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Tile x Skullcandy Giveaway Twitter Sesh Evo (1)

Tile x Skullcandy True Wireless Giveaway: Terms and Conditions

By: Tile
07.08.2020

Tile + Skullcandy True Wireless Giveaway Rules 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

1. Eligibility

The Tile + Skullcandy (“Promotion”) is open only to:

- Legal residents of the United States (including the District of Columbia), Canada (excluding Quebec) and the United Kingdom;

- Participants who have reached the age of majority in their country or territory of residence; 

- Participants who fully and unconditionally agree to and comply with these Official Rules; and

- Participants who are not employees of Tile, other companies associated with the promotion of the Giveaway or any of their related companies or representatives (“Agents”), or the immediate family members or household member of an employee. 

This Promotion is subject to various national, state, territory, and local laws and regulations, and is void where prohibited. Tile’s decisions are final in all matters related to the Promotion.

2. Sponsor

The Giveaway is sponsored by Tile, Inc. (Tile), located at 1900 S. Norfolk St., Suite 310, San Mateo, CA 94403.  Facebook, Instagram and Twitter are not sponsoring, endorsing or associated with this Promotion in any way.

3. Agreement to Official Rules

Participation in the Giveaway constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein. 

4. Giveaway Period
 The Giveaway begins on July 8, 2020 at 8:00AM PT and ends on July 9th, 2020 at 4:59 PM PT (the "Giveaway Period"). Entries that are submitted before or after the Giveaway Period will be disqualified. Submissions will be accepted online for the duration of the Giveaway. 

 5. How to Enter 

Visit www.facebook.com/tile, www.facebook.com/skullcandy, twitter.com/thetileapp, www.twitter.com/skullcandy, wwwinstagram.com/tile, www.instagram.com/tileeurope, www.instagram.com/skullcandy, or www.instagram.com/skullcandy_eu and follow these instructions to submit your entry:

During the Giveaway Period: (a) Like the post on facebook, Twitter, or Instagram; (b) Follow both Tile and Skullcandy on Facebook, Twitter, or Instagram; (c) Tag a friend in the post comments. Entrants must like the a post, follow both brands on at least one social network and tag a friend in the comments to be eligible. Each tag is referred to as a “Submission” and together with any other content or information provided by Entrant in connection with the Giveaway.  Submit only content that (1) is not defamatory, obscene, offensive or indecent; (2) that is not confidential or proprietary; and (3) that does not violate or infringe any third party rights.  By providing content, you grant Tile all licenses needed to enable Tile’s use of the content for any purpose.  Tile’s Terms of Service (available at tile.com) applies.

Alternate Method of Entry: You may enter the Giveaway without tagging a friend on Facebook, Twitter or Instagram by mailing your name and email address with a legibly handwritten, self-addressed, stamped envelope with sufficient postage and a return address including first and last name, email address, street address, city, state and zip code to:  Tile Inc., ATTENTION: Zahra Talieh 1900 S. Norfolk St. Suite 310, San Mateo CA 94403.  Mail-in requests, including both outer envelope and inner entry must be handwritten.  The outer envelope must be postmarked no sooner than July 8, 2020 and no later than July 9, 2020. 

 Limitation on Entries: Limit one (1) Entry per person, per email address or social media alias and/or username and per household for the duration of the Giveaway Period, regardless of method of entry. If you attempt to obtain more than the permitted number of Entries by using multiple or different email addresses, identities or any other method, your Entries will be void.  If you use any automated process or cheat to participate, such as a bot, Tile will disqualify you from the Promotion.  Entries that fail to comply with these Official Rules will NOT be honored or acknowledged.  All entries become the property of Sponsor and will not be acknowledged or returned. 

6. Prize Drawing & Winner Notifiaction

On or about July 9, 2020 at 1900 S. Norfolk St., Suite 310, San Mateo, CA 94403 USA, the Sponsor will select potential winners in a random drawing from among all eligible entries received. All Winners will be selected by a random draw.  The odds of being selected depend on the number of entries received. All decisions regarding the selection of the potential winner(s) are final.  

The Sponsor will attempt to notify the potential winner via direct messages on Facebook, Twitter, or Instagram (depending on the channel of entry) on or about July 10, 2020. If the potential winner does not respond within five (5) days after the date of the first attempt to contact him/her, the prize is returned as undeliverable or a potential winner fails to sign and return any requested documents or information within the required time period, the potential winner forfeits the prize.  

If a potential winner is disqualified or the prize is forfeited for any reason, the Sponsor will award the prize to an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. Only three (3) alternate drawings will be held, after which Tile may donate the prize to a charity of Tile’s choice.

7. To Claim a Prize 

For those who enter the Giveaway online as outlined in Section 5, the potential winner(s) will be direct messaged on Facebook, Twitter, or Instagram. For those who enter by mail, the potential winner(s) will be sent an email.  The Prize winner will be required to complete, electronically sign and submit a Release and Declaration of Compliance within five (5) days of the date notice or attempted notice is sent in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Giveaway. 

8. Prizes

There are sixteen (16) prizes.  Your odds of winning a prize depends on the number of eligible entries.  All approximate retail values (ARV) are expressed in US dollars. Prizes are not transferable, and no substitution for cash or other goods or services is permitted.  If for any reason an advertised prize is unavailable, Tile reserves the right to substitute a prize of equal or greater value.  Winners are responsible for any applicable taxes on prizes. (8) – Skullcandy Indy Fuel True Wireless Earbuds (4) – Skullcandy Sesh Evo True Wireless Earbuds, (4) – Skullcandy Push Ultra True Wireless Headphones.  ARV: $1440.

9. General Conditions

 In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Giveaway is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Giveaway and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor 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 Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. 

10. Release of Limitations of LIability

By participating in the Giveaway, to the extent allowable under applicable law, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Giveaway, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties)" as well as Facebook, Instagram and Twitter from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Giveaway, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Giveaway; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Giveaway, including, without limitation, errors that may occur in the administration of the Giveaway, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Giveaway materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Giveaway or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the entrant be entitled to receive attorney's fees. 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 Giveaway. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

11.   Privacy and Publicity. 

Nothing in these Official Rules shall be deemed to exclude or restrict any of your statutory rights as a consumer.  If you participate in the Promotion, you consent to Tile’s processing your personal information in accordance with Tile’s Privacy Policy, which you can read at https://tile.com.  You also consent to Tile’s use of your Entry, personal name, user/screen name, social media handle, likeness, photograph, voice, opinions, and/or hometown and state (“Entry Data”) for promotional purposes. Tile  (or its Agent) has the option, but not the obligation, to use your Entry Data in any media, worldwide, without any further attribution, notification or compensation.  Some jurisdictions prohibit the mandatory consents described above, so some or all of them may not apply to you.

For residents of the European Union: Tile, Inc. shall be considered the data controller for the database containing Personal Information, and it provides for an appropriate data protection level.  You understand that your Personal information shall be processed for the purposes outlined below, in accordance with Tile’s Privacy Policy, available at www.tile.com.  Personal Information will be used for the purposes of:

- Organizing, running and monitoring the Promotion and prize fulfillment, including, if you win a prize, publishing (i) your name on the Winner(s) List and (ii) your name and country of residence online or in any other media in connection with the Promotion, as described in this Section 11 above; and

- Any additional processing activities to which you consent and/or acknowledge as applicable.

12. Disputes

This section applies to Promotion entrants who are residents of the United States and Canada.

All disputes, claims or controversies arising out of or relating to the Giveaway, including the marketing and promotion of the Giveaway ("Disputes"), shall be resolved exclusively by binding arbitration in the United States under the laws of the United States.  The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, Tile's or Tile's licensors' trade secrets or copyright, trademark or patent rights; and (ii) those brought in small claims court.

- You and Tile shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Tile will send its Notice of Dispute to the contact information in your Entry, or other address you provide for this purpose. You will send your Notice of Dispute to: Tile Inc., 1900 S. Norfolk St. Suite 310, San Mateo, CA USA 94403, ATTENTION: Legal Department.

- If you and Tile cannot resolve a Dispute informally, you or Tile may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Tile may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

- YOU AND TILE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 

- If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and Tile agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

- If the arbitrator rules in your favor on the merits of any claim you bring against Tile and issues you an award that is greater in monetary value than Tile's last written settlement offer made before Tile makes its final written submissions to the arbitrator, then Tile will: pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award, and reimburse the arbitration fees that you paid to the AAA.

 13. Winner List 

To request the name of the winner send a self-addressed, stamped envelope to Zahra Talieh, Tile Inc. 1900 S. Norfolk St., Suite 310, San Mateo, CA 94403. Winner List requests will only be accepted after the promotion end date (listed above).

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