Omaze Staycation Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsor: Omaze, Inc. (“Sponsor”)
2. ELIGIBILITY: The “Omaze Staycation 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 August 14, 2020 at 00:00 Pacific Standard Time through August 18, 2020 at 23:59 Pacific Standard Time. 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, post an image or video in from your Instagram profile into your Instagram feed and use the hashtag #OmazeStaycation.
All entries must include the hashtag #OmazingStaycation in order to be eligible entries for the Promotion. Attempted Entries that do not include the required hashtag may not receive entry into the Promotion.
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 by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. Individuals who do not follow all of the instructions, provide all required information in their comment, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.
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. DRAWING: A random drawing will be conducted on or about August 19, 2020 by Sponsor to select three (3) prize winners, subject to verification, (the “Prize Winner” or “Winner”) from among all eligible entries received. Odds of winning depend on the number of entries received.
6. Prize winner notifications. Potential Winners will be notified on or around August 20, by private, direct message on Instagram and will be tagged on Sponsor’s Instagram Social Media Page / Sponsor’s website. Failure to respond within 5 hours 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.
7. Prize an Prize Terms. Each Prize Winner will receive a $500 Visa gift card. 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.
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.
10. 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, 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.
11. 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.
12. 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.
This Promotion is not sponsored, produced, executed, or administered by Instagram.