StockX in the Big Game Sweepstakes Official Rules

StockX in the Big Game Sweepstakes
Official Rules
Sunday, February 4, 2018 at 6:00am Eastern Time (“ET”) – Monday, February 5, 2018 at 6:00 am ET

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 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 StockX in the Big Game Sweepstakes (the “Sweepstakes”) 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, 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 the 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 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226.
3.  Sweepstakes Period:  The Sweepstakes begins on Sunday, February 4, 2018 at 6:00am Eastern Time (“ET”) and ends on Monday, February 5, 2018 at 6:00 am ET (the “Sweepstakes Period”).

All entries must be submitted during the Sweepstakes Period to be valid.

4. How to Enter:To enter the Sweepstakes, entrants must (1) post a photo or screengrab featuring the StockX logo as it appears in a nationally televised commercial during the football championship game on February 4, 2018, with the hashtags #StockXintheBigGame and #sweepsentry on their public-facing (not private) Instagram or Twitter account, and (2) follow @StockX on Instagram or Twitter, as applicable (i.e., matching their posting entry method), during the Sweepstakes Period.    Entrants who do not have an Instagram or Twitter account may create one by downloading one or both of these apps for free from their mobile device app store or online in the case of a desktop computer.  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.  By entering, entrants hereby release Instagram and Twitter of any liability in connection with the Sweepstakes.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.Limit: One (1) entry per person per Instagram or Twitter account during the entire Sweepstakes Period.  For clarity, a person may enter once through their Instagram account and once through their Twitter account.

   Automated entries are prohibited, and any use of automated devices will cause disqualification. Any entrant that attempts to complete or submit fraudulent entries or entries exceeding the limits stated herein, will be disqualified in Sponsor’s sole discretion. Entrants may not enter with multiple Instagram/Twitter accounts, nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter 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 sole discretion.  Entrants may not share the same social media account.  Should multiple users of the same social media account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said social media account at the time of entry will be considered the entrant.  “Authorized Account Holder” is defined as the natural person who is assigned an account by Instagram or Twitter.  .  Potential winner may be required to show proof of being the Authorized Account Holder.

5. Drawing: On or about Wednesday, February 7, 2018 at 5:00pm ET, Sponsor will randomly select one (1) grand prize winner and two (2) runner-up winners from among all eligible entries received during the Sweepstakes Period (the “Drawing”).  Odds of winning a prize depend on the number of eligible entries received.Following the Drawing, Sponsor will attempt to notify potential winners via direct message to their Instagram or Twitter account, as applicable, provided during entry into the Sweepstakes.  Potential winners must have a public Instagram or Twitter account, as applicable. Potential winners are subject to verification. Potential 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.  A potential winner may be disqualified and his/her prize forfeited in Sponsor’s sole discretion if: a potential winner is found not to be eligible or not in compliance with these Official Rules, attempted notification or any prize is returned as undeliverable, any required documents are not returned within the required number of days, a potential winner cannot be verified, or a potential winner is otherwise unable or unwilling to accept and claim the prize as stated.   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, following the same process described above.    Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
6. Prize: The prize available to be won is as follows:

• One (1) Grand Prize winner will receive one (1) pair of Yeezy Blue Tint sneakers (ARV $300.00).
• Two (2) runner-up winners will each receive a $250 store credit on StockX.com (account registration required) (ARV $250.00).

All prize details (including without limitation size, style, and color) will be determined by Sponsor in its sole discretion.  ARV is as of date of printing of these Official Rules.  The difference in value of a prize as stated herein and value at 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 that 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 to applicable authorities for tax purposes where required by law.  Winners may be issued an IRS 1099 form. Please allow 4-6 weeks for shipment of 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 (or their parent or legal guardian if an eligible minor) 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 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 Sweepstakes, 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.  
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: 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.  Without limitation of the foregoing, Sponsor is not responsible for any issues involved in the entry process, including, without limitation, the broadcast of the above referenced football game and commercial during which the StockX logo will appear and an Entrant’s use of and access to a WiFi or wireless network through which to submit an entry. 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 sole discretion.  In the event of cancellation, Sponsor may, in its sole discretion, randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.  Sponsor is not responsible for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, websites, or network connections.  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 or the operation of the Sweepstakes 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 undermine the 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 Official Rules shall not constitute a waiver of that provision.
10. Binding Arbitration:Any controversy or claim arising out of or relating to this Sweepstakes 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 deems 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.BY PARTICIPATING IN THE SWEEPSTAKES, 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 SWEEPSTAKES, 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.
11. Governing Law & Jurisdiction: This Sweepstakes 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 Sweepstakes, 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 Sweepstakes.  If you are selected as a winner, your information may also be included in a publicly-available winner’s list, as required by law.
13. Winner’s List: A list of winners will be available at https://stockx.com/news/ on or around Wednesday, February 7, 2018.