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TERMS OF SERVICE

 

TERMS OF USE
Effective 10 June, 2022




NOTICE REGARDING DISPUTE RESOLUTION: These Terms of Use contain a binding
arbitration provision and class action waiver (see Section 18) that govern how
claims will be resolved between you and Omaze UK Limited (together with our
affiliates, “Omaze,” “we,” or “us”). Except for certain types of disputes
described in Section 18, if applicable, or where prohibited by law, by using the
Services (as defined below), you agree that disputes between you and Omaze 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.


* * *

Please read these Terms carefully and check them regularly as they may change
from time to time, per Section 3, below.

1. APPLICABILITY: These Terms of Use (these “Terms”) are between you and Omaze
UK Limited (together with our affiliates, “Omaze,” “we” or “us”) and provide the
general terms and conditions that govern your access to, use of, and
interactions with: (A) the Omaze website located at www.omaze.co.uk (the
“Website”), (B) Omaze applications made available through the Website (the
“Software”), (C) any Omaze-controlled social media pages (including on Facebook,
Instagram, Spotify and Twitter), and/or (D) any content, functionality, and
services offered on or through the Website, Software and social media pages. To
make these Terms easier to read, the Website and Software, along with the
Omaze-controlled social media pages and any content, functionality, and services
offered on or through the Website, Software and social media pages, are
collectively called the “Services.”


Please Note: Each of the promotional prize draws (the “Prize Draws”) offered on
the Website are also governed by additional terms and conditions. Prior to
participating in any Prize Draw please carefully read the Experience Rules
(located on the footer of the Website) and the Official Rules.


2. YOUR ACCEPTANCE OF THESE TERMS: Your use of the Services in any way signifies
that you accept and agree to these Terms, including any modifications that Omaze
makes from time to time. If you do not wish to be bound by these Terms, you may
not access or use the Service.

 




3. CHANGES TO THESE TERMS: Omaze may modify these Terms at any time, in our sole
discretion. To the extent permitted by law, all changes are effective
immediately when we post them and apply to all access to and use of the Services
thereafter. Your continued use of the Services following the posting of revised
Terms means that you accept and agree to the changes. You are responsible for
checking these Terms regularly to ensure that you understand the Terms that
apply at the time of your access to or use of the Services.

4. AGE REQUIREMENT: You must be at least 18 years old, or the age of legal
majority in your jurisdiction of residence, to use the Services.

5. ACCESS TO THE SERVICES: The Services are offered only for your personal,
non-commercial use, and not for the use or benefit of any third-party. We may,
in our sole discretion, change, modify and/or refuse to offer some of all the
Services to any person and change the eligibility criteria at any time. Any
right to access and use the Services is automatically revoked where these Terms,
or use of the Services, is prohibited or conflicts with any applicable law,
rule, or regulation.

 1. Limiting or Modifying the Services: We reserve the right to withdraw, limit
    or otherwise modify the Services, in our sole discretion without notice. We
    will not be liable if for any reason all or any portion of the Services are
    unavailable at any time or for any period.
 2. Internet Access: You are solely responsible for making all arrangements
    necessary for you to have access to the Services, including, without
    limitation, securing internet connections, and for any telecommunication
    fees.

6. Account Registration and Security: To enjoy full access and use of our
Services, you may be asked to provide certain registration details or other
information so to create a user account (an “Account”).

 1. Account Information: It is a condition of your use of the Services that all
    the information you provide is correct, current, and complete. You may not
    use someone else’s name, or any name, location, other public profile
    information or image that violates any third-party rights, is against the
    law, or that is offensive, obscene, or otherwise objectionable. You agree to
    promptly notify us if any of your information changes or is inaccurate.
 2. Account Security: Your account is for your personal use only. You may not
    allow others to use your Account and may not or transfer your Account to any
    other person or entity. You must safeguard the confidentiality of your
    password, and if you are using a device that others have access to, log out
    of your account after using the Services. You are responsible for all
    activity that occurs under your account, including any activity by
    unauthorized users. If you suspect or know of unauthorized access to your
    account, change your password and immediately notify Omaze by sending an
    email to team@omaze.co.uk.

7. TERMINATION OF RIGHT TO USE; ACCOUNT DELETION: We have the right to suspend,
delete and/or disable any Account (or any part thereof) or block or remove any
User Contribution (as defined in Section 11, below) for any lawful reason,
including if we determine that you have violated these Terms or that your
conduct or User Contribution would tend to damage Omaze’s reputation or
goodwill. If Omaze deletes your account or terminates your permission to use the
Services, you may not re-register for or continue to use the Service under any
other email or Account without explicit permission by Omaze.



8. PRIVACY NOTICE: Please review the Privacy Notice to learn about (A) what
information we may collect about you, (B) what we use that information for, and
(C) with whom we may share your information.

9. LIMITED PERMISSION TO USE THE SERVICES:

 1. Limited License: Subject to your compliance with these Terms and solely for
    so long as you are permitted by us to access and use the Services, Omaze
    grants to you a revocable, limited, non-exclusive, non-transferable,
    non-sublicensable, non-assignable license to use the Services for your
    personal, non-commercial use only. You may not copy, modify, reverse
    engineer, disassemble, or create derivative works based on the Services,
    distribute, sell, grant rights in or to the Services, publicly display,
    republish, download, store, or transmit any of the Services, except as
    follows:
     1. Your computer may temporarily store copies of such materials in RAM
        incidental to your accessing and using the Services.
     2. You may store files that are automatically cached by your web browser
        for display enhancement purposes.
     3. You may print or download one copy of a reasonable number of pages of
        the Website for your own personal, non-commercial use and not for
        further reproduction, publication, or distribution.
     4. If we provide desktop, mobile, or other applications for download, you
        may download a single copy to your computer or mobile device solely for
        your own personal, non-commercial use, provided you agree to be bound by
        our end user license agreement for such applications.
     5. If we provide social media features with certain content, you may take
        such actions as are enabled by such features.

    This license will remain in effect unless and until you violate these Terms,
    or this license is terminated by you or Omaze. Any use of the Services not
    expressly permitted by these Terms is a breach of these Terms and may
    violate copyright, trademark, and other laws. Omaze, in its sole discretion,
    may at any time for any reason suspend or terminate any license hereunder
    without prior notice.

 2. Omaze Intellectual Property: The interfaces, content, arrangement and layout
    of the Website including, but not limited to, the Omaze trademark and logo,
    designs, text, artwork, graphics, images, buttons, user interfaces,
    information, and other content, and any compilation of the foregoing (“Omaze
    Intellectual Property”) are the property of Omaze, except where otherwise
    noted, and are protected from copying, imitation, communication, or
    simulation under United States, United Kingdom, and international laws and
    may not be reproduced, modified, communicated, displayed, distributed, or
    transmitted without the prior written permission of Omaze. All modifications
    and enhancements to the Services remain the sole property of Omaze. You
    understand and acknowledge that, by using the Services, you do not acquire
    or obtain by implication or otherwise, any license or right to use any of
    the Omaze Intellectual Property in any manner not expressly permitted under
    these Terms.



10. GENERAL PROHIBITIONS AND OMAZE’S ENFORCEMENT RIGHTS: You may use the
Services only for lawful purposes and in accordance with these Terms.
Additionally, you agree that you will not do any of the following:

 1.  Impersonate or misrepresent your affiliation with any person or entity.
 2.  Interfere, or attempt to interfere, with the proper working of the
     Services.
 3.  Use the Services, or any portion thereof, for any commercial purpose or for
     the benefit of any third-party or in any manner not permitted by these
     Terms or permitted expressly in writing by Omaze.
 4.  Attempt to decipher, decompile, disassemble, or reverse engineer any of the
     software used to provide the Services.
 5.  Access, tamper with, or use non-public areas of the Services, Omaze’s
     computer systems, or the technical delivery systems of Omaze’s providers.
 6.  Attempt to probe, scan or test the vulnerability of any Omaze system or
     network or breach any security or authentication measures.
 7.  Avoid, bypass, remove, deactivate, impair, descramble or otherwise
     circumvent any technological measure implemented by Omaze or any of Omaze’s
     providers or any other third-party (including another user) to protect the
     Services, systems, or other content.
 8.  Bypass any territorial restrictions, including IP address-based
     restrictions, that may be applied to the Services.
 9.  Use the Services in any manner that could disable, overburden, damage, or
     impair the Website or interfere with any other party's use of the Services,
     including their ability to engage in real time activities through the
     Website.
 10. Use any robot, spider, or other automatic device, process, or means to
     access the Services for any purpose, including monitoring or copying any of
     any information or materials.
 11. Use any manual process to access, monitor or copy any information or
     materials, or for any other purpose not expressly authorized in these
     Terms, without our prior written consent.
 12. Collect or store any personally identifiable information from other users
     of the Services.
 13. Use any device, software, or routine that interferes with the proper
     working of the Services.
 14. Introduce any viruses, Trojan horses, worms, logic bombs, or other material
     that is malicious or technologically harmful.
 15. Attempt to gain unauthorized access to, interfere with, damage, or disrupt
     any parts of the Website of Software, the servers on which the Website of
     Software are stored, or any other server, computer, or database connected
     to the Services.
 16. Attack the Website, or any other server, computer, or database connected to
     the Services, via a denial-of-service attack or a distributed
     denial-of-service attack.
 17. Use, display, mirror or frame the Services or any individual element within
     the Services, Omaze’s name, any Omaze trademark, logo or other proprietary
     information, or the layout and design of any page or copy contained on a
     page, without Omaze’s express written consent.
 18. Use any meta tags or other hidden text or metadata utilizing a Omaze
     trademark, logo URL or product name without Omaze’s express written
     consent.
 19. Forge any TCP/IP packet header or any part of the header information in any
     email or newsgroup posting, or in any way use the Services or User
     Contributions to send altered, deceptive, or false source-identifying
     information.
 20. Send any unsolicited or unauthorized advertising, promotional materials,
     email, junk mail, spam, chain letters or other form of solicitation.
 21. Post, upload, publish, submit, or transmit any User Contribution or engage
     in any activity that:
      1. infringes, misappropriates, or violates a third-party’s patent,
         copyright, trademark, trade secret, moral rights or other intellectual
         property rights, or rights of publicity or privacy.
      2. violates, or encourages any conduct that would violate, any applicable
         law or regulation or would give rise to civil liability.
      3. is fraudulent, false, misleading, or deceptive.
      4. is defamatory, obscene, pornographic, vulgar or offensive.
      5. promotes discrimination, bigotry, racism, hatred, harassment or harm
         against any individual or group.
      6. is violent or threatening or promotes violence or actions that are
         threatening to any person, animal, or entity.
      7. publishes the confidential, proprietary or personal information of any
         other person or entity
      8. exploits minors.
      9. promotes illegal or harmful activities or substances.

 22. Encourage or enable any other individual to do any of the foregoing to
     otherwise violate these Terms.




Although we’re not obligated to monitor access to or use of the Services, we
have the right to do so for the purpose of operating the Services, to ensure
compliance with these Terms, to comply with applicable law or other legal
requirements and to maintain the integrity and reputation of the Services and
Omaze’s systems. We have the right to investigate violations of these Terms or
conduct that affects the Services. We may also consult and cooperate with law
enforcement authorities to prosecute users who violate the law.

11. USER CONTRIBUTIONS: The Services may include platforms, boards, profiles,
forums, chat features and/or other interactive features (collectively, the
“Interactive Services”) that allow users to post, submit, publish, display, or
transmit to Omaze, to other users or to other persons generally (hereinafter,
“post”) content or materials through or in connection with the use of any of our
Services (collectively, “User Contributions”). We do guarantee that other users
or third-parties will not use the User Contributions that you post. If you have
ideas and/or information that you want to remain confidential and/or do not want
us or others to use, do not post them. We shall have no responsibility to
evaluate, use or compensate you for any User Contribution. Further, we are under
no obligation to oversee, monitor, or moderate any Interactive Service we
provide. You may be able to remove your User Contributions by specifically
deleting it, but we are not responsible or liable for the removal or deletion of
(or the failure to remove or delete) any of your User Contributions.

 1. Non-Confidential and Non-Proprietary: Any User Contribution, whether
    publicly posted or privately transmitted, will be considered
    non-confidential and non-proprietary.
 2. License to Use User Contributions: You explicitly grant Omaze and its
    service providers, and each of their and our respective licensees,
    successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive,
    sublicensable (through multiple tiers), transferable, royalty-free license
    and right to use, copy, transmit, distribute, publicly perform and display
    (through all media now known or later created), edit, modify, and make
    derivative works from your User Contribution (including, without limitation,
    translations) for any purpose whatsoever, commercial or otherwise, without
    any attribution and/or compensation to you. In addition, you waive any
    so-called “moral rights” or rights of privacy or publicity in your User
    Contribution(s). You further grant all users of the Services permission to
    view your User Contribution(s) for their personal, non-commercial purposes.
    If you make suggestions to Omaze or through the Services about improving or
    adding new features or products to the Services or you otherwise provide
    feedback, product or service reviews or testimonials, you hereby grant to
    Omaze a worldwide, perpetual, irrevocable, non-exclusive, sublicensable
    (through multiple tiers), transferable royalty-free license and right to
    use, copy, modify, create derivative works based upon and otherwise exploit
    your suggestions, feedback, reviews and testimonials for any purpose
    (including for marketing), without any notice, compensation or other
    obligation to you.
 3. Your Responsibility for Your User Contributions: Any User Contribution,
    whether publicly posted or privately transmitted, is the sole responsibility
    of the person who posed such User Contribution. By posting any User
    Contribution, you represent and warrant that:
     1. You are not a minor.
     2. You represent that you own (or have all rights necessary to grant Omaze
        the license above to) all the User Contributions you may post, and that
        Omaze will not need to obtain licenses from any third-party or pay
        royalties to any third-party to use such User Contribution(s).
     3. All of your User Contributions do and will comply with these Terms and
        any content standard stated herein.

 4. Monitoring and Enforcement: We do not undertake to review all User
    Contributions before they are posted have and cannot ensure prompt removal
    of objectionable material after it has been posted. Accordingly, we assume
    no liability or responsibility to anyone for any action or inaction
    regarding transmissions, communications, or content provided by any user or
    third-party. We have no liability for the performance or nonperformance of
    the activities described in this section. However, we reserve the right to:
    (i) remove or refuse to post any User Contribution for any or no reason in
    our sole discretion, (ii) take any action with respect to any User
    Contribution that we deem necessary or appropriate in our sole discretion,
    (iii) Disclose your identity or other information about you to any third
    party who claims that material posted by you violates their rights,
    including their intellectual property rights or their right to privacy, and
    (iv) take appropriate legal action for any illegal or unauthorized use of
    the Services.



12. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT: Omaze respects the
intellectual property of others, and we ask our users to do the same. Each user
is responsible for ensuring that their User Contribution does not infringe any
third-party’s right or other intellectual property rights. If you believe that
the Services or any User Contribution contains elements that infringe or
misappropriate your copyrights or other intellectual property rights (or the
intellectual property rights of others), please submit written notice to us
at IP@Omaze.com in accordance with this section.

 1. Copyright Infringement: If you believe that your work has been copied in a
    way that constitutes copyright infringement, please provide us with a
    written notice to our copyright agent (contact information below) containing
    the following information:
     1. Your name, address, telephone number, and email address.
     2. A description of the copyrighted work that you claim has been infringed.
     3. A description of where on the Omaze Services the material that you claim
        is infringing may be found, sufficient for Omaze to locate the material
        (e.g., the URL).
     4. A statement that you have a good-faith belief that the use of the
        copyrighted work is not authorized by the copyright owner, its agent, or
        the law.
     5. A statement by you under penalty of perjury that the information in your
        notice is accurate and that you are the copyright owner or authorized to
        act on the copyright owner’s behalf.
     6. Your electronic or physical signature.

You may submit this information, or any counter-notice, via:


Email: IP@Omaze.com (with the subject line “Copyright Notices”)

Mail:

Omaze UK Limited
3rd Floor, 1 Ashley Road,
Altrincham, Cheshire, WA14 2DT
United Kingdom
Attn: Copyright Agent

If properly notified that any materials infringe a third-party’s copyright, we
will promptly remove such materials from the Omaze Services in accordance with
the U.S. Digital Millennium Copyright Act (“DCMA”), the U.K. Copyright Designs
and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or
equivalent laws which are applicable in other jurisdictions. In addition, Omaze
may, when appropriate, terminate the Accounts and license hereunder of repeat
copyright infringers.

Omaze may disclose any communications, including your contact information,
concerning DMCA, CPDA, DEA or other applicable copyright notices or other
intellectual property complaints with third-parties, including to the users who
have posted the allegedly infringing material.

13. THIRD PARTY PRODUCTS: Third-party services, content, information, and
products may be made available by Omaze on or through the Website (“Third-Party
Products”). Third-Party Products are provided solely for the convenience of our
users and Omaze makes no representations or warranties regarding any Third-Party
Products and takes no responsibility and assumes no liability for any
Third-Party Products. Third-Party Products are subject to the applicable terms
and policies of the third-parties that offer them.



14. HYPERLINKS:

 1. Links from the Website: The Website may contain links to websites operated
    by other parties. Omaze provides these links to other websites as a
    convenience and use of these sites is at your own risk. The linked sites are
    not under the control of Omaze, and Omaze is not responsible for the content
    available on the other sites. Such links do not imply Omaze’s endorsement of
    information or material on any other site and Omaze disclaims all liability
    regarding your access to and use of such linked websites.
 2. Links to the Website: You may not place a link to the Website on another
    website without our prior written consent and, without limiting the
    foregoing, you must adhere to Omaze’s linking policy as follows: (i) the
    appearance, position and other aspects of the link may not be such as to
    damage or dilute the goodwill associated with Omaze and/or its licensors’
    names and trademarks, (ii) the appearance, position and other attributes of
    the link may not create the false appearance that your organization or
    entity is sponsored by, affiliated with, or associated with Omaze, (iii)
    when selected by a user, the link must display the Website on full-screen
    and not within a frame on the linking site, and (iv) Omaze reserves the
    right to revoke its consent to the link at any time and in its sole
    discretion.

15. DISCLAIMER OF WARRANTIES: The services are provided on an as is and as
available basis for your use, without warranties of any kind, either express or
implied, including without limitation, warranties of satisfactory quality,
merchantability, fitness for a particular purpose, title, non-infringement, and
those arising from course of dealing or usage of trade. Omaze makes no warranty
as to the quality, accuracy, completeness, or reliability of any content
available through, or the performance of, the services. You are responsible for
verifying any information before relying on it. Use of the services is at your
sole risk. Omaze does not warrant that you will be able to access or use
services at the times or locations of your choosing; that the operation of the
services will be uninterrupted or error-free; that defects will be corrected; or
that the services are free of viruses or other harmful components. Omaze
provides no warranty or guaranty of any kind that the services will meet your
expectations or requirements. Because some states or jurisdictions do not allow
the disclaimer of implied warranties, the foregoing disclaimers may not apply to
you.

16. BREACH OF THESE TERMS: You are responsible for compensating the following
persons in full for any losses or damage they suffer which is caused by your
breach of these Terms: Omaze and its parents, subsidiaries, and affiliated
companies, and all of their respective past and present officers, directors,
employees, agents, and representatives (collectively, the “Released Parties”).



17. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: To the maximum extent
permitted by law, the released parties are not responsible and will have no
obligation or liability resulting from (i) incorrect or incomplete information,
whether caused by you or otherwise, technical errors, or by any of the equipment
or programming associated with or utilized by Omaze; (ii) technical failures of
any kind, including, but not limited to outages, malfunctions, interruptions, or
disconnections in phone lines or network hardware or software or scheduled or
unscheduled maintenance; (iii) the use or the inability to use the services;
(iv) unauthorized access to or alteration of your transmissions or data; (v)
statements or conduct of any third party on the website; (vi) any other matter
relating to the services; (vi) the cost of procuring substitute goods, services
or technology; or (vii) any indirect, incidental, consequential, or special or
exemplary damages arising out of or in any way connected with access to or use
of the services, even if Omaze and/or its affiliates have been advised of the
possibility of such damages. To the full extent permissible under applicable
law, Omaze’s aggregate liability to you or any third party in any circumstance
shall not exceed one hundred dollars ($100). You acknowledge and agree that your
sole remedy for any breach of these terms and any problems or dissatisfaction
with the website or any portion of the software is to terminate your account and
discontinue the use of the website and the software. Because some jurisdictions
do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such jurisdictions, the liability of Omaze and its
affiliates hereunder shall be limited to the fullest extent permitted by law.

18. 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
Messaging Terms.

 1. Mandatory Arbitration of Disputes:We each agree that any dispute, claim, or
    controversy arising out of or relating to these Terms or the breach,
    termination, enforcement, interpretation, or validity thereof or the use of
    the Services, including the determination of the scope or applicability of
    this arbitration provision, (each, a “Claim”) will be resolved solely by
    binding, individual arbitration and not in a class, representative or
    consolidated action or proceeding. You 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 Terms and that this arbitration
    provision shall survive termination of these Terms.
 2. Class Action Waiver: You and Omaze each agree that either of us 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
    18 shall be null and void.
 3. Limited Remedies: Additionally, except as may be provided for in Subsection
    18(D), below, or prohibited by law, we each agree that, for any dispute,
    claim, or controversy arising out of or relating to these Terms or the
    breach, termination, enforcement, interpretation, or validity thereof or the
    use of the Services, 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.
 4. Exceptions and Opt-out: Notwithstanding Subsections 18(A) and (B), above, we
    each retain the right to:
     1. seek to resolve a Claim in small claims court if it qualifies; and
     2. 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 21(C), below, within 30 days following the date you
first agree to these Terms. If Omaze changes any of the terms of this Section
18 after the date you first accepted these Terms (or accepted any subsequent
changes to these Terms), 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 18 as of the date you first accepted these Terms (or accepted any
subsequent changes to these Terms).

 1. E. Dispute Resolution and Notification of Claims: Prior to bringing a Claim
    you 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
    21(C), 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 you or Omaze may initiate arbitration
    proceedings as set out below.




 1. F. 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 https://www.jamsadr.com. JAMS will appoint
    an arbitrator. When practical, the arbitrator should have prior subject
    matter knowledge and familiarity with sweepstakes 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 you live, unless we
    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 you 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 Terms.




 1. G. 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.




 1. H. 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.
    You 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 England.




 1. I. 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.

 

19. CONTRACTING ENTITY, GOVERNING LAW; JURISDICTION: Users of
the www.Omaze.co.uk website are contracting with Omaze UK Limited. Users of
the www.Omaze.com website are contracting with Omaze, Inc.

If you contracted with Omaze, Inc., all matters relating to the Services and/or
Terms of Use applicable to www.omaze.co.uk, and any Claim arising therefrom or
related thereto (in each case, including non-contractual disputes or Claims),
shall be governed by and construed in accordance with United States federal law
and the law of the State of Delaware, without giving effect to the conflict of
laws rules thereof.

Subject to the arbitration provision and class action waiver in the Terms of Use
applicable to www.omaze.co.uk, if you contract with Omaze, Inc., exclusive
jurisdiction for all Claims that are not required to be arbitrated will be in
the state and federal courts located in Wilmington, Delaware, United States and
you consent to the jurisdiction of those courts.

If you contracted with Omaze UK Limited, all matters relating to the Services
and/or these Terms, and any dispute or Claim arising therefrom or related
thereto (in each case, including non-contractual disputes or Claims), shall be
governed by and construed in accordance with the laws of England and Wales.

Subject to the arbitration provision and class action waiver in these Terms, if
you contract with Omaze UK Limited, exclusive jurisdiction for all Claims will
be in English courts and you consent to the jurisdiction of those courts.
However, as a consumer, if you live in another part of the United Kingdom, you
can bring legal proceedings in respect of these Terms in either the English
courts or your local courts.

20. LIMITATION ON TIME TO FILE CLAIMS: Any cause of action or claim you may have
arising out of or relating to these terms or the services 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.



21. GENERAL:



 1. Relationship of Parties: You agree that no joint venture, partnership,
    employment, or agency relationship exists between you and Omaze because of
    these Terms or your use of the Services.
 2. 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 unauthorized assignment
    by you shall be null and void ab initio.
 3. Notices: All notices given by you or required under these Terms shall be in
    writing and addressed to: Omaze UK Limited, c/o General Counsel’s Office,
    3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT.
 4. Equitable Remedies: You hereby agree that Omaze would be irreparably damaged
    if the terms of these Terms were not specifically enforced, and therefore
    you agree that we shall be entitled, without bond, other security, or proof
    of damages, to appropriate equitable remedies with respect to breaches of
    these Terms, in addition to such other remedies as we may otherwise have
    available to us under applicable laws.
 5. Force Majeure: Neither you or Omaze will be liable for any failure or delay
    in performance under these for causes beyond the other party’s reasonable
    control and not caused by that party’s fault, or negligence, including, but
    not limited to, “acts of God”, acts of government, flood, fire, civil
    unrest, acts of terror, strikes or other labor problems, computer attacks or
    malicious acts, such as attacks on or through the internet, any internet
    service provider, telecommunications or hosting facility, but in each case,
    only if and to the extent that the non-performing party is without fault in
    causing such failure or delay, and the failure or delay could not have been
    prevented by reasonable precautions and measures and cannot reasonably be
    circumvented by the non-performing party through the use of commercially
    reasonable, alternate sources.
 6. Waiver and Severability: Our failure to enforce any provision of these Terms
    shall in no way be construed to be a present or future waiver of such
    provision, nor in any way affect the right of any party to enforce each such
    provision thereafter. The express waiver by us of any provision, condition
    or requirement of these Terms shall not constitute a waiver of any future
    obligation to comply with such provision, condition or requirement. If any
    of the provisions of these Terms is found to be invalid or unenforceable,
    then that provision will be construed in a manner consistent with applicable
    laws to reflect, as nearly as possible, the original intentions of the
    parties, and the remaining provisions shall remain in full force and effect.



 1. G. Entire Agreement: These Terms, including Official Rules and Experience
    Rules, as well as any other the documents, rules or policies expressly
    incorporated by reference, constitutes the entire agreement between you and
    us with respect to the Services supersede all prior and contemporaneous
    understandings, agreements, representations, and warranties, both written
    and oral, regarding the Services.




 1. H. Your Comments and Concerns: The Website is operated by Omaze UK Limited.
    All notices of copyright infringement claims should be sent to the copyright
    agent designated in the Copyright Infringement provision, Section 12(A), in
    the manner and by the means set out therein. All other feedback, comments,
    requests for technical support, and other communications relating to the
    Services should be directed to: team@omaze.co.uk.




 1. I. Complaints: A complaint should be formally raised to us by emailing
    team@omaze.co.uk with the subject 'Official Complaint'. All complaints will
    be investigated as appropriate and complainants will be informed of the
    outcome within in writing within 28 days of Omaze acknowledging the
    complaint. If a complainant is dissatisfied with Omaze’s response, they can
    refer the complaint to the Fundraising Regulator within two months of
    receiving the response from Omaze. Omaze will retain information about
    complaints in accordance with Omaze’s Privacy Notice and with the
    Fundraising Regulator’s Terms and Conditions and will provide information
    and communications relating to complaints to the Fundraising Regulator where
    requested.

Copyright ©2022 Omaze, Inc. All third-party names and trademarks are the
property of their respective owners.

© 2024 Omaze



DRAW

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 * Our Winners
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OMAZE

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 * Work at Omaze
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CHARITY

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LEGAL

 * Official Rules
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 * Experience Rules - The Great Escape House Draws
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DRAW

 * The Lake District House
 * 
 * Omaze Subscriptions
 * Past Draws
 * Our Winners
 * Draw Results
 * Weekly Draw Winners
 * My Account
 * 
 * 

OMAZE

 * About Omaze
 * FAQs
 * Email Signup
 * Messaging Signup
 * 
 * Work at Omaze
 * Our Blog
 * Public Relations
 * Omaze Community Guidelines
 * 

CHARITY

 * Age UK
 * 
 * Our Charity Partners
 * 
 * 
 * 
 * 
 * 
 * 
 * 

LEGAL

 * Official Rules
 * Experience Rules - Omaze Million Pound House Draws
 * Experience Rules - The Great Escape House Draws
 * Experience Rules - Subscriber Draws
 * Terms of Use
 * Subscription Terms of Use
 * Messaging Terms of Use
 * Omaze Gift Card Terms of Use
 * Cookie Notice
 * Privacy Notice
 * Cookie Settings

Please note that the Omaze Million Pound House Draw and Great Escape House Draw
are not a charity raffle, house raffle or house lottery but a prize draw. Our
online contest to win a house includes a method of entry via post. In addition
to getting the opportunity to win a house, entrants will also be entered into
other prize draws to win additional prizes regardless of the method of entry. No
purchase is necessary to enter but the intention of the house draw is that
people enter to win a house and support a worthy charitable cause.


© 2024 Omaze

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