENTS ONLY.  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 Stimulus” (“Giveaway”) is open only to U.S. residents, 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. 
  1. GIVEAWAY PERIOD: The Giveaway begins on May 7, 2021 at 10:00 AM Pacific Time (“PT”) and ends on May 14, 2021 at 11:59 PM PT (“Giveaway Period”).  Sponsor’s time keeping device is the official clock of the Giveaway. 
  2. HOW TO ENTER THE GIVEAWAY; LIMIT: During the Giveaway Period, visit the Spigen Stimulus landing page which can be found on www.Spigen.com, and register.  In order to register, you will be required to fill out your basic contact information including, but potentially not limited to, name, age, address, email address, and phone number.  Once you have registered, in order to submit an entry (“Entry”), you must then submit on the landing page an answer to the following question, “What are you looking forward to most this next year?”    You may only submit one Entry.  Each Entry submitted by participants is referred to in these Official Rules as an “Entry” or collectively as “Entries.”  

The Giveaway will be administered by Sponsor through its website and landing page (the “Platform”).  In the event of a dispute as to an entrant’s Entry, the natural person who is the authorized account holder of the email address or Facebook account associated with the selected Entry will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Giveaway. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the potential winner may be deemed ineligible. Proof of posting of the Entry will not be deemed by the Sponsor as proof of Entry into this Giveaway.  Once completed and submitted, no approval of the applicant as a participant in the 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 6 Entry per individual, all of which Entries must be submitted under the same log-in credentials used to receive the Log-In Entry and to access the additional Action Item Entry options.  Anyone attempting to enter through more than the limit stated in this paragraph, including through multiple email or Facebook accounts, may be disqualified.

Standard data charges may apply if participating via your mobile device.  If you opt to access or enter the Giveaway via your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Giveaway. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor is not responsible for any charges.

  1. SELECTION OF WINNERS; ODDS:  Ten (10) winners will be selected by Sponsor from all eligible Entries received during the Giveaway Period.  The drawing will occur on or about the day after the Giveaway Period ends.  Entries may not be acknowledged or returned. 
  1. NOTIFICATION AND VERIFICATION OF WINNERS.  Potential winners will be sent an e-mail, to the e-mail address provided at the time of Entry or the email address connected to the entrant’s Facebook account used for the Log-In Entry, with directions for claiming their prize.  If a potential winner does not respond within 48 hours of the initial notification attempt, he or she may be disqualified and an alternate winner selected.  Potential winner is 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), and will also be required to respond correctly to a skill-test question.  Sponsor will have the right to require that potential winner complete, sign and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within 24 hours of attempted delivery of same.  For prizes valued over USD$600.00, U.S. 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.  Spigen will send verified winners a check in the amount of $1,000 written out to the name submitted on the Entry.  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.  If a potential winner is disqualified, Spigen is not obligated to select an alternate winner in such event, but may choose to do so from the remaining pool of eligible Entries received. 
  1. PRIZES: Once verified and confirmed as a winner, the ten (10) winners will be awarded one cash prize, issued via check, in the amount of Three Hundred U.S. Dollars (U.S. $300) (“Prize”). 

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).

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.   Winners are not permitted to request to change any Prize or Prize component with any other product. 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.  In no event will Sponsor award more than one (1) Prize.  

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    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, handle, Entry, 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. BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT ENTRANT’S NAME, HANDLE, AND ANY CONTENT INCLUDED IN HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE GIVEAWAY ENTITIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION.
    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, the Platform, Instagram, Facebook, and Twitter (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, related Platform, 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 or Entries 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 and/or issues with the Platform, 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.  RELEASED PARTIES 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 Platform, 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.  
    1. 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 Spigen 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 affects or corrupts 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 or other online 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 prize 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) or the authorized account holder of the Facebook account.       

    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.

    1. 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. 
    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 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. 
    1. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available after May 30, 2021, or a copy of these Official Rules, send an email request with “Spigen’s Stimulus Giveaway Rules/Winners Request” 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 USA 92618.

    This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram.

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