TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. PRIZES CONSIST OF THE OPPORTUNITY TO PURCHASE LIMITED-EDITION PRODUCTS AT RETAIL PRICE. THIS OPPORTUNITY HAS NO CASH VALUE AND ARE NONTRANSFERABLE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF BEING ELIGIBLE TO WIN. NOT AVAILABLE TO RESIDENTS OF QUEBEC. VOID WHERE PROHIBITED.
WHAT IS THE PROMOTION?
This “Promotion” is a no-cost raffle-type promotion which provides a time-limited opportunity for eligible and winning “Entrants” to win the right to make a purchase of one (1) pair of limited-edition OVO Jordan basketball shoes, which shall be sold at standard retail price. The Promotion is offered during the period from 9:00 am on Friday February 9, 2018 until 11:59 pm on Sunday February 11th, 2018 (the “Raffle Period”). All times are Eastern Time. Sponsor is the official time keeper for purposes of the Raffle.
After the close of the Raffle Period, potential Winners will be notified of their status, on a rolling basis, beginning on Monday February 12th, 2018, (from 12:01 am) and continuing until Wednesday February 21, 2018 until 6:00 pm). For each potential Winner, the time of his/her notification is the “Notification Time.” After fulfilling the requirements of these Terms and Conditions, potential Winners will have the opportunity to make a purchase within twenty four (24) hours of the Notification Time. For each Winner, the time of her/her purchase is the “Purchase Time”. All notifications and purchases will be completed by Wednesday February 21, 2018 (at 6:00 pm). The overall “Promotion Period” is from Friday February 9, 2018 at 12:01 am to February 21, 2018 at 6:00 am.
The Promotion is subject to these Terms and Conditions. By entering, each Entrant is deemed to have accepted these Terms and Conditions. The Promotion is subject to all applicable laws and void where prohibited.
WHO IS ELIGIBLE TO ENTER?
This Promotion is open only to legal residents of the United States, its possessions, and territories, and Canada, excluding residents of the Province of Quebec, who are thirteen (13) or older at the time of entry.
For all Entrants who are aged 13 or older but not yet of the age of majority in their state, province or territory of residence (e.g. 18 in Ontario), the Entry shall be submitted by his/her parent or legal guardian, and that adult will be deemed to have consented to and bound by these Terms and Conditions on behalf of the Entrant.
Participation constitutes Entrant's full and unconditional agreement to these Terms and Conditions and Sponsor's decisions, which are final and binding in all matters related to the promotion. Eligibility is contingent upon fulfilling all requirements described in these Terms and Conditions.
WHO IS SPONSORING THE PROMOTION?
The Promotion is sponsored by October’s Very Own Inc. (the “Sponsor”) c/o its retail location at 899 Dundas Street West, Toronto ON M6J 1V9 Canada and 130 N. La Brea Ave. Los Angeles, CA 90036 (United States). The shoes that will be available for purchase in connection with the Prizes are sourced from Jordan/Nike, and the JORDAN and NIKE trade-marks are used with permission, but Jordan/Nike are not sponsors of or affiliated with this Promotion. Sponsor reserves the right to cancel, terminate or modify the Promotion if it cannot be operated, conducted or completed as planned, for any reason.
HOW DO I PARTICIPATE?
There is no purchase necessary to enter the Promotion. However, purchases can only be made by Winners who win the right to make a purchase of one (1) specific model and size of Jordan shoes, at the ordinary/standard retail price.
Visit the Promotion web site’s (the “Site’s”) registration page at https://ca.octobersveryown.com/pages/raffle-entry and complete registration, providing all requested contact information and the shoe size and model of the one (1) pair of shoes that you would purchase if you were selected as a Winner. In order to complete an entry into the Promotion (an “Entry”), each Entrant will be required to: (a) confirm that he/she has reviewed and agreed with these Terms and Conditions; (b) agree to accept a Prize as may be awarded and release Sponsor and the Released Parties (defined below) from any liability relating to the Promotion or any Prize; and (c) correctly respond to a skill-testing question. The registration page will also provide each Entrant with the opportunity to consent to receive future commercial electronic messages (e-mails or texts) from Sponsor relating to the advertising and sale of products and services offered by Sponsor.
There is a limit of one (1) Entry per person during the entire Raffle Period. Any additional registrations or attempted registrations will be void, and depending on the circumstances, may be relied upon as evidence of tampering, which will void all Entrant’s Entries.
WHAT PRIZES ARE OFFERED?
Prizes consist of the opportunity to purchase one (1) pair only of special limited-edition OVO Jordan shoes, as identified in the Entrant’s Entry.
The numbers of shoes available for purchase will vary by jurisdiction and by shoe size.
There are no free shoes or discounted prices offered in connection with this Promotion. All purchases shall be made at the ordinary/standard retail prize for such shoes. The opportunity to purchase has no retail value and cannot be transferred. The approximate retail value of a pair of shoes available for purchase by Winners is approximately $300 (Cdn)/$225 (US), and Winners will also be responsible for the payment of premium shipping costs of approximately $30 (Cdn)/$30 (US).
All purchases by Winners must be made online through the Site and must be made within the twenty-four (24) hour period beginning at the Notification Time using a valid credit card. Sponsor is the official time keeper. All purchases shall be subject to additional terms as determined by the applicable credit card provider. If any Winner fails to exercise his/her opportunity to purchase the pair of shoes as identified in the Notification by the end of the applicable deadline, he/she will be deemed to have waived his/her right to the Prize and Sponsor shall offer the opportunity to purchase to the next potential Winner as selected by another random draw. Sponsor reserves the right to retain any shoes that have not been purchased by the end of the Promotion Period, and to make them available for general sale to the public.
Prizes are not transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to offer Winners the opportunity to make other purchases of the same or greater value, if specified product is not available for any reason as determined by the Sponsor in its sole discretion. Each Winner is responsible for the payment of the full purchase price for the product selected (approximately $300 (Cdn)/$225 (US), and applicable shipping and insurance costs (approximately $30 (Cdn)/$30 (US).
HOW WILL THE PROMOTION BE ADMINISTERED?
As the end of the Raffle Period, beginning no earlier than February 9, 2018 at 9:00 am, the Sponsor or its agents will aggregate all eligible Entries submitted and organize them according to the available models and shoe sizes. There will be one winner (“Winner”) selected through a random draw for each available pair of shoes, according to the Prize allocations provided.
On a rolling basis, each potential Winner will be notified by email using the contact information provided in the applicable Entry. Sponsor or its agent shall make only two (2) attempts at each contact. Potential Winners must initiate his/her purchase within the twenty four (24) hour window beginning at the Notification Time.
For any Potential Winners who do not make a purchase before the end of the applicable twelve (12) hour deadline, Sponsor or agent will conduct another random draw and then repeat the process of Notification for another potential Winner with respect to the same pair of shoes, by model/shoe size. All Notifications will be completed by 6:00 pm on Wednesday February 21, 2018. As such, Sponsor does not anticipating having additional product available, but it is possible that all Prizes may not be awarded, and Sponsor reserves the right to retain and sell to the general public any limited-edition product that is not purchased by Winners by the end of the Promotion Period.
WHAT ARE THE ODDS OF WINNING?
The odds of winning a Prize and having the opportunity to purchase one (1) pair of limited-edition OVO Jordan shoes at the ordinary retail price will vary depending on the number of eligible Entries submitted to the Promotion from Canada as a whole and on the number of eligible Entries from eligible entrants for each particular pair (model and size) of limited-edition shoes available for purchase. Inventory will vary.
WHAT IS REQUIRED OF THE WINNERS?
Before each Entry will be considered complete, each Canadian Entrant must successfully answer a skill-testing question and confirm agreement with these Terms and Conditions. Only those eligible Entrants who are selected as potential Winners in a random draw will have the opportunity to make purchases.
Purchases must be made through the Site within twenty four (24) hours of the Notification Time for each Winner. Only the size and model of OVO Jordan shoe identified in the applicable Entry may be purchased by the Winner. Purchases shall be made using a valid credit card, subject to all of the credit card provider’s additional terms and conditions. In addition to the ordinary retail purchase price, Winners will also be required to pay costs of shipping and insurance. Purchased shoes will be shipped to the mailing address identified on the Entrant’s Entry. No other purchases will be permitted, and Prizes are not transferrable to any other person.
WHAT OTHER TERMS WILL APPLY TO ME?
Sponsor reserves the right to block and/or refuse sale to any Entrant that Sponsor deems, in its sole discretion, to have attempted to tamper with, cheat or abuse the procedures described in these Terms and Conditions, including through use of programs or scripts that automate attempted Entries, or any behavior that Sponsor deems to be inappropriate.
Winners must respond to the Notification and proceed with a purchase of the limited-edition shoes within the twenty four (24) hours beginning at the Notification Time. While Sponsor attempts to complete sales relating to all Winner Entries, this depends on the actions of other Entrants and Sponsor does not guarantee or warrant that every Winning Entry will in fact result in a purchase being made.
The Promotion is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Promotion; (b) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions; or (c) award the eligibility to any Prizes at random from among the eligible Entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with any Entries, the entry process or the operation of the Promotion or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Failure by the Sponsor to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. In the event Sponsor is prevented from continuing with the Promotion or the integrity and/or feasibility of the Promotion is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without any further obligation.
By participating in the Promotion, Entrants agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Promotion, related to any Prize or to the purchase of the applicable product, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incomplete or undeliverable attempted Entries, Notifications or purchases; (e) errors in the administration of the Promotion or the processing of Entries or purchases; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion or purchase of limited-edition product. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of his/her participation in the Promotion, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant agrees that the Released Parties have provided no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any eligibility to purchase limited-edition products Winner acknowledges that all prizes are awarded as-is without warranty of any kind. For California residents: Entrants are advised that California Civil Code § 1542 provides that: 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 THE DEBTOR. By entering the Promotion, each participant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, who acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in these Official Rules shall include claims known or unknown, and unknown and unsuspected.
HOW WILL MY PERSONAL INFORMATION BE COLLECTED AND USED?
Entrant's Personal Information (e-mail address, phone number for SMS messages, mailing address, shoe size and OVO Jordan shoe model desired for purchase) (the “Personal Information”) will be collected and used by the Sponsor and its agents to administer the Promotion, to comply with all applicable legal requirements, to communicate with potential Winners, and to deliver the Prizes. For Winners, the Personal Information will also be used by the Sponsor and its agents in connection with the purchase and delivery of the OVO Jordan shoes.
In compliance with Canada’s Anti-Spam Legislation (“CASL”), all Entrants will have the opportunity to consent or refrain from consenting to the use of their e-mail addresses and/or text phone numbers collected and used by Sponsor for commercial electronic messages to be sent in the future, in connection with the Sponsor’s sale of products and services, and Entrants will have the opportunity to “Unsubscribe” from such messages.
HOW WILL DISPUTES BE HANDLED?
Except where prohibited, Entrant agrees that any disputes, claims and causes of action arising out of, or connected with, the Promotion, any Prize and any purchase relating to a Prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the province of Ontario and federal law applicable therein, without giving effect to any choice of law or conflict of law rules. Entrants agree that any litigation relating to the Promotion shall take place in courts located in Toronto, Ontario.
For US Participants:
Except where prohibited by law, as a condition of participating in the Promotion, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Promotion, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Promotion), and entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Questions: If you have any questions regarding the Promotion, please email Sponsor at firstname.lastname@example.org
Revised: February 15, 2018