CASETiFY iPhone® 14 Pro Sweepstakes
The CASETiFY iPhone 14 Pro Sweepstakes (the “Sweepstakes”) shall be subject to these official rules (the “Official Rules”). By entering or otherwise participating in the Sweepstakes, you agree to be bound by the Official Rules set forth herein, which are a contract. Without limitation, this contract includes grants of rights, mandatory arbitration of disputes and a limitation of your rights and remedies. Please read these Official Rules carefully before participating in the Sweepstakes.
No Purchase Or Payment Of Any Kind Is Necessary TO ENTER OR WIN. A Purchase WILL NOT INCREASE YOUR Chances Of Winning.
The sponsor of the Sweepstakes is Westside Lab, Inc (3705 W Pico Blvd #2637 Los Angeles, CA 90019 (the “Sponsor”).
The Sweepstakes is not sponsored, endorsed, or administered by Apple®. Apple is not associated with the Sweepstakes in any way. By entering the Sweepstakes, you acknowledge that Apple bears no responsibility for the Sweepstakes, and you release Apple from any liability whatsoever in connection with the Sweepstakes. Apple and iPhone are registered trademarks of Apple Inc.
ELIGIBILITY: Open Only to legal residents OF SANTA CLARA COUNTY, CALIFORNIA, 18 years of age or older as of the date of entry. Void OUTSIDE OF SANTA CLARA COUNTY CALIFORNIA AND Where Prohibited. Employees, directors and officers of Sponsor’, its contractors, agents, affiliates, parent and subsidiaries (collectively “Sponsor Entities”) and any of their immediate family and/or household members are not eligible to enter or win any prize. The Sweepstakes is subject to all applicable federal, state, and local laws, and void where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, you agree to be bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. You also accept the decisions of the Sponsor, which are binding and final on all matters relating to the Sweepstakes. Failure to agree renders you ineligible, disqualified and/or forfeiture of any prize(s) received.
ENTRY PERIOD: The Sweepstakes starts on Friday, November 18, 2022 at 10:00 AM PST and ends on Sunday, November 20, 2022 at 8:00 PM PST (the “Entry Period”).
HOW TO ENTER:
There are 2 ways to enter the Sweepstakes, but you as the eligible participant may only enter in 1 way. The Sweepstakes is limited to 1 entry per person.
Entry Method 1 (in-person entry):
Visit the participating CASETiFY store location (the “Participating Location”) during operating hours, during the Entry Period, and fill out and submit an entry form. In-person entries must be received by Sponsor within the Entry Period.
The Participating Location address is:
Westfield Valley Fair
2855 Stevens Creek Blvd
Suite 1027, Santa Clara, CA 95050
The Participating Location operating hours are:
Monday-Saturday 10:00 AM - 9:00 PM
Sunday 10:00 AM - 8:00 PM
Entry Method 2 (write-in entry):
On a postcard or other card that is no smaller than 3½ x 5 inches and no larger than 4¼ x 6 inches, legibly handwrite: (1) your complete name, (2) your email address, (3) your mailing address, (4) your home address (if it differs from your mailing address), (5) your phone number, (6) your date of birth, and (7) the statement “CASETiFY iPhone 14 Pro Sweepstakes” and, during the Entry Period, mail it with proper postage-prepaid to: CASETiFY, Attn: Sweepstakes, 777 S. Alameda, 2nd floor (SPACES) Los Angeles, CA 90021. Write-in entries must be postmarked no earlier than November 18, 2022 and no later than November 21, 2022, and they must be received by Sponsor no later than November 25, 2022. No mechanical reproductions will be accepted. Write-in entries must be handwritten and contain all information identified above. Incomplete, illegible, or postage-due entries are disqualified, void and will not be eligible to win.
LIMIT: 1 ENTRY PER PERSON. For all entries, only you may enter on your behalf (and only on your behalf). Entries made for you by any other person or entity, or by any other method, including but not limited to commercial sweepstakes subscription notification and/or entering services will be declared invalid and disqualified from the Sweepstakes. The use of any device to automate the write-in entry process is prohibited. If you are found to have submitted any unauthorized entry, all of your entries, including entries that would have otherwise been authorized, will be disqualified from the Sweepstakes. All entries are subject to verification of eligibility and compliance with the terms of these Official Rules.
1 winner will win the following 2 items:
- iPhone 14 Pro in Deep Purple with 1TB of storage (approximate retail value of $1,599); and
- $100 CASETiFY Gift Card (approximate retail value of $100), valid until November 25, 2023 for use on casetify.com or the Participating Location under the terms and conditions set forth therein.
All prizes are awarded "as is" with Sponsor providing no guarantee or warranty, either express or implied. The winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. The winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. No more than the advertised number of prizes will be awarded.
ODDS OF WINNING: The odds of winning are determined by the total number of eligible entries received.
WINNER SELECTION AND NOTIFICATION AND CLAIMING YOUR PRIZE:
The winner will be selected by a computer generated random drawing within approximately 7 days of the Entry Period ending.
The winner will be notified by phone and email to the phone number and email address they submitted to the Sweepstakes within 7 days following the winner selection. Sponsor shall have no liability for the winner’s failure to receive notices due to winner’s spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. The potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to this Sweepstakes. You are not a winner of any prize unless and until your eligibility has been verified and you have been notified that verification is complete. Except where prohibited by laws, the potential winner will be required to timely execute and return an affidavit of eligibility, a release, and an IRS 1099 form before they can claim the prize.
The winner must claim the prize in person at the Participating Location. The prize will not be mailed. The winner will have 2 months from the time winning notification was sent to claim the prize. The winner’s failure to, within the specified timeframe, respond to notifications, execute the required documents and/or to claim the prize, or otherwise comply with these Official Rules will result in a forfeit, and, at Sponsor’s discretion, an alternate winner will be selected by repeating the same winner selection process. Upon the prize being claimed, Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize. The winner’s receipt of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. Any violation of these rules by the winner (at Sponsor’s sole discretion) will result in the winner’s disqualification as winner of this Sweepstakes and all privileges as winner will be immediately terminated. Acceptance of prize constitutes permission for Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
RIGHTS GRANTED BY YOU:
GENERAL RELEASE & CONDITIONS:
You release and waive any claims you may have against Sponsor Entities and all of their officers, directors, shareholders, employees, contractors, agents, and assigns (collectively the "Releasees") for any and all injuries, claims, damages, losses, costs, or expenses of any kind, including but not limited to attorneys’ fees, resulting from (a) acceptance, use, or misuse of any prize or parts thereof, (b) participating in the Sweepstakes, (c) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (d) the unavailability or inaccessibility of any transmissions or telephone or internet service; (e) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (f) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.
If for any reason, the Sweepstakes is not capable of running as planned, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or any portion thereof.
If for any reason, the Sweepstakes is not capable of running as planned, or if the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any person implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is canceled, Sponsor reserves the right to conduct a random drawing to award the prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted on this webpage (the “Sweepstakes Site”). Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
The Releasees are not responsible for: any incorrect or inaccurate entry information; human errors; mail delivery delays or failures; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software; inability to access the Sweepstakes Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
False, fraudulent or deceptive entries or acts shall render entrants ineligible.
You further acknowledge and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (B) YOU HEREBY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (C) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00); AND (D) YOU IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST THE PARTICIPATING LOCATION; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
GOVERNING LAW/DISPUTES: By entering the Sweepstakes, and only to the extent that a duly authorized court determines that arbitration is unavailable (which should not be the case), you hereby submit to the jurisdiction and venue of the federal and state courts of Santa Clara County, California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In such a case, the Sweepstakes shall be governed by the laws of the State of California.
WINNERS LIST: For the name of the winner, send a self-addressed stamped envelope to: CASETiFY 777 S. Alameda, 2nd floor (SPACES) Los Angeles, CA 90021. You will then receive the winner’s list approximately 30 days following selection of the final Grand Prize winner.