U.S. House Website Official Rules
NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SPONSOR, RELATING TO YOUR PARTICIPATION IN ANY EXPERIENCE, WILL BE RESOLVED. FOR EXAMPLE, SECTION 14 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION THAT REQUIRES CLAIMS TO BE SUBMITTED TO ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND LIMITS YOUR ABILITY TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS PART OF OR ON BEHALF OF ANY A CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE CLAIM OR PROCEEDING).
OMAZE U.S. HOUSES WEBSITE
NO PURCHASE, PAYMENT OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE CHANCES OF WINNING.
Omaze, Inc. (referred to herein as “Omaze” or “Sponsor”) is a for-profit, commercial fundraiser, technology and media company that has an online fundraising platform that leverages the power of storytelling and technology to radically change charitable giving. The Omaze U.S. House website (home.omaze.com) (the “Website”) allows almost anybody (see restrictions below) to enter a sweepstakes hosted on the Website (each an “Experience”).
All entries into an Experience have an equal chance of winning. There are lots of laws in place to protect Experience participants (“Participants”) and to ensure everything’s fair. Before entering, please enjoy these long, detailed Official Rules, which provide the general terms and conditions applicable to every Experience on the Website. Each Experience also has its own, additional, Experience-specific terms and conditions (found on the Experience’s webpage on the Website, under the section “Stuff Our Lawyers Want You to Read”) (the “Experience Rules”). Usually the Experience Rules provide extra information and requirements. However, if there is a conflict or inconsistency between these Official Rules and the Experience Rules, the Experience Rules will govern. Any reference in the “Official Rules” with respect to any specific Experience will be deemed to be a reference to both these Official Rules and the applicable Experience Rules, taken as a whole.
In order to be eligible to enter an Experience or receive a prize, a Participant must fully comply with the Official Rules. Entry into any Experience constitutes Participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters relating to the Website and any and all Experiences. Each Experience is subject to all applicable international, federal, state, and local laws and regulations, and is void where prohibited.
1. ELIGIBILITY: Unless otherwise provided in the Experience Rules, Experiences are open to individuals who are (i) are at least 18 years of age or older at time of entry and (ii) legal residents of the United States and most countries around the world. However, any individuals who fall into the “Prohibited Persons” categories listed in section (A), below, and/or who are residents of any country or jurisdiction listed as “Prohibited Jurisdictions,” in section (B), below, are not permitted to enter and are not eligible to win. Any entry submitted by such prohibited person(s) will be void.
(A) PROHIBITED PERSONS. The following individuals are not eligible to enter or win: (i) any grand prize Winner in a Grand-Prize Experience (as defined in Section 2(A), below) in the immediately preceding 18-month period, or (ii) any employees, officers, and directors of Omaze, Charities Aid Foundation America (“CAFA”), the non-profit(s) beneficiaries who receive (or who are anticipated to receive) grants from CAFA out of the net donations raised by a particular Experience (each a “Designated Grantee”), any celebrity, brand, or prize partners involved with a particular Experience, or any service provider or other partner of Sponsor who provides any services, in connection with an Experience or any affiliates of such entities, (collectively, the “Experience Partners”) and members of Experience Partner’s immediate families (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household (whether or not related) are not eligible to enter or win.
(B) PROHIBITED JURISDICTIONS: All countries on the United States’ list of embargoed countries, Belgium, Cuba, Iran, Iraq, Italy, North Korea, Singapore, Sudan, Syria, Thailand, Australia, the province of Quebec, and any other country where local laws would prohibit entry into an Experience.
2. HOW TO ENTER: Each Experience will have a starting date and time and ending date and time (the “Entry Period”) as specified in the Experience Rules. All entries must be received before the Entry Period end time/date to be valid. Sponsor will be the official timekeeper for all Experiences.
(i) Entries in Connection with Donation. Visit home.omaze.com), and click the “Enter Now” from the Experience-specific webpage, and make a donation by choosing a donation amount and following the instructions to provide your name, contact and payment information. Upon receipt of a donation, a donor will automatically receive the certain number of entries into the applicable Experience, depending on the dollar value of the donation, as specified on the Experience webpage. Individuals may donate as many times as desired, but for each Experience a Participant is limited to the applicable maximum Entry Limit (as defined below).
(ii) Enter for Free. To enter for free, visit home.omaze.com), and click the “Enter Now” button from the Experience-specific webpage, click on the “enter without contributing” link and follow the instructions to complete the “Alternative Method of Entry” form and then submit the completed form. Upon receipt of a complete “Alternative Method of Entry” form, a Participant will automatically receive 550 entries into that Experience. Individuals may submit the “Alternative Method of Entry” form as many times as desired, but for each Experience a Participant is limited to the applicable maximum Entry Limit (as defined below).
(B) SECONDARY PROMOTIONS. From time to time, Sponsor may, in its sole and absolute discretion, host other, secondary Experiences on the Website (each a “Secondary Promotion”), whereby Participants of certain Grand-Prize Experiences will also be automatically entered into the Secondary Promotion. Unless otherwise stated in the Experience Rules of the applicable Secondary Promotion, the only method of entry into such Secondary Promotions would be through Participation in an eligible Grand-Prize Experience. All Participants in the eligible Grand-Prize Experience(s) will receive the same number of entries into the Secondary Promotion up to the Secondary Promotion’s Entry Limit, regardless of method of entry(ies) into the eligible Grand-Prize Experience(s).
3. ENTRY LIMITATIONS AND RESTRICTIONS:
(B) ONE VALID EMAIL ADDRESS PER PARTICIPANT. Using multiple email addresses, identities, or devices in an attempt to circumvent the Official Rules, including the Entry Limit, is strictly prohibited and will void all entries for that Participant and result in disqualification of the Participant. Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or winners may be required to show proof of being the authorized account holder or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
(C) ENTRIES MUST BE COMPLETE, RECEIVED AND NOT RETURNED. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for other submission problems of any kind, whether caused mechanical, human or electronic. Only fully completed entries submitted during the Entry Period and actually received by Sponsor are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn.
(D) NO AUTOMATED ENTRY DEVICES. All entries must be actually submitted by the individual Participant to be valid. Use, or attempted use, of any robotic, automated, programmed, or similar entry method, will void all entries for that Participant and result in disqualification of the Participant. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted.
4. ENTRY CONDITIONS AND RELEASE: As a condition of entering any Experience, Participant expressly:
Some jurisdictions do not allow the limitations or exclusion of liability set forth above in this section 4, and so some of the provisions contained in this section may not be applicable to every Participants.
5. WINNER DRAWINGS: Potential winner(s) of an Experience (the “Potential Winner”) will be randomly drawn from among all eligible entries received. The drawing will take place on or around the end of the Entry Period, or as specified on the applicable Experience-specific rules. The drawing and awarding of the Prize will be conducted by Sponsor. Once confirmed and verified, an Experience winner is referred to herein as a “Winner.” Odds of winning depends on the number of eligible entries received during the Entry Period.
6. PRIZE WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Experience and may be awarded the prize subject to confirmation of verification of eligibility and compliance with the terms of these Official Rules. Potential Winners must respond to the Winner initial notification email within 24 hours of it being sent, or some other timeframe indicated in the official winner notification email. If a Potential Winner fails to respond to the notification email within the stated time period, then that Potential Winner may be disqualified and will forfeit any claim to any of the prize(s).
Potential Winners, as well as confirmed Winners, may be named, tagged or otherwise identified on Sponsor’s website(s), Sponsors other promotional materials and/or on Sponsor’s social media pages.
7. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: Potential Winners must be willing and able to claim and/or accept the prize(s) in full in the time period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means sponsor shall deem appropriate. In order to be verified and confirmed as a Winner, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, and verification of the winner, and all matters related to an Experience. In addition to all of the other requirements stated in these Official Rules, if the Potential Winner is a Canadian resident, (s)he will be required to correctly answer a mathematical skill-testing question in order to be eligible to be declared the Winner.
In the event that a Potential Winner or Winner is determined to be ineligible and/or disqualified, an alternate Potential Winner may be randomly drawn from among the remaining eligible entries and notified as per the procedures outlined in the official rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures in connection with the selection of alternate Potential Winner, if any.
If for any reason a Potential Winner or Winner chooses to reject some or all of the prize, or fails to timely accept the delivery of prize, Sponsor shall have no obligation to award the rejected or unclaimed portion of any prize to an alternate winner.9. PRIZES: Winners will receive the prize(s) identified on each Experience’s webpage (each a “Prize”). The specifics of all elements of all Prizes (including timing for fulfillment of prizes and travel options, if applicable) shall be solely determined by Sponsor. The approximate retail value of any Prize will be specified in the Experience Rules. Unless explicitly stated otherwise, all prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted or redeemed for cash by Participant. Sponsor reserves the right, in Sponsor’s sole discretion, to substitute a prize of comparable or greater value. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution restrictions or other legal restrictions, and, in such circumstances, the Winner will be required to take a cash alternative instead. Some restrictions may apply.
Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable form (i.e. Request for Taxpayer Identification Number and Certification).
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Experience-specific rules:
10. PUBLICITY: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Experience, Prize, and/or any of the Experience Partners, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor (or the applicable Experience Partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing, if requested.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify an Experience, in whole or in part, due to any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of an Experience, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, prize winner draw process or the operation of an Experience, or with any Website promoting an Experience. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of an Experience, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of an Experience, including the entire Experience, and/or modify an Experience and/or award the prize from all eligible entries received as of the termination date.
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.
12. INDEMNIFICATION: As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless Sponsor, all other the Experience Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting an Experience and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in an Experience, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
13. LIMITATIONS OF LIABILITY: The Released Parties are not responsible and will have no obligation or liability for resulting from: (i) a Participant’s entry or attempt to participate in an Experience, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in an Experience, (iii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iv) unauthorized human intervention in any part of the entry process or an Experience; (v) technical or human error in the administration of an Experience or the processing of registrations, (vi) entries, prize claims or prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (vii) Participants who have committed fraud or deception in entering or participating in an Experience or claiming the prize, (viii) an inability of the Winner to accept the prize for any reason; (ix) an inability to fulfill or award a prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in an Experience or any promotion or prize related activities. If for any reason a Participant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in an Experience.14. BINDING ARBITRATION, NO CLASS ACTION: PLEASE READ THIS SECTION CAREFULLY. PARTICIPANT UNDERSTANDS AND AGREES THAT (S)HE IS WAIVING HIS/HER RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND HIS/HER RIGHTS IN CONNECTION WITH PARTICIPATION IN AN EXPERIENCE. As a condition of participation, Participant and Sponsor agree that any dispute, controversy, or claim arising out of or connected to an Experience, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration under the 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.
PARTICIPANT AND SPONSOR ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH SPONSOR AND PARTICIPANTWAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 4, so such language may not apply to every Participant).
Participants may seek arbitration of a Claim by contacting Omaze, Inc., c/o General Counsel’s Office, P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures and, and, when practical, the arbitrator should have prior subject matter knowledge and experience, with sweepstakes and/or fundraising laws. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator shall provide the Parties with a written 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.
The Parties will equally split the arbitrator’s fees and expenses and each party shall pay its own costs and attorneys’ fees. 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. Notwithstanding, 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 in accordance with the applicable statute or written agreement. The arbitrator shall resolve any dispute as to the reasonableness of any fee or cost that may be awarded under this paragraph.
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. Participant and Sponsor 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 New York Count, New York, or the United States District Court for the Southern District of New York.
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.
Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. For any Claims brought by Participant that are not subject to arbitration, if any, Participant: (i) submits to the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within New York County, New York (the “Venue”), and Participant hereby waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (ii) waives any and all rights to trial by jury with respect to any Claims.
15. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Participants and Sponsor in connection with an Experience, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of New York, without giving effect to the conflict of laws rules thereof.
17. RESULTS: For a list of winners available after the announcement, email firstname.lastname@example.org with the subject line “Winners List Request”. List of winners will only be available for 90 days.
18. SPONSOR: Omaze, Inc., P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232.19. FUNDRAISING TRANSPARENCY.
At Omaze, we believe fundraising should be about impact. Our model allows us, in partnership with our client to make a real difference and disrupt the way society traditionally thinks about charitable giving. Unless otherwise noted, all Experiences on this Website are run as part of the fundraising campaign for Charities Aid Foundation America (“CAFA”).
Here’s how it works: Omaze provides charitable fundraising services for CAFA, which is a globally recognized, United States 501(c)(3) public charity. As part of its fundraising services, Omaze works to offer incredible Experiences and prizes that anyone can potentially win. All donations made in connection with an Experience are transferred by Omaze directly to CAFA. In furtherance of its charitable mission to make giving to international and domestic charities safe, easy and effective, CAFA will use the net donations raised by Experiences run as part of the CAFA fundraising campaign to distribute grants to identified non-profit beneficiaries (each a “Designated Grantee”). All Designated Grantees are pre-validated by CAFA CAFA and all grants are made in accordance with CAFA’s grantmaking policies and procedures.
If it is anticipated that CAFA will use the net donations raised in an Experience to make a grant to any specific Designated Grantee(s), such Designated Grantees will be identified on the Experience-specific webpage, under the Section “Who You Will Help” as well as in the Experience Rules, under the section “Designated Grantee.” So long as an identified Designated Grantee continues to qualify as an eligible recipient of CAFA grants, CAFA will make a grant out of that Experience’s net donations to the identified Designated Grantee(s). If, at some point prior to the distribution of a grant by CAFA, CAFA determines that an identified Designated Grantee is no longer eligible to receive CAFA grants, CAFA will either (i) withhold distribution of the grant until the Designated Grantee is able to reconfirm its eligibility or (ii) grant the funds to a nonprofit that shares a similar mission to the identified Designated Grantee’s mission. Eligibility determinations for CAFA grants and selection of an alternate Designated Grantee (if applicable), are made at CAFA’s sole discretion. However, if a determination is made to grant funds to an alternate Designated Grantee, we will update the Experience webpage.
Copyright ©2020 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.