AeroPax Tesla Sweepstakes official rules

1. SWEEPSTAKES PERIOD: The AeroPax Tesla Sweepstakes (“Sweepstakes”) begins 8:00 PM Pacific Time (“PT”) on March 23, 2023 and ends 11:59 PM PT on April 30, 2023 (the “Sweepstakes Period”).

1. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or the age of majority and have a valid driver’s license in their respective states/jurisdictions of permanent residence at the time of entry and prize award. Persons who at any time during the Sweepstakes Period are employees, officers or directors of NFT Brands, Inc. (“Sponsor”), The SPARC Group, Authentic Brands Group, Don Jagoda Associates, Inc. (“Administrator”), and each of their affiliates, subsidiaries, advertising and promotion agencies (all such individuals and entities collectively referred to herein as the “Related Parties”) and their immediate family members (defined as parents, siblings, spouses and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are not eligible to participate or win. Entry constitutes Entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winner.

‍2. HOW TO ENTER: There are two ways to enter the Sweepstakes:
1.) Entrants will automatically earn one (1) entry into the Sweepstakes by visiting aeropostale.com/aeropax and being one of the first 29,700 to purchase (“Qualified Purchase”) the AeroPax Digital Collectible (valued at $69 each) during the Sweepstakes Period (“Entry”). Transactions made with lost or stolen credit cards or account numbers do not qualify for Entry. Any transactions that are refunded after purchase will result in the applicable Entry being voided. In the event more than 29,700 Aeropax Digital Collectibles are purchased during the Sweepstakes Period, Entrants may still enter by following the directions in #2 below.
‍
2.) Entrants can receive one (1) entry without making a qualified purchase, by hand-printing the following required information: their name, complete mailing address, telephone number, email address, and date of birth on a plain 3”x5” piece of paper and mailing in a hand-addressed stamped envelope to: The AeroPax Tesla Sweepstakes Entry, P.O. Box 7775, Melville, NY 11775-7775 (“Mailed Entry”). Incomplete Mailed Entries will be voided  Mailed Entries must be mailed separately [one (1) Mailed Entry per envelope] and be postmarked by May 1, 2023 and received by May 8, 2023 to be entered into the random drawing. Mechanically reproduced mailed Entries are automatically void. Sponsor and Administrator are not responsible for delays in postal delivery. 

Limit one (1) Entry per person, email address during the Sweepstakes Period, regardless of method of Entry.

“Entry” or “Entries”, and “Mailed Entry” or “Mailed Entries” will be collectively referred to as “Entries” moving forward. All methods of Entries must be completed to be eligible to win. All Entries become the property of Sponsor and will not be returned or acknowledged, and Sponsor will not verify receipt of Entries. All Entrants agree that, subject to applicable law, Sponsor and Administrator may use Entrants'  information submitted for Entries for purposes of prize fulfillment. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. 

‍3. RANDOM DRAWING AND ODDS OF WINNING: Potential winners will be selected in a random drawing from among all eligible Entries received, on or about May 11, 2023. Drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to this Sweepstakes. Approximate odds of winning are dependent upon the number of eligible Entries received. 

4. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Grand Prize (10): A Sponsor-specified Tesla Model Y Long Range. All specifications related to the Tesla Y Long Range vehicle are at Sponsor’s discretion. The ARV of each Grand Prize is $54,990. Total ARV of all prizes is $549,900. Limit one (1) prize per person/household. Prizes will be fulfilled within six-eight weeks after the conclusion of winner verification. Prizes are non-transferable and no substitutions are permitted, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize (or portion of prize) of equal or greater value, if prize, or portion of prize, becomes unavailable. No cash redemption of prizes, except at Sponsor’s sole discretion.  All federal, state and local taxes are the sole responsibility of each winner. Each winner is responsible for any and all incremental income taxes resulting from the total value of the applicable prize. A 1099 tax statement will be filed with the IRS for all Prize winners and will be processed in the year in which he or she receives their prize.

Grand Prize winner is solely responsible for all applicable taxes, insurance, licensing, dealer processing, registration and title fees at time of delivery and pick-up costs. Grand Prize winner may be required to show proof of insurance and a valid U.S. driver’s license prior to taking delivery and pick up vehicle as directed by Sponsor. Any additional vehicle options that are not standard on make and model are the sole expense of winner (color and dealership are at sole discretion of Sponsor).

5. WINNER NOTIFICATION: Potential Grand Prize winners will be notified via email and will be required to execute and return via email or email link, a Declaration of Eligibility and Release of Liability and Publicity Release (where permitted by law) within two (2) days of notification attempt or the prize may be forfeited and an alternate may be selected [up to three (3) attempts to secure a winner for each prize will be made or prize will go unawarded]. Acceptance of prize constitutes permission to use winners’ names, city, state and likenesses for publicity, advertising and promotional purposes without further consideration, unless prohibited by law. Return of any prize or notification as undeliverable or if potential winner is deemed ineligible, it may result in disqualification and alternate selection [up to three (3) attempts to secure a winner for each prize will be made or prize will go unawarded]. 

6. GENERAL RULES: Sweepstakes Entities and their affiliates are not responsible for lost, late, incomplete, invalid, damaged, stolen, misdirected, unintelligible, or illegible Entries, which will be disqualified. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator. EACH ENTRANT HEREBY AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SPARC GROUP, AUTHENTIC BRANDS GROUP, AND EACH OF THE FOREGOING ENTITIES’ SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THE FOREGOING ENTITY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”). RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR AND AGAINST, AND WILL BE HELD HARMLESS BY WINNERS AND ENTRANTS FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the transaction portion of the Sweepstakes and award the prizes in a random drawing from among all eligible Entries received prior to cancellation or termination. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties  are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any entry to be received by Sponsor on account of technical problems, or otherwise, or resulting from participation in the Sweepstakes.  Released Parties are not responsible for typographical or other error in printing of the offer or administration of the Sweepstakes or announcement of the prizes. If there are any discrepancies between printed or digital materials and the Official Rules, the Official Rules will govern and control.  CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

7. JURISDICTION: The Sweepstakes shall be governed by and interpreted in accordance with the laws of the State of California applicable to promotions fully carried out within California. Except where prohibited by law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' and/or experts’ fees; and winners hereby waive all rights to claim punitive, incidental and consequential damages and any other damages (including attorneys’ fees), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. The winners acknowledge that no other party nor any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce the winners to execute any document and winners acknowledge that they have not executed any document in reliance on any such promise, representation or warranty not contained herein. Any waiver by the Sponsor and its affiliates of any term of any document in a particular instance shall not be a waiver of such term for the future. Winners agree that the invalidity or enforceability of any part of any document shall in no way affect the validity or enforceability of any of the remainder of that document.

8. DISPUTE RESOLUTION AND NO CLASS RELIEF. Any claim, cause of action or proceeding arising out of or relating to any Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief.  Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be resolved individually, without resort to any form of class action.  If a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated.  The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.

9. PRIVACY: Any personally identifiable information collected during Entrant’s participation in this Sweepstakes will be collected by Sponsor and used by it and its agents for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, for any additional opt-in information Entrant agreed to upon participation, and in accordance with Sponsor's Privacy Policy, posted at www.aeropostale.com/aeropax/privacypolicy and as allowed by law.‍

10. WINNERS LIST: For a list of winners send an email no later than June 12, 2023 to: Winners@dja.com with AeroPax Tesla Sweepstakes Winner as the subject line. Winners List will be sent after the prizes have been awarded.

11. SPONSOR AND ADMINISTRATOR: This Sweepstakes is sponsored by NFT Brands inc., 9465 Wilshire Boulevard, Beverly Hills, CA 90212.  The Administrator is Don Jagoda Associates, Inc., 100 Marcus Dr., Melville, NY. 

‍Tesla  is not a sponsor of the sweepstakes and does not endorse, recommend, warrant or take responsibility for the sweepstakes or any related prizes or products offered in this Sweepstakes.