OneASICS and Wave Free Virtual Ticket Terms and Conditions
ALISON WONDERLAND WAVEXR OFFER TERMS
NO PURCHASE NECESSARY. YOU MUST HAVE ACCESS TO THE INTERNET AND A VALID EMAIL ADDRESS TO PARTICIPATE. BY REDEEMING THIS OFFER, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 8 BELOW.
1. ELIGIBILITY: The ALISON WONDERLAND WAVEXR OFFER (“Offer” or “Promotion”) is open only to legal residents of the fifty (50) states of the United States and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age or older as of FEBRUARY 3, 2021, who have received the Offer email from ASICS and have access to the Internet at all times during the Offer Period (as defined below). All employees of ASICS Digital, Inc. (“ASICS”), WaveXR and any parent corporation, subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers, contractors or agents of each (all of the foregoing, together with ASICS collectively, “Offer Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to redeem the Offer. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Redemption of the Offer constitutes your full and unconditional acceptance of these Offer terms ("Offer Terms”).
2. OFFER PERIOD: The Offer redemption period begins at 12:00am ET 02/03/2021 and ends at 11:59pm ET on 02/05/2021 (the "Offer Period"). Redemption of the Offer must occur during the Offer Period otherwise the Offer is invalid and no substitution or replacement of any kind will be provided.
3. OFFER REDEMPTION INSTRUCTIONS: To redeem your Access Code (“Code”) and receive your Offer, you must have a valid Wave account on Wavexr.com (see here for additional Terms and Conditions which apply). To create a free Wave account and redeem your Code, go to wave.watch/alison-wonderland-asics. You must enter the Code in the “Have an Access Code? Enter it here” box and click “Enter Code.” (If you do not already have a Wave account, you will be prompted to do so here. Creation of a Wave account requires that you agree to Wave’s Terms and Conditions and Privacy Policy). Enter your email, desired password, and name and click the “Sign-Up” button. The next page that will appear will ask for your access code. Enter the unique code from your ASICS email. Once you enter the access code, you will be brought to the page where the concert will appear. (NOTE: If you go through this process prior to the concert date, at the time of the concert, simply return to the same URL and log in with your account info to view the concert). The Code is valid during the Offer Period only. If any dispute arises as to the identity of a participant, the participant shall be considered the authorized account holder of the email address through which the Offer was redeemed. An “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address or other online account by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses or online accounts for the domain or website associated with the submitted e-mail address or online account. If a participant chooses to redeem the Offer using a mobile device, messaging and/or data fees may apply. Please consult your wireless service provider’s pricing plan for details. Each participant agrees to incur any and all charges demanded by the wireless carrier.
4. CODE DETAILS: Each Code is valid to be redeemed for one (1) ticket to the Alison Wonderland interactive virtual performance provided by WaveXR scheduled to take place on February 5, 2021 (Approximate Retail Value (“ARV”) is $10-20 All expenses not specifically mentioned herein are not included or provided as part of the Offer and are solely the responsibility of the individual redeeming the Offer. Offer is not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed. Code will not be replaced if lost or stolen and is not redeemable for cash, unless required by law. One-time use only. All taxes on the Code, if any, and other expenses related to accepting and/or using the Code not listed in these Offer Terms is the sole responsibility of each individual redeeming the Offer.
5. EVENT DETAILS: The Event is currently scheduled to take place at (9 PM EST) on February 5, 2021 at wave.watch/alison-wonderland-asics. Nothing herein shall be construed to require the Offer Entities or any of them to hold the Event as scheduled. In the case that the Event does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure or for any other reason, then ASICS’ obligations as to the Event to the individuals redeeming the Offer shall be nullified and no other or additional compensation to be provided.
6. GENERAL RULES: By entering or participating in the Offer, participants agree to be bound by these Offer Terms, any applicable terms and conditions and by the decisions of ASICS, which are final and binding in all respects. By redeeming the Offer, participants waive the right to claim any ambiguity or error in these Offer Terms or in the Offer itself. ASICS reserves the right to modify these Offer Terms for clarification purposes without materially affecting the terms and conditions of the Offer. Offer Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Offer; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Offer or the processing of Codes. Further, if, for any reason, the Offer is not capable of running as planned for reasons outside the control of ASICS which, in the sole opinion of ASICS, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Offer (or portion thereof), ASICS reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Offer (or portion thereof). ASICS also reserves the right at its sole discretion to disqualify the participation of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Offer or any website operated by the Offer Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Offer Terms or the terms of service, conditions of use, and/or general rules of any ASICS property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Offer Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Code; participation in this Offer or in any activity or travel related thereto or from any interaction with, or downloading of, computer Offer information. Offer Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Code furnished in connection with this Offer.
OFFER IS PROVIDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OFFER ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF THE OFFER OR A CODE, AS FURTHER SET FORTH IN THESE OFFER TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY AN INDIVIDUAL REDEEMING THE OFFER FOR ANY REASON, INCLUDING FROM ANY PART OF THE OFFER OR ANY OTHER CAUSE(S) BEYOND ASICS’ REASONABLE CONTROL.
7. PARTICIPANT OBLIGATIONS: By participating, each participant agrees THAT THE OFFER ENTITIES AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS OFFER OR THE USE OR MISUSE OF ANY CODE. By participating in the Offer each participant agrees to be bound by these Offer Terms and the decisions of ASICS, and agrees to defend, indemnify, release and hold harmless Offer Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Offer; (ii) receipt or redemption of the Code; or (iii) entrant's participation in any Offer-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The participant(s) each assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Offer or use or redemption of the Code.
8. BINDING ARBITRATION OF DISPUTES: We believe that arbitration is a preferable manner to resolve any disputes or disagreements that you may have related to this Offer or your interactions with ASICS. Therefore, pursuant to these Offer Terms, if you have any dispute or disagreement with ASICS regarding or related to the Offer, the Code, or other aspect of your interaction with ASICS or the website or service where this Offer appears, including any data or information you may provide to the ASICS or that the ASICS may gather in connection with such use, interaction or transaction (collectively, “ASICS Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By participating in this Offer or engaging in any other ASICS Transactions or Relationships, you agree to binding arbitration as provided below.
To the fullest extent permissible by law, with the exception of disputes pertaining to the ASICS’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and ASICS arising and/or resulting from these Offer Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Massachusetts state or federal court with substantial experience in the internet industry and shall follow Massachusetts substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the address and/or zip code you have provided to ASICS. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, ASICS shall pay the costs and fees of JAMS and the arbitrator. ASICS agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
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