Terms of service
SECTION 1 - ONLINE STORE TERMS
SECTION 2 - GENERAL CONDITIONS
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 7 - OPTIONAL TOOLS
SECTION 8 - THIRD-PARTY LINKS
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 12 - PROHIBITED USES
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
SECTION 17 - ENTIRE AGREEMENT
SECTION 18 - GOVERNING LAW
SECTION 19 - CHANGES TO TERMS OF SERVICE
SECTION 20 - CONTACT INFORMATION
SECTION 21 - PROMOTIONS
Free Essentials Glasses Case: Open to all customers. To qualify, customers must purchase a base frame of any variety. Free products earned as part of a promotion are ineligible to be returned/exchanged. Additional exclusions may apply. Void where prohibited.
FREETOPPER: Open to CA customers only on their first order with Pair Eyewear. Use code FREETOPPER at checkout for discount to apply. Discount will be applied to (1) Top priced up to $35 CAD. Cart total must be >$225 CAD before discount can be applied. Eligible cart total does not include PairCare, Gift Card, and shipping. Cannot be combined with other promotions, offers, or discounts. Pair loyalty points cannot be applied to purchases. Items previously purchased are ineligible for price adjustments. Free products earned as part of a promotion are ineligible to be returned/exchanged. Price matching will not be honored.
FREESUNTOP PROMO: Open to customers only on their first order with Pair Eyewear. Use code FREESUNTOP at checkout for discount to apply. Discount will be applied to (1) Sun Top. Cart total must be >$199.99 USD before discount can be applied. Eligible cart total does not include PairCare, Gift Card, and shipping. Cannot be combined with other promotions, offers, or discounts. Pair loyalty points cannot be applied to purchases. Items previously purchased are ineligible for price adjustments. Free products earned as part of a promotion are ineligible to be returned/exchanged. Price matching will not be honored.
FREETOPCASE: Open to US + CA customers only on their first order with Pair Eyewear. Use code FREETOPCASE at checkout for discount to apply. To qualify, customers must add the Green Top Frame Case to cart. To receive the free gift, your cart subtotal (excluding the accessory) must be greater than: US: $119.99 USD (CA: $169.99 CAD) before discount can be applied. Cannot be combined with other promotions, offers, or discounts, and Pair loyalty points cannot be applied to purchases. Items previously purchased are ineligible for price adjustments. Free products earned as part of a promotion are ineligible to be returned/exchanged. Price matching will not be honored. Cart total does not include taxes, shipping fees, PAIRCare, gift cards. Additional exclusions may apply. Void where prohibited.
FREEWALLHANGER: Open to US + CA customers customers only on their first order with Pair Eyewear. Use code FREEWALLHANGER at checkout for discount to apply. To qualify, customers must add the Perry Wall Hanger to cart. To receive the free gift, your cart subtotal (excluding the accessory) must be greater than: US: $119.99 USD (CA: $169.99 CAD) before discount can be applied. Cannot be combined with other promotions, offers, or discounts, and Pair loyalty points cannot be applied to purchases. Items previously purchased are ineligible for price adjustments. Free products earned as part of a promotion are ineligible to be returned/exchanged. Price matching will not be honored. Cart total does not include taxes, shipping fees, PAIRCare, gift cards. Additional exclusions may apply. Void where prohibited.
FREETOP: Open to US & CA customers only on their first order with Pair Eyewear. Use code FREETOP at checkout for discount to apply. Discount will be applied to (1) top priced up to $25 USD ($35 CAD); free top offer not valid on Sun Tops, Premium Tops, or Licensed Tops. Cart total must be >$199.99 USD (>$279.99 CAD) before discount can be applied. Cannot be combined with other promotions, offers, or discounts, and Pair loyalty points cannot be applied to purchases. Items previously purchased are ineligible for price adjustments. Free products earned as part of a promotion are ineligible to be returned/exchanged. Price matching will not be honored. Cart total does not include taxes, shipping fees, PAIRCare, gift cards. Additional exclusions may apply. Void where prohibited.
Framed Finds Sale: Sale period applies from August 9 2025 at 10:00am ET until supplies last. Online only at https://paireyewear.com/. No code needed. Prices as marked and discounts are automatically reflected as strikethrough price. Final sale. No refunds, no returns.Pair+ discount does apply in conjunction with the markdown discount starting August 11 2025. Cannot be combined with any other promotions, offers, or discounts. Pair Points/Pair+ Store Credit can be applied to purchases. Items previously purchased are ineligible for price adjustments. Price matching will not be honored. Additional exclusions may apply. No adjustments permitted on previous purchases. Offer subject to change without notice.
Refer A Store Program: Pair Eyewear (“we,” “our,” “us”) is offering a referral program that rewards our direct-to-consumer (“DTC”) customers for referring independent optical stores to become Pair Eyewear wholesale partners. By participating in this program, you (“Referrer”) agree to the following terms and conditions.
Eligibility: The Referrer must be an existing Pair Eyewear DTC customer in good standing. The referred business (“Referred Store”) must qualify as an independent optical store, defined as a business that is independently owned and operated. This program excludes large chain accounts, including but not limited to: America’s Best, Costco, and MyEyeDoctor. This offer is only valid for stores located in Massachusetts, Oklahoma, Kansas, New Mexico, Nevada, New Hampshire, Maine, and Vermont.
Referral Submission Requirements: To be eligible for the referral reward: The Referred Store must complete the designated referral forms provided by Pair Eyewear - Become A Partner Form https://retail.paireyewear.com/pages/become-a-partner The DTC customer first name, last name, and email address has to be included for the referral to be valid. If the name or email address is misspelled, referal will not be given. Incomplete or unverified submissions will not be eligible for rewards.
Reward Details: The Referrer will receive a 500 Pair Points (value $50) once the Referred Store places its first wholesale order with Pair Eyewear. Referrer will be informed of referral via email February 5, 2026. Rewards will be issued via Pair Points. The Referred Store must submit the referral form on or before December 31, 2025, for the Referrer to qualify. The Referred Store must place its first order on or before January 31, 2026, for the Referrer to qualify.
Multiple Referrals: If more than one DTC customer refers the same Referred Store, only the Referrer listed on the Referred Store’s intake form will be eligible to receive the $50 reward. All other customers who submitted the same store will not be eligible for the reward.
Program Validity: Pair Eyewear reserves the right to modify, suspend, or terminate the program at any time without prior notice. Any referrals made prior to the program’s termination will be honored according to these Terms and Conditions.
Fraud and Abuse: Pair Eyewear reserves the right to disqualify any participant suspected of fraud, abuse, or violation of these Terms and Conditions, including but not limited to falsified submissions or self-referrals.
Contact Information: All questions, clarifications, or disputes regarding the Referral Program should be directed to retail_refer@paireyewear.com
Acceptance of Terms: By submitting a referral, both the Referrer and the Referred Store acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.
SECTION 22 - PAIR EYEWEAR APRIL REFUND OF THE WEEK SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
The Pair Eyewear May Refund of the Week Sweepstakes (the “Sweepstakes”) is sponsored by Pair Eyewear, Inc. (the “Sponsor”). These Official Rules form a binding contract between each person who enters the Sweepstakes (“you,” “your,” or “entrant”) and Sponsor. By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
1. SWEEPSTAKES PERIOD; WEEKLY ENTRY PERIODS
The Sweepstakes begins at 12:01 a.m. Eastern Time (“ET”) on April 20, 2026 (the “Sweepstakes Start Date”) and ends at 11:59 p.m. ET on May 3, 2026 (the “Sweepstakes End Date” and, together with the Sweepstakes Start Date, the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
The Sweepstakes Period is divided into five (5) separate weekly entry periods (each, a “Weekly Entry Period,” and collectively, the “Weekly Entry Periods”), as set out below. All dates are in 2024 unless otherwise noted.
- Weekly Entry Period 1: 12:01 a.m. ET on April 20 – 11:59 p.m. ET on April 26
- Weekly Entry Period 2: 12:00 a.m. ET on April 27 – 11:59 p.m. ET on May 3
Entries do not carry over from one Weekly Entry Period to the next. Non‑winning entries from any Weekly Entry Period will not be included in subsequent Weekly Entry Period drawings.
2. ELIGIBILITY
The Sweepstakes is open only to natural persons who, as of the Sweepstakes Start Date:
- Are legal residents of the fifty (50) United States or the District of Columbia (excluding Puerto Rico and all other U.S. territories and possessions); and
- Are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater.
Employees, independent contractors, officers, and directors of Sponsor, its parent companies, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, and any other entities directly associated with the administration of the Sweepstakes (collectively, the “Promotion Entities”), and the immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household members (people who share the same residence at least three (3) months out of the year) of any of the foregoing are not eligible to enter or win.
The Sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state, and local laws and regulations. Sponsor reserves the right to disqualify any entrant who is not eligible in accordance with these Official Rules.
3. HOW TO ENTER
A. Purchase Entry (Refund of the Week Mechanic). During the Sweepstakes Period, visit Sponsor’s website at paireyewear.com (the “Website”) and place an eligible order for prescription or non‑prescription eyeglasses, sunglasses, or other qualifying eyewear products offered by Sponsor (each, an “Eligible Purchase”). Each Eligible Purchase must be shipped to a delivery address located within the United States to qualify. Orders placed through third‑party marketplaces (including, without limitation, Amazon or TikTok Shop) or shipped outside the United States are not eligible.
For each Eligible Purchase successfully completed during a given Weekly Entry Period, you will automatically receive one (1) entry into the drawing for that Weekly Entry Period only. Orders that are cancelled, returned for a full refund, charged back, or otherwise not successfully completed as of the time of the applicable drawing will not be eligible.
Each Eligible Purchase is treated as a separate entry. Placing multiple Eligible Purchases during a Weekly Entry Period will result in multiple entries for that Weekly Entry Period, and therefore increases your chances of being selected for that Weekly Entry Period, but will not affect your odds of winning in any other Weekly Entry Period. Entries do not roll over; an Eligible Purchase placed in one Weekly Entry Period will not qualify for drawings in any other Weekly Entry Period.
B. Alternative Method of Entry (“AMOE”) – No Purchase Necessary. To enter the Sweepstakes without making a purchase, you may enter by going to this link and providing: your full name, complete mailing address, email address, and date of birth. Alternatively, you provide all the information required above on a plain 3" x 5" card and mail it in a sealed, stamped envelope to:
Pair Eyewear Refund of the Week Sweepstakes – AMOE Entry
Pair Eyewear, Inc.
44 W 28th St 15th Floor
New York, NY 10001
Each mailed entry must be mailed separately. To be eligible for a given Weekly Entry Period, your mail‑in entry must received during that Weekly Entry Period. Mechanically reproduced entries are void. Sponsor is not responsible for late, lost, damaged, misdirected, incomplete, illegible, or postage‑due mail.
C. Entry Limits. There is no limit on the number of eligible orders you may place; however, Sponsor may, in its sole discretion, disqualify any individual who attempts to use robotic, automatic, programmed, or other illicit means to generate orders or entries. There is a limit of one mail-in or write-in entry. Mail‑in entries are limited to one (1) entry per outer envelope. Any attempt by an entrant to obtain entries by using multiple or different identities, registrations, addresses, or any other methods that are not in keeping with the spirit of the Sweepstakes may result in disqualification, at Sponsor’s sole discretion. Previous Sweepstakes winners are not eligible for re-entry into future Sweepstakes.
4. PRIZES; ODDS OF WINNING
A. Weekly Prizes. For each Weekly Entry Period, three (3) winners (each, a “Weekly Winner” and collectively, the “Weekly Winners”) will be selected, as described in Section 5. Refund of the Week is a limited‑time promotional Sweepstakes in which Weekly Winners are randomly selected from all eligible entries received for the applicable Weekly Entry Period. The Prize is awarded as part of a promotional sweepstakes and does not constitute a rebate, discount, or inducement related to any clinical or medical service.
Refund Prizes (Purchase Entries). For Weekly Winners who entered via an Eligible Purchase, Sponsor will issue a refund for the full amount actually paid for the winning order, including (as applicable): (i) the cart subtotal (product price), (ii) standard shipping charges, and (iii) applicable sales tax, in each case less any discounts, promotional codes, or other offers applied at checkout (a “Refund Prize”). Any loyalty points or store credit used toward the purchase will be returned to the applicable account in accordance with Sponsor’s standard policies. Each winning order is treated separately and cannot be combined with any other order for eligibility or refund purposes.
Credit Prizes (AMOE Entries). For Weekly Winners who entered via the AMOE (mail‑in entry), Sponsor will award a digital or account credit redeemable only at Pair Eyewear in an amount equal to the average cart total (including product price, tax, and standard shipping) of all Eligible Purchases during the applicable Weekly Entry Period, as determined by Sponsor in its sole discretion (a “Credit Prize”). Credit Prizes are subject to any additional terms, conditions, and restrictions communicated by Sponsor at the time of award, which may include, without limitation, expiration dates or limitations on use.
Approximate Retail Value (“ARV”) of each Refund Prize or Credit Prize will vary depending on the amount of the winning order or the average cart total for the applicable Weekly Entry Period, but will not exceed US $250 per prize. Total ARV of all prizes available in the Sweepstakes is up to US $3,750 (assuming five (5) Weekly Entry Periods and three (3) prizes per Weekly Entry Period, each with a maximum ARV of US $250).
Refunds and Credit Prizes will generally be processed within approximately twenty‑four (24) hours after a Weekly Winner has been confirmed and verified, but actual timing may vary based on order volume, payment‑processor and financial‑institution timing, and other operational considerations.
No substitution, cash redemption, or transfer of any prize is permitted, except at Sponsor’s sole discretion.
B. Odds of Winning. The odds of winning a prize in any Weekly Entry Period depend on the total number of eligible entries received for that Weekly Entry Period.
5. WINNER SELECTION
For each Weekly Entry Period, Sponsor or its designated representative will conduct a random drawing from among all eligible entries received for that Weekly Entry Period to select ten (10) potential Weekly Winners. Drawings will be held on or about three (3) business days after the end of the applicable Weekly Entry Period (each, a “Weekly Drawing Date”). Sponsor’s decisions with respect to the drawings and all other aspects of the Sweepstakes are final and binding.
6. WINNER NOTIFICATION AND VERIFICATION
Potential Weekly Winners will be notified using the contact information (e.g., email address) associated with their entry within a reasonable time after the applicable Weekly Drawing Date. Sponsor is not responsible for any change in a participant’s contact information or for any undeliverable, blocked, or misdirected communications.
In Sponsor’s discretion, a potential Weekly Winner may be required to complete, sign, and return an Affidavit or Declaration of Eligibility, a Liability Release, and, where lawful, a Publicity Release (collectively, the “Release Documents”), and to provide any additional information or documentation reasonably requested by Sponsor (which may include tax forms). The potential Weekly Winner must respond to the initial notification and, if applicable, return all completed Release Documents within three (3) business days of the date such documents are sent by Sponsor, unless a longer period is specified in the notification.
If a potential Weekly Winner (i) cannot be contacted; (ii) fails to respond within the required time period of 30 calendar days; (iii) fails to sign and return the Release Documents (or any other requested documents) within the time period specified by Sponsor; (iv) is otherwise ineligible or not in compliance with these Official Rules; or (v) declines the prize, as determined by Sponsor in its sole discretion, the potential Weekly Winner will be disqualified and an alternate potential Weekly Winner may be selected from among all remaining eligible entries received for the applicable Weekly Entry Period, time permitting.
7. TAXES
All federal, state, and local taxes and other costs and expenses associated with acceptance and use of a prize not specified herein as being provided are the sole responsibility of each Weekly Winner. Sponsor may issue an IRS Form 1099‑MISC or other applicable tax reporting form to a Weekly Winner for the value of the prize, if required by law. Each Weekly Winner is advised to consult with a tax professional regarding the tax implications of receiving a prize.
8. GENERAL CONDITIONS
By entering the Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Participants further agree that: (i) the Sweepstakes is a promotional activity and is not intended to influence medical decision-making; and (ii) participation is independent of any eye exam, prescription issuance, or healthcare provider relationship. This Sweepstakes is intended solely as a consumer promotion.
- It is not conditioned on obtaining an eye exam or prescription.It does not provide any benefit contingent on clinical decision-making.
- It does not involve any healthcare provider referral or recommendation.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be:
- Tampering with or attempting to tamper with the entry process, any Website, or the operation of the Sweepstakes;
- Acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner; or
- Acting with intent to annoy, abuse, threaten, or harass any other person.
Sponsor further reserves the right, in its sole discretion, to cancel, suspend, or modify the Sweepstakes, or any portion thereof, if fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or for any other reason in Sponsor’s sole discretion. In such event, Sponsor may, in its sole discretion, select some or all of the remaining prizes in a manner it deems fair and appropriate from among all eligible, non‑suspect entries received for the affected Weekly Entry Period(s) prior to the action taken.
9. RELEASE AND LIMITATION OF LIABILITY
By participating in the Sweepstakes, you agree to release, discharge, indemnify, and hold harmless Sponsor and the Promotion Entities, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Entities”) from and against any and all claims, actions, demands, liabilities, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys’ fees and court costs) arising out of or resulting from: (i) your participation in the Sweepstakes; (ii) your breach of these Official Rules; or (iii) your acceptance, possession, use, or misuse of any prize (including any activity related thereto).
Without limiting the generality of the foregoing, the Released Entities are not responsible for: (i) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled, or damaged entries or notifications; (ii) any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (iii) failed, incomplete, garbled, or delayed computer or email transmissions; (iv) any condition caused by events beyond the control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (v) any printing, typographical, administrative, or technological errors in any materials associated with the Sweepstakes; or (vi) any injuries, losses, or damages of any kind to persons or property resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or the acceptance, possession, use, or misuse of any prize.
IN NO EVENT WILL THE RELEASED ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES OR THESE OFFICIAL RULES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF the POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) TEN U.S. DOLLARS (US $10.00) OR (B) THE ACTUAL OUT‑OF‑POCKET COSTS INCURRED BY SUCH ENTRANT IN ENTERING THE SWEEPSTAKES.
10. PUBLICITY
Except where prohibited by law, by participating in the Sweepstakes and/or accepting a prize, you grant to Sponsor and its designees the right to use your name, city and state of residence, likeness, photograph, voice, biographical information, and statements about the Sweepstakes, in any and all media now known or hereafter devised, worldwide and in perpetuity, for advertising, promotional, and other purposes, without additional notice, review, approval, or compensation.
11. PRIVACY
Information collected from entrants in connection with the Sweepstakes is subject to Sponsor’s Privacy Policy, which is available at https://paireyewear.com/policies/privacy-policy. By entering the Sweepstakes, you acknowledge that you have reviewed Sponsor’s Privacy Policy and consent to Sponsor’s collection, use, and disclosure of your personal information for the purposes of administering the Sweepstakes and for any additional purposes described in the Privacy Policy, subject to applicable law.
12. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You and Sponsor agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules, the Sweepstakes, your participation in the Sweepstakes, any prize, or any advertising or other communications relating to the Sweepstakes, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify. You acknowledge and agree that, by entering the Sweepstakes, you and Sponsor are each waiving the right to a trial by jury and the right to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
A. Agreement to Arbitrate. You and Sponsor agree that any dispute, claim, or controversy between you and Sponsor arising out of or relating to these Official Rules, the Sweepstakes, or any prize (including the interpretation, breach, termination, or validity thereof) (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. 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 SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE IN WRITING, 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. 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. Sponsor is committed to resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing hello@paireyewear.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other party, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to: Pair Eyewear, Inc., 44 W. 28th St., Floor 15, New York, NY 10001 (the “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 Sponsor and you do not resolve the Dispute within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
D. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association (“AAA”), including, as applicable, the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available at http://www.adr.org or by calling the AAA at 1‑800‑778‑7879. 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, to the extent permitted by the AAA Rules. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, without limitation, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator may award the same damages and relief on an individual basis that a court can award under these Official Rules and applicable law. The arbitrator’s decision and award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, with due consideration given to the parties’ ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the location shall be determined by the AAA. If your claim is for US $10,000 or less, 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 or video hearing, or by an in‑person hearing, as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.
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. If the value of the relief sought is US $75,000 or less, at your request Sponsor will pay all Arbitration Fees. If the value of the relief sought is more than US $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees, or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost‑prohibitive. Finally, if the value of the relief sought is US $75,000 or less, Sponsor will pay reasonable attorneys’ fees, if any, that you are entitled to recover under applicable law should you prevail in the arbitration. Sponsor will not seek attorneys’ fees or costs from you in arbitration. If you initiate an arbitration in which you seek more than US $75,000 in relief, the 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, except as may be required by applicable law or for purposes of enforcement of the arbitration award.
G. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement, other than Section 12(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 shall be enforceable as so modified. If a court decides that any of the provisions of Section 12(B) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. In that event, the parties agree that the exclusive jurisdiction and venue described in Section 13 below will govern any action arising out of or related to these Official Rules or the Sweepstakes.
13. GOVERNING LAW; JURISDICTION
These Official Rules and the Sweepstakes are governed by and shall be construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Subject to the Arbitration Agreement in Section 12, you agree that any action at law or in equity arising out of or relating to these Official Rules or the Sweepstakes shall be filed only in the state and federal courts located in New Castle County, Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. WINNER LIST
To obtain the first name, last initial, city, and state of the Weekly Winners after the conclusion of the Sweepstakes Period, send a separate, self‑addressed, stamped envelope marked “Pair Eyewear Refund of the Week Sweepstakes – Winner List” to: Pair Eyewear, Inc., 44 W. 28th St 15th Floor, New York, NY 10001. Requests for the Winner list must be received no later than ninety (90) days after the Sweepstakes End Date (residents of Vermont and Washington need not include return postage).
15. SPONSOR
The Sweepstakes is sponsored by:
Pair Eyewear, Inc.
44 W. 28th St 15th Floor
New York, NY 10001
NOTICE: Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or applicable criminal and/or civil law.