March 17, 2020

KAWS Share Figure ReStockX Official Rules, EU, UK, Canada

Peter Lucido III

Peter is a content manager at StockX with a focus on electronics.

(UK, GERMANY, FRANCE, ITALY, DENMARK, SWITZERLAND AND CANADA (EXCLUDING QUEBEC) RULES ONLY)

KAWS Share Figure ReStockX
Promotion Rules

17/3/2020 – 19/3/2020
Publication Date of Official Rules: 17/3/2020

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER AND WIN THE OPPORTUNITY TO PURCHASE THE PRODUCT FOR THE AMOUNT OF THE MINIMUM BID. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UK, GERMANY, FRANCE, ITALY, DENMARK, SWITZERLAND AND CANADA (EXCLUDING QUEBEC) ONLY AND WILL BE GOVERNED BY THE APPLICABLE NATIONAL LAW OF THE COUNTRY WHERE THE PARTICIPANT RESIDES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN UK, GERMANY, FRANCE, ITALY, DENMARK, SWITZERLAND OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF UK, GERMANY, FRANCE, ITALY, DENMARK, SWITZERLAND AND CANADA (EXCLUDING QUEBEC) WHO ARE 18 YEARS OF AGE OR OLDER AND HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY, WHO ENTER FROM WITHIN UK, GERMANY, FRANCE, ITALY, DENMARK, SWITZERLAND OR CANADA (EXCLUDING QUEBEC).

1. Eligibility: KAWS Share Figure ReStockX (the “Sweepstakes”) is open to legal residents of UK, Germany, France, Italy, Denmark, Switzerland and Canada (excluding Quebec) who are at least eighteen (18) years of age or older (and have reached the legal age of majority in their jurisdiction of residence), and who are located in UK, Germany, France, Italy, Denmark, Switzerland or Canada (excluding Quebec), all at the time of entry. Employees, contractors, directors, officers, representatives 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 (as applicable) and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Promotion 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: StockXUK Ltd., Unit 18, Victoria Industrial Estate, London W3 6UU, UK; [email protected].

3. Sweepstakes Period: The Sweepstakes begins on March 17, 2020, at 12:00 pm Eastern Daylight Time (“EDT”) and ends on April 20, 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 17, 2020, at 12:00 pm EDT and ends on March 19, 2020, at 12:00 pm EDT;
  • The Sweepstakes’ “Fulfillment Period” shall start on March 19, 2020, at 12:01 pm EDT and ends on April 20, 2020, at 11:59 pm EDT.

All entries must be submitted during the Entry Period, being either:

  • the registration of a mock bid of £1 (for UK residents), €1 (for German, Italian, French, Danish and Swiss residents) and $2CAD (for legal residents of Canada (excluding Quebec)) (such applicable price being the “Minimum Bid”) for the Product (for the avoidance of doubt, the registration of the mock bid will not require any form of purchase or payment unless a winner elects to purchase the Product); or
  • by posting a mail-in entry, as described below.

If a winner elects to redeem a prize to purchase the Product for the Minimum Bid, the winner must pay the amount of the Minimum Bid during the Fulfillment Period. A winner is under no obligation to purchase the Product.

4. How to Enter: There are two ways to enter the Sweepstakes as set forth below. Both methods of entry are free. A participant is only required to make a payment if a participant wins the prize (being the option to purchase the Product for the amount of the Minimum Bid) and elects, in that participant’s sole discretion, to purchase the Product for the amount of the Minimum Bid.

  • To enter by registering a mock bid online: During the Entry Period, go to StockX mobile app, or StockX.com, log in to your account (or create one for free) and register a valid mock bid of the amount of the Minimum Bid as a buyer for the Product located at https://stockx.com/kaws-share-restockx for one (1) entry. To be eligible to win a prize (as described below) of the Sweepstakes via this method, you must register a mock bid of the Minimum Bid during the Entry Period. At the time you register the mock bid, you will not make, nor be obligated to make, any payment. If you are a winner you will have the opportunity to purchase the Product for the Minimum Bid during the Fulfilment Period. For the avoidance of doubt, mock bids registered after the Entry Period end time/date (even if registered during the Fulfillment Period) will not be eligible for entry into the Sweepstakes.
  • To enter by mail without registering a mock bid online: To enter the Sweepstakes without registering a mock bid online, hand-write your full name, mailing address and email address on a 3” x 5” card, and mail to: StockX’s KAWS Share Figure ReStockX Sweepstakes, Unit 18, Victoria Industrial Estate, London W3 6UU, UK (for residents of the United Kingdom, France, Germany, Switzerland, Denmark, or Italy) or StockX’s KAWS Share Figure ReStockX Sweepstakes, 1046 Woodward Ave., Detroit, MI 48226, United States (for residents of Canada (excluding Quebec)) to enter (by way of one (1) entry) into the Sweepstakes. Mail-in entries must be postmarked during the Entry Period and received by March 25, 2020 to be eligible. The 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.

If chosen as a winner in accordance with these Promotion Rules, you will be awarded the option to purchase the Product for the Minimum Bid. If you elect to do so, you must successfully complete the purchase in accordance with the general terms of sale available at stockx.com by transferring the Minimum Bid to the Sponsor by the end time/date of the Fulfillment Period. If you do not complete the purchase during the Fulfillment Period you will lose the right to receive the Product for the Minimum Bid.

Individuals who do not follow all of the instructions, provide the required information, successfully register their mock bid (if applicable), timely submit their entry, and/or abide by these Promotion Rules or other reasonable instructions of Sponsor may be disqualified.

Limit: One (1) entry per person/e-mail address during the entire Sweepstakes Period for mock bids online or mail-in entries.

Automated entries are prohibited, and any use of automated devices will cause disqualification. Any entrant that attempts to complete or submit fraudulent entries will be disqualified (including all of that entrant’s entries) in Sponsor’s reasonably exercised discretion. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s reasonably exercised discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of the 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 March 25, 2020, Sponsor will randomly select three (3) winners from among all eligible entries received from Europe and Canada (excluding Quebec) during the Sweepstakes Entry Period or by March 25, 2020 for mail-in entries only. Odds of winning a prize depend on the number of eligible entries received. Winners will win the opportunity to purchase the Product of their choice (from the available Product selection) in the order they are randomly selected for the Minimum Bid.

On or around March 27, 2020, winners will be notified via the e-mail address and/or telephone number provided during entry into the Sweepstakes. Unsuccessful Participants will not be notified.

The selected winners win the option to purchase one (1) of the following three (3) products described below in accordance with the selection process described below (the “Product”) for the Minimum Bid (the option to purchase constitutes the “prize”). The purchase must be completed during the Fulfillment Period. If a selected winner does not purchase the Product during the Fulfillment Period the participant will no longer be entitled to purchase the Product.

In Canada (excluding Quebec) only, selected entrants will be required to correctly answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered by telephone at a mutually convenient time in order to be eligible to win a prize. Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law.

Potential winners are subject to verification. If a potential winner is found not to be eligible, not in compliance with these Promotion Rules, or unable to correctly answer the skill test (Canada (excluding Quebec) only), if attempted notification or any Product 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 and/or Product as stated, the winner may be disqualified and the prize and/or Product may be forfeited in Sponsor’s reasonably exercised 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 (and, for the avoidance of doubt, a disqualified winner will not be required to pay or purchase the Product after disqualification). Where lawful under applicable law, winners may be required to complete, sign and return an Affidavit of Eligibility/Declaration of Compliance and Liability/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 prizes are the rights to purchase one (1) of the three (3) Products for the amount of the Minimum Bid.

The Products available to be purchased for prize winners from Europe and Canada (excluding Quebec) are as follows:

  • One (1) KAWS Share Vinyl Figure Black, Approximate Retail Value (“ARV”): $475 USD
  • One (1) KAWS Share Vinyl Figure Grey, ARV: $475 USD
  • One (1) KAWS Share Vinyl Figure Brown, ARV: $475 USD

All Product details (including without limitation, size, style, and color) will be determined by Sponsor in its reasonably exercised discretion. Approximate Retail Value (“ARV”) is as of the date of printing of these Promotion Rules (as stated at the top of these Promotion Rules). The difference in the value of the Products as stated herein and value at the time of Products notification, if any, will not be awarded.

Limit: one (1) prize (being the opportunity to purchase the Product for the amount of the Minimum Bid) per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the reasonably exercised discretion of the Sponsor. In the event of unforeseen circumstances, if a Product, or any portion thereof, cannot be awarded, Sponsor shall substitute the Product with another product 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 and/or Products they receive, regardless of whether it, in whole or in part, is used except such taxes, which Sponsor is the direct subject of pursuant to applicable legislation. The ARV of the Product is based on available information provided to Sponsor and the value of any Product awarded to a winner may be reported for tax purposes where required by law. Please allow 4-6 weeks for shipment of the Product after confirmation (prize includes delivery).

Not applicable in Saskatchewan: To the extent permitted under applicable law, 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/Product, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a Product (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 (“Promotion Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any Product except for warranty claims resulting from the delivery of a defective item or for damages resulting from injury to life, body or health and other damages resulting from a grossly negligent or intentional breach of duty; (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; and (c) 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.

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 including without limitation on paper, audio, video, audio-visual, electronic, digital or online media on worldwide basis and royalty-free basis for a term of two years as of their selection as winners.

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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its reasonable 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 reasonably exercised 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 Sweepstakes or to be acting in violation of the Promotion Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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 Promotion Rules shall not constitute a waiver of that provision.

10. Governing Law & Jurisdiction: Except where prohibited by law, this Sweepstakes and its Promotion Rules are governed by English law and are subject to all applicable laws and regulations. The entire mandatory law of the country in which the participant has his habitual residence remains applicable. The European Commission also provides consumers with an online dispute settlement platform accessible at the following address: https://ec.europa.eu/consumers/odr/.

11. Entrant’s Personal Information: The personal data you provide shall be processed by the Sponsor, as data controller for the purpose of managing your participation in the Sweepstakes and, where applicable, deliver the prize, based on the contractual relationship between you and the Sponsor. Your personal data may be disclosed to third parties and subject to international transfer to territories outside of your jurisdiction of residence. You may exercise your rights to access, erasure, rectification, restriction, objection and data portability (where applicable), as well as withdraw your consent at any time and free of charge. Please see the privacy policy located at https://stockx.com/privacy for details of Sponsor’s policy regarding the use by the Sponsor of your 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.

12. Winner’s List: A list of winners will be available at https://stockx.com/news/en-gb/collected-promo-winners on or around March 30, 2020.
For all the duration of the Sweepstakes, these Promotion Rules will be made available on the following website https://stockx.com/news/en-gb/promotion-rules-page together with any other promotional material regarding the Sweepstakes.

13. Translations: Copies of these Promotion Rules in Italian, French, and German can be found here. In the event of any consistency between different language versions of these Promotion Rules, the English version shall prevail.