Omaze Standing O Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Omaze Standing O Contest (the “Contest”) is open to: legal residents of US ONLY, who are at least 18 years of age or older, all at the time of entry. Nonprofit nominees must be 501(c)(3) organizations to be considered. Employees, contractors, directors, officers, and agents of Omaze, Inc. (“Sponsor”), their affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Omaze, Inc.
3. Contest Entry Period: Beginning September 14, 2020 and ending September 27, 2020 at 11:59:00 pm PT (the “Contest Entry Period”). All entries must be received before the Contest Entry Period end time/date to be valid.
4. How to Enter: During the Contest Entry Period, go to standingoawards.com and fill out all required fields of the form to nominate an individual or nonprofit organization you think most deserves a reward for their charitable impact.
Incomplete or inaccurate entries, or entries made by individuals who do not follow all of the instructions and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. 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.
5. Contest Prize Winner Selection/Selection Date: Sponsor will conduct judging for the Contest. At the conclusion of the Contest Entry Period, a panel of judges, as selected by Sponsor in its sole and absolute discretion, will evaluate all eligible nominees and select three (3) semi-finalists in the individual category and three (3) semi-finalists in the nonprofit organization category. Nominees will be evaluated on the following criteria, and will be ranked by each judge on a scale from one to five:
- Is the nominee doing good in the world in a respectful manner?
- Is the nominee making a tangible impact in their community?
- Does the nominee align with Omaze’s virtues? (Grow together, Take ownership, Dream giant, Spread joy, We before me)
Semi-finalist for the nonprofit organization category will be notified by Omaze and will need to submit to be validated by Charities Aid Foundation of America (CAFA) as being eligible to receive grants from CAFA. Any semi-finalist(s) who cannot be timely verified, for any reason, by CAFA as eligible to receive grants from CAFA are ineligible and will be disqualified. Failure to respond within 24 hours will result in forfeiture of semi-finalist status and Sponsor shall have, in its sole and absolute discretion, the option to move forward with alternate semi-finalist(s).
Once the semi-finalists are selected, they will be publicly announced so one winner in each category will be elected by public vote. The individual and nonprofit organization with the most votes will win. Public voting will take place by use of a form on standingoawards.com, or other voting mechanism selected by Sponsor.
Limited to (1) vote per person. Use of any robotic, automatic, programmed, or similar voting method or voting more than the number of times permitted will void all votes. You may not vote more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
All decisions by Sponsor concerning all matters related to this Contest are final.
6. Winner Notification: The Prize Winners will be notified on or around November 12, 2020.
The winner notification will be announced via the email address provided in the entry form used to nominate the Prize Winner.
The return of any prize notification or prize as undeliverable may result in disqualification and an alternate Winner may be selected. Sponsor shall have, in its sole and absolute discretion, the option to replace any disqualified Winner(s).
7. Prize and Prize Terms: One (1) individual Prize Winner will receive US $10,000.00.
One (1) nonprofit organization Prize Winner will receive a grant from CAFA* out of the net donations raised by a future Omaze sweepstakes run as part of CAFA’s fundraising campaign. All grants made by CAFA will be made at CAFA's sole discretion, and in accordance with CAFA’s grantmaking policies and procedures. CAFA may withhold grants and/or refuse to issue grants to the extent that its Board of Directors reject a grant recommendation or CAFA reaches a determination that it cannot remit a grant to the Prize Winner without violating applicable laws.
*Charities Aid Foundation of America (“CAFA”) is a public charity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended that sponsors donor advised funds, offers restricted fund services, and raises charitable funds from members of the public so that it may make monetary grants to other charitable entities or causes, both foreign and domestic.
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 it, in whole or in part, is used. Individual 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 is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a Winner is otherwise unable or unwilling to accept and claim the Prize as stated, 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 one (1) business day 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.
8. 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 Contest 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 Contest, 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 Contest, 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 Contest 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 CONTEST 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.
9. Publicity: Except where prohibited by law, 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, photograph, video and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
10. Release: No liability or responsibility is assumed by Sponsor resulting from the entrant’s participation or attempt to participate in the Contest. Sponsor is not responsible for any errors in these Official Rules, the Contest materials, or the announcement of a Winner. As a condition of entering, entrants agree (and agree to confirm in writing); (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Contest Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or 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) all causes of action arising out of or connected with this Contest, 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 shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
11. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration 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.
12. Governing Law & Jurisdiction: This Contest 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 Contest Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, 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.