Omaze Owards 2021 Official Contest Rules
NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SPONSOR, RELATING TO YOUR PARTICIPATION IN THIS CONTEST WILL BE RESOLVED. FOR EXAMPLE, SECTION 12 INCLUDES AN ARBITRATION PROVISION 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).
OMAZE OWARDS CONTEST 2021
Official Contest Site | http://omazeowards.com/
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 OWARDS CONTEST 2021” (the “Contest”) 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. An entrant’s nominee must be a validly existing 501(c)(3) organization at the time of entry to be eligible to win. The following parties are not eligible to enter the Contest and submit a nominee or win: (i) employees, directors, officers, and agents of Sponsor, including its affiliates, subsidiaries, and representatives; (ii) any individual on the Sponsor Panel; (iii) any nonprofit organization represented by a judge on the Sponsor Panel; and (iv) a nonprofit organization if its founder(s), director(s), and/or officer(s) is an immediate family member (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside and/or whether or not related) of a Sponsor employee, director and/or officer. 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.
3. CONTEST ENTRY PERIOD: The nomination entry period for the Contest will begin on September 27, 2021 at 9:00 am Pacific Time through October 1, 2021 at 11:59 pm Pacific Time (the “Entry Period”). All entries must be received during the Entry Period and before the Contest Entry Period’s end time/date to be valid. Sponsor is the official timekeeper.
4. HOW TO ENTER: During the Contest Entry Period, go to omazeowards.com and fill out all required fields of the Nomination Form to nominate one (1) validly existing nonprofit 501(c)(3) organization that entrant believes most deserves a reward for their charitable impact and aligns with the criteria outlined in Section 5(A), below (the “Nominee”).
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, addresses, logins, or devices in an attempt to circumvent the rules is strictly prohibited. Multiple participants are not permitted to share the same email address. Incomplete or inaccurate entries, or entries made by 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. 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.
Entrant understands and acknowledges that entrant, not the Contest Parties (as such term is defined in Section 11, below), is solely and fully responsible for any content posted by entrant in connection with a nomination for the Contest. Entrant further represents and warrants that the content of entrant’s nomination will:
(A) Comply with the rules of the applicable platform(s);
(B) Not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans;
(C) Not include any person, or personally identifiable information about anyone, other than you; and
(D) 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 Contest, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters.
5. CONTEST WINNER SELECTION:
(A) Finalist Selection: Sponsor will conduct judging for the Contest in its sole and absolute discretion, via a panel of judges as selected by Sponsor in its sole and absolute discretion (“Sponsor Panel”). After the close of the Contest Entry Period, the Sponsor Panel will evaluate each Nominee within the eligible entries and will select three (3) Nominees as potential finalists from among the eligible entries received during the Entry Period. Nominees will be evaluated by the Sponsor Panel on the following criteria identified in Subsections 5(A)(i) – (iv), below, and the Nominees will be scored in each category by each judge on a scale of one to five (five being the highest). All decisions of the Sponsor Panel are final:
(i) Nominee is maximizing their ripple effect—the organization has an inclusive and sustainable model, and the work they’re doing will continue to impact the broader community.
(ii) Nominee dreams giant, no matter the size of the organization. Whether a one person team or a staff of many, they work efficiently to optimize resources and accomplish their mission.
(iii) Nominee is making a tangible difference for the people they serve and has video, photo and/or testimonial evidence to validate this.
(iv) Nominee is a validly existing 501(c)(3) nonprofit organization at the time of entry.
If a Nominee is selected by the Sponsor Panel, then the Nominee will become a potential “Finalist,” and will be subject to verification and validation. Each potential Finalist will be notified by Sponsor after the close of Entry Period and on or around October 5, 2021, by email. Failure by a potential Finalist to respond within twenty-four (24) hours of notification from Sponsor will result in forfeiture of potential Finalist status and Sponsor shall have, in its sole and absolute discretion, the option to move forward with alternate potential Finalists. Each potential Finalist will need to submit to be validated by Charities Aid Foundation of America (“CAF America”) as being eligible to receive grants from CAF America in order to be an eligible Finalist. In addition, each potential Finalist must agree to be featured as a Finalist for the Contest and must complete and sign Sponsor’s customary release in connection with Sponsor’s use of Finalist’s name, logos, trademarks, service marks, and trade names, and any other information provided by Finalist to Omaze to identify Finalist in any promotion for the Contest, and/or any other document necessary to confirm and verify a Finalist (the “Finalist Documentation”). Any potential Finalist who cannot be timely verified, for any reason, by CAF America as eligible to receive grants from CAF America or who does not accurately complete and timely return the Finalist Documentation is ineligible and will be disqualified, and Sponsor shall have, in its sole and absolute discretion, the option to move forward with alternate potential Finalists. Once the three (3) Finalists have been selected and verified, they will be publicly announced so that participants may elect the winner(s) by public vote. Finalists will be publicly announced on October 25, 2021.
(B) Winner Selection: The Winners (as defined herein) will be determined by public vote. Public voting will take place by use of a form on omazeowards.com during the period commencing on October 25, 2021 at 9:00 am Pacific Time and ending October 27, 2021 at 11:59 pm Pacific Time (the “Voting Period”). Limit of one (1) vote per person. Use of any robotic, automatic, programmed, or similar entry method or voting more than the number of times permitted will void all of participant’s votes and result in disqualification. You may not vote more times than indicated. Using multiple email addresses, identities, addresses, logins, or devices in an attempt to circumvent the rules is strictly prohibited. Multiple participants are not permitted to share the same email address. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled votes, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. The Finalist with the most votes will win first place, subject to confirmation and verification as provided in Section 7, below (the “First Place Winner”). The Finalist with the second to most votes will win second place, subject to confirmation and verification as provided in Section 7, below (the “Second Place Winner”). The First Place Winner and the Second Place Winner may also individually be referred to herein as a “Winner” and collectively as the “Winners.” All decisions by Sponsor concerning all matters related to this Contest are final.
6. WINNER NOTIFICATION PROCESS: Each potential Winner will be notified after completion of the Voting Period by email. Potential Winners must respond to the potential Winner notification within 24 hours of it being sent (or the time frame indicated in the potential Winner notification, if another time frame other than 24 hours is specified). If a potential Winner fails to respond to the notification within the stated period, potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prize(s) (as such term is defined in Section 8, below). The return of any potential Winner 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. 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. To be confirmed and verified as eligible to win, a potential Winner 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 and all issues related to the Contest. To receive the Prize(s), 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 and/or any other document necessary to confirm and verify a potential Winner’s eligibility and/or accept the Prize(s), 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 Prizes(s).
8. PRIZE AND PRIZE TERMS:
(i) First Place Winner: The First Place Winner will receive a trophy and will be recommended as a designated grantee by Omaze for a monetary grant from Charities Aid Foundation America (“CAF America”) out of the net donations raised by a future Omaze sweepstakes promotion on the Omaze.com website (an “Experience”) run by Omaze as part of CAF America’s fundraising campaign (the “First Place Prize”). The Experience for which the First Place Winner will be a designated grantee shall be determined by Omaze in its sole and absolute discretion, and such Experience may also support additional designated grantees in Omaze sole and absolute discretion. All grants made by CAF America will be made at CAF America’s sole discretion, and in accordance with CAF America’s grantmaking policies and procedures. CAF America may withhold grants and/or refuse to issue grants in the event the First Place Winner fails to maintain eligibility per CAF America’s grant-making policies, to the extent its Board of Directors reject a grant recommendation, or CAF America reaches a determination that it cannot remit a grant to the First Place Winner without violating applicable laws. CAF America (Federal Tax ID #43-1634280) is a globally recognized United States 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. The approximate retail value of the First Place Prize is subject to the actual grants received by First Place Winner from CAF America in connection with the Experience.
(ii) Second Place Winner: The Second Place Winner will receive $15,000.00 USD (the “Second Place Prize”). The approximate retail value of the Second Place Prize is $15,000.00 USD.
(B) General Prize Terms: The First Place Prize and Second Place Prize (each a “Prize” and collectively the “Prizes”) are non-transferable and no substitution of a 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 a Prize with another prize of equal or greater value. 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. Winner will be issued an IRS 1099 form for the Prize value. A Prize will only be awarded to a verified and eligible Winner and may not be assigned. Potential Winners are subject to verification. If 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 the Winner Documentation is not timely returned within the required number of days, then potential Winner will 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 potential Winner in a manner deemed fair and equitable by Sponsor, even if the name of the disqualified potential Winner may have been publicly announced.
9. PUBLICITY: Except where prohibited by law, by entering into this Contest, entrant agrees to these Official Rules and 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 photographs, and/or images, text or other intellectual property or information submitted by the entrant, 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. Except where prohibited by law, by consenting to be featured as a Finalist for the Contest, Finalist agrees to these Official Rules and grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use Finalist’s name, logos, trademarks, service marks, and tradenames, provided by Finalist to Sponsor, and any photographs, and/or images, text or other intellectual property or information submitted by the Finalist, 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. Except where prohibited by law, by accepting a Prize in this Contest, a Winner agrees to these Official Rules and grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use Winner’s name, logos, trademarks, service marks, and tradenames, provided by Winner to Sponsor, and any photographs, and/or submitted images, text or other intellectual property or information submitted by the Winner, 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.
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 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.
11. LIMITATION OF LIABILITY & RELEASE: NO LIABILITY OR RESPONSIBILITY IS ASSUMED BY SPONSOR OR ITS PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND ALL OF THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR ANY INDIVIDUAL ON THE SPONSOR PANEL OR ANY ORGANIZATION REPRESENTED BY A JUDGE ON THE SPONSOR PANEL (COLLECTIVELY “CONTEST PARTIES”) RESULTING FROM THE ENTRANT’S PARTICIPATION OR ATTEMPT TO PARTICIPATE IN THE CONTEST. CONTEST PARTIES ARE 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 the Contest Parties from any and all liability, loss or damage or expense arising out of or in connection with participation in this Contest or the acceptance, use, or misuse of any prize; (b) that 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 Contest, 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 Contest 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 Contest; by any human error which may occur in the processing of the entries in this Contest; or any typographical, technological, or other error in the publishing of the offer, administration of the Contest, 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 Contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, Sponsor reserves the right to, in its sole discretion, cancel or modify this Contest 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.
(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 the Contest, 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 12 shall be null and void.
(C) Limited Remedies: Additionally, except as may be provided for in Subsection 12(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 the Contest, 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 12(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 16, 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 16, 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-comprehensivearbitration/#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 Official Rules.
(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.
13. GOVERNING LAW & JURISDICTION: The Contest 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 Contest, 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 Section12, 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. RESULTS: A list of Winners will be available at omazeowards.com.
16. SPONSOR CONTACT: Omaze, Inc., PO Box 866, 9942 Culver Blvd, Culver City, CA 90232.
17. 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.
18. 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.
19. ENTIRE AGREEMENT: These Official Rules constitute the entire agreement between Sponsor and entrant with respect to the Contest and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and entrant with respect to the Contest.
Copyright ©2021 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.