Omaze 10 Year Anniversary Social Sweepstakes – Day 3 ($1K Gift Card to ClassPass)
NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SPONSOR RELATING TO YOUR PARTICIPATION IN THIS PROMOTION WILL BE RESOLVED. FOR EXAMPLE, SECTION 12 INCLUDES AN ARBITRATION AGREEMENT AND WAIVER OF A CLASS ACTION THAT REQUIRES YOU TO SUBMIT ALL CLAIMS TO ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND LIMITS YOUR ABILITY TO BRING CLAIMS ON BEHALF OF ANYONE OTHER THAN YOURSELF (THAT IS, IT PROHIBITS YOU FROM BRINGING ANY PURPORTED CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE PROCEEDING).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. THE SPONSOR: Omaze, Inc. (“Sponsor” or “Omaze”) is a United States, Delaware corporation and a for-profit, commercial fundraiser, technology, and media company that leverages the power of storytelling and technology to radically change charitable giving.
2. ELIGIBILITY: The “Omaze 10 Year Anniversary Social Sweepstakes – Day 3” (the “Promotion”) is open to: legal residents of the 50 United States and D.C., who are at least 18 years of age or older as of the time of entry. Employees, contractors, directors, officers, and agents of Sponsor, or any advertising, promotion, prize supplier, and judging agencies or all other service agencies involved with the Promotion, as well as their affiliates, subsidiaries, representatives and agencies (collectively "Promotion Parties"), and members of their immediate family (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside and/or whether or not related) are not eligible to enter or win.
This Promotion is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. ENTRY PERIOD: The Promotion will begin on December 8, 2022 at 9:00 AM Pacific Time and end on December 9, 2022 at 9:00 AM Pacific Time (the “Entry Period”). All entries must be received before the Promotion Entry Period end time/date to be valid. Sponsor is the official timekeeper.
4. HOW TO ENTER: During the Promotion Entry Period, entrants must follow @Omaze on Instagram and must complete the following action in connection with the dedicated “Omaze 10 Year Anniversary Social Sweepstakes – Day 3” Instagram grid post posted on the @Omaze Instagram feed (the “Post”): (i) “like” the Post; and (ii) comment on the Post ((i) & (ii) the “Entry Action”).
All entries on Instagram must be made by an entrant with an active and valid Instagram account that follows the @Omaze Instagram account and from which the entrant completes the Entry Action in accordance with this Section. Each entrant with an active and valid Instagram account that follows the @Omaze Instagram account and successfully completes the Entry Action on the Post in accordance with this Section equals one (1) entry. Entries submitted by entrants that do not have an active and valid Instagram account from which entrant submits an entrant's comment in accordance with this Section are not valid entries for the Promotion.
Entrant understands and acknowledges that entrant, not the Sponsor and/or the Promotion Parties, is solely and fully responsible for any content posted by entrant in connection with the Entry Action for the Promotion (a “Post”). Entrant further represents and warrants that entrant’s Post(s) will:
(D) Not include content that is unlawful, defamatory, discriminatory, obscene, offensive, harassing, or has the purpose or effect of creating an intimidating or hostile environment.
By entering this Promotion, the entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters.
5. LIMITATIONS AND RESTRICTIONS: Limit of one (1) entry per person. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated. Using multiple accounts or devices in an attempt to circumvent the rules is strictly prohibited. Multiple participants are not permitted to share the same email address, account, or phone number. Individuals who do not follow all of the instructions, provide all required information, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s discretion. By entering this Promotion, the entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters.
6. DRAWING: A random drawing will be conducted after 9:00 AM Pacific Time on December 9, 2022 by Sponsor to select one (1) prize winner, subject to verification, (the “Prize Winner” or “Winner”) from among all eligible entries received. Odds of winning depend on the number of eligible entries received during the Entry Period.
7. PRIZE WINNER NOTIFICATIONS: Each potential Winner will be notified by 12:00 PM Pacific Time on December 9, 2022, by private, direct message on Instagram. Each potential Winner will have twenty-four (24) hours to respond to Sponsor’s notification. Failure of a potential Winner to respond to Sponsor’s notification within twenty-four (24) hours will result in forfeiture of prize and Sponsor shall have, in its sole and absolute discretion, the option to award the prize to an alternate potential Winner from the eligible entries, each subject to verification. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate potential Winner may be selected.
8. PRIZE AND PRIZE TERMS: Prize Winner will receive a One Thousand US Dollars ($1,000.00) gift card to ClassPass (the “Prize”). The Prize consists of only those items specifically listed as part of the Prize. Limit one prize per family or household. No substitution or transfer of prize permitted by Winner.
(C) General Prize Terms. Prize is non-transferable and no substitution of Prize is offered, except at the sole discretion of the Sponsor. If the Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the Prize with another prize of equal or greater value. Prize Winner will be solely responsible for all international, federal, state, and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether if, in whole or in part, is used. Prize will only be awarded to a verified and eligible Winner and may not be assigned. Potential Winners are subject to verification, including verification of age. If a potential Winner cannot be verified or is found by Sponsor to be (i) ineligible, (ii) not in compliance with these Official Rules, (iii) non-responsive, or (iv) unable or unwilling to accept and claim the Prize as stated, or if any required documents are not timely returned within the required number of days instructed by Sponsor, then potential Winner may be disqualified, and the Prize may be forfeited in Sponsor’s sole discretion. In the event that a potential Winner is disqualified for any reason, Sponsor reserves the right to award the Prize to an alternate entrant who will also be selected in a manner deemed fair and equitable by Sponsor, even if the disqualified potential Winner’s name may have been publicly announced. Potential Winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) business days of attempted notification or Prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. All income taxes resulting from acceptance of prize are the responsibility of Winners.
9. PUBLICITY: Except where prohibited by law, by entering into this Promotion, a potential Winner(s) agrees to these Official Rules and grants permission for Sponsor and those acting under its authority, including any Promotion Parties, to use his/her name and likeness, including social media handles and photographs, and/or submitted images, text or other intellectual property of the potential Winner, testimonials, biographical information (in whole or in part), and/or statements made by the potential Winner regarding the Promotion and/or the Prize for Sponsor’s own advertising and/or publicity purposes, in any and all media now known or hereinafter invented, without further compensation or right of approval and without territorial or time limitations. Except where prohibited by law, by entering this Promotion and accepting the Prize, Winner agrees to these Official Rules and grants (and agrees to confirm this grant in writing) permission for Sponsor and those acting under its authority, including any Promotion Parties, to use his/her name and likeness, including social media handles and photographs, and/or submitted images, text or other intellectual property of the Winner, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Promotion and/or Prize for Sponsor’s own advertising and/or publicity purposes, in any and all media now known or hereinafter invented, without further compensation or right of approval and without territorial or time limitations. All federal and state laws apply.
10. GENERAL CONDITIONS:
(E) ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, 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. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
11. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or any of the Promotion Parties resulting from the entrant’s participation or attempt to participate in the Promotion. Sponsor and Promotion Parties are not responsible for any errors in these Official Rules, the Promotion materials, or the announcement of a potential Winner and/or the Winner. As a condition of entering, entrants agree (and agree to confirm in writing); (a) to release the Sponsor and the Promotion Parties from any and all liability, loss or damage or expense arising out of or in connection with participation in this Promotion or the acceptance, use, or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards, if permitted to proceed, will be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. For avoidance of doubt, Sponsor and the Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Promotion; by any human error which may occur in the processing of the entries in this Promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the Promotion, or announcement of the prize(s). If, in the Sponsor's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties (including viruses and bugs) compromise the integrity of the Promotion, Sponsor reserves the right to, in its sole discretion, cancel or modify this Promotion in a manner deemed appropriate by Sponsor.
12. BINDING ARBITRATION: Please read this Section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Official Rules.
(I) Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein
13. GOVERNING LAW & JURISDICTION: The Promotion and these Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof. Subject to the arbitration provision and class action waiver in Section 12(B), above, exclusive jurisdiction for all Claims that are not required to be arbitrated will be in the state and federal courts located in Wilmington, Delaware, United States and you consent to the jurisdiction of those courts.
15. SPONSOR CONTACT: Omaze, Inc., PO Box 866, 9942 Culver Blvd, Culver City, CA
16. SEVERABILITY: Each of the terms of these Official Rules operates separately. If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
17. NO WAIVER: If Sponsor fails to insist that entrant or a Winner perform any of its obligations under these Official Rules, or if Sponsor does not enforce its rights against entrant or a Winner, or if Sponsor delays in doing so, that will not mean that Sponsor has waived its rights against entrant and/or Winner and will not mean that entrant and/or a Winner, as applicable, does not have to comply with these obligations. If Sponsor does waive a default by an entrant and/or a Winner, Sponsor will only do so in writing, and that will not mean that Sponsor will automatically waive any later default by an entrant and/or a Winner.
18. ENTIRE AGREEMENT: These Official Rules constitute the entire agreement between Sponsor and entrant with respect to the Promotion and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and entrant with respect to the Promotion.
This Promotion is not sponsored, produced, executed, administered, endorsed, or affiliated in any way with Instagram, ClassPass Inc., or any their respective affiliates.
Copyright ©2022 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.