California.com iPhone 12 Giveaway 2021
YOU HAVE NOT YET WON A PRIZE.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
The iPhone 12 Giveaway ("Sweepstakes") is sponsored by California.com LLC (the "Sponsor").
1. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are, as of entry date, 18 years of age or older. Employees, officers and directors of Sponsor, Apple Inc., Instagram LLC, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies and members of each of their immediate family (spouse, mother, father, sister, brother, ward, daughter or son and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, whether or not related, of each of the above, are not eligible to enter or win. Void in Florida, New York, and Rhode Island, and Puerto Rico and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. SWEEPSTAKES PERIOD/DEADLINE: The Sweepstakes begin on Saturday August 7, 2021 at 12:01AM Pacific Daylight Time ("PT") and end on Wednesday October 6, 2021 at 11:59PM PT (the "Sweepstakes Period") unless extended or reduced by Sponsor, notice of which will be provided as set out in these Official Rules. A computer designated by the Sponsor will be the official timekeeping device for the Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, an eligible entrant must go to https://www.california.com/landingpage/iphone-12-giveaway and submit their name, valid email address and Instagram handle. To be eligible, an entrant must follow the Instagram account of Payam Zamani (@payamzamani) and California.com (@hellocalifornia). In order to remain eligible, the entrant must be following @payamzamani and @hellocalifornia at the time of the drawing.
Participants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any Participant who attempts to enter with multiple Instagram accounts under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, at Sponsor's sole discretion.
By entering the Sweepstakes, you agree to receive solicitations from Sponsor or its affiliates (unless you have previously opted out). You may later elect not to receive future solicitations from Sponsor or its affiliates.
In the event of a dispute, entries will be deemed submitted by the Authorized Account Holder of the Instagram account submitted at the time of entry. For purposes of this Sweepstakes, the “Authorized Account Holder” is defined as the natural person or legal entity who is assigned to the Instagram account at the time of entry.
If you would like to enter offline, please print your full name, email address and mailing address on a letter, affix postage and mail to: California.com LLC 1820 Bonanza Street, Walnut Creek, CA 94596 Attn: California.com iPhone 12 Giveaway 2021. All mail-in entries must be received by Wednesday October 6, 2021 at 11:59PM PT. All entries become property of Sponsor and will not be returned. Limit: One entry per person per mailer. Incomplete entries are void. All entries must include a valid email or mailing address where entrant may be reasonably contacted in the event of a winning entry.
Entries that are misdirected, lost, incorrect, incomplete, illegible, or garbled upon actual receipt by Sponsor, for any reason, including without limitation by reason of hardware, software, browser, or network failure, malfunction, or incompatibility with Sponsor's or other third party servers involved in the entry process, will not be eligible.
Proof of submission of the completed entry form by an entrant does not constitute proof of delivery to Sponsor of the entry form. Sponsor's decisions with respect to completion and delivery of valid entries will be final.
4. PRIZE AND ITS FACE VALUE (FV): Only one (1) winner will win one (1) Prize: The sole prize consists of one ‘iPhone 12’ by Apple Inc. Manufacturer’s Suggested Retail Price (“MSRP”) of the iPhone 12 excluding tax, shipping and handling charges is estimated around 829.00 U.S. dollars. Prize winner is required to comply with all applicable federal, state and local laws, rules and regulations. Prize winner will be solely responsible for any applicable federal, state and local taxes and fees/expenses including but not limited to sales tax and any other expenses not listed herein related to receipt, possession, acceptance and use of the Prize. No prize substitution or cash redemption of Prize, except at Sponsor's sole discretion. Sponsor reserves the right to substitute the Prize with a prize of comparable or greater value. Prize is not transferable prior to award and cannot be substituted, sold or bartered.
iPhone 12 Delivery: Sweepstakes Sponsor shall not be responsible for delays in availability of the iPhone 12; final awarding of the iPhone 12 is subject to availability. Sweepstakes Sponsor shall use all reasonable efforts to award the iPhone 12 within one hundred and eighty (180) days after determination of a winner in accordance with these Official Rules.
5. RANDOM DRAWING: A random drawing will be conducted by the Sponsor within seven (7) business days from the end of the Sweepstakes Period to select one (1) winner among all eligible entries and Additional entries received. The decision of the Sponsor shall be final and binding. Odds of winning depend on the total number of eligible entries and Additional entries received.
6. NOTIFICATIONS: The potential Sweepstakes prize winner ("Potential Winner") will be notified by Instagram, telephone, mail and/or email approximately within seven (7) business days following the applicable winner selection. The Potential Winner may be required within two weeks to complete and return an Affidavit of Eligibility and Release of Liability/Publicity Release ("Affidavit"). At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  Potential Winner's failure to respond to an e-mail or mail notification within five (5) business days from the date sent;  the return of any notice as undeliverable;  Potential Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency;  Potential Winner's failure to execute and return Affidavit (if required by Sponsor);  Potential Winner’s failure to execute and return a W-9 form supplying Sponsor with his/her social security number for tax purposes within five (5) business days after it is mailed;  Potential Winner's failure to validly claim any prize by Tuesday, June 15, 2021 at 11:59PM PT and  any other non-compliance with these Official Rules. In the event of any prize forfeiture, the Sponsor, at its sole discretion, may award the forfeited prize to an alternate winner. Any taxes are solely the responsibility of winner. Upon contacting a Potential Winner and determining that he/she has met all eligibility requirements of the Sweepstakes, including without limitation the execution and timely return of the required documents, such individual will be declared as the "winner" of the Sweepstakes.
The winner shall receive Prize within one hundred eighty (180) days after receipt by Sponsor of all required documents as specified in Notifications under Section 6 above. The receipt by you of any prize is conditional upon you complying with any and all applicable laws, rules and regulations.
EACH POTENTIAL PRIZE RECIPIENT IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ELIGIBLE ENTRANT IS NOT A WINNER OR RECIPIENT OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
7. LIMITATION OF LIABILITY AND GENERAL RELEASE: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Instagram LLC, Apple Inc., and their respective parents, affiliates, subsidiaries, retailers, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from his/her participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of any awarded prize (including any activity related thereto); and (c) to the use of his/her name, voice, performance, photograph/video, entry, social media Profile picture, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation, notification (unless prohibited by law) or additional consents from nominator or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. Released Parties are not responsible for lost, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website.
SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR ACCEPTANCE AND/OR USE OF ANY PRIZE. BY PARTICIPATING IN ANY SWEEPSTAKES OR ACCEPTING ANY PRIZE, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND USE OF A PRIZE AND AGREE THAT YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK.
8. RESOLVING DISPUTES:
- Let’s Try To Sort Things Out First: We want to address your concerns without needing a formal legal case. Before filing a claim against Sponsor, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 90 days of submission of a claim – and only then – you or Sponsor may bring a formal proceeding.
- We Both Agree To Arbitrate: You and Sponsor agree to resolve any claims relating to these Official Rules or any Sweepstakes through final and binding arbitration. Arbitration shall be held in the state of California. You and Sponsor agree to submit to the personal jurisdiction of California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by sending a letter with proof of delivery to Sponsor that must be postmarked within 30 days of your Sweepstakes entry. The letter must specify your first and last names, email address, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent ATTN: Legal Department to 1820 Bonanza Street, Walnut Creek, CA 94596.
- Arbitration Procedures: The arbitration shall be conducted by a single arbitrator, governed by the rules of Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration agreement. You agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
- Arbitration and Attorney’s Fees: You are responsible for all costs that you may incur in the arbitration, including, but not limited to, attorney’s fees and expert witness costs unless Sponsor is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Sponsor and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Sponsor and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Official Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, Sponsor and you agree not to seek attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for any improper purpose. Sponsor and you understand that, absent this mandatory arbitration provision, Sponsor and you would have the right to sue in court and have a jury trial. Sponsor and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Sponsor is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Sponsor. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Sponsor and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Sponsor to the extent that any such claims arise out of your access to or participation in the Sweepstakes or any component thereof or other promotion or incentive run in connection with any reward.
- No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST RALLY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF THESE OFFICIAL RULES. OTHERWISE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION TO THE EXTENT THAT YOU PARTICIPATE IN A SWEEPSTAKES.
- Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sponsor agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of California. Both you and Sponsor consent to venue and personal jurisdiction there.
- Choice of Law: You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state or provincial law concerning arbitration. You otherwise agree that the laws of California govern these Official Rules and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
9. TIME LIMITATION FOR FILING SUIT: The Sweepstakes entrant shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the Sponsor arising out of or related to this agreement in accordance with the requirements of the method of binding dispute resolution selected in this agreement within 1 year after the start date of this Sweepstakes but in no event later than permitted by applicable law. You, as the Sweepstakes entrant, waive all claims and causes of action not commenced in accordance with this section.
10. GENERAL: No substitution or transfer of Prize is permitted, except by Sponsor, at its sole discretion. Any and all federal, state, and local taxes on the prizes, and any other costs, fees, and expenses associated with Prize acceptance and use not explicitly stated herein as being awarded, are the sole responsibility of the Winners. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in a disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) for any reason, including without limitation in the event of any technical malfunction, any unauthorized tampering or anything occurring beyond Sponsor’s control, and, if terminated, at its discretion, select the Potential Winners for the Sweepstakes Period from all eligible, non-suspect entries received for the applicable Sweepstakes Period prior to action taken using the judging procedure outlined above.
In the event of a dispute, the name of the "Authorized Account Holder" associated with any given Instagram account will be deemed to be the entrant and he/she must comply with these Official Rules. The Authorized Account Holder is defined as the natural person who is assigned an Instagram account by Instagram LLC Proof (to Sponsor's satisfaction) of being the authorized account holder may be required by Sponsor.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC, Apple Inc., or their respective affiliates, subsidiaries and/or parents. You agree to release Instagram LLC, Apple Inc. and/or their respective affiliates, subsidiaries and/or parents for any liabilities or claims associated with this Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. PUBLICITY AND INTELLECTUAL PROPERTY RIGHTS: By participating in a Sweepstakes, you agree to allow Sponsor and/or Sponsor designee(s) the perpetual right to use your name, biographical information, photos and/or likeness, voice, address (city and state), and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law; if requested by Sponsor, you shall provide any requested consents.
12. WINNERS LIST/RULES For a copy of the Official Rules or for the name of the prize winner, mail a stamped, self-addressed envelope by Monday, November 1, 2021 at 11:59PM PT to: California.com. Attention: California.com iPhone 12 Giveaway 1820 Bonanza Street, Walnut Creek, California 94596. Only one request per envelope.
13. SPONSOR: California.com LLC. 1820 Bonanza Street, Walnut Creek, California 94596.
16. ADDITIONAL TERMS: The right to receive a prize is non-assignable and non-transferable, and no prize substitution, exchange, transfer or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in case of unavailability of prize or force majeure. Sponsor will not replace any lost or stolen prize(s) or components of a prize. Only the number of prizes stated in these Official Rules and on the Website in respect of the applicable Sweepstakes will be available to be won in that Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules and on the Website in respect of a Sweepstakes, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Once a prize is fulfilled, it cannot be cancelled or changed; it is completely non-refundable. There are no refunds, exchanges, replacements, conversions for currency, or credits.
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