TERMS & CONDITIONS

 

  1. SPONSOR AND ADMINISTRATOR: The Sponsor and Administrator of the Cyrill “Cyrill New Year” Event (“Event”) 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 Event. 
  2. ELIGIBILITY:  The Event 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.  No purchase is necessary. Void where prohibited by law. By participating in the Event, you agree to be bound by these Terms & Conditions. An entrant is not a selected participant of a free case until (a) entrant’s eligibility as to the Event 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 these Terms & Conditions.
  3. EVENT PERIOD: The Event begins on November 15, 2022 at 10:00 AM Pacific Time (“PT”) and will continue from day to day until Sponsor has selected sufficient Testers, as defined below, where the Event Period and the number of Testers selected amongst Entrants shall be at Sponsor’s sole discretion. (entire Event duration to be referred to as “Event Period” herein).
  4. HOW TO ENTER THE EVENT; LIMIT: During the Event Period, Sponsor will conduct Event, the timing of which will be selected by Sponsor in its discretion. Each Event will start when the Sponsor launches the Google form application (as defined below) on Sponsor’s U.S. Instagram account (@cyrill_story). The “Google Form” is made by a Sponsor who solicits entries into the Event.  The Google From going live means, entrants can begin entering the Event as follows and in accordance with these Official Rules:

To enter via Google Form, you must, no later than the date and time specified on the Google Form instruction: 1) Fill out all required section and submit the Google form which can be found at @Cyrill_story Instagram Highlight. 2) Agree and consent to submit one (1) review on according product listing page on cyrill.com & one (1) User-generated content(“UGC”) on either Instagram or Tiktok and tag @Cyrill_story within 14 days of receiving the case. Performing these 2 steps/actions, during the Event Period, constitutes one entry (“Entry”). You may only respond once to this Google form application (regardless of the number of Google accounts you hold) and must respond to the Google forms application during the Event Period.

All Entrants are limited to one free case per person during the Event Period.

There is no charge to sign up for a Google account, Instagram, or Tiktok.  If you do not have  a Google, Instagram, Tiktok account, follow the online instructions to register for a free Google account at www.google.com, free Instagram account at www.instagram.com, free Tiktok account at www.tiktok.com. To become a follower of @cyrill_story on Instagram, visit www.instagram.com/cyrill_story, to become a follower of @cyrill_story on Instagram, visit https://www.tiktok.com/@cyrill_story

Entry comments must only include the information required for entry into the Event 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 ENTRIES. As such, an 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 Event. 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 Tester may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the potential Tester may be deemed ineligible. Proof of submitting an Entry will not be deemed by the Sponsor as proof of Entry into this Event.  Once completed and submitted, no approval of the applicant as a participant in the Event, and no redemption of the applied-for product is necessary to be entered into or to win the Event. 

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 Event.  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 Event-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 Event; 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 Event 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 Event. 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 Google, Instagram, Tiktok Community Guidelines, any applicable submission requirements located on Google, Instagram, Tiktok 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 Event’s, or another’s image or reputation.

 

5.PRIVACY POLICY: Information collected at the time of entry is subject to the Sponsor’s privacy policy, https://www.cyrill.com/pages/privacy (“Privacy Policy”).

6.GIFTS:  Subject to the terms and conditions of these Official Rules, the following gift will be awarded to each selected tester of an Event:

 

 

 

Event

Participant

Gifts

Approximate Retail Value (“ARV”) of Gift

Thirty (30) Participant

1 case of your choice from Creative Studio Collection

$40

Sponsor anticipates running One (1) total Event during the Event Period.

The total ARV of all gifts to be awarded to the Tester of the Event ranges $1,200 (not including Tax_Tax will be paid by Sponsor)

No substitution or cash alternative will be provided for gifts unless at the sole discretion of the Sponsor.  Sponsor will not replace a lost, mutilated or stolen gift. Sponsor reserves the right to substitute as gift with a gift of comparable or greater value if the gift should become unavailable for any reason. 

7.SELECTION, NOTIFICATION, AND VERIFICATION OF TESTERS: 

For this Event, eligible Entries in submission to the Event Google forms will form a pool of Entries. Thirty potential participants will be selected by Sponsor from a pool of Entries (selected participants referred to herein as “Testers”).  The selection will occur within 5 business days of the submission.  Odds of being selected as a participant for this event will depend on the answers on the Google Forms application.

Sponsor will contact the participants of this Event within 5 days of the entrants’ submission date.

The potential participant will be notified via Email, as applicable, with directions to claim their free case. If a potential participant does not respond on or before the 5th day 11:59 PM PT following the initial notification attempt, he or she may be disqualified, and an alternate participant selected from the remaining pool of valid Entries received.  Sponsor may or may not update the initial published list of the potential participants.  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 Event.

 

How to get a free case

After being selected to participate on Cyrill’s Case tester event, you will be instructed to make a purchase of one (1) Creative Studio collection. Once you made a purchase, you must 1) need to leave a review on the appropriate product listing page on cyrilll.com 2) Need to post one UGC content on IG or Tiktok by tagging @cyrill_story within 14 days of receiving the product. After these two steps are completed, we will issue a full reimbursement to your original payment. Failed to comply with submitting a review on cyrill.com website or posting a UGC on IG or Tiktok, reimbursement will not be issued.

 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 (“Event Entities”), an irrevocable, perpetual, worldwide right, and all title and interest in and to the Entry, whereby any of the Event 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 Event 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 Event), 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 Event, including those submitted by all entrants.  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 EVENT ENTITIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION.

9. 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 Event application or website, the communications or attempted communications with any entrant, the submission, collection, storage, or processing of entries, or the administration of the Event, (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 Event or any gift; (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 Event.  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 GIFT OR ANY OTHER ASPECT OF ANY GIFT TESTER’S USE OR MISUSE OF THE GIFT.  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 Event, Entrant’s participation in the Event, Entrant’s use of the Event application and website, the acceptance, receipt or use (or misuse) of any gift, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. GENERAL RULES:  All Entries become the property of Sponsor and will not be verified or returned.  By participating in this Event, 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 EVENT OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS EVENT 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 Event 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 Event application or website or the Event 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 Event should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Event 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 platform or in connection with changes to such terms. 

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 Event 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.

10. DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply.  By entering the Event, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Event, or any gifts 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 Event, 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 Event 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 Event 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 Event or these Official Rules. 

11. 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 (as defined above).  By entering the Event, each entrant agrees that information submitted in connection with the Event may be used as permitted pursuant to the Privacy Policy, and otherwise in connection with the administration of the Event. 

 

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