Omaze Mother’s Day 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 Mother’s Day 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. Any individual tagged by entrant pursuant to Section 4, below, must also be a legal resident  of the 50 United States and D.C., who is at least 18 years of age or older as of 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 May 5th at 6AM PT through May 6th at 11:59PM PT (the “Entry Period”). All entries must be received before the Promotion Entry Period end time/date to be valid.

4. HOW TO ENTER: During the Promotion Entry Period, entrant must follow @Omaze on Instagram, post a comment on Omaze’s dedicated Mother’s Day grid post and tag another individual’s active, valid Instagram account (the “Tagged Friend”). 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  Tagged Friend in order to be eligible entries for the Promotion. Each entrant with an active and valid  Instagram account that successfully comments, with a valid Tagged Friend, equals one (1) entry. Entries  submitted by entrants that do not have an active and valid Instagram account and/or that do not successfully  tag an active Instagram account for the Tagged Friend are not valid entries for the Promotion. 

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: 

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.  

6. DRAWING: A random drawing will be conducted on or after May 7, 2021 by Sponsor to select one (1) prize winner, subject to verification, (the “Prize Winner” or “Winner”) from among all eligible entries received. Prize Winner’s Tagged Friend will also be subject to verification. Odds of winning  depend on the number of entries received.  

7. PRIZE WINNER NOTIFICATIONS: Potential Winner and potential Winner’s Tagged Friend will be notified together on or after May 7, 2021, by private, group, direct message on Instagram that potential Winner has been selected as a potential Winner. The potential Winner and the  potential Winner’s Tagged Friend will have one (1) hour to respond to Sponsor’s notification. Failure of  potential Winner and/or the Tagged Friend 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 and to such alternate potential Winner’s  Tagged Friend, 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 $300 Amex gift card to keep and $300 Amex gift card for Prize Winner’s Tagged Friend. 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. 

A. Total prize value: Up to $600 ($300 Amex gift card for Prize Winner to keep and $300 Amex gift card for Prize Winner’s Tagged Friend).

B. General Prize Terms. Prize is non-transferable and no substitution of Prize is offered, except at the sole discretion of the Sponsor. If a 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 and a potential Winner’s Tagged Friend are subject to verification, including verification of age. If a potential Winner and/or Tagged Friend 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 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 Winners and a Potential Winner’s Tagged Friend 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 entering into this Promotion, entrant agrees to these Official Rules and grants (and agrees to confirm this grant in writing) 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 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. Except where prohibited by law, by accepting a prize in this Promotion, the Winner’s Tagged  Friend 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 his/her name and likeness, including  social media handles and photographs, and/or submitted images, text or other intellectual property of the  Winner’s Tagged Friend, 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: Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may  be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes  set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and  Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered  in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and  Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and  applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the  claimant is able to 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 deems necessary to prevent the arbitration from being cost-prohibitive. If any  part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims  will not be arbitrated on a class or representative basis), 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. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims  will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall  be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall  be completed within sixty days after the demand for arbitration is made, unless further extended by mutual  agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH  SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS  MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE  ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR  PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO  NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE  WITH THESE OFFICIAL RULES. 

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT  PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF  ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED,  WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH  ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) 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. SOME  JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET  FORTH ABOVE AND IN SECTION 9(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY  ENTRANT. 

13. GOVERNING LAW & JURISDICTION: This Promotion and its 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 Promotion  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, the laws of the State of California, U.S.A., without  giving effect to the conflict of laws rules thereof, and any matters of proceedings which are not subject to  arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an  arbitration award, shall take place in the State of California, in the County of Los Angeles. 

14. ENTRANT’S PERSONAL INFORMATION: Please see the privacy policy located at https://www.omaze.com/pages/privacy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Promotion. If you are selected as a winner, your information  may also be included in a publicly available winner’s list. 

This Promotion is not sponsored, produced, executed, or administered by Instagram.