OMAZE CHARITY FUNDRAISING PROMOTION
NO PURCHASE NECESSARY TO REGISTER FOR OR USE OMAZE.COM (“WEBSITE”) OR TO ENTER ANY OF THE PROMOTIONS MADE AVAILABLE VIA THE WEBSITE (“PROMOTIONS”).
THE ENTITIES FEATURED ON THE WEBSITE FOR WHICH DONATIONS ARE SOLICITED OR FUNDS ARE RAISED ARE 26 U.S.C.§ 501(C)(3) NON-PROFIT ORGANIZATIONS RECOGNIZED BY THE I.R.S. (EACH A “CHARITY”)
VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
ALTHOUGH PROMOTIONS MAY INCLUDE BOTH REWARDS THAT ARE GUARANTEED AND RANDOM DRAWINGS FOR PRIZES, ENTRIES INTO DRAWINGS ARE PROVIDED AS AN EXTRA BONUS FOR USERS, THE WEBSITE IS NOT A PROMOTION AND USERS MAY ENTER ANY PROMOTION AT ANY TIME WITHOUT PAYMENT BY A FREE ENTRY.
1. STRUCTURE OF PROMOTIONS: Omaze, Inc. (“Omaze”) partners with Charities and private companies or individuals that provide financial support, rewards, or prizes (“Prize Providers”) to provide individual Promotions and offer prizes and rewards, including once-in-a-lifetime experiences (each a “Prize”) to individual participants (“Entrants”) who complete an entry into a Promotion as described below. These Official Rules generally apply to all Promotions offered on the Website, however, from time to time, Omaze may offer special Promotions that are also subject to additional rules (“Promotion Rules”). In the event of a conflict between these Official Rules and the Promotion Rules, the Promotion Rules govern.
2. ENTERING A PROMOTION.
Entrants may enter a Promotion by completing any of the following methods of entry (each a “Method of Entry”) to earn an entry into the Drawings (each an “Entry” and each person receiving an Entry, an “Entrant”):
- Visit http://www.omaze.com/free-alternative-method-of-entry and complete an online entry form for the specific Promotion that you wish to enter by the applicable Mail Date for the Promotion described on the Website (“Free Web Entry”).
- Legibly hand print your complete name, street address (no P.O. Boxes), city, state/province, zip or post/postal code, daytime phone number, age, email address (if available), the name of the specific Promotion that you wish to enter, and the following statement “I have read and agree to the Omaze Official Rules” on a postcard and mail it to: PO Box 866, 9942 Culver Blvd, Culver City, CA 90232, USA by the applicable Mail Date described in Section 4 below (“Free Mail-in Entry”).
- Visit www.omaze.com/cart, complete the registration form for the Promotion that you wish to enter, and receive an Entry as a thank you for each donation increment of $10 you make to the Charity at the Website (the “Donation Method”). Donations are calculated in $10 increments (each a “Donation Unit”), so if the total amount donated by you exceeds this amount, you will be credited as making a number of donations equal to the total amount donated divided by the Donation Unit and then rounded to the nearest whole number.
- Share links to the Website with your friends via selected social media platforms (if it is included in the Promotion) and receive one additional Entry into the applicable Promotion for each time a friend enters via the Donation Method.
3. NUMBER OF ENTRIES. The number of Entries you receive per dollar amount for Donations will be posted at the Website for each Promotion. For Free Web Entries and Free Mail-in Entries, you shall be awarded a number of Entries equal to the average (mean) amounts of Entries awarded to the total amount of all Entrants from all Methods of Entry in that specific Promotion. Regardless of Method of Entry, the maximum number of Entries that will be awarded to any Entrant is restricted to 10,000 total Entries per person per Promotion
4. ELIGIBILITY. Most Promotions are open to all persons who have reached the age of majority in their states of residence. Certain promotions may impose additional geographic and residency restrictions that will be published in the applicable Promotion Rules. Unless otherwise specified in the applicable Promotion Rules, residents of Belgium, Italy, Malta, Singapore, or Thailand or of any country that is listed by the United States Department of State as an embargoed or prohibited country are expressly prohibited from entering any Promotion. In addition, residents of Australia, Brazil, China and the Republic of Korea are generally not prohibited from participating, but local rules and laws may restrict or prohibit the award of certain prizes or impose additional restrictions on participation. Employees of Sponsor and the Charity or Prize Provider for the applicable Promotion, and members of their immediate families, are not eligible to enter. In addition, while we encourage participation from all users, certain Promotions or Prizes may be limited to legal residents of the United States or may be subject to restrictions that prohibit residents of certain countries from participating. It is your responsibility to review any specific restrictions on the use or receipt of a Prize or entry into a Promotion contained in the specific rules for that Promotion before claiming that Prize or making a Donation. YOU ARE NOT REQUIRED TO MAKE A DONATION TO ENTER a promotion, AND YOU are always encouraged to submit Free Web Entries and Free Mail-in Entries. Void in all countries on the United States list of embargoed countries and in countries where local laws prohibit entry. In all cases, each Promotion is void where prohibited by law.
5. PROMOTION PERIODS. Unless otherwise stated, each Promotion shall commence at 12:00:01 A.M. Pacific Time (“PT”) and ending at 11:59:59 P.M. ET on the days specified on the Website (each a “Promotion Period”).
6. WINNER SELECTION AND NOTIFICATION. On or about 5 – 10 days following the close of the Promotion Period, Omaze will conduct a random drawing to select 5 finalists who will be notified by phone, email or regular mail at the Omaze’s discretion. Odds of being named a finalist depend on the number of eligible entries received. It is possible that the same individual who has purchased multiple entries can have more than entry selected for the top 5. Thereafter, the Omaze will conduct a second random drawing to select the winner. Odds of winning will be 1:5 or better, depending on how many entries the individual has in the finals. The decisions of the Omaze and its agencies are final and binding regarding all aspects of the Promotion. The potential winner(s) will be notified by phone, email or regular mail at the discretion of Omaze. Winner(s) will be required to sign an affidavit of eligibility, liability and where legal, a publicity release, which must be returned within seven days of notification, as well as any other documents necessary to verify the winner’s identity and background, including but not limited to a background check. Travel companions will be required to sign a liability/publicity release prior to issuance of tickets. Omaze reserves the right to select a new winner from the finalists in the event that the first winner is unable to claim their prize, and/or poses a viable threat to the Prize Provider in any way. Omaze reserves the right to require a minimum dollar amount of donations before a random drawing will be conducted. If the Omaze elects to set a minimum, the amount will be set forth at the Website. If the amount is not reached by the date specified at the Website, no credit card donations will be processed, the Promotion will terminate and the prize will not be awarded.
7. PRIZES. A description of the prize and the prize restrictions for each Promotion will be posted at the Website. The prize description shall be deemed a part of these official rules and is incorporated by referenced herein. The prize cannot be transferred or substituted, except by Omaze in its sole discretion. Omaze reserves the right to substitute a prize of equal or greater value. All federal state and local taxes are the responsibility of the winner.
8. PRIZE CONDITIONS/RESTRICTIONS: Any travel included in a Prize must be completed on dates specified by Omaze and all airfare will be coach class unless otherwise specified hotel accommodations will be standard class, unless otherwise specified. Any meetings with celebrities will be subject to applicable security and background check rules. In the event of any international travel, each winner is responsible for obtaining all necessary travel authorizations, visas, or other documentation. All other expenses are the responsibility of the winner. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. Omaze is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to the trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in a winner’s possession, will not be replaced. Airline and flight itinerary will be determined by Omaze in its sole discretion. Winner and guest must travel on same itinerary. In the event a prize winner and/or his or her guest engage in behavior that (as determined by Omaze in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Omaze reserves the right to terminate the trip or other applicable experience, in whole or in part, and send grand prize winner and/or his or her guest home with no further compensation. If the Prize Provider listed above is unable to meet with the winner, winner will receive the remainder of the trip package without additional compensation. The winner’s guest must be of legal age of majority in his/her jurisdiction of residence, unless the guest is the child or legal ward of the winner, or otherwise approved by the Omaze. Omaze reserves the right to provide ground transportation in the event a winner lives within a one hundred (100) mile radius of the site where the prize is to be performed.
9. PUBLICITY GRANT. Winner(s), by acceptance of prize, except where prohibited, grants permission for Omaze and Prize Provider and their designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law.
10. GOVERNING LAW/JURISDICTION. The Promotion and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Promotion, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion, the prize awarded or the determination of the official winner shall be resolved individually, without resort to any form of class action. Participant further agree that in any cause of action, the Omaze’s and Prize Provider’s liability will be limited to the cost of entering and participating in the Promotion, and in no event shall they be liable for attorneys’ fees and/or experts’ fees and costs. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.
12. LIMITATION OF LIABILITY: Sponsor, Prize Providers, and Charities (the “Released Parties”) are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason an entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, or for any other reason not accepted as an entry into a particular Promotion, your sole remedy is to receive another entry into a different Promotion. If, for technical reasons, any particular Promotion is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and to credit participants of any cancelled Promotion with one (1) entry in that Promotion. All Prizes are provided by the Charity or Prize Provider (as applicable) and not Sponsor. The applicable Prize Provider is solely responsible for any Prize provided by such Prize Provider and you acknowledge that Sponsor has no obligation whatsoever with respect to such Prize, including, without limitation, any responsibility for any product warranties, whether express or implied by law. In the event of any complaint, issue, or failure related to any Prize, the applicable Winner shall look only to the Prize Provider (as applicable) for assistance or support.
13. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering a Promotion, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of Sponsor or the Released Parties in connection with the Promotion; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Promotion, (ii) typographical or printing errors in these Official Rules or any Promotion materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of any Promotion, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you.
14. GENERAL CONDITIONS. Omaze and Prize Provider are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered or garbled entries or for human, mechanical, electronic, network, or typographical errors otherwise relating to or in connection with the Promotion. Omaze and Prize Provider are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any equipment or programming associated with or utilized in the Promotion. Omaze and Prize Provider are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Promotion or website, who are in violation of these Official Rules, as solely determined by Omaze, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in Omaze’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Omaze, corrupt or impair the administration, security, fairness or proper play or submission of entries, Omaze reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect entries received prior to action taken using the drawing procedures outlined above.
Entrants, by participating, agree that Omaze and Prize Provider will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind, including death, to persons, or property, resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of the prize or participation in this Promotion. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
15. WINNER LIST. For the name[s] of the winner[s] send a self-addressed stamped envelope to: Omaze, Inc., c/o Winner List, P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232. Winner List requests will only be accepted after the applicable Promotion’ end date and requests must be received no later than thirty days after such end date.
© 2015 Omaze, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.