Official Sweepstakes or Giveaway Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARYTO ENTER OR WIN A GIVEAWAY or SWEEPSTAKES EVENTBY MEMBERS OF ANY ELIGIBLE SPECIFIED GROUPS
1. General Information: For each Sweepstakes or Giveaway event (the “Sweepstakes”) exclusively for the verified privatemembers of Non-Fungible Art, Inc. (aka NFA™) specified group for which entry in that Sweepstakes event is open, as announcedpertaining to each specific Sweepstakes event, sponsored by Non-Fungible Art, Inc. (“Sponsor”), Sponsor shall post on theofficial NFA™ website at: nonfungibleart.io (or group specific NFA™-affiliated website) and/or, in Sponsor’s sole discretion, onother sponsored social media including, but not limited to, the official NFA™ Discord™ Channel, Twitter™ (or Twitter “Spaces”),Facebook™, Instagram™, or the like, (1) the specific club(s) membership group, or other specific group for which entry in thatSweepstakes event is open; (2) the exact date and time each event begins and ends (the “Promotion Period”); (3) the numberof winners (and/or guests, if applicable) to be randomly selected for each Sweepstakes event; (4) a general description of theprize(s) to be provided to a winner; and (5) the estimated ARV for each available prize. In the event of any inadvertent error orapparent discrepancy between postings on differing sites related to the same Sweepstakes event the posting on the official NFA™website at: nonfungibleart.io (or group specific NFA™-affiliated website) shall control. No purchase is necessary to enter or win, and any purchase made or previously made does not improve odds of winning. The Sweepstakes is void wherever prohibited by law, or where the Sweepstakes does not comply with applicable registration or filing requirements of any state or local jurisdiction. By entering and/or remaining entered in the Sweepstakes, you agree to these Official Rules, which are a contract, so read them carefully before either entering, remaining entered during the Promotion Period, or accepting any prize or reward. This contract includes limitations of your rights and remedies.
2. How to Enter: Sweepstakes are open only to one or more specific defined group(s) or categories of participants as announced by Sponsor for each specific Sweepstakes event, as of the end of the Promotion Period. Unless you chose to “Opt Out” (see below), your verified club(s) membership or specified group registration also serves as your automatic entry to the specified Sweepstakes event as may be offered from time to time. No purchase is necessary to enter or win, and purchase of anything does not improve odds of winning. The verified membership account holder for the specified group member’s registration (when applicable) or other form of validation will be deemed the entrant and will receive one (1) automatic entry into the Sweepstakes, subject to the eligibility restrictions below. Limit of one (1) Sweepstakes entry during the Promotion Period. Potential winners may be required to show proof that they are the verified membership account holder or registrant. The “verified account holder” or “registrant” is the natural person to whom the verifiable Discord™ Channel, social media or other group registration, any key and/or account were issued or recognized by Sponsor.
3. Eligibility: The Sweepstakes is open only to verified members of the specified group or category of participants as of the end of the Promotion Period for that event, who are 18 years or older (19 years or older in AL and NE; 21 years or older in MS) at the time of entry, subject to all applicable federal, state and local laws and regulations. The Sweepstakes is not open to (a) any principals or employees of Sponsor, any content partner of Sponsor, any prize providers, or any of their respective parent companies, subsidiaries, affiliates, or advertising or promotion agencies (such entities, collectively, the “Promotion Parties”), or (b) any such Promotion Party’s principals or employees immediate family members (e.g., spouse, parent, step-parent, sibling, step-sibling, half-sibling, child, and step-child) or any person living in the same household as such individuals. Any false or deceptive entries or acts (including, if applicable, creating or using multiple accounts with any computerized or social media tool in order to enter multiple times) by you will render all entries by you ineligible. Any use of robotic, automatic, programmed, or similar methods of entry by you will render all entries by you ineligible. Partial and incomplete membership status as of the beginning of a Promotion Period may cause an entry to be disqualified. Your entry (and any materials (including photos) that you post or submit in association with your entry or membership) may not (i) violate, misappropriate, or infringe any intellectual property, publicity, contractual, privacy, or other right of any third party or any applicable regulation, guideline, membership or community standard, (ii) contain material that is offensive, defamatory, threatening, abusive, vulgar, sexist, discriminatory or otherwise inappropriate, or (iii) promote or incite violent, dangerous or antisocial behavior.
4. Winner Selection and Notification: Upon submission, entries become the sole property of Sponsor, and none will be acknowledged or returned. Sponsor may disqualify any entry associated with a membership that is unverified, incomplete or that does not otherwise comply with these Official Rules. The winner(s) will be selected in a random drawing from among all eligible entries received. The random drawing will be conducted on or about the third (3rd ) regular U.S. business day following the official ending of the specified published Promotion Period for a particular Sweepstakes event. Odds of winning depend on the number of eligible entries received and calculated as a ratio of the final number of entrants compared to the number of winners to be selected for each Sweepstakes event. The total number of entrants shall be determined as of the end of the Promotion Period for each specific Sweepstakes event. Each winner will be notified (the “Winner Notification”) by a posted announcement on the official NFA™ website at: nonfungibleart.io (or any group specific NFA™-affiliated website), or any group specific affiliated social media channel, and/or in Sponsor’s sole discretion, by phone, email, other social media or other means if available to Sponsor, approximately seven (7) days after the drawing, using contact information provided by winner’s membership account/info, or Twitter/Discord registration (when applicable) as of the time of entry. If, for any reason, more than one bona fide winner comes forward seeking to claim a prize, Sponsor reserves the right to award only the number of prizes stated in these Official Rules via a random drawing from among all persons with bona fide claims for the prize, and inclusion in such selection process shall be your sole and exclusive remedy under such circumstances. Each winner will be required to (a) respond to the Winner Notification (as directed in the Winner Notification) within three (3) calendar days after its transmission and (b) complete, sign, have notarized, and postmark an Affidavit of Eligibility and Liability and Publicity Release (where not prohibited by law and if requested by Sponsor) within five (5) business days of its delivery to the winner. All prizes will be awarded provided that a sufficient number of eligible entries are received.
5. Description of Prize(s) and Approximate Retail Value (“ARV”): For each Sweepstakes event, Sponsor shall post on the on the official NFA™ website at: nonfungibleart.io (or group specific NFA™-affiliated website) and/or, in the Sponsors sole discretion, by other social media including, but not limited to, Discord, Twitter, Facebook, Instagram or the like, (1) the number ofwinners (and/or guests, if applicable) to be randomly selected for each Sweepstakes or Giveaway event, (2) a general descriptionof the prize to be provided to a winner, and (3) the estimated ARV for each available prize. In the event of any inadvertent erroror apparent discrepancy between postings on differing sites related to the same Sweepstakes or Giveaway event the posting on theofficial NFA™ website at: nonfungibleart.io (or group specific NFA™-affiliated website) shall control over any others.
6. General Prize Terms: The ARV of the prize(s) is based on information available to Sponsor. None of the Promotion Parties isresponsible for, and a winner will not receive the difference (if any) between, the actual value of the prize(s) at the time of the awardand the stated ARV in these Official Rules. Prizes are subject to availability and Sponsor reserves the right to substitute a prize ofequal or greater value in Sponsor’s sole discretion (which prize shall be subject to these Official Rules). Prize details not specified herein will be determined by Sponsor in Sponsor’s sole discretion. Prizes are nonrefundable, not redeemable for cash, not transferable, and no “cash” alternative is available. The prize is limited to that as specified in Section 5, above, titled “Description of Prize(s) and ARV, and all other expenses not specifically mentioned herein (including but not limited to travel to and from the departure airport and other ground transfers, personal expenses, excursions, tours, attractions, incidental expenses, room service, parking fees, laundry service, food and drink, merchandise, souvenirs, telephone calls, tips, gratuities, service charges, fees and taxes) are not included in the prize and are solely the winner’s responsibility. For any prize that is a physical item or good and for which the expense of delivering the prize to the winner exceeds Two Hundred and Fifty U.S. Dollars (USD$250.00) – all such additional or excess costs or expenses are solely the winner’s responsibility payable in advance or C.O.D. depending upon the particular delivery means selected by winner; alternatively, the winner may arrange for their own direct pick-up, or for delivery by Sponsor during regular business hours (M-F, 9am/5pm – PT) within Los Angeles County, California, USA and within a reasonable number of days (not to exceed thirty (30) days) by contacting and so informing the Sponsor within the Winner Notification period provided by these Official Rules. Any costs or expense for the Gift cards, gift certificates and tickets (including without limitation airline tickets), including but not limited to any that may be awarded by Sponsor in the event of a substitute prize, are subject to the terms and conditions specified thereon or otherwise specified by the issuer thereof. If the winner is fails to claim, is unable to Changes for Sweepstakes rules for NFA website claim, is disqualified, or elects not to accept any (or part of) part of a prize, the winner will forfeit that prize (or part thereof) and no substitute prize element or other compensation will be awarded. Any and all taxes on a prize or cash alternative are the sole responsibility of such prize winner, including, but not limited to any federal, state , or local tax, use, VAT, or “registration”/“license” fees whenever applicable (e.g., a “lowrider” vehicle prize). The ARV of any prize awarded to a winner may be reported for tax purposes as required by law, and as a condition of winning and accepting any prize, such winner must provide any additional information requested by Sponsor necessary and sufficient for Sponsor to comply with applicable tax reporting obligations or winner shall forfeit the prize. By participating in the Sweepstakes, you waive the right to assert any and all claims arising from or related to costs of verification or redemption of or travel to claim a prize and any liability or publicity that might arise from claiming or seeking to claim a prize. Additional restrictions may apply.
7. Disclaimer: None of the Promotion Parties is responsible or liable in any way for lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries; entries not received during the Promotion Period for any reason; or other errors of any kind. All prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. None of the Promotion Parties is responsible or liable for any typographical or other printing errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing or posting of the offer or these Official Rules, the selection or announcement of winners, or the distribution of any prizes. In the event that viruses, bugs, tampering, fraud, technical failures, Changes for Sweepstakes rules for NFA website unauthorized human intervention, acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or any other matter beyond Sponsor’s reasonable control (each, an “Uncontrollable Event”) prevents, corrupts, or impairs the administration, security, fairness, or proper play of the Sweepstakes such that it cannot be conducted as originally planned, Sponsor reserves the right to cancel, terminate, or suspend the Sweepstakes at any time in its sole discretion, and none of the Promotion Parties shall be responsible or liable in any manner for such Uncontrollable Event or any such cancellation, termination or suspension. In the event an Uncontrollable Event occurs prior to the announced date for winner determination, Sponsor may determine the winner(s) by conducting a random drawing from among all eligible entries received up to such time of cancellation, termination, or suspension. In the event an Uncontrollable Event interrupts, interferes with, or disrupts the provision of any prize, Sponsor may substitute a prize of equal or greater value in its sole discretion. Homieshop Properties, LLC and each of its principals, parents, affiliates, and subsidiaries are not responsible for the promotion, administration, or execution of this Sweepstakes.
8. Disqualification: Sponsor may disqualify any winner (and cause any applicable prizes to be forfeited) due to any of the following: (a) the winner fails to comply with any of the terms, conditions, restrictions, or limitations of these Official Rules (as determined by Sponsor in Sponsor’s sole discretion); (b) the winner fails to respond to the Winner Notification or any other notice (in each case as set forth in such notice) within three (3) days after its Changes for Sweepstakes rules for NFA website – cut and paste whole thing transmission; (c) the winner fails to complete, sign, have notarized, and postmark an Affidavit of Eligibility and Liability and Publicity Release (where not prohibited by law and if requested by Sponsor) within seven (7) business days of its delivery to the winner; or (d) the inability of Sponsor to contact a potential winner within seven (7) business days of the Winner announcement, or (e) the return of any Winner Notification, notice, or prize as undeliverable. In the event of disqualification of a winner or forfeiture of a prize, Sponsor may select an alternate winner in a random drawing or donate the prize to one or more of Sponsor’s social impact partners in Sponsor’s sole discretion.
9. Release and Indemnification: BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE: (A) TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND (B) TO FOREVER AND IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE PROMOTION PARTIES (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING) FROM AND AGAINST ANY AND ALL LIABILITY FOR CLAIMS, JUDGMENTS, FINES, COSTS, EXPENSES, CAUSES OF ACTION, PERSONAL INJURIES, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DEATH AND PROPERTY DAMAGE, RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (I) THE SWEEPSTAKES, PARTICIPATION (OR THE INABILITY TO PARTICIPATE) IN THE SWEEPSTAKES, OR ANY ELEMENT OR ACTIVITY THEREOF; (II) ANY PRIZE, INCLUDING ANY LIABILITY OR DAMAGE RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (1) CANCELLATIONS, DELAYS, DIVERSIONS, OR SUBSTITUTIONS, OR ANY OTHER ACT OR OMISSION WHATSOEVER, BY ANY AIRCARRIER OR OTHER TRANSPORTATION COMPANY, HOTEL, OR OTHER PERSON PROVIDING ANY PRIZE-RELATED SERVICES OR ACCOMMODATIONS; (2) TRAVEL TO OR FROM OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY; (3) LOST, LATE, STOLEN, MISDIRECTED, DAMAGED, OR DESTROYED PRIZES; OR (4) THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE, ANY DEFECTS IN ANY PRIZE, OR ANY INABILITY TO USE ANY PRIZE; OR (III) ANY ERRORS IN THESE OFFICIAL RULES OR ANY MARKETING MATERIALS IN CONNECTION WITH THE SWEEPSTAKES.
10. Disputes; Governing Law: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action. Any disputes that may arise hereunder will be governed in all respects by the laws of the State of Nevada without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes will be had only in the state and federal courts located within the State of Nevada, without waiver of any right to removal by Sponsor pursuant to 18 U.S.C. §§ 1441, et seq.
11. Publicity and Intellectual Property: Where permitted by law, by participating in the Sweepstakes, you grant each of the PromotionParties, and those acting pursuant to the authority of any of the Promotion Parties, the right to print, publish, broadcast, and useany materials (in whole or in part, or in edited form) you submit in connection with your entry or by membership in any of the NFA™-affiliated private membership clubs, IRL venues, any NFA™-Changes for Sweepstakes rules for NFA website – cut and paste whole thing affiliated Discord Channel, Twitter or other social media sites, or the Sweepstakes, as well as your name, portrait, picture, likeness, voice, statements attributable to you (including comments and postings), city and state of residence, and other biographical information available to Sponsor, for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation.
13. Guests: Where a prize permits any guest of a winner to participate, such winner is responsible for his or her guest(s) and shall ensure that such guest(s) complies with Sponsor’s and each prize provider’s procedures and policies. Without limiting any otherrestrictions set forth in these Official Rules, if a winner’s guest is deemed a minor in such guest’s state of residence, such winnermust be the minor guest’s parent or legal guardian in order for the minor guest to participate. If requested by Sponsor, any guest of a Changes for Sweepstakes rules for NFA website (or such guest’s parent or legal guardian if such guest is deemed a minor in his or her state of residence and is permitted to participate hereunder) must complete, sign, and return a Liability and Publicity Release (where not prohibited by law) prior to participation in any prize. Once a winner designates a guest, the winner cannot change such designation without the express consent of Sponsor, which may be withheld for any reason.
14. Conduct: By entering the Sweepstakes and accepting a prize, the winner agrees to behave in accordance with all applicable laws and generally-accepted social practices in connection with participation in any Sweepstakes, Giveaway, or prize-related activity. The winner understands and agrees that Sponsor and each prize provider has the right, in their respective sole discretion, to disqualify and remove the winner (and/or his or her guest(s), if applicable) from any activity at any time if the winner’s (and/or any of his or her guests) behavior at any point (a) is uncooperative or disruptive; (b) annoys, threatens, or harasses any other person; (c) may or does cause damage to any person or property or the reputation of Sponsor or such prize provider; or (d) otherwise violates the policies of such prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
15. List of Winners / Copy of Official Rules: To obtain a list of winners of any particular Sweepstakes or Giveaway event(available approximately two months after the date of winner determination), go to https://account.nonfungibleart.io/rcc/contact-us. To obtain a copy of these Official Rules, go to: Changes for Sweepstakes rules for NFA website – cut and paste whole thing https://www.nonfungibleart.com/giveaway-rules or any official, group specific, NFA™-affiliated website. You may also mail your request for a list of winners or a copy of these Official Rules, including with such request a self-addressed, stamped envelope, to Non-Fungible Art, Inc., Attn: NFA™ Clubs, Official Rules, 269 S. Beverly Drive, #1046, Beverly Hills, CA 90212. Requests must be received within six (6) months of the end of the Promotion Period. 10. Miscellaneous: Decisions of Sponsor are final and binding in all matters related to the Sweepstakes. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provision was not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Changes for Sweepstakes rules for NFA website Sponsor: Non-Fungible Art, Inc., 269 S. Beverly Drive, #1046, Beverly