Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
NOTE THESE OFFICIAL RULES CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, WITHOUT ANY RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
1. Eligibility.
The Fantasy Garage E30 Giveaway #1 (the "Sweepstakes") is open only to legal residents of the 50 United States and the District of Columbia who, at the time of entry, are at least 18 years of age and the age of majority in their local jurisdiction. Void where prohibited by law. All Fantasy Garage™ Vault NFTs, as well as directors, management, staff, employees of Sponsor, Administrator, or any of its/their parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes, and their immediate family (spouse, ex-spouse, de facto partner, parents and stepparents, grandparents and step grandparents, siblings and step siblings, uncle, aunt, niece, nephew, brother, sister, step brother, step sister, first cousin and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's ("Entrant") full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon selected Entrant fulfilling all requirements set forth herein. Participants With Disabilities: If you have a disability and you need assistance with participating in the Sweepstakes and/or with redeeming a Prize, contact: support@fantasygarage.xyz.
2. Sponsor.
Fantasy Labs, LLC, 2008 Bremo Rd., Ste. 110 Richmond, VA 23226.
3. Sweepstakes Entry Period.
The Sweepstakes Entry Period starts on April 7, 2023 at 12:00:01 a.m. Eastern Time ("ET"), after the Fantasy Garage Vault Mint of Token IDs 1-500 is complete, and ends after the next 500 NFTs are minted and the total supply of NFTs minted reaches 1000. Entries received outside the Sweepstakes Entry Period later than 14 days after the end of the Sweepstakes Entry Period will be void. Sponsor is the official timekeeper for this Sweepstakes and timestamps can be verified by anyone using a blockchain explorer like Etherscan.
4. How to Enter the Sweepstakes.
There are two (2) ways to enter the Sweepstakes:
- Purchase an NFT: Beginning on April 7, 2023 and throughout the remainder of the Sweepstakes Entry Period, each NFT purchased will receive one (1) entry in the Sweepstakes, (i) go to the NFT website located at https://fantasygarage.xyz/mint (the "NFT Site"); (ii) click "Connect To Mint"; (iii) follow the prompts to connect your crypto wallet, select how many you want to mint, then click the Mint Now button and confirm the transaction via your crypto wallet. If you do not already have a crypto wallet, you can set up a free crypto wallet on the NFT Site by clicking the Connect To Mint button and following the prompts on the pop-up window to create a wallet; (iv) after you have purchased your NFT, you must verify your ownership by joining the Fantasy Garage™ Discord server for free and using the #owner-registration channel to click on the Start Verification button. Follow the instructions provided by Vulcan's ownership verification service. You can purchase an NFT without entering the Sweepstakes by completing steps (i) to (iii) outlined above during the Sweepstakes Entry Period. There is a maximum of 500 NFTs available to be minted during the Sweepstakes Entry Period.
- No Purchase Mail-In Alternate Method of Entry: Beginning April 7, 2023 and continuing throughout the Sweepstakes Entry Period, to receive one (1) entry in the Sweepstakes without making a purchase, complete the following steps: (i) mail one (1) envelope to Fantasy Garage E30 Giveaway #1, 2014 West 53rd Street, Unit #Down, Cleveland, OH 44102, with such envelope containing (1) one (1) self-addressed postage paid No. 10 envelope (except Vermont residents are not required to affix return postage), and (2) an index card with Entrant's first name, last name, postal address e-mail address in non-black pen. Limit one entry request per outer envelope. The information provided in Entrant's index card may be used to verify Entrant's submission. The submission must be handwritten; (ii) upon receipt of such entry request, one (1) Sweepstakes entry verification will be returned to Entrant in the self-addressed postage paid (except Vermont residents) envelope provided to each mail-in request that complies with the stated requirements; and (iii) upon receipt of the Sweepstakes entry verification, Entrant must join the Fantasy Garage™ Discord for free and receive the Verify role through the #verify channel. (iv) If you do not already have a crypto wallet, you can create one for free on the NFT Site by clicking on the Connect To Mint button and following the prompts on the pop-up to create a wallet. All requests for Sweepstakes entry verification must be received no later than 7 days following the end of the Sweepstakes Entry Period in order to be considered for entry. No service charge or fee will apply to this method of entry. Mail for this Mail-In Alternate Method of Entry sent to any other address will be disqualified and destroyed.
Sponsor may reject any entry in its/their sole discretion if the entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party's rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; violates any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity; includes directly or indirectly any trademark, logo, or intellectual property in any way unless owned exclusively by Entrant, and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor's sole discretion. Entry must not attempt to duplicate any other entry or third-party works. Notwithstanding, Sponsor reserves the right in its sole discretion to disqualify any entry that is a duplicate or substantially similar to another entry and Sponsor may, in its sole discretion, disqualify any entry that violates these parameters and/or any other part of Official Rules.
Regardless of the method of entry, you expressly agree to by bound by the Official Rules and the NFT Terms and Conditions, which are available at www.fantasygarage.xyz.
6. Prizes.
There is 1 NFT Prize in total available in the Fantasy Garage E30 Giveaway #1 Sweepstakes (an "NFT Prize"). The NFT Prize is an NFT representing a 1986 BMW 325 ("Redemption Item"). In order to obtain the Redemption Item, NFT Prize winners will be required to "burn" their NFT Prize. Total Approximate Retail Value ("ARV") of the Redemption Item available in the Sweepstakes: $15,000. In the event that the Redemption Item is unavailable or otherwise unable to be awarded, the Redemption Item winner will be awarded a cash alternative of $15,000. In order to be eligible to win any NFT Prize or Redemption Item, Entrants must have a crypto wallet. It is free to create a crypto wallet. MetaMask is the most popular crypto wallet. You can create one at https://metamask.io/download/
THE NFT PRIZES AND REDEMPTION ITEMS ARE OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OR GUARANTEE BY SPONSOR OR ADMINISTRATOR OTHER THAN WHAT IS EXPRESSLY INCLUDED IN THESE OFFICIAL RULES.
All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the verified NFT Prize and Redemption Item winner. Verified NFT Prize and Redemption Item winner will be responsible for all other expenses relating to the redemption, receipt and use of the NFT Prize and Redemption Item. Until awarded, NFT Prizes and Redemption Items are nontransferable. Sponsor reserves the right in its sole discretion to substitute the NFT Prize or Redemption Item, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of verified NFT Prize and Redemption Item winner.
The total value of the NFT Prize and Redemption Item will not exceed the identified approximate retail value of $15,000. All travel-related and other expenses not set forth herein, including but not limited to meals, ground and other transportation, parking, gratuities and incidental hotel expenses, are the sole responsibility of verified NFT Prize and Redemption Item winners. Verified NFT Prize and Redemption Item winners are each responsible for all transportation, tax, license, title fees and insurance for transportation and other related, applicable expense arising from the NFT Prize and Redemption Item. All winners, guests, or other users of redeemed NFT Prizes (i.e., Redemption Item) in which an in-person event is provided, must be 18 years or older and the age of majority in their local jurisdiction, will be required to sign a release and any other Sponsor requested documents.
7. Winner Selection.
One (1) random entry will be selected from all eligible entries after the Sweepstakes Entry Period has concluded and the 14 days thereafter. The winner will be announced in the Fantasy Garage™ Discord server. The NFT Prize will be automatically airdropped to the potential winner's crypto wallet. Odds of winning an NFT Prize or Redemption Item depends on the number of eligible entries received during the Sweepstakes Entry Period and the 14 days thereafter.
8. Verification of Potential NFT Prize Winner.
POTENTIAL NFT PRIZE AND REDEMPTION ITEM WINNER'S ELIGIBILITY IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
Any potential NFT Prize winner or redeemer must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential NFT Prize winner and redeemer may be required to execute and return to Sponsor for its receipt within two (2) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") in order to claim his/her NFT Prize or redeem the corresponding Redemption Item. Sponsor may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the NFT Prize or Redemption Item for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the NFT Prize or Redemption Item; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the potential Affidavit-related obligations, the potential NFT Prize winner shall be disqualified from the Sweepstakes and an alternate potential NFT Prize and Redemption Item winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Sponsor and/or Administrator reserve the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential NFT Prize and Redemption Item winner, if any.
9. Entry Conditions and Release.
This Sweepstakes is not sponsored, endorsed, or administered by Facebook, Instagram, Discord, TikTok, or BMW, and Facebook, Instagram, Discord, TikTok and BMW are not associated with the Sweepstakes in any way. Any questions, comments, or complaints regarding the Sweepstakes must be directed to Sponsor, and not to Instagram, Facebook, Discord, TikTok, or BMW. You are providing your information to Sponsor and not to Instagram, Facebook, Discord, TikTok, or BMW. By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or Administrator and/or its/their designee(s) which are binding and final in all matters relating to these Sweepstakes; (b) release and hold harmless Sponsor, Administrator, and its/their parent(s), subsidiary and affiliated companies, the NFT Prize or Redemption Item suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of NFT Prize or Redemption Item (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to an Entrant's participation in the Sweepstakes and/or Entrant's acceptance, use or misuse of any NFT Prize or Redemption Item.
10. Publicity.
Except where prohibited, Entrants agree that participation in the Sweepstakes constitutes verified NFT Prize and Redemption Item winner's consent to Sponsor's, Administrator's, and its/their agents' use of each such winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media (whether now known or invented in the future), worldwide, without further payment or consideration but that Sponsor and/or Administrator are not required to make such use.
11. General Conditions.
Sponsor and/or Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's and/or Administrator's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor and/or Administrator in its/their sole discretion. Sponsor and/or Administrator reserves the right in its/their discretion to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor and/or Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor and/or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the crypto wallet or email address used to enter the Sweepstakes will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential NFT Prize winner may be required to show proof of being the authorized account holder to be awarded the NFT Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled.
Sponsor is not owned, managed, or controlled by BMW AG or any of their respective principals or affiliates. Sponsor is not affiliated with or endorsed by BMW AG in any way.
Entrants acknowledge and understand that any representations, claims, guarantees, or statements made about, concerning, or related to the NFTs are not the statements of Fantasy Labs LLC, and that Fantasy Labs LLC takes no position on the accuracy of same.
Entrants acknowledge that they have not been induced by any direct or indirect statements, omissions, actions, or inactions of Fantasy Labs LLC.
Entrants hereby waive any claims they may have to date, known or unknown, against Fantasy Labs LLC, or reasonably anticipate having in the future related to, or that are in any way connected to, the minting, creation, advertising, marketing, promoting, purchasing, and sale of the NFTs.
BY ENTERING THE SWEEPSTAKES VOLUNTARILY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO DISQUALIFY ANY ENTRANT AND/OR IMMEDIATELY TERMINATE ANY NFT PRIZE OR REDEMPTION ITEM IN THEIR SOLE DISCRETION IN THE EVENT THAT SPONSOR OR ADMINISTRATOR DETERMINE THAT YOU OR YOUR GUEST(S) HAVE ENGAGED IN CONDUCT THAT IS IN VIOLATION OF THESE RULES, OR OTHERWISE INAPPROPRIATE, OFFENSIVE, OR ABUSIVE TO SPONSOR, ADMINISTRATOR, STAFF MEMBERS, PRIZE ATTENDANTS, OR ANY OTHER PERSON.
Sponsor may enable third-party material and information to be made available on or via Sponsor and/or Administrator's website(s) (collectively, "Third-Party Content"), including, without limitation, third-party payment processors, third-party logistics providers, and links and/or connections to websites, applications or services of such parties. You are entirely responsible for any transactions or contact with any such third party, and for your use of or interaction with any Third-Party Content. Sponsor and/or Administrator do not endorse any Third-Party Content and makes no representations or guarantees whatsoever about such Third-Party Content. You acknowledge and agree that your use of and access to any Third-Party Content is at your own risk and subject to your agreement with any such third parties' terms of use and privacy policy agreements.
You assume all risks associated with using any Internet-based cryptocurrency, including the NFT Prize and certain Redemption Items, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your crypto wallet. Without limiting the foregoing, you assume all responsibility for any adverse effects of such risks, disruptions or other issues impacting cryptocurrency platforms and Internet-based cryptocurrency.
12. Limitations of Liability.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt or use, misuse, or loss of any NFT Prize or Redemption Item, including unavailability or any portion of any NFT Prize or Redemption Item; or (f) entries, NFT Prizes and Redemption Items, or prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an Entrant's failure to monitor its crypto wallet or email account. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Sweepstakes. No more than the stated number of NFT Prizes and Redemption Items will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order or mandate, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, epidemic, pandemic, or any other causes beyond the control of Sponsor and/or Administrator that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor and/or Administrator reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY NFT PRIZE(S) AWARDED, WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; AND (2) 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 OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
13. Dispute Resolution.
Except where prohibited by law, as a condition of participating in this Sweepstakes, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office in Virginia nearest to the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court of competent jurisdiction. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Sponsor, and/or Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
14. Entrant's Personal Information.
Entrants who purchase an NFT for entry will not be required to share any personal information unless they win and choose to redeem their NFT Prize for the Redemption Item at which point they will be required to provide personal information such as name, email, phone, and IRS Form W-9 for accounting purposes. Winners may sell their NFT Prize on the secondary market without submitting any personal information. Personal information of Entrants who chose to submit an entry via the AMOE will only be used in the event they are a winner and will never be sold or provided to a third party.
15. Sweepstakes' Results.
Winner will be posted in the Fantasy Garage™ Discord server.
Questions?: Please reach out via our Discord
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