RELEASE DAY RESERVATIONS TERMS AND CONDITIONS
UNKNWN, Inc. ("UNKNWN" or "Sponsor")) is committed to maintaining a safe, fair policy that gives everyone equal opportunity to purchase special release date merchandise. With that goal, UNKNWN has instituted a process (the "Release Reservation Assignment Process" or "Assignment Process") that will randomly assign reservations to individuals who have registered with our Mobile Application (the "App" or the "UNKNWN App"), available from the Apple App Store or the Google Play Store, and who otherwise meet all requirements listed below, subject the following terms and conditions (the "Reservation Terms," the "Terms" or the "Rules").
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THE RELEASE RESERVATION ASSIGNMENT PROCESS OR IN ANY EVENT. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES BEING ASSIGNED A RESERVATION.Void where prohibited by law and outside the 50 United States and the District of Columbia. Subject to all applicable federal, state and local laws, regulations, and ordinances.
The Release Reservation Assignment Process and Release Day Reservation Events (together with the UNKNWN Website and App, the "Service") are open to legal United States residents who are: (1) currently residing in the fifty (50) United States and the District of Columbia; and (2) eighteen (18) years of age or the age of majority in their jurisdiction of permanent legal residence, whichever is older (nineteen (19) years of age or older in Alabama or Nebraska; twenty-one (21) years of age or older in of Mississippi) as of the date of registration with the App (all, "Eligible Participants" or "Participants"). Entries are limited to individuals only; commercial enterprises and business entities are not eligible.
Employees, officers, and directors of UNKNWN, Inc. or any of its parents, affiliates, subsidiaries, representatives, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings, and children, regardless of where they live) and those living in the same household within three months of participation, as applicable, are not eligible to enter or win.
If you do not meet the eligibility requirements herein, then you are not authorized to use the Service or participate in any Event. UNKNWN reserves the right to verify eligibility.
2. REGISTRATION/ENTRY (PLEASE READ CAREFULLY)
NO PURCHASE IS NECESSARY TO REGISTER FOR THE APP OR ANY EVENT. Registration is free via the UNKNWN App. Each participant is limited to one (1) registered username/account for the App, regardless of the number of devices the entrant uses to access the App and/or the Events. Participants may register for the App in order to be eligible to enter individual Events that provide the opportunity to participate in a drawing to receive a Release Day Reservation that allows the recipient to purchase new and highly desirable merchandise when it becomes available. All persons interested in registering for the opportunity to receive a Release Day Reservation and participating in the Assignment Process and/or individual Events must download UNKNWN's App, available through the Apple App Store, Android/Google Play Store, or mobile responsive web. A link to the App is provided on the Website homepage at www.UNKNWN.com. Neither Apple, Inc. nor Google, Inc. are UNKNWNs of or are affiliated in any way with Release Day Reservation Events or any related activities.
- Registration with the App: Once you have downloaded the UNKNWN App, follow these instructions to register to participate in Events:
- Open the App and enter your full name, email address, and phone number, so that we have a record of you as a participant.
- Select a username and password.
- Enable geolocation services on your mobile device. Each Release Day Reservation Event will include a geographic restriction that may require you to, for example: (1) be near the UNKNWN physical store in Aventura, Florida; (2) be within a certain proximity (in miles) of the physical store; and/or (3) be in a certain state or states. UNKNWN requires that you enable that you enable geolocation information so that it can determine whether you are eligible to participate in specific Events at the time you sign up.
You will then be ready to sign up for specific Release Day Reservation Events.
You are responsible for the secrecy of your UNKNWN account password. UNKNWN (and/or other third parties) is/are not responsible or liable for any actions taken using your password.
- To Register for a Release Day Event: Individual Release Day Events will be announced on the Website and/or the App (the "Event Announcement"); the Event may have additional terms and conditions ("Official Rules" or "Rules") that will be listed with the Event announcement on the Website. Each Event will have a start and end time, specified on the App (the "Event Period") and disclosed in the Rules for the individual Release Day Event.
- To register for a specific Event, complete the application that is provided on the App by entering the required information, including your (1) name; (2) email address and mobile phone number; (3) age; and (4) desired shoe size (1st and 2nd choice). This will give you one (1) opportunity to be awarded one of the limited-availability Release Day Reservations. You must provide all required information in order to be eligible.
- You may also be provided with the opportunity to "earn" additional opportunities by perform specific actions via social media, for example:
- You may be asked to follow @unknwnmiami on Instagram
- You may be asked to like an @unknwnmiami post on Instagram or another social media channel.
Each Release Day Reservation event may have more specific instructions that you must follow at the time of entry. You must follow all instructions in order to be eligible to eligible for additional entries, including providing any required disclosures and/or hashtags. You acknowledge that UNKNWN Service is not sponsored by, affiliated with, or endorsed by Facebook, Inc., Twitter, Inc., Instagram, Inc., LinkedIn Corporation, MySpace, LLC, YouTube, LLC, Snapchat, Inc., their respective successors or any other owner or provider of a social sharing network at which activities earning entries may be completed.
Limit: One (1) registration per person/user account per drawing, unless otherwise specified in the Event Rules. Entries from one Event drawing will not be rolled over to additional or subsequent drawings. Automated or bulk entries will be disqualified. Any attempt by any entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, mobile phone numbers, logins, or any other methods will void that entrant's entries, and that entrant may be disqualified at UNKNWN's discretion. You acknowledge that to the extent that you engage in activities that use text messaging in connection with this App or any Event, text messages will be charged in accordance with your carrier's standard text message and data rates. Contact your carrier and/or Internet access provider for pricing and details. All mobile charges are Your responsibility.
3. WINNER SELECTION
Because demand far outpaces supply on our release day merchandise, on or about the day after the expiration of the applicable Event Period (the "Drawing Date"), UNKNWN will randomly draw Event registrations to fill until reservation requests for the release day merchandise that is identified in the individual Event terms and conditions (the "Release Day Merchandise" or the "Product") are fully allotted by size. If we draw your reservation request, we will attempt to allocate Product in your 1st choice size, however, if we have already allocated your 1st choice size, we will attempt to allocate Product in your 2nd choice size. If Product is not available in either of the sizes that you designated, we will not be able to assign you a reservation and your registration will be disqualified. That is, you will only be assigned a reservation if we have Product available in one of the sizes that you designated in your Event registration. Odds of fulfillment of a reservation request depend on the number of eligible reservation requests received during the Event Period and the merchandise/size distribution in a specific product shipment.
A winning reservation grants to the registrant the right to purchase the Release Day Merchandise specified in the App at the time the Event is drawn from UNKNWN at the UNKNWN Aventura (or such other UNKNWN.com store as may be identified at the time the Event is announced) at the specified retail price. In order to purchase the Product, the holder of the winning reservation will be required to present the mobile device used to enter the drawing AND valid identification that matches the information given to UNKNWN in the reservation request.
Registrants whose reservation requests are selected for fulfillment will be notified at the email address and/or phone number submitted as part of their registration no less than 24 hours after the Event closes, and will be permitted to purchase the Product subject to verification of eligibility and compliance with the Terms. You are responsible for ensuring that all of your contact, mobile phone, and email information on the App is up-to-date and accurate. UNKNWN will make three (3) attempts to notify you. Failure to respond to the third email or mobile phone notification within twenty-four (24) hours will result in disqualification. In the event that a potential winner is disqualified for any reason, UNKNWN will attempt to choose an alternate. At UNKNWN's discretion, potential winner may be required to consent to and pass a background check; potential winner agrees to sign and return any legal documentation that UNKNWN may require as a condition of being awarded the reservation request.
Verification. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY UNKNWN, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO RESERVATIONS. YOU ARE NOT A WINNER UNLESS AND YOUR ELIGIBILITY HAS BEEN VERIFIED AND THE YOU HAVE BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. If you have specified an invalid, non-working, or inactive email address or mobile phone number or failed to complete all required information, you will be disqualified and ineligible to win. UNKNWN RESERVES THE RIGHT TO REQUIRE SUBMISSION OF ADDITIONAL INFORMATION TO ASSIST WITH WINNER VERIFICATION.
A winning reservation grants to the registrant a the right to purchase the Release Day Merchandise specified in the Event Announcement at the retail price specified in the Event Announcement and Rules. The number of reservations available to be awarded at any Event will be specified when the Event is announced. Limit one (1) reservation per Event per person and per household. The prize has no cash value.
Reservations are non-transferable, non-assignable, and not redeemable for cash; however, UNKNWN reserves the right to make equivalent substitutions in its sole discretion. Reservations must be accepted as awarded with no substitutions in cash or otherwise, except at UNKNWN's discretion. There is no requirement that the winner of the registration purchase the Release Day Merchandise. UNKNWN reserves the right to substitute a prize of equivalent monetary value if a prize cannot be awarded as described. UNKNWN is not responsible for any costs or services that may be required to use the prize, unless specifically included in the prize. UNKNWN will not replace any lost or stolen prizes. No more than the number of prizes stated in the Official Rules for the Event will be awarded. Reservations may not be re-sold.
5. OTHER TERMS
These Terms and the Rules for each Event shall be construed only according to U.S. laws, and shall be governed by the laws of Florida without regard to its conflict of laws provision. Government employees that win may be subject to ethics and gift rules of their jurisdiction. Administrator's computer is the official time-keeping device for each Event. BY REGISTERING FOR THE APP OR AN EVENT, YOU AGREE TO BE BOUND BY THESE TERMS AND THE EVENT RULES AND BY THE DECISIONS OF THE APP ENTITIES, WHICH SHALL BE FINAL AND BINDING.
Modification: UNKNWN reserves the right, at its sole discretion, to modify or replace these Terms at any time with or without notice. The most current version of these Terms will be posted on the Website and the App. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If, for any reason (including, without limitation, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, printing or production errors or any other cause beyond reasonable control of App Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of any Event), any Event is not capable of being conducted as described in these Terms, the App Entities shall have the right, at their sole discretion, to cancel, terminate, modify or suspend that Event, and select the reservation winners from the eligible registrations received prior to action taken, or as otherwise deemed fair and appropriate by the App Entities. The App Entities may, in their sole discretion, cancel any Evet prior to the commencement of the applicable Evert Period.
Limitations on Liability and Release/Indemnification UNKNWN and its parents, subsidiaries, affiliates, directors, officers, employees and agents (collectively, the App Entities) are not responsible for late, lost, incomplete, misdirected, stolen, or damaged registrations or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender or by any of the equipment or programming associated with or utilized in each Event which may limit the ability to play or participate, or by any human error that may occur in the processing of the registrations in each Event or other failures of any sort, fire, epidemic, explosion, act of God, riot or civil disturbance, war, terrorist threat or activity, any federal, state or local government law, or any other cause not reasonably within the App Entities' control.
BY ACCEPTING A RESERVATION, YOU HEREBY REFLEASE, INDEMNIFY AND HOLD HARMLESS THE APP ENTITIES FROM ANY LIABILITY, LOSS, DAMAGES OR CAUSES OF ACTION INCURRED (HOWEVER NAMED OR DESCRIBED) WITH RESPECT TO OR ARISING OUT OF EITHER (I) ENTRANTS' PARTICIPATION IN THE APP OR THE EVENT OR IN ANY EVENT-RELATED ACTIVITY; OR (II) THE RECEIPT, POSSESSION, OR USE OR MISUSE OF THE RESERVATIONS OR ANY PRIZES THAT MAY BE AWARDED IN THE PROMOTION, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH, OR CLAIMS BASED ON DEFAMATION, RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY OR MERCHANDISE DELIVERY. IF ASKED, WINNERS AGREE TO SIGN A DOCUMENT TO THIS EFFECT PRIOR TO RECEIVING THEIR RESERVATION OR ANY PRIZE.
IN NO EVENT WILL THE APP ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SERVICE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM www.unknwn.com OR ANY OTHER WEBSITE ASSOCIATED WITH EACH EVENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Publicity: By accepting a reservation, or any other prize provided in connection with an Event, You grant to the App Entities the right to use Your name, likeness, image, voice, hometown, and biographical information in advertising, trade and promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. You may be required to complete, sign and return an Affidavit of Eligibility and Publicity/Liability Release prior to the receipt of the prize or the prize may be forfeited and awarded to an alternate winner.
Choice of Law: Any and all legal actions or claims arising in connection with each Event must be brought in a court of competent jurisdiction in Florida , U.S.A. Except where prohibited, You agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Service or any Event or any registration or prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The laws of the State of Florida govern each Event and all aspects related thereto.
Privacy: You may also be asked if you wish to receive promotional emails or offers. If you consent, UNKNWN and UNKNWN's agents, affiliates, subsidiaries, representatives, or service providers may use your personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by UNKNWN. You do not need to consent to receive these emails or offers in order to register for the Sweepstakes. Even if you consent, you may subsequently opt out of receiving such emails or offers by clicking the "Unsubscribe" link in the email itself or on the "My Account" link on the UNKNWN website's homepage and following the instructions.
Winners List and Official Rules:You may request the names of winners of each Event and/or a copy of the official Rules for that Event by sending a self-addressed, stamped envelope to: UNKNWN [Re: Sneaker Reservations] 19501 Biscayne Blvd Aventura, FL 33180. VT residents may omit return postage.
UNKNWN Inc. is the Sponsor of the Release Reservation Assignment Process and all individual Reservation Events, If you have specific questions regarding the process or our App, please contact us.
©2016 UNKNWN Inc. All rights reserved. UNKNWN® and related trademarks, names and logos are the property of UNKNWN Inc. and are registered and/or used in the U.S. and countries around the world. All other trademarks are property of their respective owners.