Omaze Giving Tuesday Contest
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 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 BRINING ANY PURPORTED CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE PROCEEDING).
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SPONSOR: Omaze, Inc. (“Sponsor” or “Omaze”) is a United States, Delaware corporation and a for-profit, commercial fundraiser, technology, and media company that that leverages the power of storytelling and technology to radically change charitable giving.
2. ELIGIBILITY: The “Omaze Giving Tuesday Contest” (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. An entrant’s nominee must be a validly existing 501(c)(3) organization at the time of entry to be eligible to win. Employees, contractors, directors, officers, and agents of Sponsor, or any advertising, promotion 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 November 30, 2021 at 9:00 AM Pacific Time through December 3, 2021 at 11:59 PM 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, entrant must nominate one (1) validly existing nonprofit 501(c)(3) organization that entrant believes most deserves a reward for their charitable impact and aligns with the criteria outlined in Section 6, below (the “Nominee”) by commenting the Nominee’s active and valid Instagram account and briefly describing why Nominee is deserving of a reward within the comments of Sponsor’s dedicated “Giving Tuesday” Instagram Story on the “@Omaze” Instagram account. All entries must be made by an entrant with an active and valid Instagram account and must include an active and valid tagged Instagram account of the Nominee in order to be eligible entries for the Promotion. Each Instagram comment on the dedicated Giving Tuesday Instagram Story made by an entrant with an active and valid Instagram account that includes an active and valid tagged Instagram account of the Nominee equals one (1) entry. Entries submitted by entrants that do not have an active and valid Instagram account and/or that do not include an active and valid tagged Instagram account of the Nominee are not valid entries for the Promotion.
Entrant understands and acknowledges that entrant, not the Promotion Parties, is solely and fully responsible for any content posted by entrant in connection with entry into the Promotion (the “Content”). Entrant further represents and warrants that entrant’s Content(s) will:
(A) Comply with the rules of the applicable platform(s);
(B) Not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans.
(C) Not include any person, or personally identifiable information about anyone, other than you; and
(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, 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 phone numbers or devices in an attempt to circumvent the rules is strictly prohibited. Multiple participants are not permitted to share the same email address. 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, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters.
6. PROMOTION PRIZE WINNER SELECTION: Sponsor will conduct judging for the Promotion in its sole and absolute discretion, via a panel of three (3) judges to be selected by Sponsor in its sole and absolute discretion (“Sponsor Panel”). After the close of the Promotion Entry Period, the Sponsor Panel will evaluate each Nominee within the eligible entries and will select up to five (5) Nominees from among the eligible entries received during the Entry Period. Nominees will be evaluated by the Sponsor Panel on the following criteria, and all decisions of the Sponsor Panel are final:
(A) Is the Nominee doing good in the world in a respectful manner?
(B) Is the Nominee making a tangible impact in their community?
(C) Does the Nominee align with Omaze's five (5) virtues - (i) Grow together, (ii) Take ownership, (iii) Dream giant, (iv) Spread jot, (v) We before me?
(D) Nominee is a validly existing 501(c)(3) nonprofit organization at the time of entry.
The Nominees selected by the Sponsor Panel (each a “Potential Winner”) will be subject to verification and validation by Sponsor.
7. PRIZE WINNER NOTIFICATIONS: Potential Winner will be notified by Sponsor on or after December 6, 2021, by private, direct message on Instagram that Potential Winner has been selected. The Potential Winner will have one (1) hour to respond to Sponsor’s notification. Failure of Potential Winner to respond to Sponsor’s notification within one (1) hour 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 winner notification as undeliverable may result in disqualification and an alternate Potential Winner may be selected. If the Potential Winner responds within the specified time period, complies with the terms of these Official Rules, and completes any necessary documentation required by Sponsor and necessary to confirm and verify a Potential Winner’s eligibility and/or accept the Prize (as such term is defined in Section 8, below), as determined by Sponsor in its sole discretion, then Potential Winner shall become a “Prize Winner” or “Winner.”
8. PRIZE AND PRIZE TERMS: Each Prize Winner will receive a donation in the amount of One Thousand US Dollars ($1,000.00) directly from Sponsor (the “Prize”). The Prize consists of only those items specifically listed as part of the Prize. Limit one prize per Winner. No substitution or transfer of prize permitted by Winner.
(B) 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 Winner will be issued an IRS 1099 form for the Prize value. 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 (v) if any required documents are not timely returned within the required number of days, 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 Potential Winner in a manner deemed fair and equitable by Sponsor, even if the name of the disqualified Potential Winner 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 accepting a Prize in this Promotion, a Winner agrees to these Official Rules and grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use Winner’s name, logos, trademarks, service marks, and tradenames, provided by Winner to Sponsor, and any photographs, and/or submitted images, text or other intellectual property or information submitted by the Winner, 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: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.
WARNING: 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. Promotion Parties not responsible for any errors in these Official Rules, the Promotion materials, or the announcement of a Winner. As a condition of entering, entrants agree (and agree to confirm in writing); (a) to release 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, 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.
(A) Mandatory Arbitration of Disputes: We each agree that any dispute, claim, or controversy arising out of or relating to these Official Rules or the breach, termination, enforcement, interpretation, or validity thereof or your participation in the Promotion, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Omaze agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules and that This arbitration provision shall survive termination of these Official Rules.
(B) Class Action Waiver: You and Omaze each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 12 shall be null and void.
(C) Limited Remedies: Additionally, except as may be provided for in Subsection 13(D), below, or prohibited by law, we each agree that, any dispute, claim, or controversy arising out of or relating to these Official Rules or the breach, termination, enforcement, interpretation, or validity thereof or my participation in the Promotion, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
(D) Exceptions and Opt-out: Notwithstanding Subsections 13(A) and (B) above, we each retain the right to:
(i) seek to resolve a Claim in small claims court if it qualities; and
(ii) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of Omaze’s Legal Department at the Omaze address set out in Section 16, below, within 30 days following the date you first agree to these Official Rules. If Omaze changes any of the terms of this Section 12 after the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules), you may reject any such change by sending us written notice within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Omaze in accordance with the terms of this Section 12 as of the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).
(F) Arbitration Process and Rules: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and Omaze may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Terms.
(G) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party shall pay its costs and attorneys’ fees. If you assert a claim against Omaze, you will be responsible for paying the consumer filing fee. Omaze will pay for all other filing, administration and arbitrator fees and expenses. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
(H) Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and Omaze agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware.
(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 13, 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 90232.
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.
Copyright ©2021 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.