Terms and Conditions
1. About: From time to time, Alife Holdings, LLC, located at 158 Rivington Street, New York, NY, (“Alife”) may offer limited releases of its footwear, apparel or accessory products to consumers. As a service to its consumers, and to avoid long lines or other inconveniences to consumers, Alife may offer a virtual waiting room for consumers who are interested in participating in such limited releases. No purchase or payment is required to participate in the virtual waiting room. These Terms and Conditions (“Terms”) govern your participation in the virtual waiting room.
2. Eligibility: You must be a legal U.S. resident and at least 18 years old to participate in an Alife virtual waiting room. Virtual waiting rooms are for consumers only; waiting room sales are not intended for commercial or bulk purchases. Consumers MUST have an Alife/A.R.C. account to purchase products if selected; accounts are free to create. Employees of Alife and its affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate.
3. Agreement to Terms: By participating, you agree to be fully and unconditionally bound by these Terms, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Alife as the administrator of the virtual waiting room as final and binding as it relates to these terms or any related sales transactions.
4. Waiting Period: You may reserve a spot in the virtual waiting room starting on or about Monday, December 10, 2018 at 5:00 PM and ending Wednesday, December 12, 2018 at 11:59 PM. All times are (GMT-05:00) Eastern Time (US & Canada). Alife’s computer, or that of its designee, shall serve as the official timekeeping device.
5. How to Reserve a Spot: To reserve a spot, complete the online form located at http://bit.ly/2q1sigW. Forms that are not complete or do not adhere to these Terms or specifications may be rejected or disqualified at Alife’s sole discretion. You may not hold or reserve more than one spot in the virtual waiting room. Any attempt to exceed this limit, including but not limited to the use of multiple e-mail addresses, identities or devices, or any other attempt to circumvent the restrictions outlined in these Terms, will result in disqualification. Proof of submission does not constitute proof that your form has been received for accepted. If you use fraudulent methods or otherwise attempt to circumvent the Terms your submission may be removed from eligibility at the sole discretion of Alife.
6. Selection and Notification: Alife will randomly select a limited number of consumers who will have a time-limited right to purchase the specified limited release product. Selected consumers will be notified via e-mail at the e-mail address they submitted on the entry form within 48 hours following the conclusion of the waiting period. Alife shall have no liability for a consumer’s failure to receive notices due to spam, junk e-mail or other security settings or for incorrect or otherwise non-functioning contact information provided by consumer. If a selected consumer cannot be contacted, is ineligible, or fails to purchase the product within 7 days from the time notification was sent, Alife may release the held product and select an alternate consumer. The order that entry forms are received has no effect on chances of being selected. In the event of a dispute as to the identity of a selected consumer, the authorized account holder of the email address submitted in connection with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
7. Product Details: All details of limited release products and sales transaction shall be determined by Alife in its sole and absolute discretion. Actual products may differ from promotional images. Consumers must adhere to any additional terms established by Alife, including, but not limited to, acceptable payment methods. Colors, styles, and sizes are not guaranteed to be available. No returns, substitutions or cash redemption shall be permitted, except with Alife’s prior written approval. Places in the waiting room and opportunities to purchase limited release merchandise are not assignable or transferrable and may not be resold. Unclaimed products shall be released for resale. ANY VIOLATION OF THESE TERMS BY ANY CONSUMER (AT ALIFE’S SOLE DISCRETION) WILL RESULT IN SUCH CONSUMER’S DISQUALIFICATION AND ALL PRIVILEGES WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By participating you understand that Alife, anyone acting on behalf of Alife, or Alife’s licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your name, portrait, picture, voice, likeness, image, statements, and biographical information for marketing and promotional purposes related to the limited release products without any further compensation or prior approval.
9. Terms: Alife reserves the right, in its sole discretion to cancel, terminate, modify or suspend any particular virtual waiting room at any time for any reason or no reason. In such case, Alife may release the limited release products for immediate sale or select consumers from among those already registered to participate in a virtual waiting room. Alife reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with this process or the operation of the virtual waiting room or website, or who violates these Terms.
Alife has the right, in its sole discretion to void or disqualify entry forms for any reason, including, but not limited to multiple entries from the same consumer using different IP addresses; multiple entries from the same computer in excess of that allowed by these Terms; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the virtual waiting room may be a violation of criminal and civil laws and should such an attempt be made, Alife reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the virtual waiting room you agree to receive email newsletters periodically from Alife. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: The virtual waiting room is provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. By participating you agree to release and hold harmless Alife and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) participation in the virtual waiting room and/or acceptance, possession, use, or misuse of any product or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the virtual waiting room; (v) electronic or human error which may occur in the administration of the virtual waiting room or the processing of entry forms.
11. Disputes: Any and all disputes, claims and causes of action arising out of or connected with the virtual waiting room or purchase or attempted purchase of any limited release products will be resolved individually, without resort to any form of class action. As a condition of participating, you agree that any and all disputes, claims, or causes of action arising out of or connected with these Terms or the purchase or attempted purchase of any limited release products shall be submitted to JAMS for binding arbitration in accordance with its rules then in effect in the New York, New York, area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. In any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses associated with his or her participation in a virtual waiting room and participant further waives all rights to have damages multiplied or increased.
12. CHOICE OF LAW: THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.