Omaze SMS Subscriber Sweepstakes

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 17 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.              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.             APPLICABILITY OF THE RULES: These Official Rules provide the general terms and conditions applicable to the “Omaze SMS Subscriber Sweepstakes” (the “Promotion”).

 

3.             ELIGIBILITY: The Promotion is only open to: (a) 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, and (b) valid, existing subscribers to Omaze’s SMS list. 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.

 

4.            ENTRY PERIOD: This Promotion will begin on December 31, 2022 at 12:00AM Pacific Time and ends December 31, 2022 at 11:59PM 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.

 

5.           HOW TO ENTER: To enter this Promotion, entrant must visit the Omaze.com website (the “Website”) and enter any Omaze Grand-Prize Experience on the Website via any method of entry during the Entry Period.

 

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.              ENTRY LIMITATIONS AND RESTRICTIONS:  Only accurate and complete entries submitted during the Entry Period and received by Sponsor are eligible.  Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused by mechanical, human, or electronic error, all of which are void and ineligible to win. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If in order to enter this Promotion, entrant enters a Grand-Prize Experience on the Website via the “donate and enter” method of entry as described in Section 5(A)(i) of the Grand-Prize Experience’s Official Rules provided on the Website, and entrant’s donation is refunded, then the entry associated with such donation will be withdrawn and not eligible to win. 

 

(A)           Entry Limit.  The cumulative maximum number of entries that any one person may obtain in this Promotion is one (1) entry per person (the “Entry Limit”). The Entry Limit applies to all entries, regardless of the method of entry. If an entrant exceeds the Entry Limit for this Promotion, all entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
 
(B)           Required Information. Entrants must provide all required information specified on the Promotion’s entry form to be eligible to enter and win.
 
(C)           Email Address.  Entrants may not use multiple cell phone numbers, email addresses, identities, addresses, logins, devices, or any other tactics used in an effort to receive entries over the Entry Limit.  To receive valid entries, in addition to adhering to the eligibility requirements detailed in Section 3, above, entrant must provide a valid email address for which the Participant is the authorized owner. Multiple entrants may not share the same email address.  In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter the Omaze Grand Prize Experience on the Website will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address or entries linked to an authorized account holder other than entrant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that entrant and may result in disqualification of entrant from this Promotion, at Sponsor’s discretion.
 
(D)           No Automated Entry Devices. All entries must be submitted by the individual entrant to be valid.  Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that entrant and will result in disqualification of the entrant from this Promotion, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Sponsor has the sole right and discretion to make a determination that entrant used or attempted to use any such prohibited automated entry methods.
 
(E)           Contact Details. By entering this Promotion, entrant agrees that Sponsor may be contacted via email, phone, and mail in connection with this Promotion in accordance with Sponsor’s Privacy Policy, available at https://www.omaze.com/pages/privacy.

 

7.             ENTRY CONDITIONS AND RELEASE: As a condition of entering this Promotion, entrant expressly:

 

(A)           Consents to receive information or promotional materials from Sponsor, or any of the other Promotion Parties, via email and/or mail;
 
(B)           Represents and warrants that entrant agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to this Promotion;

(C)           Releases the Promotion Parties, and any advertising platform used in connection with the promotion of this Promotion, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., ByteDance, Inc., TikTok Inc., Twitter, Inc., and any of their respective parents, subsidiaries and affiliates (collectively “Advertising Platforms”), from 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 (as such term is defined in Section 12, below);
 
(D)           Knowingly and expressly waives all rights to claim, punitive, exemplary, indirect 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;
 
(E)           Agrees that all claims, disputes, or causes of action arising out of or connected with this Promotion, or any Prize awarded, shall be individually resolved in binding arbitration, per Section 17, below, without resort to any form of class, collective or representative action;
 
(F)            Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to entrant’s 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 set forth above in this Section 7. So, some of the provisions contained in this section may not apply to every entrant.
 

8.             DRAWING: Potential winners for this Promotion (each a “Potential Winner”) will be randomly drawn from among all eligible entries received during the Entry Period.  The random drawing will be conducted on or after January 3, 2023 by Sponsor to select one (1) prize winner, subject to verification.  Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as the “Prize Winner” or “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period. 


9.             WINNER NOTIFICATION PROCESS: Each Potential Winner will be notified on or after January 3, 2023 using the email address used to enter the Grand-Prize Experience on the Website in order to enter this Promotion. Potential Winners must respond to the Potential Winner notification email within 24 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if another time frame other than 24 hours is specified).  If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to the 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. After sending the Potential Winner notification email, to the extent a phone number has been provided, Sponsor reserves the right to also contact Potential Winners via phone as well.  The return of any Prize notification or Prize as undeliverable may result in disqualification and an alternate Potential Winner may be selected.  By entering, Potential Winners expressly authorize Sponsor to name, tag, or otherwise identify Potential Winner on Sponsor’s website, social media pages, and/or in Sponsor’s other promotional materials. 

 

Some jurisdictions may prohibit Sponsor from conditioning participation on Potential Winner’s consent to publicity described in this Section.  Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Sponsor of objections via email during the Potential Winner confirmation and verification process. 

 

10.              CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the Winner eligible to receive the Prize after Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Official Rules and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to this Promotion.

 

(A)           Winner Documentation. To receive the Prize, and as part of the Winner confirmation and verification process, Potential Winner must accurately complete and timely return Sponsor’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), any other documentation reasonably required by Sponsor (where permitted by law) to confirm and verify a Potential Winner’s eligibility, as determined by Sponsor, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prize.
 
(B)           Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Potential Winner, where applicable. Participation in this Promotion constitutes entrant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner based on the results of such background check, if the Sponsor determines in its sole discretion that awarding the Prize to such Potential Winner might reflect negatively on Sponsor or any of the other Promotion Parties, or be likely to put Sponsor, any of the other Promotion Parties, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner, whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Potential Winner must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner may be disqualified and will forfeit any claim to the Prize. Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, sexual orientation, or any other protected class or status.

 

11.             WINNER DISQUALIFICATION: Reasons an entrant, Potential Winner and/or Winner may be ineligible to receive the Prize and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in these Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Sponsor, (iii) failure to provide a valid email address at the time of entry into the Grand-Prize Experience on the Website in order to enter this Promotion, (iv) failure to timely respond to the Potential Winner notification email or any other request from Sponsor, (v) Sponsor is unable to verify the identity of the Potential Winner to its reasonable satisfaction within 7 working days of the drawing of the Potential Winner, (vi) failure to timely complete and/or return the Winner Documentation and/or background check documents, (vii) failure to pass the background check to Sponsor’s full satisfaction, (viii) the provision of false, incomplete and or misleading information to or about Sponsor or any of the other Promotion Parties, (ix) the commission of any fraud or deception in connection with the Promotion, use of the Website, and/or relationship with Sponsor, (x) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part, (xi) inability to timely accept the Prize for any reason, including, but not limited to, injury or death, and (xii) the inability of Sponsor to timely award or otherwise fulfill the Prize, due to circumstances beyond Sponsor’s reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather.  
 
If a Potential Winner or Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner may be randomly drawn from the eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in these Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.

 

12.            PRIZE AND PRIZE TERMS:

 

(A)           Prize: Prize Winner will receive Ten Thousand US Dollars ($10,000.00 USD) (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.
 
(B)           Prize’s Approximate Retail Value: $10,000.00 USD
 

(C)           General Prize Terms. Unless explicitly stated otherwise, the Prize is awarded as is, without any representations or warranties, and cannot be transferred, assigned, sold, substituted, or redeemed for cash by Prize Winner. Sponsor reserves the right to substitute a prize of comparable or greater value or cash in Sponsor’s sole discretion. Some restrictions may apply.  In order to accept the Prize, Winner must accurately complete and timely return all documentation required by Sponsor.  Winner is solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winner may be required to complete and return an IRS W-9 form or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).  Sponsor will not replace any lost or stolen Prize or components of a Prize.  Winner is entitled, at Winner’s discretion, to refuse to accept some or all of the Prize(s) that the Winner is eligible to receive and, in such instances, will be deemed to have forfeited the Prize.  If at any time and for any reason, the Winner is deemed to have forfeited a Prize, in whole or in part, or fails to accept delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternate Prize or any other compensation of any kind, and Omaze shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner. Sponsor is not responsible for any change of email address, mailing address and/or cell phone number of entrants.

 

13.               PUBLICITY: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likeness, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding this Promotion, the Prize, and/or any of the Promotion Parties worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor (or the applicable Promotion Parties), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review or approval.  Winner agrees to confirm this consent in writing if requested. 

 

Some jurisdictions may prohibit Sponsor from conditioning the awarding of a Prize on Winner’s consent to publicity as described in this Section 13. Winners who are residents of such jurisdictions and who object to such publicity, must notice Sponsor of such objections via email during the Winner confirmation process.


14.              GENERAL CONDITIONS:

 

(A)  Sponsor reserves the right to cancel, suspend, and/or modify this Promotion, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of this Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion and at any time, to conduct maintenance for the Website or its systems that may suspend or otherwise impact access to this Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any individual tampering, or attempting to tamper, with the administration and/or operation of this Promotion, including without limitation the entry process or the Potential Winner draw process.

 

(B)  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF THIS PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. 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. 

 
(C)  SPONSOR RESERVES THE RIGHT TO IMMEDIATELY DISQUALIFY AN INDIVIDUAL FROM THIS PROMOTION, AND/OR PROHIBIT AN INDIVIDUAL FROM USING ANY OMAZE WEBSITE OR PARTICIPATING IN ANY FUTURE OMAZE EXPERIENCE, INCLUDING TERMINATION OF ANY SUCH INDIVIDUAL’S OMAZE WEBSITE ACCOUNT IF SUCH INDIVIDUAL IS FOUND TO BE: (A) ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITE, AND/OR THE LEGITIMATE OPERATION OF THIS PROMOTION AND/OR AN EXPERIENCE; (B) TO BREACH THE OFFICIAL RULES; OR (C) TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. 
 
(D)  IF, FOR ANY REASON, THE PROMOTION CANNOT BE RUN AS PLANNED OR IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF THE PROMOTION IS COMPROMISED, SPONSOR RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (I) CANCEL OR TERMINATE THE PROMOTION (OR ANY PORTION THEREOF); (II) MODIFY THE PROMOTION OR SUSPEND THE PROMOTION TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE PROMOTION IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (III) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.

 

15.              INDEMNIFICATION: As a condition of entry, each entrant, agrees to defend, indemnify, release and hold harmless Sponsor, all other the Promotion Parties, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting this Promotion, including Advertising Platforms, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s entry, creation of an entry or submission of an entry, participation in this Promotion, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of the Prize and/or the broadcast, exploitation or use of entry.

 

16.              LIMITATION OF LIABILITY: The Released Parties are not responsible and will have no obligation or liability for or resulting from: (i) an entrant’s entry or attempt to participate in this Promotion, (ii) incorrect or incomplete information, whether caused by an entrant, technical errors, or by any of the equipment or programming associated with or utilized in this Promotion, (iii) technical failures of any kind, including, but not limited to, outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iv) unauthorized human intervention in any part of the entry process of this Promotion; (v) technical or human error in the administration of this Promotion or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind (including, for example, SPAM filters); (vii) entrants who have committed fraud or deception in entering or participating in this Promotion or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (x) any damages, injuries, or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss, or misdirection of any Prize or resulting from participating in the Promotion or Prize related activities. If for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in this Promotion.

 

17.               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 this 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 17 shall be null and void.
 
(C)           Limited Remedies: Additionally, except as may be provided for in  Subsection 17(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 this 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 17(A) and (B) above, we each retain the right to:

 

(i)             seek to resolve a Claim in small claims court if it qualifies; 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 20, below, within thirty (30) days following the date you first agree to these Official Rules. If Omaze changes any of the terms of this Section 17 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 thirty (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 17 as of the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).


(E)           Dispute Resolution and Notification of Claims: Prior to bringing a Claim you and Omaze each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution.  To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party.  All Notices to Omaze must be sent to the Omaze address set out in Section 20, below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within forty-five (45) days after receipt of the Notice, then you or Omaze may initiate arbitration proceedings as set out below.

 

(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 four (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.

 

18.              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.

 

19.              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.

 

20.               SPONSOR CONTACT: Omaze, Inc., PO Box 866, 9942 Culver Blvd, Culver City, CA

 

21.               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.

 

22.               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.

 

23.              ENTIRE AGREEMENT:  These Official Rules constitute the entire agreement between Sponsor and entrant with respect to this Promotion and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and entrant with respect to this Promotion.

 

This Promotion is not sponsored, endorsed, or affiliated in any way with Attentive and/or any advertising platform used in connection with the promotion of any this Promotion and/or any Experience, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., ByteDance, Inc., TikTok Inc., Twitter, Inc., and any of their respective parents, subsidiaries, and affiliates.

 

Copyright ©2022 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.