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RAFFLE TERMS & CONDITIONS
- Description: This exclusive online raffle experience is designed to highlight the launch limited-edition sneakers and apparel product (the “Release”). The Release will be released throughout a network of TF stores. Sponsor is offering consumers the opportunity to have the Release reserved for them to purchase, at their option, at a pre-determined time and location (the “Purchase Option”). The recipients of these Purchase Options (“Recipients”) will be determined by Sponsor on a first come, first served basis as further described below.
There is no obligation to purchase the sneakers even if you are selected as a Recipient in accordance with the rules described below.
Registration for the raffle experience begins at a variety of times, set by Sponsor. (the “Registration Period”). Sponsor reserves the right in its sole discretion to set, shorten, extend and eliminate the Registration Period.
- Sponsor: Top Fashion, 54 W Lake St, Addison, IL 60101 USA
- Who Can Register: Registration is open to individuals who are 16 years old or the age of majority in their state, province or country of residence, whichever is older as of the date of registration. Registration constitutes your full and unconditional agreement to these Terms and Conditions and to Sponsor’s decisions, which are final and binding in all matters related to this exclusive online experience.
- How to Register: To register for this opportunity, visit www.topfashiontf.com/raffle-entry (the “Website”) during the Registration Period and complete and submit the registration form (the “Form”).
The Form will ask for a valid name, email address, phone number and billing and shipping address, as well as your receiving method and size the Release item and the location of your preferred TF store participating in the event (the “Store”) where you would like to pick-up the Release in the event that you are selected as a Recipient. The form cannot be edited, once submitted.
Recipient Selections: Purchase Options will be distributed on a random basis (following verification) based on the Release, size and Store designated, until the inventory of the Release is exhausted. Availability of the Release is limited and varies by Store. Your opportunity to receive a Purchase Option will be at random and depend on the the available inventory of the Release and size and at the Store that you selected. Each Recipient will receive an unique email which will entitle the Recipient to purchase one (1) Release in the model and size and at the store designated on the Form at full price. Full price may vary depending on the selected Store (notably for tax reasons). Recipients have no obligation to visit the designated Store or to purchase the Release. Recipients can choose not to visit the Store or can visit the Store without making a purchase.
Recipients will be required to present a government-issued ID at the Store which must match the name associated with the TF account, email/invoice and Form. Emails/Invoices have no cash or retail value and cannot be substituted, assigned, or transferred.
Stores will provide the Recipient with the corresponding payment and invoice requirements.
By registering, you understand and agree that the Email/Invoice does not include travel to/from your selected Store location nor does it include the Release. You are solely responsible for all travel expenses to and from your selected Store location. The Email/Invoice only entitles you to purchase the Release online, at full price, in the model and size and at the Store designated in the Form.
Registration Restrictions: You may register and submit a Form only once. IF YOU ATTEMPT TO REGISTER MORE THAN TWO (2) TIMES FOR THE SAME RELEASE, REGARDLESS OF DESIGNATED STORE LOCATION, ALL OF YOUR REGISTRATIONS FOR THAT MODEL AND SIZE COMBINATION WILL BE DISQUALIFIED. If terms & conditions are violated, Sponsor reserves the right to disqualify any Recipient(s) for all future raffle entries who the Sponsor determines, in its sole discretion does not meet and/or cannot verify compliance with the eligibility requirements as set forth in these Terms and Conditions.
Automated or bulk registrations or registrations submitted by third parties will be disqualified. Registrations must be submitted by the participant. No copies, facsimiles, or mechanical reproductions of the Form will be accepted. Any attempt by any participant to obtain more than the stated number of registrations by using multiple and/or different identities, forms, registrations, email addresses, or any other methods will void that participant’s registrations, and that participant may be disqualified at Sponsor’s sole discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration, the authorized account holder of the email address used to make the registration will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Recipients may be required to show proof of being the authorized account holder to the Sponsor. Registrations specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to be selected. You must complete all required information to be eligible to register. Incomplete, illegible, corrupted, or untimely registrations are void and will be disqualified.
- Recipient Notification: The Recipients may be notified by email and/or telephone to the address or number provided on the Form shortly after registrations have been verified for eligibility and compliance with these Terms and Conditions. If a Recipient provided a mobile phone number, data and message rates may apply to any messages sent by Sponsor. Sponsor reserves the right in its sole discretion to verify the eligibility of any Recipient prior to or at the time the Recipient visits the designated Store location, and to disqualify any Recipient who Sponsor determines in its sole discretion does not meet and/or cannot verify compliance with the eligibility requirements as set forth in these Terms and Conditions.
Recipients will forfeit the Email/Invoice and Sponsor may distribute their Purchase Option to any other eligible participant, in any of the following cases where the Recipients:
- are disqualified for any reason;
- cannot be contacted in person via email or phone;
- fail to notify their selected Store, within one (1) calendar days from the first contact by that selected Store, as to whether they wish to book and appointment at that Store and purchase/pick-up the Release;
- fail to show at the agreed pickup date(s) and fail to purchase the Release, online, at the selected Store within one (1) calendar days of that initial Email;
- notify the selected Store that they do not wish to purchase the Release.
- Use of Email/Invoice; Restrictions: Limit one (1) Email/Invoice per person, per household. The Email/Invoice can will only be sent one (1) time, at the designated Store location on the date designated by Sponsor in its sole discretion. Recipients shall be required to present a government-issued form of identification to Store personnel that matches the name associated with the Email/Invoice. Sponsor reserves the right in its sole discretion to refuse entry to the Store or access to the Release to anyone without proper identification matching the Email/Invoice.
Sponsor will not replace any lost or stolen Invoice. If, by reason of a print or other error, more invoices are claimed than there are Releases available, the Sponsor reserves the right to terminate or modify the experience in any manner it elects in its sole discretion to preserve the integrity of the experience. In such event, Sponsor shall have no liability to any Recipient who is not able to purchase the Release.
- Refunds and Exchanges: All sales of the Release are FINAL. If release has been purchased, the Release cannot be exchanged or refunded.
- General Conditions: This exclusive online experience is governed by the laws of the United States and is void where prohibited. Registration constitutes your full and unconditional agreement to these Terms and Conditions. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible registrations; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of a registration/Form will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
- WARNING: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS EXPERIENCE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS EXPERIENCE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the registration process, the Website, and/or the legitimate operation of this experience; or to violate the Terms and Conditions. Any attempt by a Recipient to copy or tamper with the Email/Invoice will result in disqualification. If, for any reason, this experience is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect registrations and (a) cancel or terminate this experience (or any portion thereof); (b) modify this experience or suspend this experience to address the impairment and then resume this experience in a manner that best conforms to the spirit of these Terms and Conditions; and/or (c) distribute the Email/Invoice to the eligible, non-suspect registrations received up to the time of the impairment on a first come, first served basis.
- PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES:
BY REGISTERING, REGISTRANT AGREES THAT SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY REGISTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE QR CODE, REGISTRATION, FORM OR PARTICIPATION IN THIS EXPERIENCE OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY QR CODE CANNOT BE DISTRIBUTED, IF ANY AIR DIOR SNEAKER IS UNAVAILABLE, OR IF ANY STORE DOES NOT OPEN OR OPENS ON A DATE LATER THAN CURRENTLY SCHEDULED, DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, ACTUAL OR POTENTIAL THREATS TO PUBLIC HEALTH (INCLUDING WITHOUT LIMITATION VIRUSES) AND QUARANTINES AND/OR TRAVEL RESTRICTIONS ASSOCIATED THEREWITH (WHETHER OR NOT GOVERNMENT-DIRECTED), NATURAL DISASTERS, WEATHER, OR TERRORISM. BY REGISTERING, REGISTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS EXPERIENCE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, REGISTRATION CONSTITUTES RECIPIENT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, USE AND EXPLOIT, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE RECIPIENT’S REGISTRATION, FORM, NAME, ARTIST NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, EXHIBITION AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS EXPERIENCE, INCLUDING THE WEBSITE AND ALL QR CODES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- DISPUTES: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this experience or any Emails/Invoices distributed shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Illinois or the appropriate State Court located in DuPage County, Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with registering for the Release on the Website, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with this experience, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
- CONTACT: Sponsor can be contacted via email at [email protected].