Terms of Service
Use of the Website.
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site. We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Loot Crate™ has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Loot Crate™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You may receive emails regarding your account or promotions for special offers, including third party offers.
Children & Data Collection.
This Site is not targeted towards individuals who have not reached their age of majority for your geographical area. The age of which an individual is no longer considered a minor varies from country to country. If you are unsure what the age of majority is for your country, please check with an adult to find out if you may still be considered a minor. Loot Crate understands that a minor may still try to contact Loot Crate and in so doing may voluntarily provide Loot Crate with personal information. If you are a minor under the age of majority, PLEASE DO NOT submit any personal information about yourself on this Site WITHOUT GETTING PERMISSION FROM YOUR PARENT(S) OR GUARDIAN(S) FIRST. Children's privacy is very important to Loot Crate. Loot Crate adheres to the United States Children's Online Privacy Protection Act ("COPPA"), a United States Federal Law. The Federal Trade Commission ("FTC") has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting personal information form, children under thirteen (13) years of age. COPPA explains what a website operator must include in its Privacy Statement and what responsibilities a website operator has to protect children's privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age. It also requires that the operator inform parents and/or legal guardians how the personal information is collected, used and disclosed from children under thirty (13) years of age, as well as how to obtain verifiable consent from a parent/guardian in order for children to use certain features of a website. Loot Crate will not knowingly allow anyone under thirteen (13) years of age to provide us with any personal information about themselves (such as their name, email address and phone number) over the Internet. If a child has provided Loot Crate with personal information without the consent of a parent or guardian, we ask the parent/guardian of that child to contact Loot Crate's Customer Support team immediately at firstname.lastname@example.org. Loot Crate will use all reasonable efforts to promptly delete the child's personal information from our servers.
Registration and Membership.
Monthly crates for Sports Crate® subscriptions and other subscription crates offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Help Center for further details.
Billing and Payments.
Refunds for returns will be limited to the product price only and will not include shipping and handling costs incurred at the time of purchase.
Your Subscription Contract.
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT SPORTSCRATE.COM OR EMAIL SUPPORT AT WELOVEYOU@SPORTSCRATE.COM. ALL SUBSCRIPTIONS IN THE CASE OF SPORTS CRATE® WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 19TH OF THE FOLLOWING SUBSCRIPTION PERIOD. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. LOOT CRATE™ MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Product Information; Limitation on Quantities.
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss.
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Loot Crate™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Loot Crate™. Copyright 2012, 2013, 2014, 2015 Loot Crate. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of Loot Crate™ on the Site are trademarks or registered trademarks of Loot Crate™, or of their respective owners.
User Generated Content.
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Loot Crate™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Loot Crate™. You acknowledge and agree that you are solely responsible for all the user data that you make available through Loot Crate™. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Loot Crate™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Loot Crate™ use of your uploaded data (or any portion thereof) on, through or by the means of Loot Crate™ will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as "as is" and "as available" basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Loot Crate™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Loot Crate™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. Loot Crate™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability.
Neither Loot Crate™ nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Loot Crate™ has been advised of the possibility of such damages. In no event will Loot Crate's™ liability to you exceed the amounts that you paid to Loot Crate™ in connection with your Loot Crate™ membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Loot Crate™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Loot Crate™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Loot Crate™ shall immediately issue a credit to your credit card account in the amount of the charge. Loot Crate™ has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Loot Crate™ without notice at any time, for any reason. Loot Crate™ reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
Arbitration Agreement and Class Action Waiver.
Sports Crate StubHub Gift Card Giveaway Rules.
The Sports Crate® StubHub Gift Card Giveaway (the “Sweepstakes”) is sponsored by Loot Crate, Inc., at 3401 Pasadena Ave, Los Angeles, CA 90031 (“Loot Crate” or “Sponsor”). Eligibility. No Purchase Necessary to Enter or Win. Sweepstakes open to permanent, legal residents of the 50 United States (excluding Rhode Island) who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry. Officers, directors, agents, and employees of Sponsor, its subsidiaries, affiliates, and advertising and promotion agencies, MLB Entities (“MLB Entities” shall mean the Office of the Commissioner of Baseball “BOC”, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM” or “MLB.com”), Major League Baseball Properties, Inc., BAMTech, LLC, The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities), and any other entity involved in the development or administration of this Sweepstakes, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes. All applicable federal, state, and local laws and regulations apply. __ Void in Rhode Island and where prohibited by law.__ Duration.
The Sweepstakes entry period begins at 12:01am Eastern Time (“ET”) on December 21, 2018, and ends at 11:59 p.m. ET on January 4, 2019 (the “Sweepstakes Period”). How to Enter.
How To Enter: Anyone subscribed to Sports Crate® is automatically entered, no entry necessary.
Drawings, Winner Selection, and Notification. There will be one drawing for all three gift cards on or around January 4, 2019 ("Drawing Date"). Sponsor (Sports Crate®) will notify potential winner(s) via the email provided at the time of registration and give written instructions on how to claim the prize. Sponsor may, at its sole discretion, make one (1) additional attempt to notify a potential winner (via the email address provided at registration) within three (3) days after the first notification. Sponsor and MLB Entities are not responsible for undelivered emails, whether due to entrant error, technical error, Sponsor error, or other issue. Once a potential winner has responded to Sponsor via email according to the written instructions provided and has been deemed an official winner, then Sponsor will provide winner with the specific guidelines as to how the winner must claim the prize. Potential winner(s) who either fail to follow the instructions for claiming a prize or to respond to Sponsor within the designated time frame will forfeit the prize. Each potential winner may be required to execute and return an affidavit of eligibility, release of liability, and IRS W-9 form, and, except where prohibited, a publicity release (collectively “Sweepstakes Documents”) within five (5) days of accepting the prize. If a potential winner cannot be reached, or (s)he is found to be ineligible or does not or cannot comply with these Official Rules, then the potential winner will be disqualified. Sponsor, at its sole discretion, may choose an alternate potential winner from among all remaining eligible Entries for the applicable Participating Club. Subject to verification of eligibility and compliance with these Official Rules, and once all required Sweepstakes Documents have been correctly completed and received from the potential winner, per these Official Rules, the potential winner shall become an official winner for the Sweepstakes. All Federal, state, and local tax liabilities related to the value of the prize awarded are the sole responsibility of each individual winner. Prizes. The prize to be awarded to each winner are outlined below: StubHub Gift Card - One (1) gift card will be awarded to (1) winner, three winners total. Approximate Retail Value (“ARV”) of prize: $150. Conditions and restrictions may apply to prizing as allowed by applicable law. Any difference between the stated approximate retail value and actual value will not be awarded. Odds of winning depend upon the total number of eligible Entries received for the applicable Participating Club. All Federal, state, and local tax liabilities related to the value of the prizes awarded are the sole responsibility of each individual winner. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a prize by a winner will be allowed. If necessary, due to unavailability of a prize for any reason, a prize of comparable or greater value may be awarded at the sole discretion of the Sponsor. Prizes may not be sold, bartered or exchanged by winners. Prizes are provided "as is" and without any warranty of any kind. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Awarding of a prize is subject to the winner’s acceptance of all requisite conditions within these Official Rules and winner’s ability and agreement to grant the rights set forth in these Official Rules. By accepting a prize, winner acknowledges compliance with these Official Rules.
Additional Terms. All Entries become the property of Sponsor and will not be acknowledged or returned. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sponsor, MLB Entities, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize; (c) if selected as a winner, to the posting of such entrant's name on Facebook, Twitter, Instagram, YouTube and/or www.sportscrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes. The MLB Entities (a) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and (b) disclaim any implied warranty. The Sweepstakes is in no way sponsored, administered, produced or executed by any MLB Entity. Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor or MLB Entities to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor and MLB Entities, or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect Entries received for the applicable Participating Club prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.sportscrate.com. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives or MLB Entities; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). DISPUTES: THE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE "ARBITRATION AGREEMENT AND CLASS ACTION WAIVER" SECTION SET FORTH SPONSOR’S TERMS OF SERVICE LOCATED AT WWW.SPORTSCRATE.COM. Winners List/Official Rules. After confirmations of winners and prizes have been claimed, winners will be announced on Loot Crate's™ social media channels and/or online at www.sportscrate.com.