June 27, 2022

StockX Collective - July ‘22 Edition Official Rules, United States

(US Only)

StockX Collective – July ‘22 Edition Rules
July 1, 2022 — July 31, 2022
PUBLISHED: July 27, 2022

Start Date: July 1, 2022
Start Time: 1:00:00 PM EST
End Date: July 31, 2022
End Time: 11:59:59 PM EST
Product (MSRP): Off White Jordan 1s – White ($190 USD)
Selection Date: Aug 1, 2022
Announcement Date: Aug 2, 2022

THIS PROMOTION IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND 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: The Promotion is open to: legal residents of the fifty (50) 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, who own a StockX Collect July Edition all at the time of entry (each such person, a “Participant” or an “Eligible Participant.”). Employees, contractors, directors, officers, and agents of StockX LLC, its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Promotion, 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 Promotion 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 Promotion. Winning a Product is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226 https://help.stockx.com.

3. Promotion Period: The Promotion begins on Start Date at Start Time and ends on End Date at End Time (the “Promotion Period”).

All Eligible Trades must be made during the Promotion Period to be valid.

4. How to Participate:  During the Promotion Period, Eligible Participants may participate by making one or more Eligible Trades (each such person making at least one trade, an “Entrant”).  An “Eligible Trade” is either a completed purchase or sale of “StockX Collective – July ‘22 Edition” token on the StockX website. The Entrant making the most Eligible Trades during the Promotion Period will win the Product, subject to eligibility verification. For the avoidance of doubt, any trade made after the Promotion Period will not be considered an Eligible Trade. In order to win, the entrant must own a StockX Collective – July ‘22 Edition on the Selection Date. Sponsor shall have sole and absolute authority and discretion in determining whether a trade is an Eligible Trade for purposes of this Promotion.  An Entrant’s proof of a trade shall not be considered proof of an Eligible Trade.

5. Winner Determination: On or around the Selection Date, Sponsor will determine the winner based on all Eligible Trades completed during the Promotion Period (“Winner”), who will receive one (1) Product. In the event that more than one Entrant completed the most Eligible Trades, the Entrant who completed the most Eligible Trades first will be selected as the Winner.

On or around the Announcement Date, the potential Winner will be notified via their email address on file for their StockX account. Unsuccessful Entrants will not be notified. If a potential winner is found not to be eligible or not in compliance with these Official Rules, 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 Product as stated, the winner may be disqualified and the Product 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 Product to an alternate entrant based on the next highest number of Eligible Trades made during the Promotion Period. Winner 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 Product may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.

6. Product: The Product available to the winner is described above, with a manufacturer’s suggested retail price (“MSRP”) as set forth above.  The Winner will receive one (1) Product.

All Product details (including without limitation size, style, and color) will be determined by Sponsor in its sole discretion. The difference in the value of the Product as stated herein and value at the time of notification, if any, will not be awarded. Limit: one (1) Product per person/household. Product is non-transferable and no cash equivalent or substitution of Product is offered, except at the sole discretion of the Sponsor. If a Product, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the Product with another product of equal or greater value. Product winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Product they receive, regardless of whether it, in whole or in part, is used. The MSRP 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. Winner may be issued an IRS 1099 form. Please allow 4-6 weeks for shipment of the Product 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 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 participating, Entrants  agree (and agree to confirm in writing): (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; (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 Promotion, or any Product 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.

8. Publicity: Except where prohibited by law, 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, video 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: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate participation  information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion 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 Promotion, 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 Promotion, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will award the Product 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 it finds to be tampering with the entry process, the website, or the operation of the Promotion or to be acting in violation of the Official 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 Promotion 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.

10. Binding Arbitration: Any controversy or claim arising out of or relating to this Promotion 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE PROMOTION, 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 PROMOTION, OR ANY PRODUCT 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.

11. Governing Law & Jurisdiction: This Promotion 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 Promotion, 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.

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 Promotion. If you are selected as a winner, your information may also be included in a publicly available winner’s list, and your entry submission may be included in publicly available social posts.

13. Winner’s List: A list of winners will be available at https://stockx.com/news/collected-promo-winners/ on or around the Announcement Date.