What You'll Do
Imagine your friend asks you, “Have any plans tomorrow night?” And you say, “Yeah actually, I’m flying to New York to meet Robert Downey Jr.” That’s an actual conversation you could have! Isn’t that crazy? You and a friend will fly to New York to spend time with arguably one of the coolest guys in Hollywood. Robert will treat you and your guest to two tickets to "The Tonight Show Starring Jimmy Fallon," so you can cheer him on while he takes the stage; he'll set up an exclusive screening for you to enjoy Marvel's Captain America: Civil War before the rest of the world; share his favorite NYC pizza with you; and invite you to join him for a photo shoot (props included!). It’s bound to be a silly, awesome whirlwind, just you, your guest, and Robert. Living it up in the city. Boom.
No donation or payment is necessary to enter or win this sweepstakes.
Who You'll Help
Random Act Funding is Robert Downey Jr. and Susan Downey's brand new foundation, dedicated to distributing kindness in the form of financial support at a local, national and global level. Each year, Robert and his fans will band together and select several different organizations that are changing the world in a measurable way. Random Act Funding will then grant funds to these nonprofits so they can continue to make a positive impact in the world. Robert has selected some of the first series of benefiting partners: the Anti-Recidivism Coalition, Make-A-Wish and Motion Picture & Television Fund. Their work ranges from advocating for fair policies in the criminal justice system, to enriching children’s lives with hope and happiness to providing health and human services to those in need. Through this campaign, each of these charities will be granted no less than $25,000 from Random Act Funding to continue impacting lives through their remarkable work.
stuff our lawyers want you to read
Winners:
You + 1
Timing:
May 5th, 2016
Location:
New York, New York
Sponsor:
Omaze, Inc. (“Sponsor”)
Charity:
Random Act Funding ("Charity")
Prize Provider:
Marvel ("Prize Provider")
Details:
This experience includes flights and hotel for a winner and a guest to NYC, tickets to "The Tonight Show Starring Jimmy Fallon" exclusive screening of Marvel's Captain America: Civil War, sharing pizza with Robert, and a photoshoot with Robert.
Deadline to Enter:
May 1st, 2016 at 11:59pm PST
Mail-in Entries:
Postal entries must be received by April 26th at 11:59pm PST and postmarked by the deadline to enter
Winner Announced:
On or around May 4th, 2016
Who's Eligible:
You must be at least 18 years old to win. If not a US resident, Winner and guest need to have a current, valid passport and be able to travel to the United States. If they cannot travel to the United States, they will forfeit the prize. Must not be a resident of Belgium, Cuba, Iran, Iraq, Malta, Myanmar, North Korea, Singapore, Sudan, Syria, and Thailand. In certain countries, local rules and laws may restrict or prohibit the award of certain prizes or impose additional restrictions on participation. Entry is subject to all local laws. See official rules for more details. Employees, Officers, and Directors of Sponsor or Charity, and members of their immediate families and households are not eligible to enter.
How to Enter:
Visit Omaze.com and utilize any of our methods of entry, including free mail in entry, free web entry and receive bonus entries for donations (see official rules, below, for details). Winners are chosen through a process of random selection. Odds of winning depend on the number of tickets held. Potential winners will be required to sign paperwork re-confirming their eligibility and their ability to participate on given dates, and may be required to consent to a background check.
Selection Process:
Potential winner(s) will be chosen at random by Omaze or its representative. A verification process will take place during which potential winners will be required to sign paperwork re-confirming their eligibility and their ability to participate on given dates. Omaze may also perform background checks at its discretion before an official winner is announced. You are not eligible to win any prize if you have already won an Omaze prize within the same calendar year.
No purchase, payment, or contribution necessary to enter or win. Contributing will not improve chances of winning. Void where prohibited.
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ROBERT DOWNEY JR. PROMOTION (“PROMOTION”)
SPONSORED BY OMAZE
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN ANY PRIZE IN THE DRAWING PORTION OF THE PROMOTION. THE REWARDS PORTION OF THE PROMOTION OFFERS SPECIFIED REWARDS FOR DONATIONS, WHICH ARE NOT PART OF THE PRIZE DRAWING AND ARE AWARDED TO DONORS WHO MEET THE APPLICABLE REQUIREMENTS. SOME REWARDS ARE LIMITED IN QUANTITY AND ARE RESTRICTED TO CERTAIN NUMBERS OF DONORS ON A FIRST COME/FIRST SERVED BASIS. YOU MAY ALWAYS, IN EVERY LOCATION, ENTER ANY DRAWING VIA THE ALTERNATIVE FREE METHODS OF ENTRY LISTED BELOW WITHOUT MAKING ANY DONATION, SUBJECT TO THE RESTRICTIONS IN THESE OFFICIAL RULES.
A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF ANY OF YOUR INDIVIDUAL ENTRIES WINNING ANY PRIZE IN THE DRAWING PORTION OF THE PROMOTION.
ODDS OF WINNING ANY PRIZE DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR ANY INDIVIDUAL DRAWING. NET PROCEEDS FROM EACH INDIVIDUAL DRAWING WILL BE DONATED TO THE RENAISSANCE CHARITABLE FOUNDATION (“RCF”), A DONOR DIRECTED FUND THAT IS A 26 U.S.C. § 501(C)(3) NON-PROFIT ORGANIZATION RECOGNIZED BY THE INTERNAL REVENUE SERVICE (I.R.S.) IN THE UNITED STATES AND IS ALSO REGISTERED FOR TAX-EXEMPT, CHARITABLE PURPOSES IN ALL OTHER JURISDICTIONS IN THE UNITED STATES IN WHICH THIS PROMOTION IS OFFERED. AN EXPLANATION OF HOW THE FUNDS ARE DISTRIBUTED TO RCF IS AVAILABLE IN SECTION 3 OF THE OMAZE TERMS OF USE AVAILABLE AT WWW.OMAZE.COM/TERMS. RCF SHALL MAKE MATCHING GRANTS TO THE NON-PROFIT ORGANIZATION LISTED AT WWW.OMAZE.COM/RDJ (“NON-PROFIT”). THE DONATIONS MADE IN CONNECTION WITH ANY PROMOTION MAY NOT BE TAX DEDUCTIBLE, AND IT SHALL BE EACH ENTRANT’S RESPONSIBILITY TO DETERMINE THE TAX CONSEQUENCES OF SUCH DONATION. CONSULT A TAX PROFESSIONAL. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL NATIONAL, FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS APPLY.
1. SOLE SPONSOR AND ADMINISTRATOR: Omaze, Inc., (“Sponsor”). P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232.
2. ELIGIBILITY:
a. To enter the Promotion, you must be (i) at least eighteen (18) years of age or the age of majority in your domicile, if older; (ii) capable of complying with any restrictions or requirements for specific Prizes; and (iii) a resident of Argentina, Austria, Canada, Cyprus, Estonia, France, Germany, Greece, Hungary, India, Ireland, Japan, Latvia, Lithuania, Mexico, Netherlands, Philippines, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, USA, or the UK. Residents of Belgium, Cuba, Iran, Iraq, Malta, Myanmar, North Korea, Singapore, Sudan, Syria, and Thailand are expressly prohibited from entering. Residents of Australia, Brazil, China and the Republic of Korea are not prohibited from participating, but local rules and laws may restrict or prohibit the award of certain prizes or impose additional restrictions on participation.
Employees, directors, officers, or agents of RCF, Sponsor, or Walt Disney Studios Motion Pictures or Marvel Entertainment, LLC (collectively the “Prize Provider”), Random Act Funding (referred to as the “Charity”), and any of their respective parent, affiliates, subsidiaries, advertising and promotion agencies, manufacturers or distributors of promotion materials, and licensees (collectively “Released Parties”) and their immediate family members and persons with whom they reside are not eligible to participate in any Drawings (as defined below).
All national, federal, state, provincial and local laws and regulations apply with respect to eligibility.
3. HOW TO ENTER:
You can enter the Promotion by completing any of the following methods of entry (each a “Method of Entry”) to earn an entry into the Drawings (defined below in Section 4) (each an “Entry” and each person receiving an Entry, an “Entrant”):
Visiting www.omaze.com/RDJ (“Website”) and completing a registration form (“Free Entry Website”) that does not require a donation identifying the Promotion that you are entering;
Legibly hand printing on a postcard your complete name, street address (no P.O. Boxes), city, state/province, zip or post/postal code, daytime phone number, age, email address (if available), the name of the specific Promotion that you wish to enter, and the following statement: “I have read and agree to the Robert Downey Jr/ Promotion Official Rules” and mailing it to: P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232, USA by the applicable Mail Date described in Section 4 below (“Free Mail-in Entry”); and/or
Visiting the Website, completing the registration form for the promotion that you wish to enter, and receiving one hundred (100) Entries as a thank you for each donation increment of $10 you make to the Charity at the Website (“Donation Method”). Donations are calculated in $10 increments (each a “Donation Unit”), so if the total amount donated by you exceeds this amount, you will be credited as making a number of donations equal to the total amount donated divided by the Donation Unit and then rounded to the nearest whole number. All Donation amounts benefit the Charity.
ENTRIES AWARDED IN CONNECTION WITH DONATIONS ARE ISSUED ON A GRATIS BASIS AND ARE IN ADDITION TO ANY REWARDS OR INCENTIVES PROVIDED BY SPONSOR IN CONNECTION WITH THE DONATION AND ARE NOT SOLD OR OFFERED FOR SALE.
All required information for Methods of Entry (i) – (iii) above (each a “Submission”) must be completed in full, including identification of the applicable Promotion, and received by Sponsor to be considered valid. Proof of delivery will not be deemed as proof of valid Entry. If you fail to identify the particular Promotion that you wish to enter on your Free Mail-in Entry Submission, you agree that Sponsor may select one of the promotions for you and enter your Submission into that Promotion. You waive any claim with respect to entry into the Promotion other than the one you intended where you fail to identify such Promotion on the Submission. Any attempted form of Entry other than the Methods of Entry described herein is void. Entries in violation of these Official Rules will be disqualified. As determined by Sponsor, any Submission that includes illegal, false, or fraudulent information, obscenities, objectionable material, or which defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights, publicity rights, will be disqualified. Submissions that are incomplete, illegible or corrupted are void and will not be accepted. Normal time, toll, connection and usage rates, and postal charges (if any), charged by your Internet service provider or post operator will apply. For your Entry to be valid, you must acknowledge reading, accepting, and agreeing to all terms and conditions set forth in these Official Rules.
Each Submission made via the Free Entry Website or as a Free Mail-in Entry shall be awarded a number of Entries equal to the average (mean) amounts of Entries awarded to all Donating Entrants.
Regardless of Method of Entry, the maximum number of Entries that will be awarded to any Entrant is restricted to 1,000,000 total Entries per person per Promotion.
4. DRAWING STRUCTURE:
The Promotion begins at 12:00:01 a.m. EST on April 11th, 2016 and ends on May 1st, 2016 at 11:59:59 p.m. EST (“Promotion Period”). Sponsor’s method of timekeeping is the official time clock for each Drawing and is final and undisputable
During the Promotion Period, Sponsor will conduct a total of one (1) random drawing (“Drawing”). The Drawing shall take place on the schedule described below (“Drawing Date”) for the prize described below (the “Prize””).
All Entries submitted during the Promotion Period will be entered into the Drawing.
PRIZE: Winner and his/her one (1) guest receive:
- access to “The Tonight Show Starring Jimmy Fallon”
- Flight to NYC and accommodation in 4-star hotel
- Share pizza with Robert Downey Jr. from his favorite NYC spot
- Photo shoot with Robert Downey Jr.
- Exclusive screening of Marvel’s Captain America: Civil War
Entry Period 04/11/16 – 05/1/16
Mail Date (Postmark Date) 4/26/16
Drawing Date and time 05/2/16
Location of Drawing Los Angeles, CA
ARV $ 2,500
5. SELECTION OF WINNERS: On the Drawing Date, Sponsor shall randomly draw one (1) potential Winner from all eligible Entries (“Potential Winner”). If your Entry is drawn, you will be deemed the Potential Winner of the Prize (defined below in Section 6), pending confirmation and/or verification of your eligibility and compliance with these official rules (“Official Rules”). Sponsor shall use a computer-generated method of selection that is designed to ensure that the Drawing is conducted completely at random.
6. DESCRIPTION OF PRIZE:
a. Prize: One (1) Winner shall receive the following Prize, consisting of:
i. a 3 day/ 2 night trip for two (2) for Winner and Guest to New York, NY, USA (must be in New York, NY on May 5, 2016) consisting of:
A. roundtrip coach/economy air transportation (from gateway city nearest Winner’s home);
B. double occupancy hotel accommodations at a four star hotel as selected by Sponsor in its sole discretion for two (2) consecutive nights, one of which must be May 5, 2016;
C. transfers to/from hotel and airport;
D. admission to “The Tonight Show Starring Jimmy Fallon” on May 5, 2016 or such other date as designated by Sponsor in its absolute and sole discretion;
E. the opportunity to share pizza with Robert Downey Jr. from his favorite NYC spot;
F. the opportunity to participate in a photo shoot with Robert Downey Jr.; and
G. admission for Winner, Guest to an exclusive screening of the Picture. The exclusive screening will have up to 40 other Robert Downey Jr. invited guests.
b. Prize Conditions and Limitations: The attendance by any specific cast member, filmmakers, or such other talent from the Picture except for Robert Downey Jr. during any portion of the Prize elements as set forth above is not guaranteed and shall be subject to such talent’s availability and Sponsor’s and/or Prize Provider’s sole discretion. Neither Sponsor nor Prize Provider guarantees any type of meeting or photo opportunity with any specific cast member or talent from the Picture during the Prize except for Robert Downey Jr. as set forth above. In the event the Winner and/or Guest engages in behavior that, as determined by Sponsor or Prize Provider, in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and Prize Provider reserve the right to terminate the trip or any element of the Prize early, in whole or in part, and send the Winner and/or Guest home, with no further compensation and may elect not to fulfill any remaining portion of the Prize. Winner and Guest must obey all rules and complete any paperwork required for the Prize, including but not limited to any additional releases, contracts, or waivers required by the Sponsor or Prize Provider, and failure to sign such paperwork and/or to furnish all required information on dates selected by Sponsor and Prize Provider in their sole discretion will result in forfeiture of the Prize. In addition, Sponsor and Prize Provider reserve the right, in their sole discretion, to disqualify any Winner and/or Guest if a Potential Winner and/or Guest is not eligible to be awarded the Prize. Winner and Guest must travel on a date selected by Sponsor. Winner will be advised of such date after being awarded the Prize and must travel on such date or the Prize will be forfeited and awarded to an alternate Winner. Travel and accommodations are at the Sponsor’s sole discretion and subject to availability and change. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18). Guest must complete and return a publicity and liability release prior to departure. Winner and Guest must travel on the same itinerary and on the dates specified by Sponsor or Prize will be forfeited and awarded to an alternate Winner. If Winner lives less than 100 miles from New York, New York, ground transportation will be provided in lieu of airfare. Winner and Guest must be able to comply with all travel and visa requirements, which may include, without limitation, presenting necessary identification (including passport) at the time of travel, and for ensuring that the Winner and the Guest each are not disqualified (for example, by virtue of a criminal record) from entering the United States. Flight schedules are subject to change without notice. The Released Parties are not liable for any missed events or opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Winner may be required to provide a credit card at time of hotel check-in (but this card will not be charged for any costs expressly included in the Prize). Any costs incurred due to changes to the original itinerary requested by the Winner are solely the Winner’s responsibility. Any additional transportation, meals, gratuities, trip cancellation insurance, personal purchases and all other expenses not specified herein are solely the Winner’s responsibility. If Winner elects not to bring a Guest, the Prize will consist of one (1) trip for one (1) winner only; no credit or compensation will be provided for Guest’s portion of the Prize. The Prize does not include any items or services that are not detailed above. Prize Provider is not responsible for any errors or omissions or for any warranties or guarantees either explicit or implied herein. Prize may not be substituted, assigned and/or transferred, except Sponsor reserves the right to substitute any Prize (or a component thereof) with a Prize of equal or greater value for any reason.
c. Approximate Retail Value of Prize: The total ARV of the Prize is USD $2,500, CAD $3,335, Euro € 2,344, Chinese RMB ¥15,937, Japanese Yen ¥308,359, AUD $3,521, and GBP £1,645. Actual value depends on city/day/time of departure, provision of lodging (if any) and means of travel.
7. AWARD OF PRIZES:
a. If your name is drawn, you will be designated as a “Potential Winner” and you will be notified via telephone and/or email within two (2) business days of the Drawing Date (“Prize Notification”). To claim your Prize, you must reply by executing and returning an Affidavit of Eligibility, Publicity Release, a Travel Companions’ Release, and a tax acknowledgment form to Sponsor (as included in your Prize Notification). You must execute and return all documents within two (2) business days from the date they are sent to you, or your Prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, Sponsor is unable to contact you within the time frame specified above, or in the event that the Prize or Prize Notification is returned as undeliverable, you will forfeit the Prize and Sponsor will select an alternate potential Winner.
b. In addition, to the extent permitted by applicable law, Winner and any Guest may be required to pass a background screening or security check, in the form and to the extent permitted by such applicable law and may be disqualified if such background screening or security check indicates that the Winner or Guest may present a threat to any other person, in Prize Provider’s sole discretion, or if Winner fails to obtain the necessary travel documents. Sponsor and Prize Provider reserve the right in their sole discretion, to disqualify any Winner and/or Guest if the results of such security/background check reveal that a Winner and/or Guest has been convicted of a crime or an act of moral turpitude in Sponsor’s and Prize Provider’s sole discretion.
c. Save as expressly set out in this Section 7, all national, federal, state, provincial and local taxes, if any, are your sole responsibility. Sponsor shall provide Winner with applicable tax forms and Winner must return to Sponsor a W9, prior to receiving the Prize. For any non-U.S. Winner, up to 30% of the Prize value may be due to the IRS to comply with U.S. tax laws. Depending on your country of residence, taxes may also be due to one or more jurisdictions. Winner is solely responsible for determining his or her tax liability that is in addition to or different from that described in this Section.
d. Prize may not be substituted, assigned and/or transferred, except Sponsor reserves the right to substitute any Prize (or a component thereof) with a Prize of equal or greater value for any reason.
8. REWARDS PROGRAM STRUCTURE:
During the Promotion Period, Sponsor will award certain items if/when you make specific Donations in connection with the Promotion (“Rewards”). Rewards will be awarded on a first come/first served basis to the number of donors listed below. Once all quantities of a Reward have been awarded, the Reward will no longer be available, and Sponsor shall provide notification of such on the Website as soon as reasonably practicable. Rewards are listed in the table below. Reward levels are listed on the Website. Any restrictions on the Rewards will be clearly and conspicuously disclosed at the Website during the time that the Reward is available. Allow at least 8-12 weeks for delivery of any Reward from the date the Reward is earned, or such other date as is specified in connection with the applicable reward.
REWARDS ARE NOT INCLUDED IN ANY DRAWING AND SHALL BE AWARDED SEPARATE FROM ANY DRAWING PORTION OF THE PROMOTION. REWARDS ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO BEING EARNED.
Amount: Reward
$10 Base Level Donation
$25 Digital Thank You Card
$50 Honey Bunny Keychain + Digital Background Package
$100 Exclusive Random Act Funding Logo T-Shirt
$100 Exclusive Robert Downey Jr. Tiger T-Shirt
$100 Exclusive Robert Downey Jr. Honey Bunny T-Shirt
$250 Exclusive 3 T-Shirt Bundle
$250 Iron Man Wood Printed Film Still
$500 Exclusive 4-Piece Glass Tumbler Set
$500 Random Act Funding T-Shirt + Autographed Captain America Poster
$1,000 Honey Bunny T-Shirt + Autographed Photo
$1,000 Marvel's Iron Man, Avengers & Captain America Metal Print Triptych
$2,500 Replica Iron Man Helmet + Autographed Plaque
$2,500 Autographed Concept Art
$5,000 Replica 1/6th Scale Collectible Iron Man Figurine + Accompanying Signature
$15,000 Exclusive Screening of Marvel's Captain America: Civil War + Picture with Robert
$25,000 Exclusive Screening of Marvel's Captain America: Civil War + Picture with Robert + Bundle of Donor Perks
9. PRIVACY AND DATA COLLECTION:
a. When you enter the Promotion, Sponsor will collect certain information about you. Please review Sponsor’s privacy policy at www.omaze.com/privacy (“Privacy Policy”). In addition to any other sharing permitted by Sponsor’s privacy policy, by submitting an Entry, each Entrant expressly consents to the sharing of all information by Sponsor with the Charity and Prize Provider and any such third parties that are required to fulfill the Prize. All Entries remain the property of Sponsor.
b. Changes may require up to five (5) business days to take effect. By participating in the Promotion, you agree to all of the terms and conditions of the Privacy Policy. In order to receive certain Prizes and Rewards, you may be required to provide additional information to Sponsor or obtain travel and visas, or similar requirements. In the event you are selected as a Potential Winner or you are the recipient of a Prize or Reward that is subject to additional restrictions, you agree that you will forfeit the Prize or Reward if you fail to provide the necessary information or obtain travel and visas or satisfy the published criteria.
c. All materials submitted (excluding your personal information, which is governed by Sponsor’s Privacy Policy) become the property of Sponsor and may be shared with Prize Provider and Charity to administer and fulfill the Promotion and will not be returned. Acceptance of any Prize constitutes your consent to use your name and likeness to promote the Promotion, and/or the Sponsor, Charity, or Prize Provider in any media, now known or hereafter devised, worldwide and in perpetuity without any further compensation.
d. Acceptance of the Prize constitutes the grant to the Released Parties of an unconditional right to use that Winner's name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the Promotion, or Sponsor’s business in general, and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law. Winner also acknowledge that their name will be placed on a publicly available list of winner.
10. LIMITATION OF LIABILITY:
The following limitations of liability only apply to extent permitted by the laws of the country, state, or province of the applicable Entrant. To the extent any of the following limitations are not permitted under the laws of your country, state, or province, you agree that the remaining portions of these limitations that are permissible shall apply to the maximum extent permitted by law.
a. The Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for technical reasons or other reasons beyond Sponsor’s reasonable control, the Drawing is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Drawing and to credit participants with one (1) entry in the rearranged Drawing.
b. The Released Parties are not responsible for lost, late, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Providers (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of any Promotion, or act in violation of the Official Rules, will be disqualified.
c. The Released Parties are not responsible for any incorrect or inaccurate information (except as described in Sponsor’s Privacy Policy) and assume no responsibility for any error, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction. Any use of robotic, macro, automatic, programmed or like entry methods (“Automated Entry Method”) will void all such entries, and may subject that Entrant to disqualification. Entrant may submit unlimited Submissions, but must do so without using an Automated Entry Method. Neither Sponsor nor its agencies are responsible for injury or damage to participant's or any other person’s computer or property related to or resulting from participating in the Promotion. Should any portion of Promotion be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of the Promotion, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or modify any Promotion, and randomly select the Winner from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the registered account owner of the email address provided on the Entry.
d. The Released Parties makes no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize or Reward furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES AND REWARDS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES.
e. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or any other social media platform. Entrants understand that they are providing their information to the Sponsor and not to Facebook® or any other social media platform. Facebook is completely released of all liability by each Entrant. Any questions, comments or complaints regarding any aspect of the Promotion must be directed to the Sponsor and not Facebook or any other social media platform.
f. This Promotion is in no way sponsored or administered by The Walt Disney Company and/or its parent, subsidiaries, related or affiliated companies.
11. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering the Promotion or making a Donation, you agree to: (a) be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) waive any rights to claim ambiguity with respect to these Official Rules; (c) irrevocably and unconditionally waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with any Promotion including but not limited to claims for injunctive or other equitable relief; and (d) forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) each Promotion or the marketing or advertising thereof, (ii) typographical, translation, or printing errors in these Official Rules or any Promotion materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of any Drawing, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), (xiii) the negligence or willful misconduct by you, or (ix) your participation in the Promotion and/or your acceptance, use or misuse of a Prize. To extent the laws of your country, state, or province limits or does not permit any of the foregoing indemnifications, you agree that the indemnification obligations that are permissible shall apply to the maximum extent permitted by law.
12. DISPUTES AND GOVERNING LAW: Unless the laws of your country state otherwise, you agree that: (i) all disputes, claims and causes of action at law or in equity (each individually, a “Claim”) arising out of or relating to any Promotion, the meaning or interpretation of the Official Rules or the Prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; (ii) all Claims shall be resolved individually, without resort to any form of class action; (iii) all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, as well as all rights to have damages multiplied or otherwise increased. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. To the extent the laws of your country of residence restrict or prohibit the foregoing, you agree that all Claims shall be subject to the governing law of your country of residence and shall be brought in the courts located in your country of residence.
13. GENERAL: These Official Rules are subject to and incorporated by reference within Sponsor’s Terms of Service. If there is any conflict between the Terms of Service and these Official Rules, the Official Rules take precedence but only in relation to any Promotion. All rights reserved.
14. WINNERS’ LIST: For a list of Prize Winners, write your name and address and the name of the Promotion on a 3"x 5" card and mail it in an envelope to: Winners List, Omaze, Inc., P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232. Winner List requests will only be accepted after the applicable Drawing’s end date (listed on the applicable Drawing Notification) and requests must be received no later than thirty (30) days after such end date.
15. SPECIAL NOTE FOR AUSTRALIAN RESIDENTS: This is a trade promotion for promotion of the movie titled “Marvel’s Captain America: Civil War”. The use of the names and logos of the charities listed in the Promotion is authorized by the charities listed at www.omaze.com/RDJ, each of which a validly registered, non-profit organization or charitable foundation duly organized and validly existing under applicable laws. NO PURCHASE IS REQUIRED TO ENTER. SEE THE FULL RULES FOR DETAILS ON THE MULTIPLE METHODS TO ENTER FOR FREE. MAKING A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF ANY OF YOUR INDIVIDUAL ENTRIES WINNING ANY PRIZE IN THE DRAWING PORTION OF ANY PROMOTION. REWARDS AWARDED AS A RESULT OF A DONATION ARE GRATUITOUS AND ARE IN ADDITION TO ANY ENTRIES RECEIVED FOR THE SWEEPSTAKES PORTION OF THE PROMOTION. The purpose of allowing Entrants to make gratuitous Donations is to raise, attract, manage and disburse resources to the charities for their stated charitable missions, each of which is described on the charity’s website and qualifies as a valid “charitable purpose” within the meaning of the Charitable Fundraising Acts of the various Territories. The Promotion includes mechanisms to ensure that free entries are given equal or better chance of winning to bonus entries awarded in connection with a Donation. Donations are separate from any Entry and all Entries may be awarded gratuitously and no entry or participation fee is required.
16. SPECIAL NOTE FOR CANADIAN RESIDENTS (OTHER THAN QUEBEC RESIDENTS): Prior to receiving an Entry, residents of Canada will be required to answer correctly one (1) trivia question per Entry (or in connection with Entries awarded in connection with Donations, one question per tier of Entries) available without mechanical or other aid. Entrant may choose during entry or registration to the Website to expressly instruct Sponsor that they wish to receive special offers, and information about services that may be of interest to them and grant permission to Sponsor to send electronic messages to Entrant regarding these things. If an Entrant does not provide such express consent during registration and the entry process, then such Entrant shall not be registered to receive such offers. If you consent to receive offers during registration but later decide that you do not want to continue receiving these offers, you may indicate so at any time by emailing us at info@omaze.com. Any Claims respecting the organization or conduct of the Promotion must be brought either in the city of Los Angeles, State of California, USA or the courts located in the Province of Ontario, Canada
17. SPECIAL NOTE FOR RESIDENTS OF CYPRUS, EIRE, NETHERLANDS, AND SWEDEN: Prior to receiving an Entry, residents of Cyprus, Eire, the Netherlands, and Sweden will be required to answer correctly one (1) trivia question per Entry (or in connection with Entries awarded in connection with Donations, one question per tier of Entries available).
18. SPECIAL NOTE FOR INDIAN RESIDENTS: Entrants are solely responsible for ensuring that their participation in the Promotion will not violate any provisions of applicable laws, including without limitation, India’s foreign exchange control regulations.
19. SPECIAL NOTE FOR JAPANESE RESIDENTS: Entrants must be at least 20 years of age to enter. With respect to any disputes between Entrants and Japanese residents in connection with any of the terms of these Official Rules, either Party may file a Claim only in the courts located in the city of Tokyo, Japan, or in the city of Los Angeles, State of California, USA.
20. SPECIAL NOTE FOR QUEBEC RESIDENTS: Any dispute respecting the organization or conduct of the Promotion may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any dispute respecting the award of a Prize may be submitted to the Régie only for the purposes of helping the parties reach a settlement. Prior to receiving an Entry, residents of Quebec will be required to answer correctly one (1) trivia question per Entry (or in connection with Entries awarded in connection with Donations, one question per tier of Entries) available without mechanical or other aid. Entrant may choose during entry or registration to the Website to expressly instruct Sponsor that they wish to receive special offers, and information about services that may be of interest to them and grant permission to Sponsor to send electronic messages to Entrant regarding these things. If an Entrant does not provide such express consent during registration and the entry process, then such Entrant shall not be registered to receive such offers. If you consent to receive offers during registration but later decide that you do not want to continue receiving these offers, you may indicate so at any time by emailing us at info@omaze.com.
21. SPECIAL NOTE FOR SOUTH AFRICAN RESIDENTS: Entrants must be at least 18 years of age to enter. This trade promotion is conducted to promote the Picture. NO PURCHASE IS REQUIRED TO ENTER. SEE THE FULL RULES FOR DETAILS ON THE MULTIPLE METHODS TO ENTER FOR FREE. DONATIONS ARE SEPARATE FROM THE SWEEPSTAKES AND MAKING A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF ANY OF YOUR INDIVIDUAL ENTRIES WINNING ANY PRIZE IN THE DRAWING PORTION OF ANY PROMOTION. DONATIONS AWARDED AS A RESULT OF A DONATION ARE GRATUITOUS AND IN ADDITION TO FREE METHODS OF ENTRY. Entrants are solely responsible for ensuring that making a Donation will not violate any provisions of applicable foreign exchange control regulations. With respect to any disputes between Omaze and Entrants that are residents of South Africa in connection with any of the terms of these Official Rules, either Party may file a Claim only in the courts located in the city of Cape Town, South Africa or in the city of Los Angeles, State of California, USA, at the Entrant’s choice.
© 2016 Omaze, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.