Terms of Service

These Terms of Service were last reviewed and modified as of 5 May 2021.

Welcome to Sneakerdraws a groundbreaking way of organizing, participating, and most important winning in sneaker drawings.

Please read these Terms of Service (the "Terms") carefully before using the services (as defined below) offered by Buseedo SAS (the creators of Sneakerdraws).

This text explains the terms by which you may use our online and mobile services, website sneakerdraws.com, and software provided on or in connection with the service (collectively the "Services"). By accessing or using these Services, you acknowledge and agree to these Terms and the Privacy Policy of Sneakerdraws. These Terms apply to all users of these Services. If you do not agree to these Terms, please do not use these Services.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.


Registration and Your Personal Information
If you want to use these Services you have to sign up for our platform, newsletter (optional), and if you want a bit more you can pay for the "ELITE" subscription (optional, no purchases necessary to use Sneakerdraws). Then you gain access to our website and mobile application. We may use certain personal information such as Name, Surname, Phone number, email, delivery address, and in (some cases) National ID number to prevent "bot" (robotic) entries in order to give real people real chances.


Sneakerdraws Services
We created Sneakerdraws during the spring of 2020 and publicly released it in Aug 2020, which means you're one of the very first users reading this and going to use the app. We strive to create the best shopping experience, so we are committed to continuous improvement. So it may not represent all features described in promo materials, such as videos, pictures, and/or text advertisements, and meet your certain expectations from the very beginning.
We, at Sneakerdraws, do not currently handle shipping so we're not responsible for any deliveries and issues connected to this.
We use email newsletters, mobile app, and website to deliver information about sneaker launches and other offerings. Users can choose the way how to stay up to date with the latest news.


Rights to these Services
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to access these Services on your mobile device to access and use the application and the website, only in connection with the Services. Except as expressly and unambiguously granted herein, no right or license is granted. All suspicious actions with the use of any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic devices, or programs, algorithms or methodologies having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. actions will be investigated and may cause immediate agreement termination with any user.


User Feedback
We welcome feedback, comments, and suggestions for improvements to these Services ("Feedback"), but you should understand that we may use your Feedback without any obligation to compensate you for them (just as you have no obligation to offer them) or may never use anything of what you've suggested.


Our Proprietary Rights
These Services and all materials therein, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks (the "Sneakerdraws Content"), and all intellectual property rights related thereto, are the exclusive property. You acknowledge that applicable copyright, trademark, and other laws protect these Services and Sneakerdraws Content. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Sneakerdraws Content solely in connection with your permitted use of these Services and solely for your personal and non-commercial purposes. Use of these Services and Sneakerdraws Content for any purpose not expressly permitted by these Terms is strictly prohibited. Images of sneakers used for product launches on Sneakerdraws.com are the intellectual property of the mentioned in a product description creators/companies.

General Drawing Rules
The rules have been moved to the dedicated page.

Fees & Plans
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service) without notification, provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.

No refunds are offered for paid subscription fees or any other fees collected by the Service if the user with the paid plan had participated in drawings at least ONE time.

Access to paid features may be provided with a delay of up to 5 business days.

Paid subscriptions DO NOT guarantee that you will win a chance to purchase any particular release. The "ELITE" subscription only improves your chance to get a win during the validity period of your membership (3-mo or 1 year).

Free shipping is only available for paid subscribers. You're eligible for this perk if only the partnering store offers shipping for the particular release you've signed up for.
Please note: the stores located in the EMEA cannot send any goods to the countries outside of the EMEA. So the store won't be able to send you the shoes even though you've paid for the subscription if you're not in the same economic areas.
Additional shipping restrictions can be set by retailers and have the highest priority.
If the store says: "this release is for FRANCE only" – free shipping is only available if you're an "ELITE" member located in France. It means we won't be able to send you the shoes if you're a paying subscriber from Germany or any other country. In this case, your win will be voided and given away to another participant.

Special releases & re-draws availability is limited and we DO NOT guarantee that these events will be available all the time and may happen during the validity period of users' subscriptions. All of these events are agreed with participating retailers, so they are in control of the frequency of these events and the eligible stock.

x10 chance to win DOES NOT guarantee that user 100% wins any of the drawings during the validity period of his/hers/Xs "ELITE" plan, but it increases one's chance to be among the winners drastically. We use the unique algorithm to sort, filter & select the winners and this algorithm is based on a myriad of different points such as the stock at the selected store, the number of eligible participants per given size, the drawing history of all the participants, the user's personal drawing history and etc., which is our "secret sauce" and we do not disclose this information to anyone. However, we can tell a bit more about how it works: this "x10 chance to win" is applied to your entry at the winners' selection stage after virtually separating the stock, so our algorithm can identify all of the paying users and put them in a separate pool to make sure that both paid & free users can get their hands on the participating item(s). The "x10 chance to win" is said in comparison with regular/free users' chance, so first of all, we calculate the basic probability of winning for the regular users. Please note, we CANNOT guarantee that it's the exact "x10 chance to win" all the time, which means this multiplication varies depending on the drawing data we collected for a given release, but we do our best to meet "x10" criteria all the time frequently update & improve the winner picking script.

Discord community & beta access are the features that have been available to the paid subscribers. We're deprecating both of them from 10 May 2021 and invite all of the users from Discord to join our product update telegram channel to stay in the know. Here's the access link.

Safety
We have the right to monitor the use of and access to these Services for the purpose of operating these Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We can remove or temporarily ban any account at any time and without notice if we believe that it violates these Terms or our Privacy Policy.

Indemnity

INDEMNIFICATION & LIMITATION OF LIABILITY TO APPLE INC.

The promotions, products, and services offered as part of this Application are operated independently of Apple Inc. and are in no way associated with, endorsed by, or affiliated with Apple Inc.

You will indemnify and hold harmless Sneakerdraws and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, costs and expenses, and losses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your use of or access to these Services; (ii) your violation of these Terms.

Warranty Disclaimers and Limitation of Liability
WE WILL TRY TO KEEP Sneakerdraws UP AND RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT Sneakerdraws WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR THAT Sneakerdraws WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Sneakerdraws DOES NOT WARRANT THAT THE SERVICE WILL MEET BUSINESS'S REQUIREMENTS OR RESULT IN ANY OUTCOME, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, Sneakerdraws HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, In no event shall Sneakerdraws BE LIABLE CONCERNING THE SUBJECT MATTER OF this agreement, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICE, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, AND TRADING AND INVESTMENT LOSSES, OR (D) damages, IN THE AGGREGATE, in excess of the greater of $1000 or the fees paid by User hereunder in the SIX (6) MONTHS preceding the applicable claim, EVEN IF Sneakerdraws HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. PLEASE NOTICE, THAT WE DO NOT GUARANTEE AN EMPLOYMENT NEITHER IN NORTH AMERICA (USA/CANADA) NOR IN EUROPE OR ASIA. ALL FEEDBACK, TIPS & ADVICE PROVIDED VIA Sneakerdraws Services SHOULD BE CONSIDERED AS RECOMMENDATIONS ONLY. IF THE USER WINS IN THE DRAWING WE DO NOT GUARANTEE THAT THE USER GETS THE ITEM. ALL QUESTIONS REGARDING ORDER FULFILLMENT (INCL SHIPPING, DELIVERY & REFUNDS) MUST BE ADDRESSED TO PARTICIPATING PARTNERING STORES.


General Terms
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. We may, in our sole discretion, modify these Terms at any time, and it is your responsibility to review these Terms for any changes. Your continued use of these Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms or any future Terms of Use, do not use, access, or continue to access these Services. You may not assign or transfer these Terms without Sneakerdraws' prior written consent. Sneakerdraws may freely assign or transfer these Terms without restriction. Any notices or other communications provided by Sneakerdraws under these Terms, including those regarding modifications to these Terms, will be posted to these Services.

Please note, that USERS do not purchase products (sneakers, clothing and etc.) from Sneakerdraws, and are not charged for the products in the app or the website.

All drawing winners using Sneakerdraws are purchasing directly from the participating retailer and must be paid for in-store on release day.

Sneakerdraws is strictly a reservation service and is not responsible for the fulfillment of the participating retailer. Any complaints regarding discrepancies or irregularities with the purchase must be addressed to the participating retailer.

All drawing wins that came through the Services are subject to Sneakerdraws' acceptance & confirmation. Sneakerdraws and/or partnering retailer may refuse to accept or may void any winning entry, whether or not the W has been confirmed, for any or no reason, and without liability to you or anyone else.


Contact Information

If you have any questions about these Terms and Services, please contact us at
info@sneakerdraws.com or send us a letter to our business address:
BUSEEDO SAS
1 boulevard Victor, 75015, Paris, France.
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