The Drawing Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
A. ELIGIBILITY: The Drawing is open only to legal residents of the United States (i) who reside in the states of New York, Florida and California or who otherwise reside within fifty (50) miles of a participating KITH store location; (ii) who are sixteen (16) years of age or older at the time of entry; (iii) who have an account on KITH’s store with a single active, valid email address (an “Account”) or submit an alternative entry as provided below under “How to Enter”; and (iv) are available to line up at their participating KITH store location during the specified time window provided by KITH via email to purchase the Release Product (as defined below). The Drawing is open to anyone who meets the above criteria and enters the Drawing by either completing an online entry or mailing in an entry, as described further in Section B, below.
ONLY ONE ENTRY PER PERSON IS PERMITTED. SUBSEQUENT ENTRIES WILL BE VOID AND ARE GROUNDS FOR DISQUALIFICATION OF ALL ENTRIES.
Employees, officers, directors, agents, representatives and their immediate families (spouses and siblings, parents and children and their spouses) and household members of KITH, any of its agencies and each of their respective parent companies, subsidiaries or other affiliates are not eligible to participate in the Drawing or win a Purchase Opportunity (as defined below). The Drawing is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
B. PURCHASE OPPORTUNITY: Winners will receive the opportunity to purchase one (1) item of the limited-edition product (the “Release Product”) that is the subject of the Drawing at the participating KITH store location they selected during registration (each a “Purchase Opportunity”). This Drawing is in no way sponsored, endorsed, or administered by, or associated with, any person or entity other than KITH.
C. HOW TO ENTER: There are two ways to enter the Drawing: (i) by signing into your Account, visiting the registration page and signing up for a particular Release Product style and size; or (ii) an alternative entry on a postcard (no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches), writing your complete name, email address, mailing address, username for your Account, and desired Release Product style and size, and mailing the postcard with proper postage to: Attn: Drawing, KITH, 337 Lafayette Street, New York, NY 10012 All entries for a given Drawing must be received by KITH between the start and end dates and times identified in the applicable Drawing announcement (the “Entry Period”).
All entries must be received by KITH during the Entry Period. All entries become the sole and exclusive property of KITH. Receipt of entries will not be acknowledged and entries will not be returned. KITH is not responsible for lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically-corrupted or garbled entries, which will be disqualified, or for problems of any kind with respect to submission of an entry, whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by KITH.
D. INDIVIDUAL RANDOM DRAWINGS: The potential winners of a Drawing will be selected by individual random drawings from among the eligible entries received during the Entry Period. Subject to verification of eligibility and compliance with the terms of these Official Rules (including without limitation the “Notification” section below), a number of individuals will be declared the official winners of the Drawing (each, a “Winner” and collectively, the “Winners”) based on KITH’s inventory of the selected Release Product size and style. The decisions of KITH are final and binding on all matters relating to this Drawing. Odds of winning in a drawing will be based on the number of eligible entries received during the Entry Period and the amount of inventory received in each Release Product size and style. Limit one (1) Purchase Opportunity per person, family or household.
E. NOTIFICATION: Each potential winner will be notified at the email address provided at the time of entry (the "Notification"). In the event that any potential winner (i) does not respond to any such Notification within the time allotted in the Notification and/or the Drawing announcement, as applicable, (ii) declines the Purchase Opportunity for any reason, or (iii) does not timely arrive or otherwise declines to complete the Purchase Opportunity, a disqualification will result, the Purchase Opportunity will be forfeited and, at KITH’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. Each potential winner may be required to submit his/her valid Government-Issued ID or, at KITH’s discretion, other identification, to KITH and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and Publicity prior to exercise of the Purchase Opportunity. A Winner’s (i) failure to submit any identification required by KITH or to return the required documents within the specified time period, (ii) noncompliance with these Official Rules, or (iii) return of the Notification as undeliverable may result in disqualification and Purchase Opportunity forfeiture and, at KITH’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries. "Government-Issued ID" includes, but is not limited to, state, passport, military, or school ID, with a first and last name that matches the first and last name contained in the winning entry.
F. PURCHASE OPPORTUNITY CONDITIONS: All Purchase Opportunity details shall be determined in the sole and absolute discretion of KITH. Each Winner must provide a valid Government-Issued ID or, at KITH’s discretion, other identification, at the participating KITH store at the time of redemption. Each Winner is fully responsible for the purchase price and any and all applicable federal, state, territory, provincial and local taxes (including sales taxes) for any products purchased. The Purchase Opportunity is non-transferable and non-assignable, except at KITH’s sole and absolute discretion.
KITH bases the Purchase Opportunity offerings and selection of Winners on information provided by the manufacturer, including the timing, description, and number of Release Product and available sizing. KITH will not necessarily have received any shipment of Release Product at the time it selects Winners, and therefore does not, and cannot, guarantee that the quantity and sizes of Release Product KITH has been told that it will receive are what KITH will actually receive. Therefore, KITH cannot guarantee that all Winners will be able to purchase Release Product.
Released Parties (defined below) will not be responsible for weather conditions, acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or delay of Notification or Purchase Opportunity.
G. USE OF PERSONAL INFORMATION: In order to participate in the Drawing, entrants will be required to supply certain information about themselves, including the entrant’s complete name, email address, mailing address, and Account information. This information will be used by KITH for the purposes of administering the Drawing. All information submitted online or through the mail-in entry option will be treated in a manner consistent with KITH’s Terms and Conditions and Privacy Statement.
H. PUBLICITY RELEASE: By entering this Drawing, each entrant gives his/her express permission to be contacted by KITH or its designee by email and/or postal mail for Drawing purposes. Each Winner, by acceptance of the Purchase Opportunity, grants to KITH and its designees the right to publicize such Winner’s name, username, address (city and state of residence), photograph, avatar, voice, statements and/or other likeness and Release Product purchase information for advertising, promotional, trade and/or any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
I. CANCELLATION OF PROMOTION; DISCLAIMER OF LIABILITY: Released Parties are not responsible for: (i) lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically-corrupted or garbled entries, transmissions, emails, or mail; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections, including those through and/or by any website availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iv) wireless service congestion; (v) failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; (vi) any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; (vii) misdirected, blocked, or delayed email notifications; (viii) printing, typographical or other errors appearing within these Official Rules, in any Drawing-related advertisements or other materials; (ix) or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise, relating to or in connection with the Drawing, including, without limitation, errors or difficulties which may occur in connection with the administration of the Drawing, the processing of entries, the announcement of the Purchase Opportunity or in any Drawing-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Drawing. Released Parties are not responsible for injury or damage to entrants’ or to any other person's computer and/or wireless device related to or resulting from participating in this Drawing or downloading materials from or use of the KITH’s website. Persons who tamper with or abuse any aspect of the Drawing or KITH’s website, or attempt to undermine the legitimate operation of the Drawing by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of KITH, or who are in violation of these Official Rules, as solely determined by KITH, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Drawing or KITH’s website is unlawful and subject to legal action by KITH and/or its agents. KITH shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Drawing, and to resolve all disputes in its sole discretion. KITH’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Entries generated by a script, macro, bot, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry, provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet Service Provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address. In the event of a dispute as to the identity of an entrant that entered by mail, the person named on the applicable entry will be deemed the entrant.
KITH reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Drawing (or any portion thereof) should virus, bugs, unauthorized human or automated intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Drawing (or any portion thereof). In the event of cancellation, KITH may elect to identify the Winners and award the Purchase Opportunities by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. KITH also reserves the right, in its sole discretion, to modify these Official Rules at any time for clarification purposes, so long as such changes do not materially affect the terms and conditions of the Drawing.
J. WAIVER AND RELEASE OF LIABILITY: BY PARTICIPATING IN THE DRAWING AND SUBMITTING AN ENTRY, EACH ENTRANT FULLY AND UNCONDITIONALLY AGREES TO (I) BE BOUND BY AND ACCEPT ALL TERMS OF THESE OFFICIAL RULES, INCLUDING ALL ENTRY REQUIREMENTS, AND (II) IRREVOCABLY RELEASE, DISCHARGE AND WAIVE ANY AND ALL CLAIMS, ACTIONS AND CAUSES OF ACTION AGAINST, AND HOLD HARMLESS FROM ANY OF THE FOREGOING, KITH, THE APPLICABLE MANUFACTURER, OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DRAWING OR ANY PURCHASE OPPORTUNITY, AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, DEALERS, RETAILERS, REPRESENTATIVES, AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FOR ANY INJURY, DAMAGE, LIABILITY, LOSS, COST OR EXPENSE THAT MAY OCCUR, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM THE PARTICIPATION IN THE DRAWING OR FROM THE RECEIPT OR USE OF ANY PURCHASE OPPORTUNITY OR ANY ACTIVITY RELATED TO THE RECEIPT OR USE OF ANY PURCHASE OPPORTUNITY.
By entering this Promotion, the entrant agrees to the following Statement:
"I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows:
'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.'
The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived."
KITH AND THE RELEASED PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR, AND HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO YOU OR ANY THIRD PARTY FOR, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF KITH AND/OR THE APPLICABLE RELEASED PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE DRAWING OR ANY PURCHASE OPPORTUNITY, NOR WILL KITH NOR ANY RELEASED PARTY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, KITH’S AGGREGATE LIABILITY ARISING FROM ANY AND ALL DRAWINGS, PURCHASE OPPORTUNITIES, OR THESE OFFICIAL RULES, COMBINED WITH THAT OF THE RELEASED PARTIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, TO ANY ENTRANT, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS AN ENTRANT PAID TO KITH FOR ANY RELEASE PRODUCT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
EACH DRAWING, PURCHASE OPPORTUNITY, AND RELEASE PRODUCT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (ii) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE DRAWING, PURCHASE OPPORTUNITY, OR RELEASE PRODUCT, OR INFORMATION PROVIDED IN RELATION THERETO; (iii) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITES, SOCIAL MEDIA PAGES, CONTENT, PURCHASE OPPORTUNITY, OR RELEASE PRODUCT AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (iv) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
UNDER NO CIRCUMSTANCES, EXCEPT TO THE MINIMUM EXTENT REQUIRED BY LAW, WILL ANY ENTRANT BE PERMITTED TO OBTAIN, OR WILL KITH BE LIABLE FOR, ANY DIRECT, PUNITIVE, INCIDENTAL, CONSEQENTIAL, INDIRECT OR OTHER DAMAGES IN CONNECTION WITH ANY DRAWING, PURCHASE OPPORTUNITY, OR RELEASE PRODUCT.
K. INDEMNIFICATION. To the extent permitted by applicable law, you agree to indemnify and hold KITH and the Released Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your participation in any Drawing; (b) your violation of these Official Rules; (c) any entry, materials, or information provided to KITH as part of any Drawing; or (d) your violation of any rights of any third party.
L. DISPUTE RESOLUTION AND CHOICE OF LAW: READ THIS PROVISION CAREFULLY AS IT WAIVES YOUR LEGAL RIGHT TO SUE IN COURT, TO A JURY, AND TO PURSUE A CLASS ACTION. These Official Rules are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. KITH makes no representation that the Drawing, any Purchase Opportunity, or any Release Product are applicable or appropriate for use in all locations, and if you enter a Drawing from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Official Rules or your interactions with or relationship to KITH that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in New York County, New York and waive any objection you may have to the venue or forum.
Any controversy or claim between you and KITH arising out of or relating to these Official Rules, or breach thereof, or any Drawing, Purchase Opportunity, or Release Product, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of this arbitration provision, will be resolved by binding arbitration in New York County, New York under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Official Rules. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator, who shall be selected as provided in the AAA’s Commercial Arbitration Rules and must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization.
Neither you nor KITH will participate in a class action or class-wide arbitration for any claims subject to arbitration hereunder. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE OFFICIAL RULES OR ANY DRAWING, PURCHASE OPPORTUNITY, AND/OR RELEASE PRODUCT.
If any part of these Official Rules is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
M. SPONSOR: The sponsor of this Drawing is Kith Retail, LLC, 337 Lafayette Street, New York, NY 10012 (“KITH”).