Random Acts of Kindness Day Contest
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 Random Acts of Kindness Day Contest (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. If entrant nominates an organization for the Promotion, then the organization must be validly existing at the time of entry to be eligible to win, and if entrant nominates an individual for the Promotion, then the individual must 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 February 17, 2021 at 9AM PT through February 17, 2021 at 1:00PM 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 nominate one (1) individual or one (1) organization that entrant believes most deserves a reward for their charitable impact (the “Nominee”) by tagging the Nominee’s active and valid Instagram account and briefly describing why Nominee is deserving of a reward within the comments of Sponsor’s dedicated “Random Acts of Kindness” Instagram grid post on the “@Omaze” Instagram account.
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 Nominee in order to be eligible entries for the Promotion. Each Instagram post made by an entrant with an active and valid Instagram account that includes an active and valid tagged Instagram account of the Nominee equals one (1) entry. Entries submitted by entrants that do not have an active and valid Instagram account and/or that do not include an active and valid tagged Instagram account of the Nominee 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 any content posted by entrant in connection with the Promotion (a “Post”). Entrant further represents and warrants that entrant’s Post(s) will:
1. Comply with the rules of the applicable platform(s);
2. Not include the intellectual property of other parties, including any third party music, photographs, artwork, trademarks, logos, or slogans;
3. Not include any person, or personally identifiable information about anyone, other than you; and
4. Not include content that is unlawful, defamatory, discriminatory, obscene, offensive, harassing, or has the purpose or effect of creating an intimidating or hostile environment.
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. PROMOTION PRIZE WINNER SELECTION: Sponsor will conduct judging for the Promotion in its sole and absolute discretion, via a panel of three (3) judges to be selected by Sponsor in its sole and absolute discretion (“Sponsor Panel”). After the close of the Promotion Entry Period, the Sponsor Panel will evaluate each Nominee within the eligible entries and will select up to ten (10) Nominees from among the eligible entries received during the Entry Period. Nominees will be evaluated by the Sponsor Panel on the following criteria, and all decisions of the Sponsor Panel are final:
- 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 five (5) virtues – (i) Grow together, (ii) Take ownership, (iii) Dream giant, (iv) Spread joy, and (v) We before me?
If a Nominee is selected by the Sponsor Panel, then the entrant who nominated the Nominee (the “Nominator”) will be subject to verification. The Nominees selected by the Sponsor Panel (the “Potential Winner”) will be subject to verification.
7. PRIZE WINNER NOTIFICATIONS. Nominator will be notified by Sponsor on or after February 17, 2021 by direct message on Instagram that Nominator’s Nominee has been selected as a Potential Winner. The Nominator will have one (1) hour to respond to Sponsor’s notification. If Nominator responds within the requisite time period, then the Potential Winner nominated by the Nominator will also be notified by Sponsor on or after February 17, 2021 by direct message on Instagram that Potential Winner has been selected. Potential Winner will have twenty-four (24) hours to respond to Sponsor’s notification of selection. Failure of Nominator and/or Potential Winner to respond to Sponsor’s notification within the respective time period provided herein will result in forfeiture of the prize and Sponsor shall have, in its sole and absolute discretion, the option to move forward with selecting alternate Nominees as Potential Winners from the eligible entries and award the prize to an alternate Potential Winner, 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. If both the Nominator and the Potential Winner respond to Sponsor within the specified time period and each comply with the terms of these Official Rules, then Potential Winner shall become a “Prize Winner” or “Winner.”
8. PRIZE AND PRIZE TERMS. In the event the Prize Winner is an organization, Sponsor shall donate $100 directly to such Prize Winner in the name of the Prize Winner’s Nominator. In the event the Prize Winner is an individual person, then Prize Winner will receive a $100 Amex Gift Card. Prize consists of only those items specifically listed as part of the prize within this Section 8. Limit one prize per family or household. No substitution or transfer of prize permitted by Prize Winners.
Total prize value: $100.00 for each Prize Winner, for up to ten (10) Prize Winners
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. Nominators and Potential Winners are subject to verification, including verification of age. If a Nominator and/or a Potential Winner 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 Nominator’s entry may be disqualified, and the Prize may be forfeited in Sponsor’s sole discretion. In the event that a Nominator’s entry is disqualified for any reason, Sponsor reserves the right to award the Prize to an alternate Nominee who will also be selected in a manner consistent with the evaluation criteria provided in Section 6 above, even if the name of the Nominee within such disqualified entry may have been publicly announced.
Nominators and Winners 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 Potential Winner 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. The Nominator will receive credit for their nomination of Prize Winner via Sponsor tagging the Nominator’s Instagram account on Sponsor’s dedicated “Random Acts of Kindness” Instagram grid post and Instagram story on the “@Omaze” Instagram account on or after the close of the Promotion Entry Period. 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 entrant, 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. Except where prohibited by law, by accepting a prize in this Promotion, 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 and likeness, including social media handles and photographs, and/or submitted images, text or other intellectual property of the Winner, 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.
This Promotion is not sponsored, produced, executed, or administered by Instagram.