PAIR EYEWEAR AMERICA’S BEST CUSTOMER PROMOTION OFFICIAL RULES
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Pair Eyewear America’s Best Customer Promotion (the “Promotion”) begins at 12:01 a.m. PST on January 11, 2024 (the “Start Date”) and ends at 11:59 p.m. PST on February 16, 2024 (the “End Date”) (such period referred to herein as the “Promotion Period”). The Promotion is sponsored by Pair Eyewear, Inc. (the “Sponsor”). This Promotion operated solely by Sponsor and not America’s Best, and any questions, comments or complaints regarding the Promotion shall be directed to the Sponsor.
1. PURCHASE REIMBURSEMENT: During the Promotion Period, the first fifty (50) eligible individuals to (i) purchase a Pair Bundle at an eligible America’s Best location; and (ii) submit an online entry at www.paireyewear.com/ab-contest with all relevant information fields completed and provide of purchase for the Pair Bundle (i.e. copy of receipt) will receive a full reimbursement of their purchase. The reimbursement will be in the form of a pre-paid debit card (the “Reimbursement”). The “Pair Bundle” will mean the purchase of an eye exam, Pair base frame, and two Pair tops, with a minimum purchase value of $129.95. Only one reimbursement will be permitted per individual, and Pair will reimburse lens and exam add-ons up to $400.00. Sponsor will use commercially reasonable efforts to issue the Reimbursement by March 15, 2024. Sponsor reserves the right to cancel any Reimbursement in the event of a return, refund or chargeback for the purchased Pair Bundle or due to any fraudulent receipts that are submitted.
2. REFERRAL BONUS: During the Promotion Period, eligible individuals who (i) refer a family member, friend or other third party to purchase a Pair Bundle at America’s Best location, and (ii) submit an online entry at www.paireyewear.com/ab-contest with all relevant information fields completed and provide of purchase for the Pair Bundle (i.e. copy of receipt) will receive a $50.00 pre-paid debit card for each purchased Pair Bundle (the “Referral Bonus”). Each receipt may only be submitted by a single individual and any subsequent submissions of a receipt will not be eligible for the Referral Bonus. Sponsor will use commercially reasonable efforts to issue the Referral Bonus by March 15, 2024. Sponsor reserves the right to cancel any Referral Bonus in the event of a return, refund or chargeback for the purchased Pair Bundle or if Sponsor discovers that the proof of purchase has been submitted previously submitted by another individual or is otherwise fraudulent.
3. TOP REFERRAL PRIZE: After the End Date, the individual who submitted the most unique, verified proofs of purchases for Pair Bundles to Pair (the “Winner”) will be entitled to the following prize: a one-on-one design session with Sponsor to design three custom Pair tops (the “Referral Prize”). Pair will verify eligibility of and provide notice to the Winner by March 15, 2024. The location, date and time for redeeming the Referral Prize will be agreed upon by the Winner and Sponsor. The Referral Prize is not redeemable for cash.
In the event a potential winner does not accept a prize within seven (7) days of receipt of such notice, a potential winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected based on the next highest number of submissions to Pair for purchases of Pair Bundles. The Sponsor is not responsible for and will not be liable for late, lost, misdirected or unsuccessful efforts to notify a potential winner. The Winner agrees to Sponsor’s use of his/her name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the Winner may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.
4. ELIGIBILITY: The Promotion is only open to individuals, who are (i) legal residents of the United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions); and (ii) at least eighteen (18) years of age at the time of entry (provided that a parent or guardian make purchases of Pair Bundles on behalf of a minor). Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Employees, independent contractors, officers, and directors of the Sponsor are not eligible to participate in the Promotion. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
In order to receive the Reimbursement, Referral Bonus, or Referral Prize, the entrant may be required to provide proof of identification and/or eligibility. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of the entrant. All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional. Sponsor reserves the right verify purchases are eligible for the Reimbursement, the Referral Bonus or the Referral Prize, and that proof of purchases submitted are not fraudulent.
In addition, each entrant acknowledges that (i) this Promotion is separate from any existing promotions or reward points available at www.paireyewear.com; (ii) redemptions of or purchases using existing Pair Points from an individual’s account will not be eligible for this Promotion (including the Reimbursement or Referral Bonus) or otherwise count towards earnings for the Referral Prize; and (iii) no Pair Points will be earned from purchases made in connection with this Promotion.
5. CONDITIONS: The Sponsor and its respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, will not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) any condition caused by events beyond the control of the Sponsor; (d) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Promotion; or (e) any printing or typographical errors in any materials associated with the Promotion. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. By participating in the Promotion, participants and the Winner agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction) that would cause the application of any other state’s laws.
6. Arbitration Agreement; Dispute Resolution by Binding Arbitration:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules, the Promotion, your participation in the Promotion, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Promotion, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Pre-Arbitration Dispute Resolution: The Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing the Sponsor’s support team at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to Pair Eyewear, Inc., 44 West 28th Street, 15th Floor, New York, NY 10001, Attn: America’s Best Promotion (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(g) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void. The remainder of these Official Rules will continue to apply.
7. WINNERS LIST: To obtain the first name, last initial, city and state of the Winner, send a separate self-addressed, stamped envelope marked “Pair Eyewear America’s Best Promotion” to the Sponsor. Requests for Winners list must be received no later than 90 days from the End Date (residents of Vermont and Washington need not include return postage).
For questions or concerns, please contact Pair at [email protected] or the following address:
Pair Eyewear, Inc.
44 West 28th Street, 15th Floor
New York, NY 10001
9. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law.
10. Copyright © 2023 Pair Eyewear, Inc. All rights reserved.