FWRD Yeezy Reservations Terms and Conditions

This reservation system is for the purchase of one (1) pair of Adidas Yeezy Boost 350 V2 in Citrin ("Yeezy Shoes"). The reservation system will be open from September 24, 2019 at 12:00 pm Pacific Time ("PT") to September 25, 2019 at 12:00 pm PT ("Reservation Period"). Forward By Elyse Walker, LLC ("FWRD")'s computer is the official time-keeping device and FWRD shall determine timeliness of entries in its sole discretion. Proof of submission does not constitute proof of receipt.

You ("Entrant") will receive an email notifying Entrant of Entrant's opportunity to make a reservation ("Reservation Email") for a pair of Yeezy Shoes. To make a reservation Entrant must click on the 'Reserve Now' button in the Reservation Email and submit the following information: (i) the full name associated with Entrant's FWRD.com account; and (ii) the email address associated with Entrant's FWRD.com account; and (iii) Entrant's desired size for the Yeezy Shoes that Entrant wish to purchase ("Reservation Entry").

Reservation Entries received after the Reservation Period are ineligible. One (1) Reservation Entry is allowed per natural person during each Reservation Period. One opportunity to purchase will be assigned to each Reservation Entry received during the Reservation Period ("Opportunity To Purchase"). Opportunities to Purchase will be assigned on a first come, first served basis in the order that Reservation Entries are received, while supplies last. FWRD will begin to notify Entrants of their Opportunity To Purchase via the email provided in the Reservation Entry ("Notification") commencing September 25, 2019 at 12:00 pm PT. Entrant will have twenty four (24) hours from the time that FWRD sends Entrant Notification ("Purchase Period") to complete their purchase of the Yeezy Shoes. Failure to timely exercise the Opportunity To Purchase will result in forfeiture of the Opportunity to Purchase. FWRD will send out subsequent rounds of email Notifications on each successive day (every twenty four (24) hours) after the initial Purchase Period expires. Entrant's Reservation Entry shall be subject to FWRD's Terms of Service and Privacy Policy.

In the event of a dispute over the identity of the Entrant, the Opportunity to Purchase will be deemed made by the authorized account holder of the email address that was provided in the Reservation Entry at the time the Reservation Entry was made. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. FWRD will disqualify anyone suspected of attempting to circumvent the one entry per person rule by entering under multiple email accounts or any other means. An Entrant may be required to provide FWRD with proof that they are the authorized account holder of the email address associated with the Reservation Entry and that all eligibility requirements are met. If a dispute cannot be resolved to FWRD's satisfaction, the affected Reservation Entry will be deemed ineligible.

FWRD further reserves the right to (i) permanently disqualify any Entrant FWRD believes has attempted to violated these terms or engages in cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or FWRD's representatives; (ii) suspend, modify or terminate the FWRD Yeezy Reservation system if FWRD believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of FWRD is impairing or will impair the administration, security, fairness, or integrity of the Yeezy Reservation system or the FWRD.com website; or (iii) seek damages and pursue all other remedies against any such individual to the fullest extent permitted by law. If, for any reason, the FWRD Yeezy Reservation system is not capable of running as planned (including, without limitation, due to a force majeure event or any unanticipated occurrence that is not fully addressed in these terms), FWRD reserves the right to cancel, modify, or suspend the FWRD Yeezy Reservation system or any element thereof. FWRD's failure to enforce any term of these terms shall not constitute a waiver of that provision. If any portion of these terms should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these terms to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.

All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of the Entrant and Fwrd in connection with the FWRD Yeezy reservations, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. By making a Reservation Entry, Entrant agrees that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the FWRD Yeezy reservations, or any award awarded, will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, (if any), not to exceed two hundred fifty dollars ($250.00), but in no event will attorneys' fees be awarded or recoverable; and (3) except where prohibited, under no circumstances will any Entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits, and/or any rights to have damages multiplied or otherwise increased.

Except where prohibited, each person who participates in the FWRD Yeezy reservation irrevocably agrees that such dispute(s) will be resolved solely by binding arbitration before a sole arbitrator, with experience in advertising or promotion and entertainment law, under the rules and regulations of the American Arbitration Association ("AAA"); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under FWRD Yeezy Reservation through arbitration, FWRD may (1) seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these terms and conditions; (2) bring an action in court to protect and interpret FWRD's intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with applicable jurisdiction. The arbitration will be held in Los Angeles, California. The arbitrator will apply the substantive laws of the State Of California, will issue a written decision and will have the power to award any legal remedies except as limited by these terms and conditions. The parties will split the arbitrator's fee; provided, however, if applicable law requires sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, FWRD shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the FWRD Yeezy reservation. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.