Terms & Conditions

These terms and conditions ("these Terms") apply to the website at www.elasive.com. ("Site"). By accessing the Site you agree to be bound by these Terms. Please read these Terms carefully. We recommend that you store these Terms in your computer or other device, or print them off, for future reference.

  1. About Us

    Our service ("Service") is described on the Site at www.elasive.com/how-to-play. We reserve the right to change the Service from time to time and to withdraw any features of the Service without giving notice.

  2. Our Service

    Our service ("Service") is described on the Site at www.elasive.com/how-to-play. We reserve the right to change the Service from time to time and to withdraw any features of the Service without giving notice.

    To use the Service you must be 18 years of age or old and you must register with the Site. You may only use the Service for your personal, non-commercial purposes.

  3. Privacy Policy

    For the purposes of registration, we gather data and certain other information about you, which is subject to our privacy policy, a copy of which is available at www.elasive.com/privacy (“Privacy Policy”). By using the Site and the Service, you are agreeing to be bound by our Privacy Policy.

  4. Use of the site

    You may access the Elasive Site only for your own personal use. You must not use any content of the website for any commercial or illegal purpose, or re-sell the Service.

    In particular, you may not use the Site for any of the following purposes:

    • disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;
    • transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
    • interfering with any other person’s use or enjoyment of the Site; or
    • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

    The availability of the Service does not constitute an offer, solicitation or invitation by us for the use of the Service in any jurisdictions in which such use is prohibited by law. Elasive shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Service.

    In the event that you are found to have breached any of the terms in this clause

    • we may cancel any Prize Competition (as defined in clause below) that you have entered;
    • you will be responsible for any losses and costs resulting from your breach;
    • we shall not be obliged to provide any prize which might otherwise have been payable in respect of any Prize Competition (as defined in clause below) entered; and
    • we may refer the matter to the police, your guardians or family members, and/or any appropriate regulatory authority.

  5. Cancellation, suspension and termination

    We reserve the right to suspend your use of the Service at any time for operational, regulatory, legal or other reasons.

    We may terminate your use of the Service with immediate effect if you breach any of these Terms.

  6. Service Access

    While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period.

    Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

    Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.

    You are responsible for obtaining internet access to the Site from where you are in order to use the Service. We cannot be held responsible for your failure to access the Site or use the Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service are your responsibility.

    Owing to the nature of the internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service.

    We do not guarantee that the Service will be compatible with your computer. While we try to provide the Service using all reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Service.

  7. Disclaimer of Liability

    We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which we cannot lawfully exclude or limit.

    We will not have any liability arising out of or in connection with the Service or the Site for:

    any business losses (such as loss of profits, business, contracts or goodwill); or

    any delay in performance of the Service or any other matters due to any events outside our reasonable control; or

    any unforeseeable losses or damages.

    We will have no liability arising from any link being placed on the Site to another website which we are not responsible for.

    Nothing in these Terms will exclude or limit any of your rights under law as a consumer.

  8. Disclaimer of Liability

    All intellectual property rights in any content of the Site are owned by or licensed to Elasive. No intellectual property right in any content of the Site is intended to, and it shall not be deemed to, transfer to any person who accesses the Site.

    Elasive may at its own discretion and without giving notice alter, remove or suspend any part of the Site and any content of the Site. In no event will Elasive be liable for any loss or damage arising as a result of modifications made to the Site.

  9. Prize Competitions

    The following rules together with any relevant additional terms made available to you ("Competition Rules") apply to any “Find the Ball” competition, prize draw or other contest run on the Site ("Prize Competition").

    By participating in any Prize Competition, you agree to be bound by the Competition Rules.

    A prize competition such as a Prize Competition on the Site is one where success depends on the exercise of skill, judgment or knowledge by the participants and does not, as it does in a lottery, rely wholly on chance. Prize Competitions are skill-based games and accordingly are not regulated by the Gambling Commission or any other gambling authority. Any prizes are given in accordance with these Terms.

    Any Prize Competition is open to participants aged 18 or over only.

    Each Prize Competition is considered an independent transaction, the payment for which will be taken at the time of play. Once the games has been played and an answer has been given, a refund cannot be obtained unless in accordance with these terms.

    All Prize Competitions will be judged based upon a pre-determined winning location on the photo which is agreed upon by 3 independent parties as the wining location. The entrant who exercises the greatest degree of skill in selecting the correct position of the ball will be the winner.

    Any prize presented by Elasive in respect of a Prize Competition (“Prize”) is non-transferable. Arrangements for the fulfilment of any Prize will be made by Elasive.

    We reserve the right at our discretion to substitute any Prize with a prize of comparable value.

    The images of the Prizes on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

    By submitting an entry to any Prize Competition, you expressly permit Elasive to identify your entry and you as the contributor of your entry in any publication in any form, media or technology now known or later developed, unless you otherwise notify Elasive in writing at the time you submit your entry.

    If you win a Prize Competition, in order to be eligible for the Prize you must provide evidence of your eligibility, complete any legal documents that are required by us and return them to us within three working days of receipt from us.

    By submitting an entry to any Prize Competition:

    • you grant Elasive the right to use your name and likeness for advertising and publicity purposes without additional compensation; and

    • you agree to participate in any reasonable promotional activities requested by Ealsive or the sponsor of the Prize Competition.

    • If you do not comply with the requirements for a winner of a Prize Competition (“Winner”) outlined above, you may be disqualified as a Winner and an alternative Winner may be selected.

    • Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the description of the Prize.

    • Elasive reserves the right to implement such age requirements or other eligibility criteria for entry into Prize Competitions as it considers appropriate.

    • Prize Competitions are not open to Elasive employees or employees of its affiliated companies and subsidiaries, nor to any sponsors of the Prize Competition, or the immediate families of such employees or sponsors.

    • Winner(s) will be notified by email as soon as possible after the Prize Competition draw or Prize Competition decision.

    • Please note that you are solely responsible for ensuring your entry to any Prize Competition is submitted to Elasive. Elasive will not be responsible for transmission errors for email entries or for any other error affecting the receipt by Elasive of entries to a Prize Competition.

    • We are constantly updating our offerings of products and services on the Site. The products or services available on our Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

    • Each sneaker has its own timer which may or may not be shown to players at our discretion. It also has a Find the Ball game. Once the timer is over and that all tickets have been sold, the winner will be announced. However, if the timer is over but all the tickets have not been sold, then the timer will reset for the same original period.

      If all of the tickets have not sold after the first extended time period, a 7 day extension will be added up to a maximum of 4 times.

      If all tickets have not been sold after 4 extensions of 7 days, a cash alternative prize of 70% of tickets sales will be awarded to the winner instead of the prize.

    • If the winner fails to claim his/her prize during the week following the announcement and after Elasive tried to contact him/her, the winner can only claim 50% of the prize’s value in cash. If he/she fails to claim the prize after 3 months, he/she can only claim 30% of the prize’s value in cash.

  10. Prizes

    The Prize Competition relating to each Prize is specific to the Prize advertised at time of play. A Winner cannot claim a Prize relating to another Prize Competition. When buying tickets for a specific Prize Competition, you understand that you can only claim the Prize relating to that Prize Competition. Any value that may be estimated for each Prize on the Elasive website is an estimate based on the StockX market price of the Prize and can vary.

    Subject to these Terms, the Prize will be delivered in the winner’s country of residence with VAT and with shipping costs paid. However, where Elasive cannot buy the product within the Winner’s country of residence, the Prize may be bought in another country in which it is available and all the added costs (including but not limited to: VAT, taxes, import duties, registration costs due in the destination or country of final registration, etc) are the responsibility of the winner.

    If the Winner is unwilling to take full responsibility for any taxes payable in respect of the Prize or Elasive is unable to have the Prize delivered to the Winner, instead of the prize Elasive may provide the Winner with an alternative consisting of cash in the sum of 50% of the value of the relevant Prize (“Cash Alternative”), subject to any local laws and all added costs (including taxes and or duties).

    If the Cash Alternative is not available in respect of a particular Prize, Elasive will display this at the time of play.

    Elasive reserves the right to provide a Winner with an alternative prize (“Alternative Prize”), whether in cash or otherwise. Any such Alternative Prize shall be worth the full value of all the net proceeds that Elasive has raised in respect of the relevant Prize Competition.

    Elasive will not be held responsible if a Prize has been shipped/delivered with a third party and has been damaged during the shipping process or during the time of the delivery. Any damages can be sought out via the third party or courier.

    All Prizes provided by Elasive are under the terms and conditions of the dealership/provider.

    Elasive is not responsible for the fees related to any money transfer relating to the payment of the Cash Alternative or Alternative Prize and any such fees will be withdrawn from the Cash Alternative or Alternative Prize. Please note that all further costs such as servicing and insurance will not be included in the Cash Alternative or Alternative Prize.

    If the Winner fails to accept delivery of the Prize within three Business Days of Elasive notifying the Winner that the Prize is ready, then:

    • delivery of the Goods shall be deemed to have been completed at 9.00 am GMT on the third Business Day after the day on which Elasive notified the Winner that the Prize was ready; and

    • Elasive shall store the Prize until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

    Elasive reserves the right not to deliver Prizes to certain countries.

    Elasive reserves the right to choose the date of delivery of any Prize.

    Elasive reserves the right to obtain the prize through a third party before supplying it to the winner. This will be done as quickly as possible but Elasive is not liable for any delays that take place. We do not guarantee that the winner will receive the Prize within 30 days.

    The winner reserves the right to cancel their Prize at any time which will result in a winning payout equivalent to 50% of the StockX market value at that time. They will be paid via PayPal and be responsible for all associated transfer fees.

    We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

  11. Notices

    Unless otherwise stated in these Terms, all notices from you to us must be in writing (including email, but not other forms of electronic communication) and sent to hello@elasive.com or the companies registered office. All notices from us to you will be sent by email to the email address you have supplied.

  12. Applicable law and jurisdiction

    These Terms are subject to the laws of England and Wales, and the courts of England and Wales will have jurisdiction in respect of any dispute arising from these Terms, but that does not affect any legal rights you may have as a consumer under the law of any other part of the United Kingdom, or any other EU member state, where you live, or any right you may have to take legal proceedings there.

  13. Complaints and arbitration

    Please see the After-sales page www.elasive.com/contact of our Site for after sales assistance, and for our complaints handling policy.

    If you have a complaint that we are unable to resolve with you, you may wish to pursue your complaint via an Alternative Dispute Resolution (ADR) service. The European Union’s online dispute resolute (ODR) platform (http://ec.europa.eu/odr) can be used for resolving complaints relating to online sales.

  14. Contact details

    If you require further information about Elasive, our group companies, or any content on the Site, please contact us at hello@elasive.com

  15. Disclaimer

    Some pictures and content that are displayed on the website www.elasive.com are not Elasive’s property and do not belong to the company. Elasive's made all efforts to give credits to original owners and content creators of such property.

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