tag:

OhmConnect Prize Program Official Rules

Last updated: June 13, 2022

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.

OPEN ONLY TO LEGAL RESIDENTS OF ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. CALIFORNIA LAW GOVERNS THIS PROMOTION. VOID WHERE PROHIBITED.

1. Eligibility:

The OhmConnect Prize Program (the “Program”) is sponsored by OhmConnect, Inc. (“Sponsor”) and its affiliates. The Program consist of a series of individual promotions (each a “Promotion”) in which Sponsor will offer prizes via Sponsor’s web app (https://app.ohmconnect.com) (the “Website”) and conduct drawings to award such prizes, in accordance with these Official Rules. Each Promotion constitutes a separate promotion and is subject to these Official Rules. Each Promotion is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are legal residents of one of the fifty United States or the District of Columbia and are 18 years of age or older. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of Sponsor or any of Sponsor’s subsidiaries or affiliates or any company involved in the operation of the Promotion (collectively, the “Promotion Entities”), or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. All determinations regarding the conduct of each Promotion, including, without limitation, eligibility determinations, will be made by Sponsor in its discretion. California law governs the Promotion. Void where prohibited by law.

2. Program Period:

The Program will continue through an end date and time designated by Sponsor. Upon determination by Sponsor of the end date and time, Sponsor will post the Program end date and end time on the Website. Unless otherwise specified by Sponsor, there will be two Promotions per calendar month and the entry period for each Promotion (the “Entry Period”) will be a period of approximately 15 consecutive days, ending either on approximately the 15th day of the month or approximately the last day of the month.‍

3. Prizes:

A description of each prize offered in each Promotion (each a “Prize”), and other relevant details concerning the Prize, will be made available on the Website. Each Prize consists only of the items expressly specified by Sponsor. With respect to each Promotion, the aggregate approximate retail value of all Prizes will not exceed $5,000. All expenses or costs associated with the acceptance or use of a Prize or any Prize component are the responsibility of the winner. Each Prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of Prizes stated on the Website or in any Supplemental Terms (as defined below) be awarded. All federal, state and local taxes on the value of the Prize are the responsibility of the recipient. An IRS Form 1099 will be issued if required by law. All Prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. Each Prize will be awarded if properly claimed. With respect to one or more Prizes, Sponsor may provide on the Website additional terms that apply to such Prizes and/or the selection of recipients of such Prizes (“Supplemental Terms”). Any Supplemental Terms will constitute part of these Official Rules. No substitution or transfer of the right to receive a Prize is permitted, except in the discretion of Sponsor, which has the right to substitute the Prize or any Prize component with a Prize or Prize component of equal or greater monetary value selected by Sponsor in its discretion.‍‍

4. How To Enter:

No purchase is necessary. There are three ways to enter.

General Entry Terms and Conditions: If any person attempts to obtain more than the maximum number of online entries per day by using multiple email addresses or identities, or through any other means, Sponsor will have the right in its discretion to void the entrant’s excess entries and/or to disqualify the entrant from the Promotion. Entry times will be determined using a computer designated by Sponsor, which will be the official clock for each Promotion. All entries are subject to verification at any time. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Entries are not transferable.

5. Winner Selection, Notification And Verification:

With respect to each Prize, one potential winner will be selected in a random drawing conducted by Sponsor from among all timely entries received during the applicable Entry Period prior to the drawing. The odds of being selected as a potential winner will depend on the number of eligible entries with respect to the applicable Prize. Each potential Prize winner will be notified by e-mail (if the potential winner is an enrolled OhmConnect user, sent to the e-mail address associated with the potential winner’s OhmConnect account; or if the potential winner entered by completing the online form, sent to the e-address provided by the potential winner via the form). Each potential winner will be required to respond to Sponsor’s notification attempt within 72 hours. Each potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor to verify eligibility and confirm the releases and grant of rights set forth in these Official Rules, including an IRS Form W-9 where required, within five days of attempted delivery of same. If a potential winner cannot be reached or does not respond within the required timeframes or if a potential winner does not otherwise comply with these Official Rules and/or cannot accept the Prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries (in which case the foregoing provisions will apply to such newly-selected entrant). Even if a potential winner is announced (e.g., on Sponsor’s social media accounts), such person will not be deemed a winner until Sponsor has verified such person’s eligibility.

6. Grant Of Rights:

By entering a Promotion, each entrant irrevocably grants to each of the Promotion Entities, each of their respective successors and assigns and the agents and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice and biographical information and statements attributed to the entrant, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.

7. Release And Limitation Of Liability:

By entering a Promotion, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Promotion, all other companies involved in the provision of the prize or any component of the prize, the agents and contractors of each of the foregoing, and the directors, officers and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have, and all liabilities, damages and expenses of any kind, arising out of or relating to the Promotion, any Promotion website, participation in or entry in the Promotion, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in the Promotion or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the marketing of or other communications concerning the Promotion, the administration of the Promotion or the announcement of any prize winner. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Promotion. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.

8. General Rules:

 Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend the Program or any Promotion at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Program or any Promotion or if for any other reason Sponsor is not able to conduct the Promotion as planned (including without limitation in the event the Promotion is interfered with by any fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war, terrorist threat or activity, or federal, state or local law, order or regulation or court order). In the event of termination of the Program or any Promotion, a notice will be posted on Sponsor’s website and a random drawing will be conducted from among all eligible entries received prior to the time of termination to award the Prizes that were previously offered and not awarded. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating any individual who, in its discretion, it determines or believes (i) has violated the OhmConnect Terms of Use, (ii) has tampered with the entry process or has undermined the fair or legitimate operation of a Promotion, including by cheating, hacking, deception or other unfair practices, (iii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iv) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to obtain or submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been obtained submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the relevant OhmConnect account. Each Promotion is subject to all applicable federal, state and local laws and regulations. All entries become the property of Sponsor and will not be verified or returned. By participating in a Promotion, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.

9. Disputes:

By entering a Promotion, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Promotion will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of a Promotion or relating to these Official Rules shall be instituted only in the federal or state courts located in Alameda County, California, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Promotion information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.

10. Use Of Inforamtion:

By entering a Promotion, each entrant agrees that information submitted or obtained in connection with the Promotion may be used as determined by Sponsor in connection with the administration of the Promotion and to send marketing and promotional communications to entrants, and as otherwise permitted pursuant to the OhmConnect Privacy Policy (available at ohmconnect.com/privacy-policy).

11. Winners’ Names And Rules Requests:

For the names of the winners, or a copy of these Official Rules, send a self-addressed stamped envelope to: OhmConnect Prize Program, OhmConnect, Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607. Requests must be received by Sponsor within six months after the conclusion of the Promotion.

12. Sponsor:

OhmConnect Inc., Oakland, CA.