When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
Governing law: These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to principles of conflicts of laws. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination: You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
GIVEAWAYS AND PROMOTIONS
OFFICIAL GIVEAWAY RULES:
NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS OPEN TO REGISTERED USERS OF INSTAGRAM; FACEBOOK; OR TWITTER WHO ARE FOLLOWERS OF @NEXTUPKIXS, LEGAL RESIDENTS OF THE UNITED STATES, PUERTO RICO OR CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE, AT THE DATE OF ENTRY INTO SWEEPSTAKES. VOID IN ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. IF YOU ARE ACCESSING THIS SWEEPSTAKES VIA YOUR WIRELESS DEVICE, DATA RATES MAY APPLY.
GIVEAWAYS ARE NOT SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM/FACEBOOK/TWITTER. Data rates may apply.
Acceptance of Rules. By entering the “Next Up Kixs Giveaway” ( “Sweepstakes”) operated on “twitter.com/nkixs” ; “Instagram.com/Nextupkixs”; “Facebook.com/Nextupkixs” , you hereby accept and agree to these official rules (the “Official Rules”) of the Giveaway/Raffle and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
Purchase or Non purchase, entry or use of wireless device is necessary to enter or win. If you are a wireless service subscriber and have a smartphone, tablet or other wireless device that allows you access to the Internet, you may also enter this Giveaway/Raffle via any of those devices during the Promotion Period (as defined in guidance ). If you choose to access any Giveaway/Raffle via any of those wireless devices, you may be charged data rates in accordance to the Terms and Conditions of the Service Agreement with your carrier.
Eligibility. This Sweepstakes is offered and open to persons who are: (a) legal residents of the United States, Puerto Rico or Canada (excluding Quebec); (b) followers of (twitter.com/nkixs), (Facebook.com/Nextupkixs), (Instagram.com/Nextupkixs)(c) at least 18 years old or age of majority, whichever is older in their state of residence, at the date of entry in this Sweepstakes. For purposes of these Official Rules, “Registered User(s)” means a person who has successfully completed the registration form, obtained a user identification, an associated password on the social website Twitter, Facebook, or Instagram . There is no fee associated with becoming a Twitter, Facebook, or Instagram Registered User. Employees, directors, and the immediate family members of the Giveaway entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Giveaway. For purpose of the foregoing, “immediate family” means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Giveaway is void where prohibited by law.
Entering the Giveaway :, If not already, (a) become a Registered User (as specified above); (b) visit Nextupkixs at (i.e. www.twitter.com/nkixs ); (i.e. www.facebook.com/Nextupkixs ); (i.e. www.instagram.com/Nextupkixs) © like and reply to the tweet post related to this Giveaway, during the Giveaway period, to receive an entry into the Giveaway. For purposes of clarity, Users can only reply once during the Giveaway Period. Users who reply multiple times may be disqualified at Sponsor’s sole discretion. If any changes occur and they affect the Giveaway, including without limitation, the need to cancel the Giveaway, such changes will be posted on the Next Up Kixs (i.e. http://www.twitter.com/nkixs ); (i.e. http://www.facebook.com/Nextupkixs) (http://www.instagram.com/Nextupkixs).
Limit of one (1) entry per person during the Promotion Period.
Promotion Period. The Giveaway begins at posted entry time Eastern Daylight Savings Time (“ET”) on date posted and ends at time on date of posted closure of the (“Promotion Period”).
Prize. The Giveaway will award one (1) grand prize (the “Prize”) which consists of one (1) of the promotional giveaways declared item. The Prize has a total approximate retail value of Three Hundred and Thirty Dollars (US $330.00).
Prize Restrictions. Certain terms and restrictions apply on Prize and will be furnished upon Prize claim. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Administrator reserves the right to substitute the Prize with a prize of comparable or greater value, should the Prize or part of the Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
Odds/Drawing/Winner Notification. Odds of winning the Prize depends on the number of eligible entries received during the Promotion Period. On or about end date of giveaway, the Prize Winner drawing will be conducted at random by Administrator, whose decisions are final and binding in all respects. The potential Prize winner (the “Winner”) will be notified by Administrator, via a message to their Twitter, Facebook, or Instagram Service account. Potential Winner will be asked to provide their personal information, such as their name, physical address, date of birth and phone number in order to confirm eligibility and compliance with these Official Rules. Administrator will select up to two (2) alternate Winners. If no contact has been made with the alternates after a reasonable effort has been made during three (3) business days from the first notification attempt to the last alternate, the Prize will not be awarded. Any potential Prize Winner who is a resident of Canada, may be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline in order to be declared a Winner.
Prize Taxes. All federal, state, local, provincial, and other tax liabilities arising from this Sweepstakes, including, without limitation, winning the Prize, will be the sole responsibility of the Winner.
Affidavit of Eligibility/Liability Release and Publicity Release. Winner may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the “Release Forms”), as well as a W-9, E8 or 1099 Misc tax form (where applicable) within five (5) days of notification of winning. Failure to return Release Forms timely, or if Prize notification or the Prize is returned as undeliverable, or if the Winner is found not to be eligible or not in compliance with these Official Rules may result in disqualification with an alternate Winner selected in accordance with these Official Rules.
Publicity Release Terms. Except where prohibited by law, the Winner’s acceptance of Prize constitutes permission for the Giveaway entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Giveaway, and refuse to award the Prize, if the Winner engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Giveaway or detrimental to other entrants of the Giveaway. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Giveaway. Winner agrees that Administrator may void the Prize or any part of the Prize that the Winner may have won and/or require the return of the Prize or any part of the Prize that a Winner may have won as a result of such improper conduct. Winner further acknowledges that any forfeiture of the Prize and/or return of the Prize shall in no way prevent Administrator from pursuing other avenues of recourse, such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE GIVEAWAY ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Integrity of Giveaway. If, for any reason, the Giveaway is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway and select the Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
Lost or Corrupted Entries. The Giveaway entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Giveaway entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking or by any of the equipment or programming associated with or utilized in this Giveaway, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the giveaway.
Damaged Property. The Giveaway Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to entrants or to any other person’s computer or property related to or resulting from participating in this Giveaway or downloading materials from this giveaway.
Giveaway Errors. The Giveaway Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with errors and/or ambiguity: (a) in the giveaway ; (b) in any related advertising or promotions of this giveaway; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, the Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity(s) or error(s) without materially affecting the terms and conditions of the Giveaway.
Prize and Winner. The Giveaway entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive any rights to any claim in connection with, the selection and announcement of the Winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of the Prize or any part of this Giveaway.
Release and Indemnity. Each entrant in this Giveaway, including, without limitation, the Winner, hereby releases and agrees to hold harmless the Giveaway entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Prize, participation in this Giveaway and participation in any activity related to this giveaway .
Limitation of Liability. IN NO EVENT WILL THE GIVEAWAY ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND 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 THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
Disclaimer of Warranties. THE GIVEAWAY AND PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address and/or wireless phone number submitted at the time of registration into Twitter and/or entry into the Giveaway. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Giveaway. Any controversy or claim arising out of, or relating to, these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Kentucky, in the City of Louisville and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Governing Law and Jurisdiction. This promotion is governed by and subject to all applicable Laws and regulations (federal, state, local, and provincial) from where this Giveaway is open to. In the event of conflict, the Laws of the U.S.A. will govern. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Giveaway, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration, as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Kentucky, in the City of Louisville.
Winner’s List/Official Rules. For the Winner, please acknowledge by reading and signing acceptance of giveaway policy and rules along with IRS 1099-Misc form and return to Next Up Kixs via email to firstname.lastname@example.org or to our listed mail forwarding address received via Giveaway selection email. The name of the Winner may be posted, and the Official Rules will be posted on the Next Up Kixs media platforms.