Rules

OFFICIAL SWEEPSTAKES RULES

INCASE DESIGNS CORP. MACBOOK PRO GIVEAWAY

1.       ELIGIBILITY: This Incase Designs Corp. (“Incase”) Macbook Giveaway (the “Sweepstakes”) is open only to those who are legal residents of the United States, excluding Rhode Island, Puerto Rico, and all U.S. territories, possessions and overseas military installations (“Eligibility Area”).  In order to be eligible for this Sweepstakes entrants must be at least eighteen (18) years of age as of February 10, 2021 at 11:59 P.M. PST, with access to the internet during the Sweepstakes Period (as defined below). Incase, its parents, subsidiaries, affiliates, sales representatives, distributors, licensees, and agents (collectively referred to as “Sponsor”), suppliers, printers, advertising and promotional agencies, and prize suppliers, and each of their respective employees, officers, directors and their immediate family members (spouses, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are not eligible to enter or win this Sweepstakes. All applicable federal, state and local laws and regulations apply. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.  NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE ENTRANTS CHANCES OF WINNING.  By participating in this Sweepstakes, Entrants agree to fully and unconditionally accept and abide by these Official Sweepstakes Rules and the decisions of the Sponsor, which are final and binding in all respects.

SWEEPSTAKES PERIOD: The Sweepstakes entry period begins as of February 10, 2021 at 6:00 A.M. Pacific Standard Time (“PST”) and ends as of February 21, 2021 at 11:59 P.M. PST (the “Sweepstakes Period”). All entries must be submitted and received by Sponsor no later than 11:59 PM PST on February 21, 2021 in order to be entered in the drawing.   The Winner will be selected from all eligible entries properly submitted pursuant to these Official Sweepstakes Rules during the Sweepstakes Period.  Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes.

SWEEPSTAKES ENTRY INSTRUCTIONS: During the Sweepstakes Period Entrants may enter this Sweepstakes by submitting an online entry by visiting https://incase.com/pages/2021-macbook-giveawayand completing the online entry form (“Entry”).  Only ONE (1) Entry per participant. (“Entrant”) Additional Entries may be earned if Entrant does either of the following:   1.) “Visit” Incase on Instagram (Entrant earns an additional five (5) Entries), and/or 2.)Entrant refers friends by forwarding them the  link found on the online entry form by clicking button on form (Entrant earns an additional five (5) Entries for each friend to whom the link is forwarded) (see “Visit Incase on Instagram” or “Refer Your Friends” on Sweepstakes Entry website for ways to enter). All Entrants to this Sweepstakes will receive a one-time twenty percent (20%) off coupon for any product purchased from the incase.com website (some exclusions may apply).  This discount cannot be applied to or combined with any other discounts, promotions or offers, and is only redeemable on the US incase.com website.  This discount MUST BE redeemed no later than May 21, 2021.  Each online Entry will be deemed submitted by the authorized account holder (as defined below) of the email address used to submit the Entry. By submitting an Entry, Entrants agree to receive information regarding products and services from Sponsor, Elevator, Cool Material, and Art of Visuals (the “Sweepstakes Partners”) via e-mail (i.e. by newsletter or other marketing communication). It is also understood that by submitting an Entry the contact information contained in that Entry may be shared with the Sweepstakes Partners.  Finally, by entering this Sweepstakes consent is hereby granted by the Entrant to the Sweepstakes Partners to use any contact information contained in the Entry in accordance with their respective Privacy Policies and under applicable local and federal laws.

All Entries become the property of Sponsor and may not be acknowledged or returned. Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor in its sole discretion) will be disqualified, as will Entries that violate copyright laws or infringe on any third-party rights. Multiple Entries by an individual person in excess of the preceding limitations or mass entry attempts will result in disqualification of the person and void all Entries related to such conduct. Entries generated by a script, macro, or other automated means will also be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted or considered. Entries must comply with all applicable laws, rules, and regulations. In the event there is a dispute over the identity of an entrant, the authorized account holder of the email account used to enter this Sweepstakes will be deemed to be the Entrant. An “authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain or website associated with the submitted e-mail address. If a dispute regarding identity cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible and disqualified. By submitting an Entry, Entrants (1) give Sponsor the right to publish their Entry, including their name on the Sweepstakes Partners websites and/or other public websites; and (2) assign all ownership rights and usage rights to their Entry to the Sweepstakes Partners.

PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Winner by accepting a Prize grants to the Sponsor and their affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, address (city and state), collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional notice, review, compensation, permission or approval.

SELECTION OF SWEEPSTAKES WINNER: One (1) potential winner (“Winner”) will be selected from all eligible entries received during the Sweepstakes Period in a random drawing to be held on or about February 23, 2021 at Sponsor’s offices in Irvine, California. Winner need not be present in order to claim their prize. Odds of winning will depend on the number of eligible entries received.

The potential Winner will be notified via email to the email address submitted with his/her Entry, within seventy-two (72) hours after the drawing (“Prize Award Period”). The drawing will be conducted by Sponsor whose decisions on all matters relating to the Sweepstakes shall be final and binding in all respects. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) a potential Winner’s failure to respond to Winner notification by email within seventy-two (72) hours after its transmission; (2) the return of a notification as undeliverable after two (2) attempts; (3) a potential Winner’s failure to timely provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential Winner’s failure to execute and return a notarized Affidavit of Eligibility/Liability/Publicity Release within seventy-two (72) hours after its transmission, if and as applicable; (5) any other non-compliance with the Official Sweepstakes Rules. In the event that a potential Winner is disqualified for any reason or in the event of prize forfeiture, Sponsor may or may not award, in Sponsor’s sole discretion, the Prize (defined below) to an alternate potential Winner selected at random.

PRIZE: One (1) prize (“Prize”) will be awarded in this Sweepstakes. 

Prize:  Prize shall consist of the following:

• Incase – 13-inch MacBook Pro w Retina Display (M1/2020) – ($1299.00)

• Total Value of Prize – $1299.00

Sponsor makes no warranties or conditions, and hereby disclaims any and all warranties and conditions, express or implied, concerning the Prize or any portion of the Prize furnished in connection with this Sweepstakes. All expenses not specifically mentioned herein, and all expenses Winner may reasonably incur in receiving or using the Prize are not included as part of the Prize and are solely Winner’s responsibility. All taxes on each Prize, if any, are the sole responsibility of Winner, who will receive a form 1099 reflecting the actual value of the Prize received, if applicable. Winner may be required to provide his/her social security number or taxpayer ID number to Sponsor in order to claim the Prize. Winner may need to submit a valid U.S. address (no P.O. boxes) to Sponsor for shipment of the Prize to Winner. Prize will only be shipped to a valid U.S. address. Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third-party common carrier for shipment to Winner. Prize is non-transferable and no substitution shall be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Prize will not be replaced if lost or stolen and is not redeemable for cash, unless required by law. Prize will be awarded provided it is validly claimed by Winner within seventy-two (72) hours after notification by Sponsor after which an alternate winner may or may not be selected, or unclaimed prize awarded.

ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SWEEPSTAKES OR PRIZES.

THE SWEEPSTAKES PARTNERS (INCLUDING ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, MANAGERS, RELATED FINANCING PARTIES, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS) EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DEATH AND BODILY INJURY AND PROPERTY DAMAGE, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY OR TRAVEL OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION.

PARTICIPANT OBLIGATIONS: By entering or participating in the Sweepstakes, entrants agree to be bound by these Official Sweepstakes Rules, the terms and conditions of the Sponsor’s websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, Entrants waive the right to claim any ambiguity or error in these Official Sweepstakes Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Sweepstakes Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor's failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision.

LIMITATION OF LIABILITY: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE SPONSOR, SWEEPSTAKES PARTNERS AND THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL INJURIES, CLAIMS, LOSSES AND DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, BODILY INJURY OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED TRAVEL OR OTHER ACTIVITY, OR ENTRANT’S FAILURE TO COMPLY WITH THE OFFICIAL RULES OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION.

EACH ENTRANT (INCLUDING WINNER AND GUEST) ASSUMES ALL LIABILITY FOR ANY INJURY, DEATH, OR DAMAGE CAUSED, OR ALLEGEDLY CAUSED BY: (A) PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES RELATED ACTIVITY OR TRAVEL; (B) THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; (C) ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION; (D) ENTRANT’S FAILURE TO COMPLY WITH THE OFFICIAL RULES.

In addition to the foregoing, Released Parties are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind; (2) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (3) any lost, stolen, delayed, damaged or misdirected Entries regardless of the circumstances; or (4) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of Entries, or the selection or notification of Winner. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or any portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select Winner from all eligible, non-suspect Entries received prior to such action. Sponsor also reserves the right at Sponsor's sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or any website operated by the Sponsor; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such Entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

INDEMNIFICATION: BY PARTICIPATING IN THE SWEEPSTAKES EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL SWEEPSTAKES RULES AND THE DECISIONS OF SPONSOR; AND (B) TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS' AND LEGAL FEES) AND EXPENSES OF ANY KIND THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) THE SWEEPSTAKES; (2) RECEIPT, USE, MISUSE OR REDEMPTION OF ANY PRIZE; (3) PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR TRAVELS (INCLUDING WITHOUT LIMITATION, ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH CAUSED TO ANY PERSON(S)).

DISPUTES: THE SWEEPSTAKES IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW DOCTRINE OF ANY JURISDICTION. THE FORUM AND VENUE FOR ANY DISPUTE RELATING THERETO SHALL BE IN ORANGE COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM RELATING TO SUCH DISPUTE (“CLAIM”) IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, SUBJECT TO APPLICABLE LAWS IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT SHALL IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT, WINNER, OR GUEST BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS, WINNERS, AND GUESTS SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. FOR THE AVOIDANCE OF DOUBT, UNLESS PROHIBITED BY LAW ALL DISPUTES AND CLAIMS SHALL BE RESOLVED INDIVIDUALLY, IN ACCORDANCE WITH THESE OFFICIAL RULES AND WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

PERSONAL INFORMATION: The personal information for U.S. residents collected through this Sweepstakes is subject to the Sponsor’s Privacy Policy (as it appears on https://www.incase.com/pages/privacy-policy). By entering this Sweepstakes, Entrants agree to the use of their personal information as described in the applicable Privacy Policy as stated above.

RULES/WINNERS’ LIST REQUESTS: To obtain a copy of these Official Sweepstakes Rules please reach out to legal@incipio.com

SPONSOR: Incipio, LLC., 17192 Murphy Avenue, #19219, Irvine, CA 92623-9998.

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