Loungefly New York Comic-Con 2024 Terms & Conditions

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FUNKO AIRWAYS AT NEW YORK COMIC-CON 2024

EVENT ACCESS AND ADDITIONAL TERMS AND CONDITIONS

 

Important: To participate in this Event, you must agree and abide by these Terms and Conditions and all decisions of Funko, LLC (“Sponsor”), which are final and binding in all respects.

NO PURCHASE OR PAYMENT NECESSARY.

Promotion void where prohibited by law. Subject to applicable federal, state, and local laws.

    1. Eligibility: Funko Airways at New York Comic-Con 2024 (“Event”) is open only to legal residents of the 50 United States or District of Columbia or Canada who are at least 18 years old (or age of majority in their jurisdiction of residence, whichever is older) at the time of the Event.
    2. Event Access: To access the Event, visit (i) www.funko.com on October 17th, 2024 at 6:00 a.m., Pacific time or (ii) www.loungefly.com on October 17th, 2024 at 6:00 a.m., Pacific time.  Access to the event will be on a first-come, first-serve basis as managed by an automated waiting room. Depending on the volume Event traffic, Event Participants who visit www.funko.com on October 17th, 2024 starting at 6:00 a.m., Pacific time, or www.loungefly.com on October 17th, 2024 starting at 6:00 a.m., Pacific time may be placed into a waiting queue upon checkout on a first-come basis.  
    3. Event Purchase Terms: Participants in the Event may elect not to purchase any products during the Event without liability or obligation of any kind.  Any purchases of Sponsor’s products during the Event are subject to the following terms and conditions in addition to the terms and conditions set forth at https://funko.com/terms-and-conditions/terms-conditions.html:
      1. Product Availability.
        1. Multiple checkouts by a single Event participant are not allowed. If a participant attempts or completes more than one checkout transactions, any and all transactions are subject to cancellations as set forth below.
        2. Limit one (1) unit per Eligible Product per household.  Orders for multiple units of the same Eligible Product are subject to cancellation as set forth below. 
        3. Access to the Event does not guarantee the availability of any Eligible Product.  Quantities of Eligible Products are very limited, and all Eligible Products are expected to sell out. 
      2. Purchase Details, Verification and Cancellation.  All purchases of Eligible Products are subject to verification prior to processing and shipping.  Purchases may be cancelled at any time prior to shipment in the following circumstances:
        1. Sponsor determines that the purchase was the result of unauthorized access to the Event.
        2. The same purchaser attempts to complete more than one transaction.
        3. Sponsor determines multiple units of the same Eligible Product were purchased by purchasers in the same household in one or more transactions.
        4. Sponsor determines that the purchaser interfered with or undermined, or attempted to interfere with or undermine, the legitimate operation of the Promotion or the Event.
        5. Sponsor determines that a purchase was made by automated means (including purchases made using any script, macro, bot or promotional service).
        6. The purchase transaction was not completed by the scheduled end of the Event.
      3. No Returns.  Eligible Products are considered “Exclusives” for the purposes of the Company’s returns policy, available at https://funko.com/funko-returns-policy/funko-returns-policy.html.

If a purchase transaction is not completed by the end of the Event due to attempted payment for selected item(s) being rejected or for any other reason (including, by way of example only, Results Notification E-Mail being late, lost, corrupted, jumbled, garbled, delayed, destroyed, misdirected, inaccessible or otherwise irregular/defective), the opportunity to access the Event will be rescinded by Sponsor without liability of any kind.

    1. Disclaimer: Sponsor and its parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor’s or the Released Parties’ reasonable control; (c) any Event disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Event.
    2. Limitations of Liability; Releases: By accessing the Event, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Event or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE EVENT OR USE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE EVENT EXCEED THE PRICE OF ANY ELIGIBLE PRODUCTS PURCHASED BY YOU DURING THE EVENT. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED OR PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.

Persons accessing the Event further agree not to knowingly damage or cause interruption of the Event and/or prevent others from participating in the Event. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENT VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE EVENT, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

    1. Privacy: Personal information provided in conjunction with purchasing during the Event is subject to Sponsor’s Privacy Policy, available at https://funko.com/privacy-policy/privacy-policy.html.  
    2. Intellectual Property Notice: Funko® is a trademark of Funko, LLC. The Event and all accompanying materials are copyright © 2021 by Funko, LLC. All rights reserved. 
    3. Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS EVENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN SNOHOMISH COUNTY, WASHINGTON. THESE OFFICIAL TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
    4. General Conditions: Participants agree to be bound by these Official Terms and Conditions and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Terms and Conditions at any time, in its sole discretion, and to suspend or cancel the Event or any entrant's participation in the Event should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s reasonable control affect the administration, security or proper conduct of the Event, or Sponsor otherwise becomes (in its discretion) incapable of running the Event as planned. Entrants who violate these Official Terms and Conditions, violate any law, rule or regulation in connection with participation in the Event, tamper with the operation of the Event or engage in any conduct that is detrimental or unfair to Sponsor, the Event or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Event. Any attempt by an entrant or other individual to deliberately damage any website associated with the Event or undermine the legitimate operation of the Event may be in violation of criminal and civil law and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Event. Sponsor’s failure to enforce any term of these Official Terms and Conditions will not constitute a waiver of that provision. Any provision of these Official Terms and Conditions deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Terms and Conditions will remain in effect. The use of the terms “include” or “including” in these Official Terms and Conditions is illustrative and not limiting.
    5. Sponsor: Funko, LLC, 2802 Wetmore Avenue, Everett, Washington 98201.