Official Rules UK 1 Sep 2021
Effective 01 September 2021
PLEASE READ THESE OFFICIAL RULES CAREFULLY AND CHECK THEM REGULARLY. THIS IS A BINDING CONTRACT BETWEEN YOU AND PROMOTER. THESE OFFICIAL RULES MAY CHANGE FROM TIME TO TIME (SEE SECTION 16, BELOW).
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To view Official Rules for Prize Draws launched between 22 June 2021 and 31 August 2021, click here.
No purchase, payment, or donation of any kind is necessary to enter or win. All entries into a Prize Draw have an equal chance of winning.
NOTICE REGARDING DISPUTE RESOLUTION: These Official Rules contain a binding arbitration provision and class action waiver (see Section 19) that govern how claims will be resolved between you and Omaze UK Limited. Except for certain types of disputes described in Section 19, if applicable, or where prohibited by law, by participating in a prize draw (as defined below), you agree that disputes between you and Omaze UK Limited will be resolved through binding, individual arbitration (instead of going to court before a judge and jury) and you hereby waive your right to participate in a class action lawsuit or class-wide arbitration.
1. THE PROMOTER: Omaze UK Limited (referred to herein as “Omaze” or “Promoter”) is a private limited company organized under the laws of England and Wales, and a for-profit, commercial fundraiser, technology, and media company.
2. THE WEBSITE: The www.Omaze.co.uk website (the “Website”) allows individuals to enter prize-draws hosted on the Website (each a “Prize Draw”). A portion of the funds raised through each Prize Draw will be used to support featured non-profit(s) and/or charitable causes (each a “Charity”).
3. APPLICABILITY OF THESE OFFICIAL RULES: These Official Rules provide the general terms and conditions applicable to every Prize Draw on the Website launched on or after 01 September 2021. Each Prize Draw is subject to all applicable international and local laws and regulations and is void where prohibited.
- Experience Rules. Every Prize Draw also has its own, additional, Prize Draw-specific terms and conditions (the “Experience Rules”). The Experience Rules can be found in the footer of each page of the Website under the section “Legal.” The Experience Rules provide extra information and requirements for a specific Prize Draw. If there is a conflict or inconsistency between these Official Rules and the Experience Rules, the Experience Rules will govern. Any reference to the “Official Rules” with respect to any specific Prize Draw will mean both these Official Rules and the applicable Experience Rules, taken as a whole.
- Binding Contract. These Official Rules (including the Experience Rules) form a binding contract between Promoter and each Prize Draw participant (a “Participant.”) Entry into any Prize Draw constitutes Participant’s full and unconditional agreement to the Official Rules and Promoter’s decisions, which are (subject to Section 20) final and binding in all matters relating to the Website and all Prize Draws. If you do not agree to these Official Rules (including the applicable Experience Rules) do not enter the Prize Draw(s).
- Updates to the Official Rules. These Official Rules may be updated from time to time. Please check these Official Rules (including all relevant Experience Rules) regularly to ensure that you understand the terms that apply at the time that you enter the Prize Draws.
4. ELIGIBILITY: To be eligible to enter a Prize Draw or be awarded the prize(s) identified on each Prize Draw’s webpage on the Website (each a “Prize(s)”), a Participant must fully comply with the Official Rules. Unless otherwise provided in the Experience Rules, Prize Draws 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 4(A) (below); and (iii) are legal residents in the United Kingdom
- Prohibited persons: Unless the Experience Rules state otherwise, the following individuals are not eligible to enter or win a Prize Draw:
5. HOW TO ENTER: Each Prize Draw will have a starting date and time and ending date and time (the “Entry Period”) specified in the Experience Rules. Only those entries received by Promoter during the Entry Period will be valid. Promoter will be the official timekeeper for all Prize Draws.
Grand-Prize Prize Draws: All grand-Prize Prize Draws (each a “Grand-Prize Prize Draw”), will provide the following two (2) methods of entry:
Paid Method of Entry: To enter by this method, visit www.omaze.co.uk and select the “enter now” button on the Prize Draw’s webpage. Choose the applicable entry fee amount(s) to purchase entries (“Entry Fee”). Each Entry Fee amount will come with a set number of entries into the Grand-Prize Prize Draw (and any applicable Secondary Prize Draws, as such term is defined below). Follow the instructions to enter your full, legal name, contact and payment information, and complete your payment. Once your payment is complete, you will automatically receive the number of entries you selected and be entered for a chance to win the Prize Draw. You can enter as many times as you wish so long as you don’t exceed the maximum Entry Limit (as defined below), if applicable. Omaze may, in its discretion, run various Prize Draws in connection with the paid method of entry. For example, it may, for a temporary period during the Entry Period, offer Participants “bonus entries” in connection with the paid method of entry, or it may offer Participants the opportunity to enter multiple Grand-Prize Prize Draws simultaneously, for a reduced Entry Fee. Each entry that is purchased in connection with any special Prize Draw (a) will constitute a single, independent entry in the applicable Prize Draw(s), (b) will be treated exactly the same as any other entry to the Prize Draw(s) (including being subject to any applicable Entry Limit), and (c) will have the same chance of winning as any other entry.
- Alternate Method of Entry: Print your full, legal name, home address (no post office box addresses accepted), city, post code, phone number (optional), email address and which Full Name of the Prize Draw you want to enter (for example, “Omaze Million Pound House Draw- London”), on either a postcard or letter. Post the completed entry to Promoter’s third-party prize draw vendor identified in the Prize Draw’s applicable Experience Rules, at the postal address provided within such Experience Rules. Limit one (1) entry per outer mailing envelope or postcard. Each eligible entry received via the Alternate Method of Entry will be equivalent to a single entry into the Grand-Prize Prize Draw, with effect from the date that an entry is received and processed. No mechanically reproduced entries are permitted. Illegible entries are void. Omaze is not responsible for lost, late, mutilated, delayed, inaccurate, incomplete, postage due, misdirected entries or entries not received by the last day of the applicable Entry Period. You can enter by the Alternative Method of Entry as many times as you wish so long as you don’t exceed the applicable, maximum Entry Limit.
Secondary Prize Draws: From time to time, Omaze may, in its sole and absolute discretion, host other, secondary Prize Draws on the Website (each a “Secondary Prize Draw”). Secondary Prize Draws are those Prize Draws where the only method of entry is through entry into a specific Grand-Prize Prize Draw within a specific timeframe. Participants who enter the specific Grand-Prize Prize Draw during the specific timeframe will also be automatically entered into the Secondary Prize Draw. Unless otherwise stated in the Experience Rules of the applicable Secondary Prize Draw Participants will receive the same number of entries into the Secondary Prize Draw as Participant acquires in the eligible Grand-Prize Prize Draw(s) during the specific timeframe, up to the Secondary Prize Draw’s Entry Limit (if applicable), regardless of method of entry(ies) used to enter the eligible Grand-Prize Prize Draw(s).
6. Entry Limitations and Restrictions: Only accurate and complete entries submitted during the Entry Period and received by Promoter are eligible. Any incomplete, illegible, corrupted, or untimely entries are void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Promoter. Promoter is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused by mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Promoter is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant’s entry fee is refunded, any entries associated with such entry fee will be withdrawn and not eligible to win.
- Entry Limit: Unless the Experience Rules say otherwise, there is no cumulative maximum number of entries that any one person may obtain (the “Entry Limit”). If an Entry Limit is applicable for a Prize Draw, the Entry Limit applies to all entries, regardless of the method of entry. If Participant exceeds the Entry Limit for a Prize Draw, all entries in excess of the Entry Limit will be void and ineligible to win. Omaze will not refund Participants for any Entry Fees that Participant paid for those void and ineligible entries that exceed the applicable Entry Limit.
- Required Information: Participants must provide all required information specified on the Prize Draw’s page or entry form to be eligible to enter and win.
- Valid Email Address: For any Prize Draws that have Entry Limits, Participants must not use multiple email addresses, identities, or devices in an attempt to receive entries over the Prize Draw’s Entry Limit and doing so will void all entries for that Participant and result in disqualification of the Participant at Promoter’s discretion. To receive valid entries, at the time of submission, Participant must provide a valid email address for which the Participant is the authorized owner. 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 (as 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.
- No Automated Entry Devices: All entries must be submitted by the individual Participant to be valid. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods, will void all entries for that Participant and result in disqualification of the Participant from all Prize Draws, at Promoter’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Promoter has the sole right and discretion to make a determination that Participant used or attempted to use any such prohibited automated entry methods.
- Contact Details: By entering any Prize Draw, you agree that Omaze may contact you via email, phone, and mail in connection with the Prize Draw in accordance with the Privacy Notice.
7. Entry Conditions and Release: As a condition of entering any Prize Draws, Participant expressly:
- Represents and warrants that (s)he agrees to be bound by the Official Rules and decisions of the Promoter, which will (subject to Section 20) be binding and final in all matters relating to each Prize Draw; and
- Releases the Prize Draw Partners from all liability, loss or damage or expense arising out of or in connection with participation in any Prize Draw or the acceptance, use, or misuse of any Prizes.
8. WINNER DRAWINGS: Potential winner(s) of a Prize Draw (each a “Potential Winner”) will be selected using a verifiably random process from among all eligible entries received. The drawing will occur on or after the end of the Entry Period or as specified in the applicable Experience Rules. The selected winning unique entry code(s) will be announced on the Website following the drawing, with the identity of the winner announced (subject to Section 9) following the completion of all identification and verification processes in accordance with these Official Rules. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.
9. WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Prize Draw and may be awarded the Prize(s) subject to confirmation of verification of eligibility and compliance with the terms of these Official Rules. Potential Winners must respond to the Potential Winner notification email within 96 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if longer than 96 hours). If a Potential Winner fails to respond to the notification email within the stated timeframe, then that Potential Winner may be disqualified and will forfeit any claim to any Prize(s). After sending the Potential Winner notification email, to the extent a phone number has been provided, Promoter reserves the right to also contact Potential Winners via phone as well.
10. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the winner eligible to receive the Prize(s) after Promoter has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the Official Rules. Potential Winner must be willing and able to claim and/or accept the Prize(s) in full in the period specified by Promoter. Potential Winners are subject to confirmation and verification by Promoter, by whatever means Promoter shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all Official Rules and conditions of these Official Rules and fulfil all requirements. Subject to Section 20, Promoter’s decisions are final and binding in all matters related to the administration, operating, drawing, verification of the Winner, and all issues related to the Prize Draws.
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 Prize includes participation by one or more guests) must accurately complete and timely return any legal releases or documentation (for instance health and safety forms, including any vaccination attestations, including, providing proof of the same in a format determined by Promoter in its sole discretion) reasonably required by Promoter or the provider of the Prize(s) (where permitted by law) and/or any other document necessary to confirm and verify a Potential Winner’s eligibility and ability to participate on given dates relevant to the Prize Draw(if applicable) (collectively the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Promoter, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prize(s).
- Background Checks: Except where legally prohibited, Omaze reserves the right to conduct background screenings or security checks, at its discretion, on a Potential Winner and any Potential Winner guests, where applicable, and the Potential Winner agrees to sign any necessary documentation required for such checks. This will always be done in accordance with Omaze’s Privacy Notice. Promoter reserves the right to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if Promoter reasonably determines that awarding the Prize(s) to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on Promoter or any of the Prize Draw Partners, or be likely to put Promoter, any of the other Prize Draw Partners, or any other third-party in danger. Promoter is not obligated to clarify, confirm, or share any specific results of a background screening or security check with any Potential Winner or any Potential Winner’s guest(s), whether the background screening or security check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a criminal or civil offence or being delinquent on a government-ordered payment. When requested, Potential Winner and Potential Winner’s guest(s), if applicable, must provide authorization and/or complete any forms reasonably needed to facilitate such a background screening or security check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Promoter, Potential Winner and/or Potential Winner’s guest(s) may be disqualified and will forfeit any claim to any of the Prize(s). Except for Prize Draws in which Winner and/or Winner’s guest(s) 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 and Potential Winner guests will not be disqualified based on race (including colour, nationality or ethnic or national origin), religion or belief, gender reassignment, sex, sexual orientation, marital status, or pregnancy and maternity, or any other protected characteristics.
If a Potential Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner will be selected using a verifiably random process from among all remaining eligible entries. This process will be repeated until the Prize(s) is awarded. Any alternate Potential Winner will be notified as per the procedures outlined in these Official Rules (time permitting). Promoter reserves the right to modify the Potential Winner notification and/or confirmation and verification procedures connected with the drawing of an alternative Potential Winner, if any.
12. PRIZES: Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prize(s) identified on each Prize Draw’s webpage. The specifics of all elements of all Prizes (including important information about timing for fulfilment of Prize(s), travel options and requirements, guests etc.) shall be solely determined by Omaze and set out in the Experience Rules. To avoid disappointment, please read the Experience Rules carefully before entering any Prize Draw to make sure that you are available on required dates and/or can travel to the Prize(s) venue(s) if needed.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties (other than those which cannot be excluded by applicable law), and cannot be transferred, sold, substituted, or redeemed for cash by Participant. Omaze reserves the right, in Omaze’s sole discretion, to substitute any Prize with an alternative item of comparable or greater value or cash.
Unless expressly stated otherwise in the Experience Rules, Winners are solely responsible for any and all applicable taxes, fees and expenses related to acceptance, ownership and use of a Prize. Omaze will not replace any lost or stolen Prize(s) or components of a Prize. Prize(s) cannot be used in conjunction with any other Prize Draw or offer. Only the number of Prizes stated in the Experience Rules are available to be won in a Prize Draw.
All Winners are entitled, at their discretion, to decline to accept some or all of the Prize(s) at any time up to the date on which they are announced as the Winner, and, in such instances will be deemed to have forfeited the Prize. If at any time and for any reason a Winner chooses to reject some or all of the Prize(s), or fails to accept the delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternative Prize, in whole or in part, or any other compensation of any kind, and Omaze shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified in the applicable Experience Rules:
- Prize manufacturers: Prize Draws are not sponsored, endorsed, approved, or affiliated with the manufacturer of the Prize(s) being awarded. Prize Draw names and logos are the trademarks and property of the manufacturer of the Prize(s). Actual Prize(s) to be awarded may not be identical to those depicted which are intended to be only representative.
- Prizes That Include A Travel Component: For all travel Prize Draws, you have to travel on the dates and itinerary specified by Omaze in the Experience Rules. Any included airfare is coach class from the major gateway airport nearest Winner’s residence, or other alternative gateways approved by Omaze in its sole and absolute discretion. Any hotel accommodations are standard class, double occupancy unless otherwise specified. Actual retail value of any trip Prize Draw will depend on the Winner’s place of residence and 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 Omaze 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 expenses not specified in Experience Rules, including, but not limited to, itinerary change fees, checked baggage fees, meals and gratuities, transfers, and ground transportation, are the sole responsibility of Winner and Winner’s guest(s). Travel and accommodations 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, the Prize will be forfeited and may be awarded to an alternate Winner selected by a verifiably random process from all remaining eligible 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 applicable 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 Winner’s guest(s) 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 Promoter’s judgment, air travel is not required due to Winner’s proximity to Prize location, Promoter may provide ground transportation as a substitute for air travel at Omaze’s sole discretion.
- Prizes That Include Winning an Automobile or other Vehicle: The Winner of the Prize vehicle is not eligible for any cash rebate programs. Omaze will settle the following taxes and costs incurred by the winner of any Prize Draw involving vehicles in relation to their acceptance and use of the Prize Draw vehicle: title costs, licence fees, registration fees. Winner will be solely responsible for any additional equipment/accessories not specified in the Experience Rules or these Official Rules, insurance, fuel, vehicle maintenance and all other fees and expenses associated with the receipt and use of any vehicle-related Prize Draw. 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. For any Prize vehicle, neither Promoter, other Prize Draw 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 (other than those which cannot be excluded by applicable law). Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. Actual Prize Draw vehicle to be awarded may not be the vehicle depicted in advertising but is of similar specification. Promoter will determine the interior/exterior colors of the vehicle at its sole discretion. The Winner may be required to show proof of valid insurance and driver’s licence prior to receipt of the vehicle. The Winner must take delivery of vehicle at a location and time of Omaze’s sole choosing. Omaze reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.
- Prize(s)s That Include Attending an Event: Tickets and seating are subject to availability. If the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of Omaze. If the event is cancelled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event or Omaze otherwise may substitute a Prize of equal or greater value in its sole discretion. Winner’s guest(s) must be 18 or older or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Experience Rules.
- Prize(s)s That Include Meeting or Greeting any Person: Any meet and greet portion of a Prize Draw is subject to availability of the person(s) being met. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
- Prize(s)s That Involve Participating in a Physical Event: Promoter 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. Promoter and/or Prize Draw 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, age or ability requirements, vaccination requirements, or the health of the participant) or for any other reason as determined by Promoter 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 Prize Draw. If such an alternative prize is not available, Potential Winner may be disqualified.
- Prize(s)s That Involve Appearing in a Film, TV, or Other Production: This portion of any Prize Draw 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.
13. PUBLICITY: Omaze reserves the right to publish or make available information that indicates that a valid award took place for each of the Prize Draws – for example, the surname and country and county of residence of the Winner. Affected Winners have the right to object to all or part of this information being published or made available – in such event they should inform Omaze in writing. In such circumstances, entrants acknowledge that Omaze must nevertheless still provide the information and winning entry to the ASA or equivalent regulator on request.
Omaze will also require that winners participate in any reasonable publicity required by Omaze.
For a list of winners available after the announcement date specified in the Experience Rules, email email@example.com.
14. GENERAL CONDITIONS: Omaze reserves the right to cancel, suspend, and/or modify a Prize Draw, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Omaze’s reasonable control that impairs the integrity or proper functioning of a Prize Draw, as reasonably determined by Omaze. Promoter reserves the right, in its sole discretion and at any time, to conduct maintenance for the Website or its systems that may suspend or otherwise impact access to a Prize Draw.
WARNING: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL DELIBERATELY TO DAMAGE ANY WEBSITE ASSOCIATED WITH A Prize Draw OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF A Prize Draw MAY BE A BREACH OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, OMAZE RESERVES THE RIGHT TO CLAIM AGAINST AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. OMAZE RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE SITE, AND/OR THE LEGITIMATE OPERATION OF THE Prize Draw; TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. IF, FOR ANY REASON, THE Prize Draw CANNOT BE RUN AS PLANNED OR IF OMAZE DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF A Prize Draw IS COMPROMISED, OMAZE MAY, IN ITS SOLE DISCRETION, VOID ANY SUSPECT ENTRIES AND (A) CANCEL OR TERMINATE THE Prize Draw (OR ANY PORTION THEREOF); (B) MODIFY THE Prize Draw OR SUSPEND THE Prize Draw TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE Prize Draw IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (C) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.
15. REFUNDS, RETURNS, AND EXCHANGES: Each Entry Fee supports an awesome cause and entry to the Prize Draws may enable you to win an awesome Prize(s). A proportion of each Entry Fee goes to the Charity and helps them create real impact - as such, we do not provide refunds for Entry Fees once a Prize Draw has closed.
16. CHANGES TO THESE OFFICIAL RULES: Omaze may amend these Official Rules (including any individual Experience Rules) at any time by posting the amended Official Rules on the Website, and you agree that you will be bound by any changes to these Official Rules from the date they are published on the Website. If, however, you have already entered a Prize Draw, the changes will not apply to any entries that you have already submitted, but they will apply to any future entries that you submit after the date on which the change become effective. The date of last revision of these Official Rules is included at the top of this page.
17. PARTICIPANT’S BREACH OF THESE OFFICIAL RULES: Participant is responsible for compensating the following persons in full for any losses or damage they suffer which is caused by Participant’s breach of these Official Rules: Promoter, all other the Prize Draw Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising, or promoting a Prize Draw.
18. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: Nothing in these Official Rules excludes or limits Omaze’s liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
If Omaze fails to comply with these Official Rules, Omaze will be responsible for the loss or damage Participant suffers that is a foreseeable result of Omaze’s breach of these Official Rules or its negligence, but Omaze is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by Participant and Omaze at the time that Participant entered the relevant Prize Draw.
Participant expressly waives all rights to claim punitive, exemplary, indirect 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.
Notwithstanding the second paragraph of this section and save as set out in the first paragraph of this section, Omaze’s maximum liability to you under these Official Rules, our aggregate liability to you or any third party in any circumstance shall not exceed one hundred British pounds sterling (£100).
If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in a Prize Draw.
19. Binding Arbitration, No Class Action:
Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Official Rules.
- Mandatory Arbitration of Disputes: Omaze and Participant each agree that any Claim will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. Participant and Omaze agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Official Rules and that this arbitration provision shall survive termination of these Official Rules.
- Class Action Waiver: Participant and Omaze each agree that either may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 19 shall be null and void.
- Limited Remedies: Additionally, except as may be provided for in Subsection 19(D), below, or prohibited by law, Participant and Omaze each agree that, for any dispute, claim, or controversy arising out of or relating to these Official Rules or the breach, termination, enforcement, interpretation, or validity thereof or Participant’s participation in a Prize Draw, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
Exceptions and Opt-out: Subject to the arbitration provision and class action waiver in these Terms, notwithstanding Subsections 19(A) and 19(B), above, Participant and Omaze each retain the right to:
- seek to resolve a Claim in small claims court if it qualifies; and
- seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of Omaze’s Legal Department at the Omaze address set out in Section 22(F), below, within 30 days following the date you first agree to these Official Rules. If Omaze changes any of the terms of this Section 19 after the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Omaze in accordance with the terms of this Section 19 as of the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).
- Dispute Resolution and Notification of Claims: Prior to bringing a Claim Participant and Omaze each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to Omaze must be sent to the Omaze address set out in Section 22(F), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 45 days after receipt of the Notice, then Participant or Omaze may initiate arbitration proceedings as set out below.
- Arbitration Process and Rules: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with prize draws and/or fundraising laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where Participant lives, unless Participant and Omaze both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both Participant and Omaze may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Official Rules.
- Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party shall pay its costs and attorneys’ fees. If you assert a claim against Omaze, you will be responsible for paying the consumer filing fee. Omaze will pay for all other filing, administration and arbitrator fees and expenses. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
- Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Participant and Omaze agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware (or in the jurisdiction in which the Omaze entity that you have contracted with is incorporated).
- Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
20. GOVERNING LAW; JURISDICTION: These Official Rules are governed by the laws of England and Wales. This means that your participation in the Prize Draws and, subject to the arbitration provision and class action waiver provided in Section 19, above, exclusive jurisdiction for all Claims that are not required to be arbitrated ((including non-contractual disputes or claims), will be governed by English law.
Subject to the arbitration provision and class action waiver provided in Section 19, above, for all Claims that are not required to be arbitrated you can bring proceedings in respect of these Official Rules in the English courts. However, as a consumer, if you live in another part of the UK you can bring legal proceedings in respect of these Official Rules in either the English courts or your local courts.
21. LIMITATION ON TIME TO FILE CLAIMS: any cause of action or claim you may have arising out of or relating to these Official Rules must be commenced within one (1) year after the cause of action or claim accrues; otherwise, such cause of action or claim is permanently barred.
- Amendments/Revisions: These Official Rules may only be amended and/or revised in writing by Omaze (including by publishing such revisions by Omaze on the Website).
- Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Omaze as a result of these Official Rules or your use of the Website, the Software or the Service.
Assignment: Omaze may assign these Official Rules, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Official Rules without Omaze’s prior written consent, and any unauthorised assignment by you shall be null and void.
- Severability: Each of the terms of these Official Rules operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
- No Waiver: If we fail to insist that you perform any of your obligations under these Official Rules, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Notices: All notices given by you or required under these Official Rules shall be in writing and addressed to: Omaze UK Limited, 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT, Attn: Omaze Customer Service.
- Entire Agreement: These Official Rules, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Prize Draws and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Prize Draws.
23. Personal Information: Promoter only uses Participant’s personal information in accordance with the Omaze privacy notice (available at https://omaze.co.uk/pages/privacy-notice) (“Privacy Notice”). Please take the time to read the Privacy Notice as it includes important information and terms which apply to each Participant.
Omaze is the promoter of all Prize Draws. All questions and concerns regarding these Official Rules should be directed to firstname.lastname@example.org.
Copyright ©2021 Omaze, Inc. All third-party names and trademarks are the property of their respective owners.