(People’s Republic of China, excluding Taiwan, Macao, and Hong Kong)
Air Max Day 2020 Social Giveaway Rules
March 26, 2020—March 29, 2020
PUBLISHED: March 26, 2020
UPDATED: March 29, 2020
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE PEOPLE’S REPUBLIC OF CHINA (HEREINAFTER REFERRED TO AS THE “PRC”, EXCLUDING TAIWAN, MACAO, AND HONG KONG) ONLY AND WILL BE GOVERNED BY THE LAWS OF THE PRC. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCTED IN THE PRC AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE PRC, WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY, WHO ENTER FROM WITHIN THE PRC.
1.Eligibility: Air Max Day 2020 Social Giveaway (the “Sweepstakes”) is open to: legal residents of the PRC, who are at least eighteen (18) years of age or older, who are located in the PRC, all at the time of entry. Employees, contractors, directors, officers, and agents of StockX LLC (“Sponsor”), its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226, [email protected]
3. Sweepstakes Period: The Sweepstakes begins on March 26, 2020, at 12:00 pm Eastern Standard Time (“EDT”) and ends on May 3, 2020, at 11:59 pm EDT (The “Sweepstakes Period”). The Sweepstakes Period consists of an Entry Period and a Fulfillment Period as follows –
- The Sweepstakes’ “Entry Period” shall start on March 26, 2020, at 12:00 pm EDT and ends on March 29, 2020, at 12:00 pm EDT;
- The Sweepstakes’ “Fulfillment Period” shall start on March 29, at 12:01 pm EDT and ends on May 3, 2020, at 11:59 pm EDT.
All entries must be submitted during the Entry Period and, if applicable for a given method of entry, and fulfilled during the Fulfillment Period to be valid.
4. How to Enter: There are two ways to enter the Sweepstakes as set forth below.
- To enter by “following” on Instagram: During the Entry Period, go to the official @stockxsneakers Instagram post announcing the giveaway,”follow” @stockxsneakers, “like” the post, “post” a picture of a Nike Air Max sneaker with the “hashtag” #stockxamd, tag three friends in the comments. To be eligible to win Prize (as described below) via this method, you must follow the official @stockxsneakers Instagram account. You must like the Instagram post announcing the giveaway during the Entry Period with your public (not private) Instagram account, you must “post” a picture of a Nike Air Max shoe with the hashtag “#stockxamd,” you must “tag” 3 friends, and, if chosen as a winner, successfully complete a W9 Tax Form by the end time/date of the Fulfillment Period. For the avoidance of doubt, “following” after the Entry Period end time/date (even if completed during the Fulfillment Period) will not be eligible for entry into the Sweepstakes.
- To enter the Sweepstakes without “following” on Instagram, hand-print your full name, date of birth, mailing address and email address on a 3” x 5” card, and mail to: StockX Select Giveaway, 1046 Woodward Ave., Detroit, MI 48226 to receive one (1) entry into the Sweepstakes. Requests must be postmarked during the Entry Period and received by April 6, 2020 to be eligible. Each mail-in entry must be in a separate postmarked outer envelope. No facsimiles or mechanical reproductions of entries allowed. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries. Submissions become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries.
Individuals, who do not follow all of the instructions, provide the required information, successfully submit their bid, timely submit their entry, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering, entrants hereby release Instagram of any liability in connection with the Sweepstakes.
5. Drawing: On or around April 6, 2020, Sponsor will randomly select five (5) winners from among all eligible entries, from among all eligible countries: The United States, the United Kingdom, Germany, France, Italy, Switzerland, Denmark, Canada (without Quebec), and the People’s Republic of China (“PRC”) received during the Sweepstakes Period, or by April 6, 2020 for mail-in entries only, who will win one (1) prize package. Odds of winning the prize package depend on the number of eligible entries received.
On or around April 6, 2020, potential winners will be notified via their Instagram account. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, the winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of Instagram account, mailing address and/or telephone number of entrants.
6. Prize: The prizes available to be won are as follows:
Five (5) prize winners, from the PRC, the United States, the United Kingdom, Germany, Italy, France, Switzerland, Denmark, and Canada (without Quebec) will receive:
- One (1) unique code redeemable for a one-time $250 USD purchase on stockx.com
All prize details (including without limitation size, style, and color) will be determined by Sponsor in its sole discretion. ARV is as of the date of printing of these Official Rules. The difference in the value of the prize as stated herein and value at the time of prize notification, if any, will not be awarded. Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law. Winners will be issued an IRS 1099 form. Please allow 4-6 weeks for shipment of the prize after confirmation.
Winner acknowledges that Promotion Parties (as defined below) have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
7. Release: As a condition of entering, entrants agree to the maximum extent permitted by applicable law: (a) to release Sponsor, each of its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Campaign Parties”), from any and all liability, loss or damage incurred with respect to the awarding and/or receipt of any prize; (b) that under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees. The Sponsor does not exclude or limit its liability for personal injury or death caused by negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded.
8. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
9. General Conditions: To the extent allowed under applicable law, Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Campaign or by any technical or human error which may occur in the processing of the entries. If any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Campaign, as determined by Sponsor in its reasonable discretion, Sponsor shall have the right to temporarily suspend the Campaign or any part of it, after publishing a notice explaining such suspension and stating the time of the suspension. If the Campaign cannot be resumed after the end of the suspension, Sponsor shall then explain the reasons and the remedial measures already taken to entrants before cancellation of the Campaign. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right to disqualify any individual and his/her entries it finds to be tampering with the entry process, the website, or the operation of the Campaign or to be acting in violation of the Official Rules of this or any other Campaign. Any attempt by any person to deliberately undermine the legitimate operation of the Campaign may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.
10. Binding Arbitration: Any controversy or claim arising out of or relating to this Campaign shall be subject to the arbitration by China International Economic and Trade Arbitration Commission (“CIETAC”) in accordance with the Arbitration Rules of CIETAC in force at the time of filing arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the Arbitration Rules of CIETAC. The arbitrator shall apply the laws of the PRC. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CAMPAIGN IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CAMPAIGN, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH HEREIN, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
11. Governing Law & Jurisdiction: Except where prohibited by law, this Campaign and its Official Rules are governed by the laws of the PRC. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the PRC, without giving effect to the conflict of laws rules thereof.
12. Entrant’s Personal Information: Please see the privacy policy located at https://stockx.com/privacy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly available winner’s list.
13. Winner’s List: A list of winners will be available at https://stockx.com/news/collected-promo-winners/ on or around April 6, 2020. For all the duration of the Sweepstakes, these Official Rules will be made available on the following website https://stockx.com/news/promotion-rules-page together with any other promotional material regarding the Sweepstakes.
