SPIGEN x EKSTERWALLETS INSTAGRAM 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. 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 x EKSTERWALLETS INSTAGRAM GIVEAWAY (“Giveaway”) is Spigen Inc. and Ekster, with its principal place of business and mailing address at: 9975 Toledo Way, Suite 100, Irvine, California 92618 and Rokin 38E Amsterdam 1012 KT, The Netherlands (“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 with an active Instagram account 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., Ekster, 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 May 16th, 2022 at 9 AM Pacific Time (“PT”) and ends on May 19th, 2022 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: To enter, you must, during the Giveaway Period: 1) begin following, or already be following, @spigenworld and @eksterwallets on Instagram; 2) like and save @spigenworld’s or @eksterwallets’ “Spigen x Eskter Instagram Giveaway ” post (the “Giveaway Post”) 3) comment on the Giveaway Post by tagging an Instagram friend in your comment. 4) Additionally, resharing the Giveaway Post on your story will count as one bonus Entry. Each comment response 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.”
There is no charge to sign up for Instagram. If you do not have an Instagram account, follow the online instructions to register for a free Instagram account at www.instagram.com. To become a follower of @spigenworld and @eksterwallets on Instagram, visit www.instagram.com/spigenworld and www.instagram.com/eksterwallets
Entries must only include the information required for entry into the Giveaway and must not:
· Depict, encourage, promote or induce conduct that could violate any law, regulation or ordinance, or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate;
· Depict, encourage or promote the use of alcohol, illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
· Contain any content that is protected by trademark, copyright, trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of such right;
· Contain any personal information, such as phone numbers, license plate numbers, e-mail addresses or street addresses;
· Contain messages or images inconsistent with Sponsor’s image and/or goodwill;
· Contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable;
· Depict any individual other than the entrant, unless the entrant has received the written permission of such individual (or of his/her parent or legal guardian in the event that he/she is a minor); or
· Contain any confidential information or any material, non-public information about any company or individual.
By providing an Entry, each entrant assigns, transfers and conveys all right, title and interest in and to the Entry to Sponsor.
ENTRIES ARE THE VIEWS OF THE INDIVIDUAL ENTRANT AND DO NOT NECESSARILY REFLECT THE VIEWS OF SPONSOR. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING LIABILITY FOR MODERATING, MONITORING OR FILTERING INSTAGRAM ENTRIES. As such, entrant may be held personally liable for an Instagram Entry if it is defamatory, libelous or otherwise violates the rights of any person or entity.
In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the Instagram account or email address, as applicable, will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Giveaway. The “authorized account holder” is the natural person assigned to a particular handle by Instagram or to an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. 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 winning entrant may be deemed ineligible. Proof of submitting an Entry will not be deemed by the Sponsor as proof of Entry into this Giveaway.
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.
5. ENTRY LIMITS; ODDS; DEFECTS: An entrant may only enter by completing each of the three steps outlined in Section 4 above. 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 to the winners of this Giveaway:
|Type and No. of Winners||Prizes||Approximate Retail Value (“ARV”) of Prize||
Verified winners will be asked to provide their preferred single make and model for a cellular phone case and wallet. In the event Sponsor does not have in stock or offer a case or wallet for the chosen make and model, winner will be offered a single alternative (“Alternative Prize”), which winner may choose to accept or reject. The Alternative Prize may fall below, fall within, or exceed the ARV for the original prize for which it is being substituted. If winner rejects the alternative prize, no second alternative or substation will be offered and winner will have forfeited that portion of the First Prize. Winner may not request that Sponsor provide winner with a cell phone case and related accessories for different makes and/or models.
Except as otherwise expressly outlined in these Official Rules, there is no substitution, transfer, or cash equivalent for the prizes, and each prize must be accepted as awarded, except that the Sponsor may, at its sole discretion, substitute all or any portion of the prizes, with a prize of comparable value or cash. Any portion of any prize not accepted or used by the winner will be forfeited. Sponsor may select the specifications (unless otherwise specified in the chart above) of the prizes awarded, including, for example, watch color, band type and color, stand type, case type and color.
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 prize 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: Five (5) 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 or about the day after the Giveaway Period ends. The potential prize winners will be notified via Instagram direct message. 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 Instagram direct message notification within the number of days stated in the initial communication 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 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, and to respond correctly to a skill-test question. If required, 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 may select up to one additional potential winner.
8. GRANT OF RIGHTS; PUBLICITY: By submitting an Entry, entrant hereby grants and assigns to Sponsor, its parent companies, affiliates, subsidiaries, agents, promotion partners (such as marketing agencies and influencers), and licensees (“Giveaway Entities”), an irrevocable, perpetual, worldwide right, and all title and interest in and to the Entry, whereby any of the Giveaway Entities may reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry, or parts/excerpts of the Entry (as such may be edited and modified by Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional, and all other purposes (including posting on Sponsor-affiliated websites, any social media site, and/or other Sponsor-selected media). Entrant hereby disclaims any rights, including any copyright or other intellectual property right, in or to the Entry following the assignment contemplated in this section. The Entry further constitutes entrant’s irrevocable permission for the Giveaway Entities to use the Entry (in its original or edited form), entrant’s name, account handle, 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 (including, without limitation, advertising and Giveaway), without further compensation, notice, review or consent, unless prohibited by law. The rights granted under this paragraph shall extend to all Entries and all other submitted materials related to the Giveaway, including those submitted by non-winners and winners. YOU WILL NOT BE PAID FOR YOUR ENTRY or for granting any of these rights. You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor, its affiliates, or its licensees, successors and assigns for use of your Entry or otherwise, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Entry and that your Entry is not subject to any collective bargaining agreements.
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.
9. RELEASE AND LIMITATION OF LIABILITY: Sponsor, Instagram, 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. No more than the stated number of prizes will 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.
13. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available after June 20th, 2022, or a copy of these Official Rules, send an email request with “SPIGEN x EKSTERWALLET INSTAGRAM GIVEAWAY” in the subject line and your clearly stated request to email@example.com.
This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Instagram.