What You'll Do
Ed Sheeran is going to be thinking out loud—about you!—when he sings a love song straight to you. That’s right: This World AIDS Day, you, your friend and the other lucky winners (the A Team) will head backstage at iHeartRadio’s Jingle Ball Los Angeles to be serenaded, eat pizza and snap some photographs with Ed (feel free to keep them inside the pocket of your ripped jeans). Then, thanks to (RED) and Coca-Cola, you’ll head to your seats and rock out to the full line-up of Jingle Ball artists. If you thought all the feelings swelled up inside you when listening to Ed before, just wait until he’s right in front of you. Flights and hotel included.
No donation or payment is necessary to enter or win this sweepstakes.
Who You'll Help
Every day 400 babies are born with HIV, but they don’t have to be. The life-saving pills that keep an HIV+ pregnant woman alive and healthy also prevents the virus from passing to her unborn baby. These pills cost as little as 25 cents a day in sub-Saharan Africa–that’s two lives saved for just 30 cents. When you donate to win a (RED) experience on Omaze, you’re supporting (SHOPATHON)RED–the annual holiday campaign to raise awareness and money to help HIV+ moms get access to lifesaving medication, bringing us closer to a world where no baby is born with HIV. Check back this November for even more great winnable (RED) experiences. Let’s end AIDS.
stuff our lawyers want you to read
(RED) “ED SHEERAN JINGLE BALL” SWEEPSTAKES (“SWEEPSTAKES”)
SPONSORED BY OMAZE
OFFICIAL RULES
The Sweepstakes is made up of the following five (5) separate drawings (each a “Drawing”):
· Drawing 1 – One legal resident of the United Kingdom selected as a winner of a Prize (as defined below) – Deadline to Enter – 11/12/17; Drawing Date – 11/13/2017 (“UK Drawing”)
· Drawing 2 – One legal resident of Mexico selected as a winner of a Prize (as defined below) – Deadline to Enter – 11/12/17; Drawing Date – 11/13/2017 (“Mexico Drawing”)
· Drawing 3 – One legal resident of South Africa selected as a winner of a Prize (as defined below) – Deadline to Enter – 10/26/17; Drawing Date – 10/26/2017 (“South Africa Drawing”)
· Drawing 4 – One legal resident of anywhere within the Territory (see below) selected as a winner of a Prize (as defined below) – Deadline to Enter – 11/21/17; Drawing Date – 11/21/2017 (“Global Drawing”)
· Drawing 5 – One legal resident of the United States selected as a winner of a Prize (as defined below) – Deadline to Enter – 11/12/17; Drawing Date – 11/13/2017 (“US Drawing”)
Each Drawing constitutes, and will be administered as a separate Sweepstakes and Entries in to any single Drawing shall only be entered for that particular Drawing except all Entries from the UK Drawing, Mexico Drawing, and South Africa Drawing shall be entered into the Global Drawing along with all Entries for the US Drawing that have been received as of the date of the Global Drawing.
1. ELIGIBILITY: To enter a Drawing, you must be (i) at least thirteen (13) years of age or the age of majority in your domicile, if older; (ii) capable of complying with any restrictions or requirements for specific Prizes. Employees, non-employee workers, directors, officers, or agents of Sponsor, ( the Global Fund ( the “Charity”), and (RED), a division of The ONE Campaign and any of their respective parent companies, affiliates, subsidiaries, bottling partners, advertising and Drawing agencies, manufacturers or distributors of Drawing materials, and licensees (collectively “Released Parties”) and their immediate family members and persons with whom they reside are not eligible to participate in any Drawings (as defined below). All national, federal, state, provincial and local laws and regulations apply with respect to eligibility.
a. To enter the UK Drawing, you must be a legal resident of the United Kingdom.
b. To enter the Mexico Drawing, you must be a legal resident of Mexico.
c. To enter the South Africa Drawing, you must be a legal resident of South Africa.
d. To enter the US Drawing, you must be a legal resident of the United States.
e. To enter the Global Drawing, you must be a resident of any eligible territory (listed at Omaze.com/rules), or not a resident of any ineligible territory (listed below).
Although each Drawing is separate, the terms and conditions in the section entitled “PROGRAM RULES FOR ALL DRAWINGS” below apply to all Drawings.
PROGRAM RULES FOR ALL DRAWINGS
NO PURCHASE, PAYMENT, OR DONATION, NECESSARY TO ENTER OR WIN ANY PRIZE IN ANY DRAWING. THE REWARDS PORTION OF EACH DRAWING OFFERS SPECIFIED REWARDS FOR DONATIONS, WHICH ARE NOT PART OF THE PRIZE DRAWING AND ARE AWARDED TO DONORS WHO MEET THE APPLICABLE REQUIREMENTS. SOME REWARDS ARE LIMITED IN QUANTITY AND ARE RESTRICTED TO CERTAIN NUMBERS OF DONORS ON A FIRST COME/FIRST SERVED BASIS. YOU MAY ALWAYS, IN EVERY LOCATION, ENTER ANY DRAWING VIA THE ALTERNATIVE FREE METHODS OF ENTRY LISTED BELOW WITHOUT MAKING ANY DONATION, SUBJECT TO THE RESTRICTIONS IN THESE OFFICIAL RULES.
A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF ANY OF YOUR INDIVIDUAL ENTRIES WINNING ANY PRIZE IN THE DRAWING PORTION OF ANY DRAWING.
ODDS OF WINNING ANY PRIZE DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR ANY INDIVIDUAL DRAWING. NET PROCEEDS FROM EACH INDIVIDUAL DRAWING WILL BE DONATED TO THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA (THE “GLOBAL FUND”), FOR THE BENEFIT OF the GLOBAL FUND’S WORK FOR PREVENTING AND TREATING HIV AIDS. THE DONATIONS MADE IN CONNECTION WITH ANY DRAWING MAY NOT BE TAX DEDUCTIBLE, AND IT SHALL BE EACH ENTRANT’S RESPONSIBILITY TO DETERMINE THE TAX CONSEQUENCES OF SUCH DONATION. CONSULT A TAX PROFESSIONAL. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL NATIONAL, FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS APPLY.
1. SPONSOR: Omaze, Inc., (“Sponsor”). P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232.
2. HOW TO ENTER:
a. You can enter a Drawing by completing any of the following methods of entry (each a “Method of Entry”) to earn an entry into the Drawings (each an “Entry” and each person receiving an Entry, an “Entrant”):
i. Visiting www.omaze.com/rules and completing a registration form (“Free Entry Website”) that does not require a donation identifying the Drawing that you are entering.
ii. Visiting www.omaze.com (the “Website”), completing the registration form for the Drawing that you wish to enter, and receiving 100 Entries as a thank you for each donation increment of $10 you make to the Charity at the Website (the “Donation Method”). Donations are calculated in $10 increments (each a “Donation Unit”), so if the total amount donated by you exceeds this amount, you will be credited as making a number of donations equal to the total amount donated divided by the Donation Unit and then rounded to the nearest whole number.
ENTRIES AWARDED IN CONNECTION WITH DONATIONS ARE ISSUED ON A GRATIS BASIS AND ARE IN ADDITION TO ANY REWARDS OR INCENTIVES PROVIDED BY SPONSOR IN CONNECTION WITH THE DONATION AND ARE NOT SOLD OR OFFERED FOR SALE.
b. All required information for Methods of Entry above (each a “Entry”) must be completed in full, including identification of the applicable Drawing, and received by Sponsor to be considered valid. Proof of delivery will not be deemed as proof of valid Entry. If you fail to identify the particular Drawing that you wish to enter on a Entry, you agree that Sponsor may select one of the Drawings for you and enter your Entry into that Drawing. You waive any claim with respect to entry into a Drawing other than the one you intended where you fail to identify such Drawing on the Entry. Any attempted form of Entry other than the Methods of Entry described herein is void. Entries in violation of these Official Rules will be disqualified. As determined by Sponsor, any Entry that includes illegal, false, or fraudulent information, obscenities, objectionable material, or which defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights, publicity rights, will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Normal time, toll, connection and usage rates, and postal charges (if any), charged by your Internet service provider or post operator will apply. For your Entry to be valid, you must acknowledge reading, accepting, and agreeing to all terms and conditions set forth in these Official Rules.
c. Each Entry made via the Free Entry Website or as a Free Mail-in Entry shall be awarded a number of Entries equal to the average (mean) amounts of Entries awarded to the total amount of all Entrants from all Methods of Entry in the applicable Drawing. For example, if the average amount of donations is $33, each Entry made via the Free Entry Website or as a Free Mail-in Entry shall be awarded four (4) total entries - $33/10 = 3.3 rounded up to 4.
d. Regardless of Method of Entry, the maximum number of Entries that will be awarded to any Entrant is restricted to 250,000 total Entries per person per Drawing.
3. DRAWINGS STRUCTURE:
a. The UK Drawing, US Drawing, Mexico Drawing, and South Africa Drawing commence at 12:01:00 a.m. United States Pacific Standard Time (PST) and end at 11:59:59 p.m. PST on the dates for the Drawing defined in the “Drawing Table” for the applicable Drawing; The Global Drawing commences at 12:01:00 a.m. United States Pacific Standard Time (PST) and ends at 3:00:00 p.m. PST on the date for the Drawing defined in the “Drawing Table” for the applicable Drawing (each a “Drawing Period”). Sponsor will conduct a random drawing (the “Drawing”) for each Drawing on the schedule listed above (each a “Drawing Date”).
b. All Entries submitted during the applicable Drawing Period will be entered into the Drawings for the applicable Drawing.
5. SELECTION OF WINNERS: At the end of each Drawing Date, Sponsor shall randomly draw one (1) potential Winner from all eligible Entries for the applicable Drawing (each a “Winner”). If your entry is drawn, you will be deemed the Winner of that Drawing, pending confirmation and/or verification of your eligibility and compliance with these Official Rules. Sponsor shall use a computer-generated method of selection that is designed to ensure that each Drawing is conducted completely at random.
6. PRIZE:
a. The following prize will be awarded for all five of the Drawings (“Prize”):
b. One (1) Prize, for one winner (a “Winner”) and one (1) guest (a “Guest”), consisting of roundtrip coach/economy air transportation (from gateway city nearest Winner’s home), to Los Angeles, CA, double occupancy hotel accommodations at a hotel selected by Sponsor, in its sole discretion, for two (2) consecutive nights, transfers to/from hotel and airport, and entry for two (2) to the Jingle Ball in Los Angeles, CA and a meet and greet with Ed Sheeran at the Jingle Ball. You must be at least 13 years old to win. Winners under 18 years of age must be accompanied by a parent or legal guardian as their Guest. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless Winner is the legal guardian of Guest and Guest is at least 5 years of age or older at the time of travel. In addition to Winner requirements (detailed below), Guest must complete and return a publicity and liability release prior to departure. If Winner is the legal guardian of Guest, Winner must execute and return all required documents on behalf of such child or legal ward. If Winner and/or Guest reside outside the country where experience will take place, Winner and/or Guest must have current, valid passports, and be able to travel to the experience location(s). If they are unable to travel to the experience location(s), they will forfeit the prize. Winners must not be residents of Belgium, Cuba, Iran, Iraq, Italy, Malta, North Korea, Singapore, Sudan, Syria, or Thailand. In certain countries, local rules and laws may restrict or prohibit the award of certain prizes or impose additional restrictions on participation. Entry is subject to all local laws. See our Sweepstakes Official Rules for more details. Employees, officers, and directors of Sponsor, Charity, or Prize Provider, and members of their immediate families and households, are not eligible to win. If Winner lives less than 100 miles from Los Angeles, CA ground transportation will be provided in lieu of airfare. In the event the Winner and/or his or her guest engages in behavior that, as determined by Sponsor, in its sole discretion, is obnoxious or threatening, illegal or is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip, in whole or in part, and send the Winner and/or guest home or remove Winner and/or guest with no further compensation. Winner and guest must obey all rules and complete any reasonable paperwork required by applicable law. Failure to sign such paperwork and/or to furnish all required information on dates selected by Sponsor in its sole discretion will result in forfeiture of the Prize. Travel and accommodations are at the Prize Providers’ discretion and subject to availability and change. Winner and Guest must travel on the same itinerary and on the dates specified by Sponsor or Prize will be forfeited and awarded to an alternate Winner. Winner and Guest must each have a valid passport for travel at the applicable dates and be able to comply with all travel and visa requirements – it is the sole responsibility of the Winner and Guest to ensure they satisfy these requirements. The Released Parties are not liable for any missed events or opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Winner may be required to provide a credit card at time of hotel check-in (but this card will not be charged for any costs included in the Prize). Any costs incurred due to changes to the original itinerary requested by the Winner are solely the Winner’s responsibility. Any additional transportation, meals, gratuities, trip cancellation insurance, personal purchases and all other expenses not specified herein are solely the Winner’s responsibility. Approximate retail value (“ARV”) of each Drawing is $2,500 Actual value depends on city/day/time of departure. Sponsor is required to provide the advertised Prize by applicable law, so if Winner is unable to make the trip on the date(s) selected, such Prize will be forfeited and Sponsor will award the Prize to an alternate Winner. Limit one (1) Prize per household.
c. Potential Winners will be notified via telephone and/or via e-mail within two (2) business days of the applicable drawing (“Prize Notification”). To claim your Prize, you must reply by executing and returning an Affidavit of Eligibility, Publicity Release, a Travel Companions’ Release, and a tax acknowledgment form to Sponsor (as included in your Prize Notification). You must execute and return all documents within ten (10) business days from the date they are sent to you or your Prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, Sponsor is unable to contact you within the time frame specified above, or in the event that the Prize or Prize Notification is returned as undeliverable, you will forfeit the Prize, and Sponsor will select an alternate potential Winner.
d. In addition, Winner and any guest (if the applicable prize includes a guest) (“Guest”) may be required to pass a background screening or security check, in the form and to the extent permitted by such applicable law and to obtain any necessary travel documents or visas and may be disqualified if such background screening or security check indicates that the Winner or Guest may present a threat to any other person, in Prize Donors’ sole discretion, or if Winner fails to obtain the necessary travel documents. Sponsor reserves the right in their sole discretion, to disqualify any Winner and/or Guest if the results of such security/background check reveal that a Winner and/or Guest has been convicted of a crime or an act of moral turpitude in Sponsor’s sole discretion.
e. Save as expressly set out in this Section 6, all national, federal, state, provincial and local taxes, if any, are your sole responsibility. Sponsor shall provide Winners with applicable tax forms and Winners must return to Sponsor a W9 or W-8 BEN tax form, as applicable, prior to receiving the Prize. For all non-U.S. Winners, up to 30% of the Prize value may be due to the IRS to comply with U.S. tax laws. Depending on your country of residence, taxes may also be due to one or more jurisdictions. Winner is solely responsible for determining his or her tax liability that is in addition to or different from that described in this Section.
7. REWARDS PROGRAM STRUCTURE:
During the applicable Drawing Period, Sponsor will award certain items when you make specific Donations in connection with a Drawing (“Rewards”). The rewards for each Drawing are listed in the Section entitled Drawing Specific Rules below. Certain Rewards are only available in limited quantities (“Exclusive Rewards”). Exclusive Rewards will be awarded on a first come/first served basis to the number of donors listed below. Once all quantities of an Exclusive Reward have been awarded, the Exclusive reward will no longer be available, and Sponsor shall provide notification of such on the Website as soon as reasonably practicable. Finally, certain Rewards may be offered subject to special terms, such as on a limited availability or only for Donations made during specific time frames (“Promotional Rewards”). Rewards and Exclusive Rewards are listed in the table below. Promotional Rewards will be announced on the Website and via additional marketing and Promotional channels. Any restrictions on Promotional Rewards will be clearly and conspicuously disclosed at the Website during the time that the Promotional Reward is available. Allow at least 8-12 weeks for delivery of any Reward from the date the Reward is earned, or such other date as is specified in connection with the applicable reward. REWARDS ARE NOT INCLUDED IN ANY DRAWING AND SHALL BE AWARDED SEPARATE FROM ANY DRAWING PORTION OF A DRAWING. REWARDS ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO BEING EARNED.
8. PRIVACY AND DATA COLLECTION:
a. When you enter a Drawing, Sponsor will collect certain information about you. Please review Sponsor’s privacy policy at www.omaze.com/privacy (“Privacy Policy”). In addition to any other sharing permitted by Sponsor’s privacy policy, by submitting an Entry, each Entrant expressly consents to the sharing of all information by Sponsor with the Charity and Prize Providers and any such third parties that are required to fulfill the Prize. All Entries remain the property of Sponsor.
b. Changes may require up to five (5) business days to take effect. By participating in a Drawing, you agree to all of the terms and conditions of the Privacy Policy. In order to receive certain Prizes and Rewards, you may be required to provide additional information to Sponsor or obtain travel and visas, or similar requirements. In the event you are selected as a potential Winner or you are the recipient of a Prize that is subject to additional restrictions, you agree that you will forfeit the Prize or Reward if you fail to provide the necessary information or obtain travel and visas.
c. All materials submitted (excluding your personal information, which is governed by Sponsor’s Privacy Policy), become the property of Sponsor and may be shared with Prize Providers and Charity to administer and fulfill the Drawing and will not be returned. Acceptance of any Prize constitutes your consent to use your name and likeness to promote the Drawing, and/or the Sponsor, Charity, or (RED) in any media, now known or hereafter devised, worldwide and in perpetuity without any further compensation.
d. Each Winner’s acceptance of any Prize constitutes the grant of an unconditional right to use that Winner's name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the applicable Drawing, the Program, or Sponsor’s business in general, and/or live and taped performances of interviews for any programming, publicity, advertising and Promotional purposes without additional compensation, except where prohibited by law. Winners also acknowledge that their name will be placed on a publicly available list of winners.
9. LIMITATION OF LIABILITY:
The following limitations of liability only apply to extent permitted by the laws of the country, State, or Province of the applicable Entrant. To the extent any of the following limitations are not permitted under the laws of your State, Province, or country, you agree that the remaining portions of these limitations that are permissible shall apply to the maximum extent permitted by law.
a. The Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason an entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, or for any other reason not accepted as an entry into a particular Drawing, your sole remedy is to receive another entry into a different Drawing. If, for technical reasons or other reasons beyond Sponsor’s reasonable control, any particular Drawing is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Drawing and to credit participants with one (1) entry in the rearranged Drawing.
b. The Released Parties are not responsible for lost, late, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Providers (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of any Drawing, or act in violation of the Official Rules, will be disqualified.
c. The Released Parties are not responsible for any incorrect or inaccurate information (except as described in Sponsor’s Privacy Policy) and assume no responsibility for any error, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction. Any use of robotic, macro, automatic, programmed or like entry methods (“Automated Entry Method”) will void all such entries, and may subject that Entrant to disqualification. Entrant may submit the maximum number of Entries, but must do so without using an Automated Entry Method. Neither Sponsor nor its agencies are responsible for injury or damage to participant's or any other person’s computer or property related to or resulting from participating in a Drawing. Should any portion of Drawing be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of a Drawing, or Entry of entries, Sponsor reserves the right at its sole discretion to suspend or modify any Drawing, and randomly select the Winners from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the registered account owner of the email address provided on the Entry.
d. The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize or Reward furnished in connection with a Drawing. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES AND REWARDS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES.
e. This Program in no way sponsored, endorsed or administered by, or associated with Facebook or any other social media platform. Entrants understand that they are providing their information to the Sponsor and not to Facebook® or any other social media platform. Facebook is completely released of all liability by each Entrant. Any questions, comments or complaints regarding any aspect of the Drawing must be directed to the Sponsor and not Facebook or any other social media platform.
10. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering a Drawing or making a Donation, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to irrevocably and unconditionally waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with any Drawing; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) each Drawing or the marketing or advertising thereof, (ii) typographical, translation, or printing errors in these Official Rules or any Drawing materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of any Drawing, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), (xiii) the negligence or willful misconduct by you, or (ix) your participation in a Drawing and/or your acceptance, use or misuse of a Prize. To extent the laws of your country, State, or Province limits or does not permit any of the foregoing indemnifications, you agree that the indemnification obligations that are permissible shall apply to the maximum extent permitted by law.
7. DISPUTES AND GOVERNING LAW: Unless the laws of your country state otherwise, you agree that: (i) all disputes, claims and causes of action at law or in equity (each individually, a “Claim”) arising out of or relating to any Drawing, the meaning or interpretation of the Rules or the Prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; (ii) all Claims shall be resolved individually, without resort to any form of class action; (iii) all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, as well as all rights to have damages multiplied or otherwise increased. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. To the extent the laws of your country of residence restrict or prohibit the foregoing, you agree that all Claims shall be subject to the governing law of your country of residence and shall be brought in the courts located in your country of residence. In the event that that subsection (ii) of this Section 11 is held to be unenforceable, then instead, any and all disputes between you and Sponsor arising under or related in any way to any Drawing must be resolved through binding arbitration governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section.
8. GENERAL: These Official Rules are subject to and incorporated by reference within Sponsor’s Terms of Service. If there is any conflict between the Terms of Service and these Official Rules, the Official Rules take precedence but only in relation to any Drawing. All rights reserved.
9. WINNERS’ LIST: For a list of Prize Winners, write your name and address and the name of the Drawing on a 3"x 5" card and mail it in an envelope to: Winners List, PO BOX 3190, 1217 Wilshire Blvd, Santa Monica, CA 90408. Winner List requests will only be accepted after the applicable Drawing’s end date (listed on the applicable Drawing Notification) and requests must be received no later than thirty days after such end date.
10. SPECIAL NOTE FOR AUSTRALIAN RESIDENTS: This trade Drawing is authorized by (RED) – A Division of the ONE Campaign, a registered non-profit organization and the Global Fund to Fight AIDS, Tuberculosis and Malaria, a non-profit, charitable foundation duly organized and validly existing under the law of Switzerland. NO PURCHASE IS REQUIRED TO ENTER. SEE THE FULL RULES FOR DETAILS ON THE MULTIPLE METHODS TO ENTER FOR FREE. DONATIONS ARE SEPARATE FROM THE SWEEPSTAKES AND A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF ANY OF YOUR INDIVIDUAL ENTRIES WINNING ANY PRIZE IN THE DRAWING PORTION OF ANY DRAWING. DONATIONS AWARDED AS A RESULT OF A DONATION ARE GRATUITOUS AND IN ADDITION TO FREE METHODS OF ENTRY. The purpose of allowing Entrants to make gratuitous Donations is to raise, attract, manage and disburse resources to fight HIV/AIDS, tuberculosis and malaria, which is a valid “charitable purpose” within the meaning of the Charitable Fundraising Acts of the various Territories. The Drawing includes mechanisms to ensure that free entries are given equal or better chance of winning to bonus entries awarded in connection with a Donation. The whole amount of all Donations (minus only the actual cost of producing and fulfilling each Prize and Reward) (the “Profits”) are paid into the funds of the Global Fund and are used for the charitable purpose. Donations are separate from any Entry and all Entries may be awarded gratuitously and no entry or participation fee is required.
11. SPECIAL NOTE FOR CANADIAN RESIDENTS: Prior to receiving an Entry, residents of Canada will be required to answer correctly one trivia question per Entry (or in connection with Entries awarded in connection with Donations, one question per tier of Entries) available without mechanical or other aid. Entrant may choose during entry or registration to the Website to expressly instruct Sponsor that they wish to receive special offers, and information about services that may be of interest to them and grant permission to Sponsor to send electronic messages to Entrant regarding these things. If an Entrant does not provide such express consent during registration and the entry process, then such Entrant shall not be registered to receive such offers. If you consent to receive offers during registration but later decide that you do not want to continue receiving these offers, you may indicate so at any time by emailing us at info@omaze.com.
12. SPECIAL NOTE FOR RESIDENTS OF CYPRUS, EIRE, NETHERLANDS, AND SWEDEN: Prior to receiving an Entry, residents of Cyprus, Eire, the Netherlands, and Sweden will be required to answer correctly one trivia question per Entry (or in connection with Entries awarded in connection with Donations, one question per tier of Entries available).
13. SPECIAL NOTE FOR INDIAN RESIDENTS: Entrants are solely responsible for ensuring that their participation in the Drawing will not violate any provisions of applicable laws, including without limitation, India’s foreign exchange control regulations.
14. SPECIAL NOTE FOR JAPANESE RESIDENTS: Entrants must be at least 20 years of age to enter. With respect to any disputes between Entrants and Japanese residents in connection with any of the terms of these Official Rules, either Party may file a Claim only in the courts located in the city of Tokyo, Japan, or in the city of Los Angeles, State of California, USA.
15. SPECIAL NOTE FOR QUEBEC RESIDENTS: Any dispute respecting the organization or conduct of the Drawing may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any dispute respecting the award of a Prize may be submitted to the Régie only for the purposes of helping the parties reach a settlement. Prior to receiving an Entry, residents of Quebec will be required to answer correctly one trivia question per Entry (or in connection with Entries awarded in connection with Donations, one question per tier of Entries) available without mechanical or other aid. Entrant may choose during entry or registration to the Website to expressly instruct Sponsor that they wish to receive special offers, and information about services that may be of interest to them and grant permission to Sponsor to send electronic messages to Entrant regarding these things. If an Entrant does not provide such express consent during registration and the entry process, then such Entrant shall not be registered to receive such offers. If you consent to receive offers during registration but later decide that you do not want to continue receiving these offers, you may indicate so at any time by emailing us at info@omaze.com.
16. SPECIAL NOTE FOR SOUTH AFRICAN RESIDENTS: Entrants must be at least 18 years of age to enter. This trade Drawing is conducted to promote Coca-Cola. NO PURCHASE IS REQUIRED TO ENTER. SEE THE FULL RULES FOR DETAILS ON THE MULTIPLE METHODS TO ENTER FOR FREE. DONATIONS ARE SEPARATE FROM THE SWEEPSTAKES AND MAKING A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF ANY OF YOUR INDIVIDUAL ENTRIES WINNING ANY PRIZE IN THE DRAWING PORTION OF ANY DRAWING. DONATIONS AWARDED AS A RESULT OF A DONATION ARE GRATUITOUS AND IN ADDITION TO FREE METHODS OF ENTRY. Entrants are solely responsible for ensuring that making a Donation will not violate any provisions of applicable foreign exchange control regulations. With respect to any disputes between Omaze and Entrants that are residents of South Africa in connection with any of the terms of these Official Rules, either Party may file a Claim only in the courts located in the city of Cape Town, South Africa or in the city of Los Angeles, State of California, USA, at the Entrant’s choice.
© 2017 Omaze, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.