Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE WILSON PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.

These Terms of Sale contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.

1.APPLICABILITY
These terms of sale (“Terms of Sale”) apply to purchases made in the United States on a Wilson family of brands: website (including, without limitation, “www.wilson.com”, “www.wilsonteamshop.com”, “www.demarini.com”, “www.slugger.com”, “www.atecsports.com”, “www.evoshield.com”, and “www.luxilon.com”), digital experience, social media platform, mobile app, or one of Wilson’s other products or services, which make up Wilson’s Platform (the “Platform”). These Terms of Sale create a legally binding agreement between you and Wilson Sporting Goods Co. (herein, "Wilson", "we" or "us" as the context may require) regarding orders placed for products available via the Platform (the “Products”).

Wilson may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Wilson’s Custom Product Terms (below), Gift Card Terms (below), Terms of Use, Cookie Policy, and Privacy Policy are incorporated herein by this reference.

With regard to your purchases on the Platform, we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these Terms of Sale give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.

Information contained in Wilson's advertising, brochures or other written materials, on Wilson web sites or given to you, is for information only and not an offer by Wilson to supply any Products.

BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF SALE.

Additional terms and conditions are required to be accepted for Employee or other Hookup purchase programs.

2. PLACING AN ORDER
Please note that we only deliver the Products within the United States.

To place an order on the Platform, you must:

You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.

If you choose to create a Wilson account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password. All information collected shall be subject to Wilson's Privacy Policy.

The Platform is intended solely for Wilson to sell the Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the Products to others (consumers, businesses or any third party). If Wilson believes you are involved in purchase for resale, Wilson reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

3. ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Products listed in your order under these Terms of Sale. All orders must be accepted by Wilson. When you submit an order on the Platform, we will send you an email acknowledging receipt of your order. Acceptance of your order and the formation of the contract between Wilson and you containing these Terms of Sale (“Contract”) will not take place until we have shipped the Products to you – we will send you an email confirming the Products have been shipped.

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract that we cancelled:

If you would like to cancel an order, please contact Wilson customer service by submitting a Contact Us form. Wilson cannot guarantee cancellation requests for all orders. In the event Wilson is unable to cancel your order, you may be able to return an item for a full refund. For more information about returning items, please refer to Wilson’s Return Policy. For cancellation of custom orders, please refer to the “Custom Products Terms” section below.

4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Wilson may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

Wilson charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the Products do not include charges for shipping and handling.

Separate charges for tax and shipping will be itemized in your shopping cart and on shipping confirmation email.

5. PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
Wilson does not guarantee the availability of any Product on the Platform. Wilson reserves the right, without liability or earlier notice, to change, discontinue or stop making or selling any Product.

We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.

In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.

Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time. If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Wilson.

Customers desiring to return or refuse delivery will be best serviced by receiving the delivery, initiating a return request by following the return instructions here.

Wilson shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, pandemic, epidemic, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters (“Events Outside Our Control”).

6. COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided on the Platform as reference when checking compatibility. In the event of a difference between the Platform content and any other Wilson (or non-Wilson) website (or any other source of information) the compatibility of Products as shown on the Platform at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.

7. PAYMENT
Payment shall be made by a credit, debit card, or other method of payment approved by Wilson. Approved method of payments (including approved credit and debit card types) are listed in the Website. You have to supply your payment details when you place your order. If you use a credit card, your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Except for custom Products, you will be charged on shipment of the ordered products. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. We recommend that you save and print your order confirmation for your potential future use.

8. TITLE TO PRODUCTS
With the exception of Products picked up at Wilson-branded stores, the title and risk of loss for Products purchased from Wilson passes to you upon our delivery to the carrier. Title and risk of loss for Products purchased online and picked up at Wilson-branded stores will pass to you upon your authorized receipt of those Products. Title to Product(s) will not transfer until full payment has been received.

9. RETURN AND REFUND, OTHER OPTIONS
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the Contract and return the items you have purchased, return the product within thirty (30) calendar days after the date of receipt of the delivery, submit a return request on Wilson.com, and correctly follow the return instructions on the return provided to you by Wilson.

If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact Wilson immediately by submitting a Contact Us form.

To initiate a return of Products purchased with a Wilson.com account, you will need to log in to your wilson.com account. Once logged in, select “RETURNS” from the left menu. in the Start a Return Section, select “Return Items.” You will then be able to select your order and follow the steps to submit your return for eligible Products. On the final return confirmation page, you will be able to print your UPS return shipping label and send the item(s) back to us.

If you placed your order as a guest, you can initiate your return through the Guest Checkout Return Form. You will need to enter your order number and email address used to place the order.

Once we have received the return and our team has verified it meets our return guidelines, your refund will be processed back to your original form of payment within 3-5 business days.

You must include all accessories, user manuals and any free gifts that came in the same package.

Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned.

Please treat the Products with care and return them in the condition that they were delivered to you.

Please use, if possible, the original delivery package or pack the Products securely and print out and place the return label on the outside of the packing used for shipping.

Replacement or refund can only be processed once we have received all the Products to be returned.

If you return Products: 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) without exercising reasonable care when taking care of and returning such Products, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.

If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting the account used to place the order thirty (30) calendar days after the date of receipt of the delivery.

Please note that Wilson will only process returns and refunds for items bought on the Platform.

10. LIMITED WARRANTY
Wilson provides a limited warranty on certain Products. Limited warranties may be found at the links below:

11. PERSONAL DATA
The Wilson Privacy Policy and additional provisions in these Terms of Sale govern the use of your personal data. Purchasing of goods via the Websites requires that you accept the Wilson privacy policy and the processing of personal data as described in the Wilson privacy policy.

12. OUR LIABILITY
These Terms of Sale set out the full extent of our obligations and liabilities in respect of the sale of our Products.

Except for the express limited warranty for the Product purchased (if any) and as prohibited by applicable New Jersey law, Wilson disclaims any implied warranty, including the warranty of merchantability or the warranty of fitness for a particular purpose. Wilson further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on Wilson’s behalf or modifications made to the Products by anyone other than Wilson or those authorized by Wilson, except as prohibited by applicable New Jersey law. Wilson further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product's intended use, except as prohibited by applicable New Jersey law. These Terms of Sale give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone.

13. GENERAL
If any provision or provisions of these Terms of Sale shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

14. GOVERNING LAW
These Terms of Sale shall be governed and construed in accordance with laws of the State of Illinois, USA.

15. Binding Arbitration AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR TRANSACTION AND/OR PURCHASE OF PRODUCT(S) FROM THE WEBSITE(S), INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF SUCH PRODUCT, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and Wilson, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Wilson will cover all additional administrative fees and expenses. Wilson waives its right to recover attorneys’ fees in connection with any arbitration under these Terms of Use. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

The dispute will be governed by the laws of the State of Illinois, USA. The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Wilson nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Wilson.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. Wilson AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

16. EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Wilson in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to Wilson at 1 Prudential Plaza, 130 E. Randolph Street, Suite 600, Chicago, IL 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.

Custom Products Terms

THE TERMS OF SALE ABOVE ARE INCORPORATED HEREIN BY THIS REFERENCE.

1. CUSTOM PRODUCT ORDERS CAN'T BE CANCELLED OR RETURNED
Each custom product is made specifically to your specifications and as a result, your orders can't be modified, cancelled or returned.

On the order review page, you will have a chance to review your design choices and make changes before you purchase. This is very important because a customized product cannot be returned, and your purchase is non-refundable. PLEASE MAKE SURE ALL INFORMATION IS CORRECT before you proceed to purchase.

If you want to make a correction or just change things up, you can do so before you purchase. While in the order review page, just click any edit button (or pencil icon) and you'll be taken back to the customize and personalize screens to make your desired changes. Once you are satisfied, remember to review your changes carefully on the REVIEW AND BUY screen because a custom product cannot be returned.

2. RETURNS
Your custom product is made to order just for you, and we cannot accept returns. The exception is if the product was made incorrectly. Please contact customer service by submitting a Contact Us form to learn more information regarding a product.

3. CUSTOM PRODUCT PERSONALIZATION GUIDELINES
We reserve the right to refuse any requested personalization for any reason, including, without limitation, any of the following reason:

In addition, on any NCAA-related custom product, the below exclusions also apply (per the NCAA):

By ordering you state your understanding and agreement that the personalization text entered is accurate and does not contain any restricted text, and that you own all rights, titles, and interest in any images or logos uploaded. Custom Products will go through an extensive quality control process. If any custom order has restricted language or names, the order will not be processed.

GIFT CARDS TERMS

THE TERMS OF SALE ABOVE ARE INCORPORATED HEREIN BY THIS REFERENCE.

Wilson Gift Cards are issued and managed by Givex USA Corporation, a Delaware corporation, and may only be applied to purchases in the United States completed on the Wilson Websites.

Please read these Gift Card Terms carefully before using a Gift Card. By using a Gift Card, you and your designated recipient, if any, agree to these Gift Card Terms and any applicable law. Do not use a Gift Card if you do not agree with these Gift Card Terms.

Wilson reserves the right to alter or modify these Gift Card Terms at any time. You agree to periodically review the Gift Card Terms and agree that your continued use of any Gift Card constitutes your consent to the latest modified Gift Card Terms.

1. GIFT CARD BALANCE.
For purposes of these Gift Card Terms, and subject to the provisions herein, a “Gift Card” shall mean an electronic payment device that, when issued, applies a specified amount of funds for use towards (i) your Wilson account balance, or (ii) if you do not have a registered Wilson account, purchases on the Wilson Website. Your “Wilson Balance” is the initial amount of your Gift Card less any purchases made using such Gift Card.

Purchases are deducted from your Wilson Balance. If a purchase exceeds your Wilson Balance, the remaining amount must be paid with another payment method.

Wilson Online Store Account.
If you have a registered Wilson account, your Wilson Balance displays the total remaining balance of all Gift Cards that have been applied to your Wilson account but not yet applied to a purchase. To view your Wilson Balance, visit My Account Summary at the Wilson.

Guest Account.
If you do not have a registered Wilson account, your Wilson Balance displays the total remaining balance of all Gift Cards associated with the purchaser’s email or the designated recipient’s email address. To view your Wilson Balance, follow the instructions provided in the receipt for the Gift Card.

2. LIMITATIONS.
Gift Cards cannot be (i) redeemed for cash (except as required by law), (ii) resold, (iii) used for payment other than on the Wilson Website, (iv) used for shipment outside of the United States, (v) used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes, including to facilitate the resale or shipment of goods from the Wilson Websites, or (vi) transferred for value.

3. RISK OF LOSS.
Wilson is not responsible for any lost or stolen Gift Cards. The risk of loss for Gift Cards passes to the purchaser upon the electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. Gift Cards may only be obtained from Wilson, and you are responsible for safeguarding your Gift Card and Wilson Balance from unauthorized use. Wilson is not responsible if any Gift Card is used without your permission. Wilson assumes no liability for any unlawful conduct or fraud by any third party associated with any Gift Card.

4. USE IN VIOLATION OF THESE GIFT CARD TERMS
By using a Gift Card, you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Wilson, its affiliates, or its customers. Wilson reserves the right, without notice to you, to void Gift Cards (including your Wilson Balance) without refund, suspend or terminate customer accounts, suspect or terminate the ability to use the Wilson Websites, cancel or limit orders, and bill alternative forms of payment if Wilson suspects that a Gift Card is obtained, used, or applied to a Wilson Online Store account (or your Wilson Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

5. LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, WILSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR WILSON BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, IN THE EVENT A GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY, AND WILSON’S SOLE LIABILITY, WILL BE THE REIMBURSEMENT OF THAT GIFT CARD FOR THE SAME AMOUNT FOR WHICH YOU PURCHASED IT.

6. MISCELLANEOUS.
These Gift Card Terms constitute the entire agreement between you and Wilson with respect to your use of the Gift Cards and supersedes all prior agreements or communications. If any provision of these Gift Card Terms is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Gift Card Terms. You agree that any notice, agreement, disclosure or other communication that Wilson sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Wilson’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wilson may assign its rights and duties under this Agreement to any party at any time without notice to you.

The Wilson Terms of Use also apply with respect to your use of the Wilson Websites. Wilson reserves the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment method, before you are able to apply a Gift Card to your account or your Wilson Balance to a purchase.

7. BALANCE EXPIRATION.
To the extent prohibited or limited by applicable law, the portion of your Wilson Balance made up of Gift Card(s) does not expire.

Limited Product Release Terms & Conditions

“Limited Product Release Events” are conducted by Wilson Sporting Goods, EvoShield, Louisville Slugger, DeMarini, ATEC, and TeamShop (“Brand” or “Brands”) with its principal place of business at 130 E Randolph St. Suite 600, Chicago IL 60601. By signing up for a Limited Product Release Event, entrants register for the opportunity to purchase the limited product specified for that Limited Product Release Event in the applicable invitation to participate and appropriate notice of the Limited Product Release Event (“Event Invitation”). These Limited Product Release Terms & Conditions (“Terms”) are made by and between the Brand and entrants. Participation in a Limited Product Release Event is subject to the details in the Event Invitation, these Terms, the Brand Terms of Use and Terms of Sale, and the Brand Privacy Policy where applicable (collectively, “Applicable Terms”). By entering a Limited Product Release Event, entrants agree to be bound by all Applicable Terms. In the event of any conflict between these Terms and the Terms of Use or Terms of Sale, these Terms will prevail. The Brands reserve the right to modify these Terms, and to cancel, modify, or suspend the Limited Product Release Events at any time.

1. ELIGIBILITY.

Participation is offered only to permanent, legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands and U.S. Military installations in foreign countries), with a valid mailing address (P.O. Box not accepted) (“United States”), of at least eighteen (18) years of age or older as of the day on which they enter. Employees of Brands, and of each of their respective parents, affiliates, subsidiaries and related companies, advertising and promotion agencies, and the immediate families (spouse, and parents, siblings and children, and each of their respective spouses regardless of residence) and household members of each, whether related or not, are not eligible. Void where prohibited.

2. TIMING.

The Limited Product Release Event Entry Period shall be provided within each Event Invitation.

3. HOW TO PARTICIPATE.

To participate in a Limited Product Release Event, entrants download the applicable Brand app or visit the applicable Brand website, create and/or log in to entrants account, and follow the instructions to register. Brand customer accounts are free. There is a limit of one (1) registration per person, per Limited Product Release. Subsequent registrations will be void. No other entry methods or forms of entry are valid. Participants may not use any device or artifice to register more than one time or as multiple registrants. Any eligible entrant who attempts to enter with multiple email addresses and/or phone numbers under multiple identities or uses any device or artifice to enter more than one time will be disqualified and forfeits any and all right to participate in any Limited Product Release Event in Brands sole discretion.

4. SELECTION.

The entry period for each Limited Product Release will start and end at the times described in the applicable Event Invitation (“Entry Period”). All entries must be submitted before the end of the Entry Period. Approximately twenty-four hours after the conclusion of the applicable Entry Period, the Brand will use an automated process to randomly select participants until applicable limited release product is sold out. All participants will have an equal chance of selection. The likelihood of selection will depend on the total number of valid entries and on the availability of applicable limited release product; supplies are limited. Entrant agrees that the Brand has made no warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any eligibility to purchase Brand product during any Limited Product Release Event. The Brands reserve the right to change the selection processes at any time prior to the start of a Limited Product Release Event.

5. NOTICE OF SELECTION.

Approximately twenty-four hours of the end of the Entry Period, selected entrants will receive a notification (via in-App notification, Brand customer account inbox, social media message, SMS, or email, as determined and indicated by the Brand) letting an entrant know the entrant was selected to purchase a limited product.

6. AGREEMENT TO PURCHASE.

The price of the limited product shall be displayed on the Event Invitation. Applicable charges for shipping, taxes, and duties will be calculated based on entrants address at time of registration. By registering, entrant agrees that if entrant is selected, the Brand can automatically charge the credit card entrant entered during registration for the full retail value of the product entrant selected, plus applicable shipping, handling, duties, and taxes. The Brands may not always be able to compute the exact amount of tax at the time entrants complete participation in the Limited Product Release Events. In these situations, taxes that appear when entrant enters the Limited Product Release Event may be estimated. The actual taxes charged to entrant’s payment method will be calculated based on the applicable state and local tax rates if and when entrant is selected to purchase the limited product, and will be reflected on the receipt emailed to selected entrant at that time. Entrant’s credit card will not be charged unless entrant is selected. Eligibility to buy any limited product is not transferable and must be accepted as awarded. There is a limit of one (1) purchase per person, per Limited Product Release Event. All available payment methods will be listed during registration. The Brands do not accept any method of payment other than those listed during registration. Entrant’s delivery address may not be changed after an order is submitted.

7. PRIVACY POLICY.

By participating in the Limited Product Release Event, entrants agree to Brand’s use and dissemination of entrant’s personal information to third parties. Such use and dissemination of such personal information shall be subject to any privacy policy of Brand then in effect, available on the Brand website.

8. ADDITIONAL TERMS.

By entering, entrants agree to (a) abide by these Terms and the decisions of the Brands which shall be final, and (b) to release, discharge and hold harmless the Brands, and its respective parents, affiliates, subsidiaries and related companies, divisions, advertising and promotion agencies and their respective employees, directors, officers and agents of the foregoing (collectively “Releasees”), from and against any/all claims, losses, injuries or damages, including death, resulting from the acceptance, use or misuse of any product, and (c) allow the Brand and/or its designees the use of a selected entrant’s name, photos and/or likeness for promotion and publicity purposes without additional compensation except where prohibited by law. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Limited Product Release Events is a violation of criminal and civil law and, should an attempt be made, the Brands reserves the right to seek damages from any such person to the fullest extent permitted by law. Limited Product Release Events are governed by laws of the State of Illinois, United States with venue in Chicago, Illinois for the resolution of all claims and disputes. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the person in whose name the credit card is registered. The offer to enter any Launch Event is void where prohibited by applicable law. The Brands also reserves the right to prevent any person from participating, as well as to seek damages from that person, if they violate Applicable Terms, attempt to cheat, or engage in any fraudulent behavior. In the event that any person violates any of the Applicable Terms, the Brands reserve the right to select an alternate participant. Selected participants’ rights may not be sold or transferred. Failure by the Brand to enforce any provision of the Applicable Terms shall not constitute a waiver of that provision

9. LIMITATIONS OF LIABILITY.

Releasees are not responsible for any late, lost, illegible, incomplete, misdirected or postage due mail/entries, or stolen entries, nor are they responsible for incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Limited Product Release; any technical or human error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access of the web site; any injury or damage to participants or to any other person’s computer(s) related to or resulting from participating in the Limited Product Release Events, or downloading materials from or use of the web site. In the event the Brands are prevented from continuing with the Limited Product Release Events as contemplated herein by any event beyond their control including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, epidemic, pandemic, or other public health crisis (e.g., COVID-19), earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Brand’s control, the Brand shall have the right to cancel, terminate, modify, suspend or extend the Limited Product Release Events and may make a selection from all eligible entries received prior to the action taken. In no event will the Brands and/or Releasees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of the Brand websites, including http://www.wilson.com, or the downloading from and/or printing material downloaded from said sites. Without limiting the foregoing, everything on the sites is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or the exclusions of liability for incidental or consequential damages, or exclusion of implied warranties so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions.

Last revised: May 6, 2024