City Gear Shoe Launch Raffle Terms And Conditions

Effective Date: 09/09/2024
Last Revised: 09/09/2024

 

By participating in any City Gear Launch Raffle (sometimes referred to herein as the “Promotion”) you (“Participant” or “You”) are confirming that you understand and agree to be bound by the City Gear Launch Raffle Terms and Dispute Resolution Agreement , INCLUDING THE AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER PROVISIONS BELOW , as well as the City Gear Terms of Use  and the City Gear Privacy Policy (collectively, the “Terms”).  If you do not agree to the Terms, please do not participate in any City Gear Launch Raffle.  The Terms may be changed at any time without notice and any such changes shall be effective upon their posting to citygear.com or the City Gear App.  Your participation in a City Gear Launch Raffle after any change in these Terms shall constitute your consent to such changes. 

 

SPONSOR

 

Each City Gear Launch Raffle is sponsored by City Gear, LLC (“City Gear”), 2700 Milan Court, Birmingham, Alabama 35211 (collectively, “Sponsor” or “City Gear”).

 

“RAFFLE” IS A TERM OF ART, AND NOT A LEGAL DEFINITION

 

The legal definition of “raffle” is a game or contest that includes three elements: (1) consideration, (2) chance, and (3) a prize.  In the Promotion, there is no consideration required.  In other words, a customer is not required to make any payment or give anything of value to City Gear in order to participate.  The Promotion is free and open to United States residents 16 years old or older with a valid form of identification.  Additionally, there is no prize given to those who are selected.  Rather, those selected are granted eligibility to purchase the product of their choosing as specified in their registration at their expense, and nothing more.  

City Gear developed its Launch Raffle functionality in the City Gear App to enable City Gear’s customers to conveniently register for an opportunity to become eligible to purchase products on their release date without having to visit a City Gear brick and mortar store location in order to register.  The functionality in the City Gear App also improves communication regarding launches.  Customers register and are informed of their status electronically.  Customers are also able to easily register for potential eligibility to purchase launch products at multiple brick and mortar store locations and, when available, for purchase online.  

 

NO PURCHASE NECESSARY

 

No purchase is necessary to enter a City Gear Launch Raffle.  If you purchase something from City Gear or make any payment of any kind to City Gear it will not increase your chances of becoming eligible to purchase launch products.  

 

VOID WHERE PROHIBITED

 

These City Gear Launch Raffle Terms are void where prohibited.

 

HOW TO REGISTER

 

In order to register to participate in a City Gear Launch Raffle, you must have downloaded the City Gear App and you must have a valid Hibbett | City Gear Rewards account, a valid email address, and a valid phone number.  You must be a resident of the United States.  To register to participate in a City Gear Launch Raffle for a particular City Gear brick and mortar store location you will also need to turn on Location Services for the City Gear App to allow City Gear to access your location while you are using the App to identify nearby City Gear brick and mortar store locations.  You may enter City Gear Launch Raffles for a particular product launch for up to three (3) City Gear brick and mortar store locations.  When available you will also be given the option to register for potential eligibility to purchase launch products online using the City Gear App or citygear.com.  When registering for a City Gear Launch Raffle, you also must select your size (if applicable).  If a size is not listed as available, you will not be able to register to become eligible to purchase launch products in that size. Additionally, in order to complete registration, you will be required to have a valid Hibbett | City Gear Rewards account and provide us with a valid cell phone number.  

For raffles that are not associated with a particular brick and mortar store location, City Gear may require entry of payment card information, in addition to your name, address, and phone number, in order to complete registration for the raffle.  If you are selected to become eligible to purchase launch product and you have provided us with valid payment card information, we will first place an authorization hold on the payment card account included in your registration prior to the launch date, typically on the same day that we transmit notification of your eligibility to purchase launch product to you.  We will release the authorization hold and charge your payment card account for the amount of the purchase when the merchandise ships.  Your financial institution controls the timing of the removal of the authorization hold from your payment card account. 

For raffles that are associated with a particular brick and mortar store location, you may elect to provide us with your name, address, phone number and payment card information if you wish to be registered as a participant in the store raffle’s “lightning round” if a “lightning round” is included in the raffle. If you do not wish to register to participate in the store raffle’s “lighting round,” you need not provide us with your payment card information.  A store raffle’s “lighting round,” if included in a particular raffle, takes place following completion of the initial rounds and includes for potential purchase products, if any, not claimed by selected participants within a designated amount of time following completion of the initial rounds of the store’s raffle.  If you are selected as a person eligible to purchase launch product in the “lightning round,” you must visit the store location within a designated amount of time to complete purchase.  If you are selected as a person eligible to purchase launch product in the store raffle’s lightning round and you have provided us with valid payment card information, we will first place an authorization hold on the payment card account included in your registration, typically on the same day that we transmit notification of your status as a person eligible to purchase launch product  to you.  We will release the authorization hold and charge your payment card account for the amount of the purchase when you visit the store to complete the transaction and pick up the merchandise.  Your financial institution controls the timing of the removal of the authorization hold from your payment card account. If you fail to visit the store to complete the transaction and pick up the merchandise within the timeframe specified in our communication to you, we will release the authorization hold on your payment card account and we will make the merchandise available for purchase by the general public.  Your financial institution controls the timing of the removal of the authorization hold from your payment card account.      

 

SPONSOR’S PRIVACY POLICY

 

Information collected from Participants is subject to Sponsor’s Privacy Policy .

 

HOW ELIGIBILITY TO PURCHASE IS DETERMINED

 

Sponsor will select and identify individuals who are eligible to purchase launch products in a random drawing of all entries received for each available product size for each City Gear brick and mortar store location or, when available, for online sales of launch products using the City Gear App or citygear.com.  Odds of being selected to become eligible to purchase launch products depend upon the number of entries received for each drawing at each store or for online purchase, as well as availability of sizes.  

 

HOW AND WHEN YOU CONFIRM YOUR INTENT TO PURCHASE

 

If upon entry to a raffle you have designated yourself eligible for the "lightning round” (if a “lighting round” is offered in a particular raffle) you will not be required to confirm your intent to purchase (whether you are selected in a preliminary round or the “lightning round”), as such intent is confirmed by your presentment of payment card information at the time of completion of your entry.  If you are selected as a person eligible to purchase launch product and you have provided us with valid payment card information, we will first place an authorization hold on the payment card account included in your registration prior to the launch date, typically on the same day that we transmit notification of your status as a person eligible to purchase launch product to you.  We will release the authorization hold and charge your payment card account for the amount of the purchase when the merchandise ships (for raffles that are not associated with a brick and mortar store location) or when you pick up the merchandise from the designated brick and mortar location (for raffles that are associated with a brick and mortar store location).  Your financial institution controls the timing of the removal of the authorization hold from your payment card account.  

You agree that if We are unable to place an authorization hold on your payment card for any reason or no reason, even if you are not at fault, You shall forfeit without further notice from City Gear the right to purchase the designated merchandise.  

If You did not enter the “lightning round,” you will be required to confirm your intent to purchase within the City Gear Mobile App prior to the date and time set forth in the notification You receive.  If you fail to complete this confirmation process within the City Gear Mobile App, You shall forfeit without further notice from City Gear the right to purchase the designated merchandise.

 

HOW AND WHEN TO COMPLETE YOUR PURCHASE

 

For raffles that are associated with a particular brick and mortar store location, You agree that you may complete your purchase only by visiting the designated brick and mortar store location associated with your entry (and not at any other brick and mortar location) if you were selected as a person eligible to purchase launch product.  If you do not visit the particular brick and mortar store location by 12:00 PM on launch day or by your appointment time, whichever is later, you shall forfeit without further notice from City Gear the right to purchase the designated merchandise.  This forfeiture by you shall occur even if you have previously provided us with your payment card information and even if we have placed an authorization hold on your payment card account.  You must provide a valid government issued ID with a first and last name that matches the first and last name of the person selected as eligible to purchase launch product.  Provision of such valid government issued ID is a condition precedent to your right to purchase the merchandise.  

For raffles that are not associated with a particular brick and mortar store location, You agree that completion of your entry with inclusion of accurate payment card account information shall constitute your authorization to City Gear to charge the purchase price of the merchandise to your payment card account and initiate shipment of the merchandise to the address set forth in your entry on or after launch date without further action by you.  We will release the authorization hold and charge your payment card account for the amount of the purchase.  At this time we will also release the authorization hold placed on your payment card account previously.  Your financial institution controls the timing of the removal of the authorization hold from your payment card account.  

 

HOW WE NOTIFY YOU THAT YOU HAVE BEEN SELECTED.

 

Participants who are selected to become eligible to purchase launch products may receive an email notification, in-App message, push notification and/or, if elected previously by Participant by subscribing to City Gear Launch Raffle Alerts, a text message informing them that they have been selected.
  
Participants should check the City Gear Mobile App for information regarding their raffle status and whether they were selected as a person eligible to purchase launch product.  If You were not selected as a person eligible to purchase launch product, you may receive an email notification, in-App message, and/or push notification notice that you were not selected.  

Participants not selected remain eligible for a later drawing that may or may not be held in City Gear’s sole discretion.

 

CONSENT TO RECEIVE TELEPHONE CALLS

 

By participating in any City Gear Launch Raffle, Participants confirm that they are the current subscriber and/or customary user of the mobile phone or other phone number registered.  Participants consent to receive telephone calls from City Gear store personnel regarding any City Gear Launch raffle for which they have registered, including through an automatic telephone dialing system or autodialer.  If a Participant has subscribed to City Gear Launch Raffle Alerts, they shall also receive text message updates regarding the raffle.  Participants understand that they are not required to participate in a City Gear Launch Raffle in order to make any purchases (in-store or online), and that Participant’s consent is not a condition of any purchase.  Participant’s participation in any City Gear Launch Raffle is completely voluntary.

 
HOW A SELECTED PARTICIPANT MAY PURCHASE LAUNCH PRODUCTS

 

Participants who are selected for eligibility to purchase launch products shall be required to purchase their reserved products at the designated City Gear brick and mortar store location or online, as applicable, by a date and time specified by City Gear.  For purchases at City Gear brick and mortar store locations a Participant must provide a valid government issued ID with a first and last name that matches the first and last name of the Participant selected as eligible to purchase launch product or, if a Participant designates an alternative pick-up person, the designated alternative pick-up person must present a valid government issued ID with a first and last name that matches the first and last name of the Participant selected as eligible to purchase launch product.  If you designate an alternative pick-up person and that person purchases and/or picks up a launch product from City Gear, you agree that City Gear shall have no liability if the alternative pick-up person fails to deliver the launch product to you.  Acceptable forms of valid government issued ID include state-issued identification such as a driver’s license, passport, or military ID.  City Gear may elect to accept other forms of identification in its sole discretion, and City Gear shall have no obligation to accept any form of identification other than the acceptable forms of valid government issued ID listed above.  Participants selected for eligibility to purchase launch products shall be required to complete their purchase by a deadline established by Sponsor.  If a Participant or a Participant’s designated alternative pick-up person, if applicable, fails to complete the purchase by this deadline, the Participant forfeits their right to purchase the launch product in the City Gear Launch Raffle.

 

WHAT A SELECTED PARTICIPANT MAY RECEIVE

 

There is no prize given to those who are selected.  Rather, those selected are granted eligibility to purchase launch product of their choosing as specified in their registration, and nothing more.  Eligibility to purchase launch product must be accepted as awarded, including store location or online purchase option and launch product size as specified in a Participant’s registration, as applicable.  Eligibility to purchase launch product is not transferable, although a Participant may designate an alternative pick-up person as set forth above.  No substitution of product, cash, or other award may be made, except by Sponsor in Sponsor’s sole discretion.  Sponsor reserves the right to substitute eligibility with another promotion if the launch products are not available for any reason as determined by Sponsor in Sponsor’s sole discretion.  Sponsor may also elect to change the timeframe in which launch product may be reserved and available for purchase in Sponsor’s sole discretion.  Sponsor does not guarantee or warrant that every entry for launch product will be fulfilled, even if Participant is selected as eligible to purchase launch product.

 

SPONSOR MAY REVOKE ELIGIBILITY TO PURCHASE LAUNCH PRODUCT

 

Notwithstanding any other provision in these City Gear Launch Raffle Terms and Conditions, at all times City Gear retains the right to revoke an individual’s eligibility to purchase launch product in a  City Gear Launch Raffle or otherwise disqualify a Participant from a City Gear Launch Raffle for any reason or no reason and without notice to Participant.  Without limiting the generality of the foregoing, City Gear may elect to disqualify and/or refuse sale of launch product to any individual who City Gear deems, in its sole discretion, has attempted to abuse, tamper with, or circumvent the  City Gear Product Launch process, including but not limited to the use of any means of automating entries, including but not limited to “robots” or “bots,” or any action that City Gears deems inappropriate in its sole discretion.  Without limiting the generality of the foregoing, you agree not to (1) engage in any conduct that restricts, inhibits, or interferes with any other person’s ability to use the City Gear website or City Gear App or participate in the City Gear Launch Raffle; (2) use the City Gear website or City Gear App in any manner that could overburden, disable or impair the website or App; (3) test the vulnerability of the City Gear website or City Gear App; (4) use any automatic process, device, or means to access the City Gear website or City Gear App for any purpose; (5) use any computer code, “robot”, “bot”, “spider”, “scraper”, data mining software, or other program or functionality to monitor or copy any portion of the City Gear website or App for any purpose, including but not limited to automating raffle entries.  City Gear also reserves the right to block any individual from participating in any City Gear Launch Raffle for any reason or no reason.  Without limiting the generality of the foregoing, City Gear may elect to block any individual from participating in any City Gear Launch Raffle due to threats, harassment, unsportsmanlike behavior, or annoyance. 

 

PROMOTION IS SUBJECT TO ALL APPLICABLE LAWS

 

City Gear Launch Raffles are subject to all applicable laws, including federal, state, and local laws and regulations.  They are void where prohibited by law.

 

SEVERABILITY

 

If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable.  If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall remain valid and enforceable, other than as specified in the Agreement to Arbitrate and Class Action Waiver section below.

 

SPONSOR MAY CANCEL, TERMINATE OR SUSPEND PROMOTION

 

Sponsor may cancel, terminate or suspend a City Gear Launch Raffle at any time for any reason or no reason.  Without limiting the generality of the foregoing, Sponsor may take any of the foregoing measures in the event that the administration or security of the Promotion is impaired due to technical problem, virus, or fraud.  In the event that Sponsor elects to suspend a City Gear Launch Raffle it may elect to resume the Promotion upon any additional terms and conditions that Sponsor deems appropriate.  Sponsor also may award eligibility to purchase launch product at random from among eligible entries received prior to Sponsor’s suspension or termination of the Promotion.

 

CHANGES TO TERMS

 

Our Terms may be modified. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE PROMOTION AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.  These terms were last modified on September 9, 2024. 

 

RELEASE OF CLAIMS AND HOLD HARMLESS AGREEMENT

 

Participant agrees to release and hold harmless City Gear, LLC, Hibbett Retail, Inc., and their affiliated corporate entities, and their respective directors, officers, employees and agents (the “Released Parties”) from any against any claim or cause of action arising out of or relating to entrant’s participation in a City Gear Launch Raffle or purchase of launch products.  Participant also agrees that in any cause of action the Released Parties will not be liable for attorney’s fees and the Released Parties’ liability shall be limited to the cost of participating in the Promotion.  Participant waives any and all rights to claim any damages whatsoever, including but not limited to punitive, consequential, direct or indirect damages.  Participant agrees that the Released Parties have made no warranty or representation relating to entrant’s eligibility to purchase launch products.

 

CHOICE OF LAW

 

The construction, validity, interpretation and enforceability of these Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules of Alabama or any other state which would cause the application of the laws of any jurisdiction other than the State of Alabama.

 

AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

 

YOU AND SPONSOR AGREE THAT: (1) ANY CLAIM, DISPUTE, OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION; (2) WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; (3) RIGHTS THAT WE EACH WOULD HAVE IF WE WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST; (4) WE EACH MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (5) THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.   

Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  Without limiting the generality of any of the language regarding the scope of the parties’ agreement to arbitrate and class action waiver set forth in all capitalized letters above, any dispute or claim arising out of or relating to entrant’s participation in a City Gear Launch Raffle or purchase of launch product shall be settled by binding arbitration.  You and City Gear waive the right to go to court and agree to submit any claims to arbitration.  This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding the foregoing, we both retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class, non-representative) basis.  You and City Gear agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules issued in Sept. 2014.  Please contact the AAA for a copy of the rules.  For your convenience, the arbitration may be conducted in the federal district where you reside.  It may be held by telephone or through written submissions if both you and Sponsor agree.  Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.  This provision survives the cancellation, suspension, or termination of any City Gear Launch Raffle or any other aspect of your relationship with Sponsor.  If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.

YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY DAYS OF YOUR FIRST PARTICIPATION IN A CITY GEAR LAUNCH RAFFLE BY WRITING TO US VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT CITY GEAR, LLC, 2700 MILAN COURT, BIRMINGHAM, AL  35211, ATTN: LEGAL DEPT.