Omaze Mental Health Month Social Sweepstakes Official Rules
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”)
2. ELIGIBILITY: The “Omaze Mental Health Month Social Sweepstakes” (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 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 May 21, 2021 at 6:00 AM Pacific Standard Time through May 23, 2021 at 11:59 PM Pacific Standard 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 follow @Omaze on Instagram, post a comment on Omaze’s dedicated Mental Health post and share entrant’s favorite self-care tip in the comment. Each entrant with an active and valid Instagram account that successfully comments on Omaze’s dedicated Mental Health post with a self-care tip during the Entry Period will receive one (1) entry. Posted comments that do not share a self-care tip are not valid.
Entrant understands and acknowledges that entrant, not the Promotion Parties, is solely full responsible for any content any content posted by entrant in connection with the Promotion (a “Post”). Entrant further represents and warrants that entrant’s Post(s) will:
- Comply with the rules of the applicable platform(s);
- Not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans;
- Not include any person, or personally identifiable information about anyone, other than you; and
- 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 email addresses, identities, 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. DRAWING: A random drawing will be conducted on or about May 24, 2021 by Sponsor to select five (5) prize winners, subject to verification (each a “Prize Winner” or “Winner”), from among all eligible entries received. Odds of winning depend on the number of entries received.
7. Prize winner notifications. Potential Winners will be notified on or around May 24, 2021, by direct message on Instagram and will be tagged on Sponsor’s Instagram Story and dedicated in-feed post. Failure to respond 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 Winners. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate Winner may be selected.
8. Prize and Prize Terms. Prize Winners will receive a one (1) year subscription to Headspace, subject to any subscription limitations provided by Headspace (the “Prize”). 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 Winners.
a. Total Prize value: $69.99 for each one (1) year subscription (for a total Prize value of $349.95 for five (5) Prize Winners)
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 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 if any required documents are not timely returned within the required number of days, then 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. Winners 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. Prize won by an eligible entrant who is a minor in his/her state of residence, or who is otherwise unable to provide consent, will require parent or legal guardian to sign and return all required documents. 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 the Prize, Prize Winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority 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, for Sponsors 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 (or their parent or legal guardian, as applicable) 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) 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 (c) 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. Entrant understands and agrees that entrant waives entrant’s right to sue or go to court to assert or defend entrant’s rights connection with entrant’s participation in this Promotion. As a condition of participation, entrant and Sponsor agree that any dispute, controversy or claim arising out of or relating to this Promotion, including the determination of the scope or applicability of this arbitration provision (each a “Claim”) shall be resolved exclusively by binding arbitration under the 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. ENTRANT AND SPONSOR ALSO AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION; (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH ENTRANT AND SPONSOR WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. The arbitration may be conducted via telephone, written submissions, or in-person in a mutually agreed location. The arbitrator shall be selected according to the JAMS Rules. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. 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 entrant and Sponsor. Entrant agrees that entrant will equally split the arbitrator’s fees and expenses with Sponsor, and entrant and Sponsor shall pay its costs and attorneys’ fees. If the claimant can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding the foregoing, 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. 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. Entrant and Sponsor 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. 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. Notwithstanding the foregoing, entrant or Sponsor may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. For any Claims brought by that are not subject to arbitration, if any, entrant and Sponsor each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Wilmington County, Delaware (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.
13. Governing Law & Jurisdiction: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this 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.
This Promotion is not sponsored, produced, executed, or administered by Instagram.