Re/CASETiFY – “Earth Day” Competition
Terms and Conditions
1. Competition Administrator.
The “Earth Day” Competition (the “Competition”) is administrated and hosted by Casetagram Limited, a Hong Kong limited liability company ("Casetify", the "Company", "we", "us" or "our").
The Competition is open to any individual who is aged 18 years or above, or the age of majority in your jurisdiction of residence, whichever is older. The Competition is open worldwide, and is void where prohibited by law. Void where prohibited.
3. Rules to the Competition.
The “Rules” shall mean and include (a) these terms and conditions, and (b) the guidelines and instruction set forth in the “Submit Your Ideas” form.
4. Agreement to the Rules.
By entering and participating in this Competition, the contestant (the “Contestant” or “you”) acknowledge and confirm that you have fully and thoroughly read and understood the Rules and have agreed to abide by the Rules and Casetify’s decisions, which are final and binding in all matters related to the Competition . You also represent and warrant that you meet the eligibility requirements, and that you have the right, authority, and capacity to enter into this agreement, including neither your execution of this agreement nor your participation in the Competition, including your submission of the Content, will violate or conflict with other contractual obligations, or any term or condition of any other agreement to which you are a party, including but not limited to any union or guild regulation.
5. Entry Period.
The Competition is open for submission on 11 April 2022 at 00:00:00 and ends on May 6th 2022 at 23:59:59 (US time) (the “Entry Period”).
6. How to Enter.
An eligible person who wants to participate in the Competition shall, within the Entry Period, complete the “Submit Your Ideas” form in accordance with the guidelines and instructions therein (each, an “Entry”). For avoidance of doubt, an entry will be considered as successfully submitted only if and when all required steps are completed during the Entry Period, and any entry submitted after expiry of the Entry Period shall be invalid and unacceptable. Each person can enter in the Competition for one time only, if multiple entries are submitted from the same person, only the first Entry will be eligible.
7. Stages and Selection of Winner.
(a) First Round: After the Entry Period, Casetify will review the ideas (each, “Idea”) successfully submitted by all the Contestants and five (5) Entries will be selected and shortlisted to the Second Round of the Competition. The selection will be based upon the following criteria: (i) the level of recyclability, (ii) creativity, (iii) uniqueness, (iv) originality and (v) market potential. The five (5) finalists (each, “Finalist”) will be contacted using the email addresses provided on the corresponding Entry.
(b) Second Round: During this round, the Finalist will further elaborate their Ideas by submitting to Casetify their respective proposal. The proposal shall include materials to be used, the process duration, purpose of the Finalist Work (as defined hereafter) the budget for creating the Finalist Work, and such other details and requirements to be provided in the email notices., and shall be submitted to Casetify before 23:59:59 on May 20th 2022 (US time). Casetify will further review and advise on the proposals. After the proposals are confirmed and approved by Casetify, each finalist will create a phone case (each, “Finalist Work”) based on the approved proposal, and based on Casetify’s requirement and specifications submit photos/videos of his/her Finalist Work to Casetify before 23:59:59 on [*] April 2022 (US time). More details will be provided in the email notices. The Finalist Works will then be posted on Casetify’s Twitter official account at 00:00:00 on [*] May 2022 (US time) for voting by the customers, fans and the public until 23:59:59 on [*] May 2022 (US time).
(c) Third Round: After the end of the voting period, the top two (2) Finalist Works with the highest number of votes will be announced on Twitter at 00:00:00 on [*] May 2022 (US time). Casetify will further select the final winner (“Winner”) from these two (2) top Finalists based upon the following criteria: (i) the level of recyclability, (ii) creativity, (iii) uniqueness, (iv) originality and (v) market potential. The Winner will be announced on Casetify’s Twitter official account at 00:00:00 on [*] May 2022 (US time) (“Winner Announcement”), and will be notified, at most, approximately seven (7) working days after the Winner Announcement. Failure to respond to the initial verification notification within seven (7) working days may result in disqualification. In any event winning is contingent upon fulfilling all requirements. Potential winner(s) must continue to comply with all terms and conditions of the Rules. In the event that the original Winner is disqualified for any reason, Casetify may award the applicable prize to an alternate winner from among all remaining eligible Entries.
(a) The final confirmed and verified winner will be awarded with the cash prize of USD1,000 (the “Prize”).
(b) Prize is non-transferable and no substitution will be made except as provided herein at Casetify’s sole discretion. Casetify reserves the right to substitute the Prize for one of equal or greater value for any reason.
(c) Subject to verification of eligibility and winner’s compliance with the terms of these Rules, and Casetify’s receipt of the required information for Casetify to make payment, and within ten (10) working days after of receiving the winner’s affidavit of eligibility and liability/publicity release, the Prize will be paid by wire transfer, or ACH, or PayPal to the winner. All taxes and fees associated with Prize receipt and/or use (including, without limitation, all federal, state and local taxes) are the sole responsibility of the winner. Casetify shall bear no responsibility if the winner fails to receive the Prize or any notice relating the Prize due to incorrect contact details given by the winner.
(d) The Prize may be forfeited (and Casetify may at its sole discretion select another winner) if: (i) Casetify has been unable to contact such winner due to inaccurate information provided by the winner or no response has been received from the winner; or (ii) Casetify fails to deliver the Prize to the winner due to incorrect contact details given by the winner; or (iii) the winner is subsequently found to not meet the eligibility criteria to enter into the Competition or to be awarded the Prize; or (iv) the Prize remains unclaimed for a period of sixty (60) days after the Winner Announcement. Casetify shall bear no responsibilities in any of these circumstances.
As part of each Entry, according to the instructions and guidelines, you have to submit one (1) Idea for Casetify’s evaluation and consideration. All Content must be your original creative works and shall be unpublished and new. You hereby warrant and represent (a) that you are the sole and exclusive owner of all right, title, and interest in and to the Content and/or have obtained prior written authorization or license to submit the Content from any and all third party rights holders; and (b) that the Idea, and Finalist Work (as applicable), are your original creative work and your submission thereof will not infringe, misappropriate or violate the intellectual property, privacy or other rights of any third party; and (c) that your Idea, and Finalist Work (as applicable), have never been published by any means or on any media as of the date of the Entry. “Content” shall mean and include the Idea, Finalist Work and any other content, materials and information submitted and/or provided by you for this Competition (together with the Idea, collectively, the “Content”)
11. Intellectual Property Rights.
You retain all rights to the Content submitted to the Competition and you are solely responsible for protecting your rights in the Content. Any trade names, trademarks, logos and any other copyright materials from time to time owned, used, licensed or developed by or for Casetify shall remain at all times the sole and exclusive property of Casetify, and Casetify in no way grant you any additional rights or licenses therein. By participating, and submitting your Content, in the Competition, you hereby acknowledge and agree that, when you are shortlisted to the Second Round as a Finalist, (a) your entrance to the Second Round constitutes your consent and agreement to grant Casetify with the worldwide and perpetual license and right to use and exploit the Finalist Works (including the corresponding Ideas and Content) for commercial or non-commercial purposes, including, without limitation, editing, modifying, adapting, recreating or redeveloping, the corresponding Idea (or creating derivative works from the Finalist Works) for such purposes; and (b) you warrant and undertake that you will notify Casetify, and discuss in good faith and consult with Casetify, for any intended exploitation, publication or any other use of the Finalist Works (including the corresponding Ideas and Content), and the intended exploitation, publication or any other usage (including, without limitation, any sub-license or authorization to third party) shall be agreed with Casetify in advance, and will not be executed before the parties have discussed and mutually agreed upon.
By entering into this Competition, you agree that
(a) the opportunity to receive publicity is the sole, sufficient, good and valid consideration for all rights granted, assigned and transferred hereunder. No further payment or consideration will be provided;
(b) each Contestant agrees to: (i) comply with and be bound by the Rules and the decisions of Casetify, which are binding and final in all matters relating to the Competition; (ii) release, indemnify and hold harmless Casetify, its shareholders, subsidiaries and affiliates and all of their respective directors, employees agents and representatives (collectively, the “Released Parties”) from and against any and all claims, demands, losses, damages, liabilities, costs and expenses, including but not limited to negligence and damages of any kind to persons and property (including but not limited to infringement of trademark, copyright or other intellectual property rights, violation of right of publicity, invasion of privacy, defamation, slander, libel, violation of right of publicity) and reasonable attorney fees, arising out of or relating to the Contestant’s Entry, Content and/or participation in the Competition. To the greatest extent permitted by law, all participants expressly waive any and all rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Competition and/or the Prize;
(c) the Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by any participants, errors or by any of the equipment or programming associated with or utilized in the Competition; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the Entry process or the Competition; (iv) technical or human error which may occur in the administration of the Competition or the processing of Entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Competition or receipt or use or misuse of any Prize;
(d) All disclaimers and limitations of liability, and any other applicable terms and conditions, in our Terms and Conditions shall apply to this Competition. To the greatest extent permitted by law, (i) Casetify’s aggregate and maximum liability for all claims, liabilities, demands, damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise in any event shall not exceed the US$1000. To the extent Casetify may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law; and (ii) in addition to the above, you hereby waive the right to to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Neither you, nor any other participant or individual, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding; and (iii) any and all claims and actions arising out of or relating to this agreement or Competition shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
13. Independent Contractors.
The relationship between Casetify and each Contestant is one of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
(a) The Competition is in no way sponsored, endorsed, administered by, or associated with any social networks (including, but not limited to, Twitter, Facebook, Instagram, YouTube and TikTok).
(b) All Contestants shall be responsible for the correctness of their personal information including but not limited to their email addresses (and postal addresses, as applicable) registered with or communicated to Casetify. Casetify shall not be responsible for any failure of any participant to receive notifications of any kind and/or the Prize due to any reasons, including but not limited to electronic-transmission errors.
(c) Casetify reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures, or any other factor beyond its reasonable control impairs the integrity or proper functioning of the Competition, as determined by Casetify in its sole and reasonable discretion. Casetify reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of the Competition or to be acting in violation of the Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Casetify reserves the right to seek damages from any such person to the greatest extent permitted by law. Any failure to enforce any term of the Rules by Casetify shall not constitute its waiver of the relevant provision.
(d) Any provision of the Rules that is prohibited or unenforceable in any jurisdiction shall be ineffective as to that jurisdiction to the extent of that prohibition or unenforceability, but that does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Rules. inconsistency between the English and such other language version(s), the English version shall prevail.
15. Governing Law and Jurisdiction.
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”) as applied to contracts made and to be performed entirely within Hong Kong, without giving effect to the state’s conflicts of law statute, and any dispute arising out of this agreement or Competition must be exclusively submitted to a court of competent jurisdiction in Hong Kong SAR.