NYXL x MD Decentraland CloneX Sweepstakes
Official Rules
No purchase necessary to enter or win. A purchase will not improve your chances of winning.
ELIGIBILITY: The NYXL x MD Decentraland CloneX Sweepstakes (“Sweepstakes”) is open only to legal residents of the 50 United States and D.C. who are 18 years of age or older. The following are not eligible: officers, directors, members and employees — or members of the immediate family or household of any of the foregoing — of CDXL LLC (“Sponsor,” “we” or “us”), Mountain Dew, Game Fuel, or PepsiCo, Inc., and each of their respective parent and subsidiary companies, and any administrative, advertising or promotional agency involved in the development, administration, promotion or implementation of the Sweepstakes (collectively, the “Sweepstakes Entities”). Void where prohibited. All applicable federal, state and local laws apply. In addition to these Official Rules, the Sweepstakes shall be subject to and governed by Sponsor’s Terms of Service located here https://nyxl.com/terms-and-conditions/. If there is an inconsistency between the Terms of Service or these Official Rules, these Official Rules shall control.
Sweepstakes Period: The Sweepstakes begins on July 14, 2022 at 11:30 a.m. Eastern Time (“ET”) and ends on July 17, 2022 at 9:59:59 p.m. ET (“Sweepstakes Period”).
HOW TO ENTER: To enter, entrants must complete all of the following steps during the Sweepstakes Period:
- Visit the VIP Room at our free NYXL x Dew Decentraland Event (“Event”) at https://events.decentraland.org/event/?id=623af16a-2bf1-4a4e-9bb2-841cc09e686c
(the “Website”).
- Register by following the on-screen instructions on the Website to provide the address for your free decentralized wallet, from either metamask or coinbase (“Connected Wallet”).
- Participate in the Event by following the on-screen instructions to earn one (1) of the following free NFT #NYSL x MTN DEW Charged Collection wearables (each a “Wearable”): (a) MTN DEW Charged Jetpack; (b) MTN DEW Code Red Kaiju Skin; (c) MTN DEW Charged Hood; (d) MTN DEW Charged Jacket and Bandolier; (e) MTN DEW Charged Trousers; or (d) MTN DEW Charged Combat Boots. Your Wearable will be uploaded to your Connected Wallet.
- Store your Wearable in your Connected Wallet until expiration of the Sweepstakes Period. NOTE: If you do not keep the Wearable in the Connected Wallet through the end of the Sweepstakes Period, we will not be able to verify your entry into the Sweepstakes and your entry will not be valid.
Limit one (1) entry per person. All entries become the property of Sponsor and will not be acknowledged or returned. Entrants are prohibited from using multiple names, wallets, email addresses, or any other means to enter more than once. Any attempt to do so is grounds for disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Proof of submission is not proof of receipt. Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entries will not be acknowledged. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the Connected Wallet associated with the entry. Judges’ decisions are final and binding on all matters relating to the Sweepstakes. None of Mountain Dew, Game Fuel, PepsiCo Inc., Metamask, or Coinbase are sponsors of this Sweepstakes.
Sponsor may film, record and/or take photographs during the Sweepstakes and the activity taking place during the Sweepstakes and during/at the Event and may use the resulting footage, recordings or photographs for a range of purposes, including, without limitation, for marketing and promoting Sponsor and/or the Sweepstakes Entities and its products and services. By entering the Sweepstakes, you authorize Sponsor to film, record and/or photograph your and/or your avatar’s voice and likeness (“Image”), and also grant Sponsor the irrevocable right to use any footage, recordings or photographs of any such footage, recordings or photographs, or any reproduction or modification thereof (collectively, the “Recordings”) in any manner and medium throughout the universe an unlimited number of times in perpetuity for advertising, trade, promotion, exhibition or any other lawful purpose except where prohibited by law. By entering the Sweepstakes, except where prohibited by law you further waive any right of inspection or approval of the uses to which Sponsor may put the Recordings, and releases Sponsor from any and all claims arising out of or in connection with the Recordings, your Image or Sponsor’s use thereof.
WINNER SELECTION AND NOTIFICATION: One (1) winner will be selected in a random drawing, on or about June 19, 2022, from among all eligible entries. Potential winners will be notified using the contact information associated with the email address tied to the entry. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Failure to respond to any winner notification within three (3) days may result in disqualification and selection of an alternate winner. Potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where legal) (“Prize Claim Documents”). If any potential winner is a minor under the laws of their state of residence, at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all required documents. If a potential winner fails to comply with Sponsor’s requests for Prize Claim Documents, is found to be ineligible, or cannot or does not comply with these Official Rules, such person may be disqualified and the prize may be awarded to an alternate winner.
PRIZES/ODDS: One (1) prize is available: A CloneX #17394, an Avatar by RTFKT and Takashi Murakami. Approximate retail value as of 06/17/2022: $13,200. Prize is subject to CloneX’s standard terms and conditions. Estimated value is based on the publicly listed value of the non-fungible token as of the listed date. Actual value of any non-fungible token will, by its nature, fluctuate in value constantly. Accordingly, no guarantee can be or is made as to value of the non-fungible token at the time of prize award or thereafter.
Prize will be awarded in the Connected Wallet associated with the winning entry. Prize is non-transferable and no cash equivalent or substitution of the prize is offered, except at the sole discretion of the Sponsor. Sponsor may substitute a prize of comparable value if advertised prize becomes unavailable. Winner is responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of any prize.
Odds: The odds of winning depend on the number of eligible entries.
RELEASE OF LIABILITY: You (and if you are a minor, your parent or legal guardian) agree that the Sweepstakes Entities (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
By entering the Sweepstakes, you further agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of New York without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in New York located in New York County for resolution of any disputes relating to the Sweepstakes and waive any objection thereto. For New Jersey Residents: Nothing herein prohibits recovery of damages or attorneys’ fees where required by statute.
ADDITIONAL RULES: No responsibility is assumed for any damage to your mobile device or computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, mobile device, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, no responsibility is assumed for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen submissions, prize notifications or other Sweepstakes materials, all of which are void; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances or any other causes beyond the control of Sponsor which have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner from all eligible, non-suspect entries unaffected by the problem.
Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law.
DATA: By entering, you agree to Sponsor’s manner of collection and usage of any personal information you submit and agree you are sharing your information with Sponsor and the Sweepstakes Entities, subject to Sponsor’s privacy policy located https://nyxl.com/privacy-policy/ and PepsiCo, Inc.’s privacy policy located at https://www.pepsico.com/legal/privacy.
WINNER NAME: For the winner’s name, available approximately two weeks after the end of the Sweepstakes Period, send a written request to Sponsor via email at partnerships@nyxl.com, with “NYSL x MD Decentraland CloneX” in the subject line. All such requests must be received by August 31, 2022. SPONSOR: CDXL LLC, 4 World Trade Center, Floor 49, New York, New York 10007
