(US RULES ONLY)
colette x FF Jordan 1 Charity Campaign Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CAMPAIGN IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S./D.C., 18 YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
1. Eligibility: colette x FF Jordan 1 Charity Campaign (the “Campaign”) is open to: legal residents of the United States and the District of Columbia who are at least eighteen (18) years of age or older, who are located in the United States or the District of Columbia, all at the time of entry. Employees, contractors, directors, officers, and agents of StockX LLC (“Sponsor”), colette/Sarah Andelman (“C”), Oceana, Inc. (“O” or the “Charity”) their parents, affiliates, subsidiaries, distributors, sales representatives, and advertising, Campaign and judging agencies and all other service agencies involved with the Campaign, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such person(s) (whether or not related) are not eligible to enter or win.
This Campaign is subject to all applicable federal, state, and local 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 Campaign. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226.
3. Campaign Period: The Campaign begins on December 16, 2019 at 10:00am Eastern Time (“ET”) and ends on December 22, 2019 at 11:59pm ET (the “Campaign Period”). The Campaign Period consists of a “Donation Period” and a “Mail-In Period” as follows:
- The Campaign’s “Donation Period” shall start on December 16, 2019, at 10:00am ET and ends on December 20, 2019, at 11:59 pm ET
- The Campaign’s “Mail-In Period” shall start on December 16, 2019, at 10:00 am ET and ends on December 22, 2019, at 11:59 pm ET
All entries must be submitted during the Campaign Period.
4. How to Enter: There are two ways to enter the Campaign as set forth below.
- To enter by making a donation: During the Donation Period, go to the StockX mobile app, or StockX.com, log in to your account (or create one for free) and make a $20 donation located at www.stockx.com/charity/colette-charity-campaign-2019 To be eligible to win one of the prizes (as described below) of the Campaign via this method, you must successfully make a $10 donation during the Donation Period. No limits on the number of donations you can make. For the avoidance of doubt, donations placed after the Donation Period end time/date (even if placed and completed during the Campaign Period) will not be eligible for entry into the Campaign. Each $20 donation earns an entry in a drawing to win a prize as described below. PLEASE NOTE THAT NINETY PER CENT (90%) OF THE PROCEEDS FROM EACH DONATION WILL BE TRANSFERRED TO THE CHARITY. THE REMAINING TEN PER CENT (10%) REPRESENTS A PROCESSING FEE THAT APPLIES TO EACH DONATION THAT IS RETAINED BY SPONSOR.
- To enter without making a donation: To enter the Campaign without making a donation, hand-print your full name, date of birth, mailing address and email address on a 3” x 5” card, and mail to: StockX’s colette x FF Jordan 1 Charity Campaign, 1046 Woodward Ave., Detroit, MI 48226 to receive one (1) entry into the Campaign. Requests must be postmarked during the Mail-In Period and received no later than the end of the Mail-In Period 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.
All individuals who do not follow all of the instructions, provide the required information, successfully submit their donation, timely submit their entry, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.
Limit: No limit. Unlimited entries per person/e-mail address during the entire Campaign Period for purchases or mail-in entries. Each purchase must be successfully completed during the Donation Period. Each individual mail-in entry must be postmarked and received during the Mail-In Period.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Any entrant that attempts to complete or submit fraudulent entries, and his/her entries, will be disqualified in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Campaign and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
5. Drawing: On or around December 23, 2019, Sponsor will randomly select, by random number generator, thirty (30) total winners, one for each prize, from among all eligible entries received during the Campaign Period, who will be drawn in order of their placement amongst all thirty (30) winners (first place, second place, third place, etc.). The first drawn winner will be able to choose their selection from the below prizes. After the first winner makes his/her selection, the second winner shall be able to then choose from all remaining available prizes, and so on until the last place winner is awarded the last remaining prize.
On or around December 23, 2019, potential winners will be notified via the e-mail address and/or telephone number provided during entry into the Campaign. 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 email address, mailing address and/or telephone number of entrants.
6. Prize: The thirty (30) prizes available to be won are as follows:
- colette x FF Air Jordan 1, Approximate Retail Value (“ARV”): $5000
- Sizes available to win:
- Size 6: 5 pairs
- Size 7.5: 1 pair
- Size 8: 6 pairs
- Size 8.5: 7 pairs
- Size 9: 3 pairs
- Size 11.5: 3 pairs
- Size 12: 1 pair
- Size 13: 3 pairs
- Size 14: 1 pair
- Sizes available to win:
Limit: one (1) prize per person/household. Prizes are non-transferable. 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. Winners will be issued an IRS 1099 form. Please allow 4-6 weeks for fulfillment of prize after confirmation.
Winner acknowledges that Campaign 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.
8. Release: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, C, O, and each of their 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, receipt, possession, and/or use or misuse of any prize; (b) 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) all causes of action arising out of or connected with this Campaign, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
9. 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.
10. 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. Sponsor reserves the right to cancel, suspend and/or modify the Campaign, or any part of it, 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 sole discretion. 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, in its sole discretion, 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 or in an unsportsmanlike or disruptive manner. 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 provision.
11. Binding Arbitration: Any controversy or claim arising out of or relating to this Campaign shall be settled by binding 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, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, 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 JAMS Rules and Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), 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. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) 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 ABOVE AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
12. Governing Law & Jurisdiction: This Campaign and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. 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 State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Michigan.
14. Winner’s List: A list of winners will be available at https://stockx.com/news/ on or around December 23, 2019.
15. Tax Deductible Status of Donations: Neither Sponsor nor C nor O makes any representatives with regard to entrant’s ability to deduct their donation on their taxes. Entrants are encouraged to consult with a tax professional on such matters.
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