CYRILL’S MONTHLY “NAME THAT CASE” GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING.
- SPONSOR AND ADMINISTRATOR: The Sponsor and Administrator of the Cyrill Monthly “Name That Case” Giveaway (“Giveaway”) is Spigen, Inc. dba Cyrill, with its principal place of business and mailing address at: 9975 Toledo Way, Suite 100, Irvine, California 92618 (“Sponsor” or “Cyrill”). Sponsor’s decisions are final and binding as to all aspects of this Giveaway.
- 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 state/province/territory of residence (the “Entrant”). Employees, officers, directors, and representatives of 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. An entrant is not a winner of any prize until (a) entrant’s eligibility as to the Giveaway has been verified, (b) entrant has been notified that verification is complete, (c) entrant has completed and submitted all required information and forms (including an Affidavit of Eligibility and Liability/Publicity Release, if required) and (d) entrant has otherwise fully complied with the terms and conditions of these Official Rules.
- GIVEAWAY PERIOD: The Giveaway begins on October 31, 2020 at 10:00 AM Pacific Time (“PT”) and ends on November 9, 2020 at 10:00 AM PT (“Giveaway Period”). During the Giveaway Period, Sponsor will conduct periodic giveaways (the “Periodic Giveaways”) each of which will have an entry period that will start when the Giveaway Post (as defined in Section 4 below) is posted, and end on the day and time the Giveaway Post specifies (“Periodic Giveaway Period”). Sponsor’s time keeping device is the official clock of the Giveaway. Sponsor may conduct other giveaways during the Giveaway Period. The Periodic Giveaways are subject to the terms of these Official Rules.
- HOW TO ENTER THE GIVEAWAY; LIMIT: During the Giveaway Period, and once per calendar month during the Giveaway Period, Sponsor will conduct Periodic Giveaways, the timing of which will be selected by Sponsor in its discretion. Each Periodic Giveaway will start when Sponsor posts a Giveaway Post (as defined below) on Sponsor’s U.S. Instagram account (@cyrill_story), featuring a specific Cyrill® (or affiliate’s) case or case design. the “Giveaway Posts” are those posts made by Sponsor each month of the Giveaway that features a Cyrill® product and solicits entries into the Periodic Giveaway. The posting of the Giveaway Post will mean entrants can begin entering the Periodic Giveaway as follows and in accordance with these Official Rules: To enter via Instagram, you must, no later than the date and time specified on the Giveaway Post: 1) begin following, or already be following, @cyrill_story on Instagram; 2) comment by responding to the question posed in the Instagram Giveaway Post using the same Instagram account you follow @cyrill_story (the question, for example, may ask you to identify the name of the case pictured); and 3) if specified in the Giveaway Post, tag one Instagram friend in your comment response to the Instagram Giveaway Post. Performing these 2 steps/actions, or if applicable 3 steps/actions, during the Periodic Giveaway Period, constitutes one entry (“Entry”). You may only respond once to each periodic Instagram Giveaway Post (regardless of the number of Instagram accounts you hold) and must respond to each Instagram Giveaway Post during the Periodic Giveaway Period. You may only enter once during each Periodic Giveaway. All Entrants are limited to one prize per person during the Giveaway Period. For each Periodic Giveaway, eligible Entries will form one pool of Entries from which three potential winners will be selected. 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 @cyrill_story on Instagram, visit www.instagram.com/cyrill_story. Entry comments 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.
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 ENTRIES. As such, entrant may be held personally liable for an Instagram comment 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 if the Instagram account is not assigned to a natural person, then the email address associated with the Instagram account, as applicable—associated with the selected Entry 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 an Instagram account or an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning accounts or 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 potential winner may be deemed ineligible. Proof of submitting an 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.
The use of any agencies or automated software, to submit entries will void all entries submitted by that person. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Giveaway. No mechanically or programmatically reproduced entries are permitted. Sponsor will not confirm receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned.
Sponsor is not responsible for (a) 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; (b) undelivered, late, lost, stolen, damaged, garbled, mutilated, illegible, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified; (c) errors, typos, or misprints in these Official Rules, in any Giveaway-related advertisements, or other materials; (d) 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 (e) any condition caused by events beyond the control of Sponsor that may cause the promotion to be disrupted or corrupted.
By entering, each Entrant; (a) represents that he/she is at least eighteen (18) years of age and otherwise eligible to participate in the Giveaway; and (b) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects.
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. All entries must comply with the Instagram Community Guidelines, any applicable submission requirements located on Instagram and any other requirements set forth in these Official Rules. Entries that do not conform to these guidelines will be deleted and no entry will be generated. Sponsor reserves the right to reject or disqualify any review which Sponsor, at its sole discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Giveaway’s, or another’s image or reputation.
- PRIZES: Subject to the terms and conditions of these Official Rules, the following prizes will be awarded to each winner of a Periodic Giveaway:
Periodic Giveaway Winner Prizes Approximate Retail Value (“ARV”) of Prize Three (3) Winners Two (2) CYRILL® Phone Cases $40.00 - $61.00
The total ARV all prizes to be awarded to each winner of the 24 Periodic Giveaways ranges between $479.76 and $743.76.
Winner may choose their preferred Cyrill® phone cases as their prize, provided, however, this choice must be made from Cyrill® phone cases that are in stock at the time the winner makes their choice and available for immediate delivery. Sponsor will notify the Winner if their chosen phone cases are not in stock, in which case winner may choose different Cyrill® phone cases. No substitution or cash alternative will be provided for prizes unless at the sole discretion of the Sponsor. Sponsor will not replace a lost, mutilated or stolen prize. Sponsor reserves the right to substitute as prize with a prize of comparable or greater value if the prize should become unavailable for any reason. Prize is not transferable prior to award. Each prize consists only of the items specifically listed as part of the prize description above. Any portion of any prize not accepted or used by the winner will be forfeited. PRIZE WINNERS AGREE THAT A PRIZE IS BEING PROVIDED “AS IS”, AND THE RELEASED PARTIES (AS DEFINED IN THE “RELEASE” SECTION BELOW) MAKE NO WARRANTY, REPRESENTATION OR GUARANTEE REGARDING THE PRIZE, INCLUDING BUT NOT LIMITED TO ITS QUALITY, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No more than the number of prizes stated within these Official Rules will be awarded.
All federal, state and local taxes on the value of the prize, if applicable, are the responsibility of the winner. Each prize will be awarded if properly claimed. 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.
- SELECTION, NOTIFICATION, AND VERIFICATION OF WINNERS: For Periodic Giveaways, eligible Entries in response to a Periodic Giveaway Post will form a pool of Entries. Three potential winners will be selected, at random, by Sponsor from each pool of Entries. The drawings will occur following the expiration of each Response Period relating to a Periodic Giveaway. Odds of winning will depend on the number of valid Entries received. Entries will not be acknowledged or returned. The potential prize winners will be notified via Instagram direct message, as applicable, with directions to claim their prize. If a potential winner does not respond on or before the 7th day following the initial notification attempt, he or she may be disqualified, and an alternate winner selected from the remaining pool of valid Entries received. Sponsor may or may not update the initial published list of the potential winner. Entries are subject to verification by Sponsor. Sponsor reserves the right to select or disqualify any entries as it deems appropriate, at its sole discretion. Sponsor’s decisions are final on all matters relating to this Giveaway. The potential winners 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. If required, a tax form 1099 will be issued to winner. 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 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.
- 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. ENTRANT WILL NOT BE PAID FOR THEIR ENTRY or for granting any of these rights. Entrant agrees 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 Entrant’s 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.
- RELEASE AND LIMITATION OF LIABILITY: Sponsor, Instagram, and their parent companies, affiliates, subsidiaries, agents, and licensees, and the officers, directors, owners, shareholders, employees, representatives, and agents of all 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 emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email, 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, to the greatest extent permitted by law, covenants not to sue, and agrees to hold each of the Released Parties harmless from and against any and all losses, expenses, costs, demands, claims, liability, damages or causes of action (however named or described) arising out of or in any way related to the operation of the Giveaway, Entrant’s participation in the Giveaway, Entrant’s 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.
- 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.
- WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winner, available within five (5) days following the end of each Response Period, or a copy of these Official Rules, send an email request with “CYRILL MONTHLY ‘NAME THAT CASE’ GIVEAWAY” in the subject line and a clearly-stated request to firstname.lastname@example.org.
This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram.