Omaze – Luxurious Train Ride Through The Scottish Highlands On The Royal Scotsman – Win a 6 day
Effective January 5, 2021. To view Official Rules for experiences launched prior to January 5, 2021, click here.
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 13 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims 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).
No purchase, payment, or donation of any kind is necessary to enter or win. A purchase, payment, or donation will not increase the 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 website (www.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 many laws in place to protect Experience participants (“Participants”) and 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. Every Experience also has its own, additional, Experience-specific terms and conditions (the “Experience Rules”). The Experience Rules can be found on each Experience’s webpage on the Website, under the section “Stuff Our Lawyers Want You to Read.” 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 mean both these Official Rules and the applicable Experience Rules, taken as a whole.
To be eligible to enter an Experience or be awarded the prizes(s) identified on each Experience’s webpage (each 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 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 only open to individuals who (i) are at least 18 years of age or older at time of entry; (ii) are NOT in one or more of the “Prohibited Persons” categories listed in Section 1(A), below; and (iii) are legal residents of the United States or another country that is NOT listed as “Prohibited Jurisdiction,” in Section 1(B), below. Any entry submitted by any ineligible person(s) will be void.
(A) Prohibited Persons. The following individuals are not eligible to enter or win any Experience:
(i) A Winner of a Grand-Prize Experience (as defined in Section 2(A), below) who has won a Grand-Prize in the immediately preceding 18 months.
(ii) Employees, officers, and/or directors of any of the following (collectively, the “Experience Partners” ): (a) Omaze; (b) Omaze’s non-profit client(s) for whom the Experiences are run, including without limitation Charities Aid Foundation America, (c) any contractor or other partner of Omaze who is engaged to market and/or promote one or more Experience or Omaze generally, or who is involved in the development, testing, administration, and/or fulfillment of any Experience, including without limitation any Prize supply partners.
(iii) Experience Partners’ immediate family members (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household as Experience Partners (whether or not related) are not eligible to enter or win.
(B) Prohibited Jurisdictions: All countries on the United States’ list of embargoed countries (which you can find here), Afghanistan, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or 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”) specified in the Experience Rules. Sponsor must receive all entries before the Entry Period end time/date to be valid. Sponsor will be the official timekeeper for all Experiences.
(A) Grand-Prizes Experiences. All Grand-Prizes Experiences (each a “Grand-Prize Experience”) will have two ways to enter:
(i) Entries in Connection with Donation. Visit the Website, click the “Enter Now” from the Experience webpage. Then donate by choosing a donation amount and following the instructions to provide your name, contact, and payment information. Upon Sponsor’s receipt of a donation, a donor will automatically receive entries and be entered for a chance to win the Experience. The number of entries awarded may correspond to 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 the Website, click the “Enter Now” button from the Experience webpage. Then click on the “enter without contributing” link, 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 two thousand (2,000) 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 specific 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. Participants in the eligible Grand-Prize Experience(s) will receive the same number of entries into the Secondary Promotion as Participant has in the eligible Grand-Prize Experience(s), up to the Secondary Promotion’s Entry Limit, regardless of method of entry(ies) into the eligible Grand-Prize Experience(s).
(C) Entry Limitations and Restrictions: Only fully completed entries submitted during the Entry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. To receive valid entries, at the time of submission, Participant must provide a valid email address for which the Participant is the authorized owner. 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 (as those terms are defined below) may be required to show proof of being the authorized account holder. Any Entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. 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 mechanical, human or electronic, 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. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn and not eligible to win.
(D) Entry Limit. For each Experience, the Experience Rules will state the cumulative maximum number of entries that any one person may obtain (the “Entry Limit”). The Entry Limit applies to all entries, regardless of the method of entry. If a Participant exceeds the Entry Limit for an Experience, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
(E) One Valid Email Address per Participant. Multiple Participants may not share the same email address. Using multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over an Experience’s Entry Limit, is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Experiences, at Sponsor’s discretion.
(F) No automated entry devices. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from all Experiences, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted.
3. Entry Conditions and Release: As a condition of entering any Experience, Participant expressly:
(A) Consents to receive information or promotional materials from Sponsor, or any of the other Experience Partners, via email and/or mail;
(B) Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to each Experience;
(C) Releases the Experience Partners from all liability, loss or damage or expense arising out of or in connection with participation in any Experience or the acceptance, use, or misuse of any Prizes;
(D) 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;
(E) Agrees that all claims, disputes, or causes of action arising out of or connected with any Experience, or any Prizes awarded, shall be individually resolved in binding arbitration, per Section 13, without resort to any form of class or representative action;
(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s 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 set forth above in Section 3. So some of the provisions contained in this section may not apply to every Participant.
4. Winner Drawings: Potential winner(s) of an Experience (the “Potential Winner”) will be randomly drawn from among all eligible entries received. The drawing will occur on or around the end of the Entry Period or as specified on the applicable Experience-specific rules. Sponsor will conduct the drawing and awarding of the Prize. Once confirmed and verified, an Experience winner is referred to herein as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.
5. Prize winner notification Process: Potential Winners will be contacted using the email address used to enter the Experience. Potential Winners must respond to the initial winner notification email within 24 hours of it being sent or some other time frame indicated in the official winner notification email. If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s). Potential Winners may be named, tagged, or otherwise identified on Sponsor’s Website, Sponsors other promotional materials, and/or on Sponsor’s social media pages. Potential Winners can object to this by emailing Weloveyou@omaze.com .
6. 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. (A verified and confirmed Potential Winner is referred to herein as a “Winner”). Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be verified and confirmed, a Potential Winner and the Potential Winner’s guest(s), if applicable, 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 related to the administration, operation, drawing, verification of the Winner, and all issues 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 must correctly answer a mathematical skill-testing question to be eligible to be confirmed the Winner.
(A) Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner (and any guests of Potential Winner, to the extent that a Prizes includes participation by one or more guests) must accurately complete and timely return Sponsor’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), and/or any other document necessary to confirm and verify a Potential Winner’s eligibility, 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).
(B) Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Potential Winner and any Potential Winner guests, where applicable. Participation in an Experience constitutes Participant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if the Sponsor determines in its sole discretion that awarding the Prize to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on Sponsor or any of the other Experience Partners, or be likely to put Sponsor, any of the other Experience Partners, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner, whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Potential Winner or Potential Winner’s guest(s) must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s). Except for Experiences in which specific Prize Winner qualifications, requirements, or restrictions may be stated in the Experience Rules (for example, any residency or citizenship requirements, age requirements, or health requirements), Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, or sexual orientation.
7. PRIZE WINNER DISQUALIFICATION: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Sponsor, (iii) failure to provide valid email at the time of entry, (iv) failure to timely respond to Winner notification or any other request from Sponsor, (v) failure to timely complete the Winner Documentation and/or background check documents, (v) failure to pass the background check to Sponsor’s full satisfaction, (vi) the provision of false, incomplete and/or misleading information to or about Sponsor or any of the other Experience Partners, (vii) the commission of any fraud or deception in connection with any Experience, use of the Website, and/or relationship with Sponsor, (viii) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (ix) Winner’s inability to timely accept the Prizes for any reason, including inability to travel to country where Experience will take place or Prize will be delivered and (x) the inability of Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond Sponsor’s reasonable control, including legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, weather.
If 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. Any alternate Potential Winner will be 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 connected with the drawing of an alternate Potential Winner, if any.
If a Winner chooses to reject or otherwise forfeits some or all of the Prizes, Sponsor shall have no obligation to award the abandoned or unclaimed portion of any Prizes to an alternate winner.
8. Prizes: Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prizes(s) identified on each Experience’s webpage (each a “Prize”). Sponsor shall solely determine the specifics of all elements of all Prizes (including timing for fulfillment of Prizes and travel options, if applicable). The approximate retail value of any Prize will be specified in the Experience Rules. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period.
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 to substitute a prize of comparable or greater value in Sponsor’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Some restrictions may apply.
Unless otherwise noted in Experience Rules, 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 forms (i.e., Request for Taxpayer Identification Number and Certification).
All Winners are entitled to refuse to accept any Prize that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If Winner is deemed to have forfeited a Prize, in whole or in part, Winner will not be entitled to any alternate Prize or other compensation of any kind.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Experience-specific rules:
(A) Prizes That Include a Travel Component: For all travel Prizes, you have to travel on the dates and itinerary specified by Omaze. Any included airfare is coach class from the major gateway airport nearest Winner’s residence or other alternative gateways approved by Sponsor in its sole and absolute discretion. Any hotel accommodations are standard class, double occupancy unless otherwise specified. The actual retail value of any trip Prize will depend on the Winner’s place of residence. The difference between the approximate retail value and the actual retail value will not be awarded. Winner and Winner’s guest(s), if applicable, must travel on the same itinerary, unless otherwise approved by Sponsor in its sole and absolute discretion. Lost or stolen tickets, travel vouchers or certificates, or similar items will not be replaced once they are in your possession. Any and all expenses not specified in Experience Rules, including, but not limited to, checked baggage fees, meals and gratuities, transfers, and ground transportation, are the sole responsibility of Winner and Winner’s guest(s). Travel and accommodation are subject to availability; certain additional restrictions and blackout dates may apply. If specific dates are indicated for travel, and Winner cannot travel on those specified dates, Prize will be forfeited and may be awarded to an alternate Winner selected at random from all remaining valid entries. In such instances, the forfeiting Winner will not be entitled to any alternate prizes or compensation of any kind. Winner and Winner’s guest(s), if applicable, are responsible for all required travel documentation and identification, including, without limitation and as applicable, any passport or visa, as well as meeting any other requirements for entry into the relevant destination. Winner’s guest(s), if applicable, must also sign a release before ticketing. Winner’s guest(s) must be over the age of majority in the state, province, or territory in which s/he resides, or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Experience Rules. If, in Sponsor’s judgment, air travel is not required due to Winner’s proximity to Prize location, Sponsor may provide ground transportation as a substitute for air travel.
(B) Prizes That Include Winning an Automobile or other Vehicle: The Winner of the Prize vehicle is not eligible for any cash rebate programs. Sponsor will determine the interior/exterior colors of the vehicle at its sole discretion. Winner must have a valid driver’s license and proof of insurance to take delivery of Prize vehicle and must take delivery of the vehicle at a location specified by Sponsor, in its sole discretion. For any Prize vehicle, neither Sponsor, other Experience Partners, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. If the Prize is a lease of an automobile or other vehicle, Winner will be responsible for complying with the standard provisions of the applicable lease and shall be responsible for excess wear/use and mileage over the miles specified in such lease at a cost per additional mile/km stated in such lease. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such a case, the Winner may be required to take cash or other alternatives instead.
(C) Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of Sponsor. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. Sponsor may substitute an alternate Prize of equal or greater value at its sole discretion. Winner’s guest(s) must be 18 or older, or the Winner must be their parent or legal guardian, unless as otherwise specified on the applicable Experience Rules.
(D) Prizes That Include Meeting or Greeting any Person: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
(E) Prizes That Involve Participating in a Physical Event: Sponsor may require Winner and Winner’s guest(s), if applicable, to be examined by a doctor or other appropriate medical professional before participating in the event. Sponsor and/or Experience Partners reserve the right to decline participation in the event to any Winner or Winner’s guest(s), if applicable if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe manner, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Sponsor in its reasonable discretion. In such circumstances, the Potential Winner may be required to take cash or other prize alternatives, if available as part of the Experience. If such an alternative prize is not available, Potential Winner may be disqualified.
(F) Prizes That Involve Appearing in a Film, TV, or Other Production: This portion of any Prize is subject to the production occurring as scheduled and to the Potential Winner entering into third-party agreements (such as with an acting union, production company, or publishing platform, including agreements regarding confidentiality and background). Participation in such an acting opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.
9. 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. Any Winner can object to such publicity by contacting Omaze at Weloveyou@omaze.com.
10. 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, changes in the law, or any other factor beyond Sponsor’s reasonable control that 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 tampering, or attempting to tamper, with the administration and/or operation of any Experience, including without limitations the entry process or the Prize Winner draw process. If Sponsor determines, in its sole discretion, that the integrity or viability of an Experience is compromised, Sponsor reserves the right to void any entry at issue and/or terminate the relevant portion of an Experience, including the entire Experience.
WARNING: PERSON WHO DELIBERATELY UNDERMINES, OR ATTEMPTS TO UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. 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. INDEMNIFICATION: As a condition of entry, each Participant agrees to defend, indemnify, release and hold harmless Sponsor, all other 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, 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.
12. Limitations of Liability: The Released Parties are not responsible and will have no obligation or liability 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.
13. Binding Arbitration, NO CLASS ACTION: Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected 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 PARTICIPANT WAIVE 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, PO 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 according to the JAMS Rules and Procedures. When practical, the arbitrator should have prior subject matter knowledge and familiarity 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 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.
The Parties will equally split the arbitrator’s fees and expenses, and each party shall pay its costs and attorneys’ fees. If the claimant can 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 deem 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 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.
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 Wilmington County, Delaware, or the United States District Court for the District of Delaware.
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 that are not subject to arbitration, if any, Participant and Sponsor each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Wilmington County, Delaware (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.
14. 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 Delaware, without giving effect to the conflict of laws rules thereof.
16. Results: For a list of winners available after the announcement, email Weloveyou@omaze.com with the subject line “Winners List Request.” A list of winners will only be available for 90 days.
17. Sponsor: Omaze, Inc., PO Box 866, 9942 Culver Blvd, Culver City, CA 90232.
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