Omaze x Open Social 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 12 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. THE 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. ELIGIBILITY: The “Omaze x Open 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, prize supplier, 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 July 24, 2022 at 9:00 AM Pacific Time and end on July 25, 2022 at 11:59 PM 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.
4. HOW TO ENTER: During the Promotion Entry Period, entrants must follow both @Omaze and @op_e___n on Instagram and must complete each of the following actions in connection with the dedicated Omaze x Open Social Sweepstakes Instagram grid post posted on the @Omaze Instagram feed and hosted by Omaze (the “Post”): (i) “like” the Post; and (ii) comment on the Post by tagging a friend with a valid and active Instagram account ((i) & (ii) the “Entry Action”).
All entries on Instagram must be made by an entrant with an active and valid Instagram account that follows both the @Omaze and @op_e___n Instagram accounts and from which the entrant completes the Entry Action in accordance with this Section. Each entrant with an active and valid Instagram account that follows both the @Omaze and @op_e___n Instagram accounts and successfully completes the Entry Action on the Post in accordance with this Section equals one (1) entry. Entries submitted by entrants that do not have an active and valid Instagram account from which entrant submits an entrant's comment in accordance with this Section are not valid entries for the Promotion.
Entrant understands and acknowledges that entrant, not the Promotion Parties, is solely and fully responsible for any content posted by entrant in connection with the Entry Action for the Promotion (a “Post”). Entrant further represents and warrants that entrant’s Post(s) will:
By entering this Promotion, the 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 accounts or devices in an attempt to circumvent the rules is strictly prohibited. Multiple participants are not permitted to share the same email address, account, or phone number. 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, the 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 after July 26, 2022 by Sponsor to select three (3) prize winners, each subject to verification, (each a “Prize Winner” or “Winner”) from among all eligible entries received. Odds of winning depend on the number of eligible entries received during the Entry Period.
7. PRIZE WINNER NOTIFICATIONS: Each potential Winner will be notified on or after July 26, 2022, by private, direct message on Instagram. Each potential Winner will have one (1) hour to respond to Sponsor’s notification. Failure of a potential Winner 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, 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: Each Prize Winner will each receive a one (1) year subscription to Open, a platform for users to access unlimited live and on-demand breathwork, meditation, yoga, pilates, and more (the “Prize”). The Prize consists of only those items specifically listed as part of the Prize and is subject to any applicable terms and conditions of access and membership provided by the Open platform. Limit one prize per family or household. No substitution or transfer of prize permitted by Winner.
9. PUBLICITY: Except where prohibited by law, by entering into this Promotion and accepting the Prize, Winner agrees to these Official Rules and grants (and agrees to confirm this grant in writing) permission for Sponsor and those acting under its authority, including any Promotion Parties, 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, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Promotion and/or Prize 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.
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 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) 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) 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 (d) 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. 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.
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 15, below, within 30 days following the date you first agree to these Official Rules. If Omaze changes any of the terms of this Section 12 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 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 12 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 15, 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 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 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.
13. GOVERNING LAW & JURISDICTION: The Promotion and these 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 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, United States federal law and the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof. Subject to the arbitration provision and class action waiver in Section 12(B), above, exclusive jurisdiction for all Claims that are not required to be arbitrated will be in the state and federal courts located in Wilmington, Delaware, United States and you consent to the jurisdiction of those courts.
15. SPONSOR CONTACT: Omaze, Inc., PO Box 866, 9942 Culver Blvd, Culver City, CA
16. 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.
17. 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.
18. ENTIRE AGREEMENT: These Official Rules constitute the entire agreement between Sponsor and entrant with respect to the Promotion and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and entrant with respect to the Promotion.
This Promotion is not sponsored, produced, executed, administered, endorsed, or affiliated in any way with Instagram or any of its affiliates.
Copyright ©2022 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.