[The People’s Republic of China, excluding Taiwan, Macao, and Hong Kong]
Print Date: 3/24/20
Buy to Win: Air Max Day Releases 2020
March 24, 2020 – March 26, 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 (EXCLUDING TAIWAN, MACAO, AND HONG KONG) (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 LOCATED 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: Buy to Win: Air Max Day Releases 2020 (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, 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 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 24, 2020, at 12:00 pm Eastern Daylight Time (“EDT”) and ends on May 7, 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 24, 2020, at 12:00 pm EDT and ends on March 26, 2020, at 12:00 pm EDT;
- The Sweepstakes’ “Fulfillment Period” shall start on March 26, 2020, at 12:01 pm EDT and ends on May 7, 2020, at 11:59 pm EDT.
Entries are ONLY VALID in respect of Valid Transactions made during the Entry Period.
Winners MUST claim their prize during the Fulfillment Period.
4. How to Enter: There are two ways to enter the Sweepstakes:
To enter by making a purchase: To participate and enter the Sweepstakes, if you are eligible, you must complete the actions described in a) below which constitutes a “Valid Transaction“:
- You must successfully complete the purchase of an Eligible Sweepstakes Product, meaning that you must bid on an eligible sweepstakes product, and your bid must be accepted by a seller, or you may complete a purchase using the Buy Now function in lieu of placing a bid during the Entry Period.
- A completed transaction is considered a “Valid Transaction” between seller and buyer per the Terms and Conditions on https://StockX.com/terms.
- During the checkout process when bidding on an eligible sweepstakes product or using the Buy Now function, you must submit the promo code AIRMAXDAY as the discount code. If you do not enter the promo code prior to placing your bid or purchasing an item via Buy Now, you will not be entered into the Sweepstakes. The promo code cannot be applied to a bid or purchase retroactively.
If you complete a Valid Transaction during the Entry Period you will have the option to submit one (1) entry into the Sweepstakes for each item purchased, Eligible Sweepstakes Product purchased that meets the Valid Transaction requirements.
All Valid Transactions made outside of the Entry Period are automatically disqualified from the Sweepstakes. In entering the Sweepstakes, you confirm that you are eligible to do so and eligible to claim the Prize. The Sponsor may require you to provide proof that you are eligible to enter the Sweepstakes.
“Eligible Sweepstakes Product” includes any items available for sale on StockX.com or the StockX mobile app with a purchase price of at least $50.00 USD.
To enter without making a purchase: to enter the Sweepstakes without making a purchase, handprint your full name, date of birth, mailing address, and email address on a 3” x 5” card, and mail to: StockX’s Buy to Win: Air Max Day Releases 2020 Sweepstakes, 1046 Woodward Ave., Detroit, MI 48226, United States to receive one (1) entry into the Sweepstakes. Requests must be postmarked and received no later than April 2, 2020. 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 property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries.
Limit: There is no limit to the number of Valid Transactions per person or mail-in entries you may receive, and therefore there is no limit to the number of entries per person. Each Eligible Product purchased or sold via a Valid Transaction will provide you with the option to submit one (1) entry.
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 email 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 email 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 email address. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of the said email account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider, or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address. All potential winners may be required to show proof of being the Authorized Account Holder.
5. Drawing: On or around April 2, 2020, Sponsor will randomly select, by random number generator, five (5) winners from the UK, France, Germany, Italy, Denmark, PRC, Switzerland, and Canada (excluding Quebec) from among all eligible entries received during the Sweepstakes Entry Period or by April 2, 2020 for mail-in entries only. Odds of winning a prize depend on the number of eligible entries received. You can only win once during the “Sweepstakes Period.”
On or around April 2, 2020, potential winners will be notified via the email address and/or telephone number provided during entry into the Sweepstakes. Unsuccessful Participants will not be notified.
Potential winners are subject to verification. If a potential winner is found not to be eligible, 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 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. 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 five (5) prize winners from the PRC, Europe, and Canada (excluding Quebec) will each receive their choice of one (1) of the following prizes in the size of their choice:
- One (1) Nike Air Max 90 Reverse Duck Camo (2020), Approximate Retail Value (“ARV”): $307 USD
- One (1) Nike Air Max 1/97 Sean Wotherspoon (Extra Lace Set Only), ARV: $986 USD
- One (1) Nike Air Max 1 Atmos Elephant (2017), ARV: $753 USD
- One (1) Nike Air Max LD Zero Hiroshi Fujiwara, ARV: $202 USD
- One (1) Nike Air Max 97 Shanghai Kaleidoscope, ARV: $498 USD
All Product details (including without limitation size, style, and color) will be determined by Sponsor in its sole discretion, provided that Sponsor shall use commercially reasonable efforts to obtain prizes in the size(s) of the winners’ choice. Approximate Retail Value (“ARV”) is as of the date of printing of these Official Rules. The difference in value of 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. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor shall substitute the prize with another prize of equal or greater value or refund cash at the amount of the published ARV of the prize at the prize winner’s choice. Prize winners will be solely responsible for all 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. Please allow eight weeks for shipment of prizes after verification of winner (prize includes delivery).
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 (“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 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 Campaign. 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/zh-cn/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/zh-cn/promotion-rules-page together with any other promotional material regarding the Sweepstakes.
