Official Rules UK Pre 22 June 2021
PLEASE READ THESE TERMS CAREFULLY AND CHECK THEM REGULARLY. THIS IS A BINDING CONTRACT AND THEY MAY CHANGE FROM TIME TO TIME (SEE SECTION 13) BELOW.
Omaze, Inc. (referred to as “we”, “us” “our” or “Omaze”) is a for-profit, commercial fundraiser, technology and media company. Omaze has an online fundraising platform that leverages the power of storytelling and technology to radically change charitable giving and offers people the chance to enter prize draws (each a “Promotion”) on Omaze.co.uk (the “Website”) for a chance to win a prize and/or experience (“Experience”). Each Promotion allows Participants to support featured non-profit(s) and/or charitable causes (each a “Charity”) by making a monetary payment to Omaze to enter (Entry Fee), but an alternative free entry route is always available too.
All entries into a Promotion have an equal chance of winning. There are lots of laws in place to protect individuals who enter Promotions (“Participants”) and to ensure everything is fair. Before entering, please enjoy these long, detailed Official Rules, which provide the general terms and conditions applicable to every Promotion on the Website.
WHEN THESE RULES APPLY
These official rules (“Official Rules”) apply to every Promotion on the Website. Each Promotion also has its own, additional, Promotion-specific terms and conditions (the “Experience Rules”). Usually the Experience Rules provide extra information and requirements. However, if there is a conflict or inconsistency between these Official Rules and the Experience Rules, the Experience Rules will govern. The Official Rules and the Experience Rules together form one agreement between us and you, and when we refer to the “Official Rules”, we mean both these Official Rules and the applicable Experience Rules, taken as a whole.
By entering any Promotion, you agree to accept and be bound by these Official Rules and the Omaze privacy notice (the “Privacy Notice”). If you do not agree to these Official Rules (including the applicable Experience Rules) or the Privacy Notice, you must not enter the Promotion. These Official Rules and the Privacy Notice may be updated from time to time. Please check these Official Rules (including all relevant Experience Rules) and the Privacy Notice regularly to ensure that you understand the terms that apply at the time that you enter the Promotion.
Participation in the Promotion constitutes the Participant’s full and unconditional agreement to these Official Rules, the Privacy Notice and Omaze’s decisions, which are final and binding in all matters related to the Promotion, except as set out on these Official Rules (including the applicable Experience Rules).
When certain words and phrases are used in these Official Rules or the Experience Rules, they have specific meanings (these are known as defined terms). Defined terms can be identified because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Official Rules where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and in bold).
When these Official Rules refer to you or your it means you, the Participant.
ELIGIBILITY. Unless the Experience Rules say otherwise, Promotions are only open to individuals who (i) are 18 years of age or older at the time of entry (ii) are legal residents in the United Kingdom and (iii) do not fall within any of the categories of “Prohibited Persons” listed below.
Prohibited persons. The following individuals are not eligible to enter or win any Experience.
- Any individual who has won a grand prize in a Grand-Prize Promotion (as defined in Section (2A), below) in the 18-month period immediately preceding the date of entry into the Promotion;
- Any employees, officers, and directors of Omaze or the Charity (excluding any Charity volunteers);
- Any of Omaze’s or Charity’s respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment, and marketing agencies, and website providers (excluding any Charity volunteers); and/or
- Any members of the immediate families (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) of and/or those living in the same household (whether or not related) as, any of the individuals listed in (i) to (iii) above, are not eligible to enter or win.
- Other jurisdictions. Some of Promotions are global, which means that residents from other jurisdictions can enter them via our other websites and applications which are available outside the UK. Due to differences in local laws and regulations, the rules that apply to entrants from outside the UK may differ from these Official Rules (including but not limited to differences in (a) the value of cash prizes available in order to account for local currency alternatives, (b) the number of entries which are received in return for a specified payment or donation, and (c) the maximum Entry Limit). However, every individual entry to a Promotion, regardless of where in the world the Participant is from, will have an equal chance of winning the applicable Experience.
HOW TO ENTER
Grand-Prize Promotions. All grand-prize Promotions (each a “Grand-Prize Promotion”), will have two ways to enter:
- Paid Method of Entry. To use enter by this method, visit www.omaze.co.uk and select the "enter now" button. Choose your Entry Fee amount(s). Each Entry Fee amount will come with a set number of entries into both the Grand Prize Promotion and the Weekly Cash Prize Promotion (and, if applicable, a Flash Draw Promotion). Follow the instructions to enter your name, contact and payment information, and complete your payment. Once your payment is complete, you will automatically receive the number of entries you selected. You can enter as many times as you wish as long as you don't exceed the overall entry cap specified in the relevant Experience Rules or these Official Rules (Entry Limit). Each entry received from a UK resident via the Alternate Method of Entry will be equivalent to a single entry into each of the Grand Prize Promotion and the Weekly Cash Prize Promotion (and, if applicable, a Flash Draw Promotion) that may be awarded via paying an Entry Fee.
- Alternate Method of Entry. Print your full name, address (no post office box addresses accepted), city, post code, phone number (optional), email address and which 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: Omaze Scrutineers, Civica Election Services, 33 Clarendon Road, London N8 0NW. Limit one entry per outer mailing envelope or postcard. Each entry made via the Alternate Method of Entry will automatically qualify for both the Grand Prize Promotion and the Weekly Cash Prize Promotion (and, if applicable, a Flash Draw Promotion) 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 as long as you don't exceed the overall Entry Limit.
- Secondary Promotions. From time to time, Omaze may, in its sole and absolute discretion, host other, secondary Promotions on the Website (each a “Secondary Promotion”), whereby Participants of certain Grand-Prize Promotions 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 Promotion. All Participants in the eligible Grand-Prize Promotion(s) will receive the same number of entries into the Secondary Promotion(s) as they had in the Grand-Prize Promotion(s) (up to the Secondary Promotion’s Entry Limit), regardless of method of entry(ies) used to enter the eligible Grand-Prize Promotion(s).
Omaze may sometimes offer the opportunity to purchase entries to multiple Promotions for a reduced Entry Fee (“Bundles”). Each Entry that is purchased with a Bundle: (a) will constitute a single, independent Entry to a single Promotion, (b) will be treated exactly the same as any other Entry to that Promotion, and (c) will have the same chance of winning as any other Entry.
ENTRY LIMITATIONS AND RESTRICTIONS
- Entry Limit. Unless the Experience Rules say otherwise, for each Promotion, there is no entry limit for UK residents, regardless of the method of entry. If you exceed the Entry Limit for a Promotion, all additional Entries that Omaze receives after the Participant reached the Entry Cap (in order of receipt) will be disqualified. Omaze will not refund Participants for any Entry Fees that you paid for those disqualified entries.
- Entry Period. All entries must be received by Omaze within the entry period specified in the Experience Rules (“Entry Period”). Entries received outside the Entry Period will not be valid and the Entry Fee for such entries will not be refunded.
- Required Information. Participants must provide all reasonably required information specified on the Promotion page or entry form in order to be eligible to enter and win.
- One Valid Email Address Per Participant. Using multiple email addresses, identities, or devices in an attempt to circumvent the Official Rules, including the Entry Limit, is strictly prohibited and will void all entries for that Participant and result in disqualification of the Participant. Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined in section 6 below) may be required to show proof of being the authorized account holder or forfeit the Experience. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
- Invalid Email Addresses. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
- Entries Must Be Complete, Received and Not Returned. Omaze is not responsible for lost, late, incomplete, damaged, stolen, misdirected, corrupt, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions beyond its reasonable control whether human, mechanical, electronic, or otherwise. Only fully completed entries submitted during the Entry Period and actually received by Omaze are eligible. Proof of sending or submission of entry will not be deemed proof of receipt by Omaze.
- No Automated Entry Devices. All entries must be actually submitted by the individual Participant to be valid. Use, or attempted use, of any robotic, automated, programmed, or similar entry method, will void all entries for that Participant and result in disqualification of the Participant. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted.
- Contact Details. By entering any Promotion, you agree that Omaze may contact you via email, phone, and mail in connection with the Promotion in accordance with the Privacy Notice.
The winning Participant(s) of a Promotion (each a “Potential Winner”) will be selected using a verifiably random process from among all eligible entries received, on or around the draw date specified in the Experience Rules. The winner selection will take place at the time specified in the applicable Experience Rules.
WINNER NOTIFICATION PROCESS
Potential Winners will be contacted using the email address used to enter the Promotion and may be awarded the prize subject to confirmation of verification of eligibility and compliance with the terms of these Official Rules. Potential Winners must respond to the Winner initial notification email within 96 hours of it being sent (or the time frame indicated in the official winner notification email, if longer than 96 hours. If a Potential Winner fails to respond to the notification email within the stated time period, then that Potential Winner may be disqualified and will forfeit any claim to any to any of the prize(s).
CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS
No person will be confirmed as a winner of any Experience (Winner) unless they have satisfied all requirements of these Official Rules, been verified by Omaze or its representative and been notified of such completed verification.
- Winner Documentation. In order to verify their identity and eligibility, Omaze may require Potential Winners to sign paperwork confirming their eligibility and their ability to participate on given dates relevant to the Experience (if applicable), as well as other legal releases as may be reasonably required by Omaze or the provider of the prize (for instance health and safety forms).
- Background Checks Omaze may perform background screenings or security checks, at its discretion, 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.
If a Potential Winner is disqualified for any reason, Omaze will award the applicable Experience to an alternative winner selected by random drawing from among all remaining eligible entries. This process will be repeated until the Experience is awarded.
All Potential Winners are entitled, at their discretion, to decline to accept an Experience at any time up to the date on which they are announced as the Winner. If for any reason a Potential Winner or Winner chooses to reject some or all of the Experience, or fails to accept the delivery of the Experience within a reasonable period, Omaze shall have no obligation to award the rejected or unclaimed portion of any Experience to an alternative winner.
Winners will receive the prize(s) identified on each Promotion’s webpage (each an “Experience”). The specifics of all elements of all Experiences (including important information about timing for fulfillment of prizes, travel options and requirements, guests etc.) shall be solely determined by Omaze. To avoid disappointment, please read the Experience Rules carefully before entering any Promotion to makes sure that you are available on required dates and/or can travel to the prize venue(s) if needed.
Unless expressly stated otherwise in these Terms or the Promotion Rules, any and all applicable taxes and all fees and expenses related to acceptance and use of an Experience not specifically stated herein are the responsibility solely of Winner(s). Omaze will not replace any lost or stolen Experiences or components of an Experience(s). Experiences cannot be used in conjunction with any other promotion or offer. Only the number of Experiences stated in these Official Rules is available to be won in the Promotions.
Unless explicitly stated otherwise, all Experiences are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted or redeemed for cash by Participant. Omaze reserves the right, in Omaze’s sole discretion, to substitute any Experience with an alternative item of comparable or greater value or cash.
Certain types of Experiences may have other restrictions or limitations, including without limitation as follows, unless otherwise specified in the applicable Experience Rules:
- Prize Manufacturers. Promotions are not sponsored, endorsed, approved, or affiliated with the manufacturer of the Experiences(s) being awarded. Experience names and logos are the trademarks and property of the manufacturer of the Experience(s). Actual Experience(s) to be awarded may not be identical to those depicted which are intended to be only representative.
- Prizes Involving Vehicles. Omaze will settle the following taxes and costs incurred by the winner of any Experiences involving vehicles in relation to their acceptance and use of the Experience: 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 Experience. Actual Experience vehicle to be awarded is not the vehicle depicted in advertising but is of similar specification. 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.
- Prizes That Include A Travel Component. For all travel Experiences, 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 Experience 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 once they are in your possession, will not be replaced. 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 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, Experience will be forfeited and may be awarded to an alternate. 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 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 the judgment of Omaze air travel is not required due to Winner’s proximity to prize location, ground transportation will be substituted for round-trip air travel at Omazes’ sole discretion.
- Prizes 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 in the sole discretion of Omaze. If the event is cancelled for any reason, the remainder of the Experience, 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.
- Prizes That Include Meeting or Greeting any Person. Any meet and greet portion of an Experience is subject to availability of the person(s) being met. In the case of unavailability, the remainder of the Experience, if any, will be awarded without the meet and greet portion.
- Prizes That Involve Participating in a Physical Even. For health and safety reasons, Omaze and/or Experience Provider reserves 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 matter or fails to meet any other health and safety requirements of that particular component of the event (e.g. height, age or ability requirements) that are specified in the Experience Rules.
- Prizes That Involve Appearing in a Film, TV, or Other Production. This portion of any Experience 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.
Omaze reserves the right to publish or make available information that indicates that a valid award took place for each of the Experiences – for example, the surname and country and county of residence of the Winner. Affected Experience 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.
Any attempt by you or any other individual deliberately to damage any website associated with a Promotion or undermine the legitimate operation of a Promotion 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 Promotion; 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 Promotion cannot be run as planned, Omaze may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Experience at random from among the eligible, non-suspect entries received up to the time of the impairment.
REFUNDS, RETURNS AND EXCHANGES
Each Entry Fee supports an awesome cause and entry to the Promotions may enable you to win an awesome Experience(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 Promotion has closed].
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 Site, 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 Promotion, 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 Terms is included at the top of this page.
LIMITATIONS 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 you suffer 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 you and Omaze at the time that you entered the relevant Promotion.
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 terms, our aggregate liability to you or any third party in any circumstance shall not exceed one hundred British pounds sterling (£100).
RELEASE FOR SOCIAL MEDIA PLATFORMS
Unless stated otherwise in the relevant Experience Rules, none of the Promotions are sponsored by or in any way affiliated with Facebook, Twitter or Instagram. By participating in any Promotion, you agree that Facebook, Twitter, Instagram, and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the Experience, entry, or participation in the Promotion or in any Promotion related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery, in each case except to the extent such liability cannot be excluded by law.
The Released Parties are not responsible if any Experience cannot be awarded due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism. By participating in the Promotion, you agree that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with the Promotion or the downloading from and/or printing material downloaded from such site.
GOVERNING LAW; JURISDICTION
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 Terms in either the English courts or your local courts.
If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: ec.europa.eu/consumers/odr/". This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
- Amendments/Revisions. These Terms may only be amended and/or revised in writing by Omaze (including by publishing such revisions by Omaze on the Site).
- Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Omaze as a result of these Terms or your use of the Site, the Software or the Service.
- Assignment. Omaze may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without Omaze's prior written consent, and any unauthorised assignment by you shall be null and void.
- Severability. Each of the terms of these Terms 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 Terms, 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 Terms shall be in writing and addressed to: Omaze, Inc, 5735 W Adams Blvd, Los Angeles, CA 90016, Attn: Omaze Customer Service.
- Entire Agreement. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Site, the Software and the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.
Omaze is the promoter of all Promotions. All questions and concerns regarding these Official Rules should be directed to firstname.lastname@example.org