Mega May SweepstakesOfficial Rules

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

OPEN ONLY TO LEGAL RESIDENTS OF THE STATE OF CALIFORNIA WHO ARE 18 YEARS OF AGE OR OLDER AND ARE REGISTERED OHMCONNECT USERS AT THE TIME OF ENTRY. CALIFORNIA LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.

1. ELIGIBILITY

The Mega Month Sweepstakes (the “Sweepstakes”), sponsored by OhmConnect, Inc. (“Sponsor”), 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 the state of California, are 18 years of age or older and are registered OhmConnect users. 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 parent companies, subsidiaries and affiliates or any company involved in the operation of the Sweepstakes (collectively, the “Sweepstakes 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 the Sweepstakes, including, without limitation, eligibility determinations, will be made by Sponsor in its discretion. California law governs this Sweepstakes. Void where prohibited by law.

2. HOW TO ENTER

No purchase is necessary. The entry period for the Sweepstakes begins at 12:00 a.m. Pacific Time (PT) on May 1, 2021 and continues through 11:59 p.m. PT on May 31, 2021 (the “Entry Period”).  To enter, on at least one day during the Entry Period, the entrant must have in the entrant’s residence a smart home device (such as, for example, a smart thermostat or a smart plug) that is compatible with OhmConnect and that OhmConnect is authorized to manage on the entrant’s behalf in accordance with the OhmConnect Terms of Use. With respect to each day during the Entry Period (12:00 a.m. PT-11:59 pm. PT), each eligible entrant who on that day has at least one OhmConnect-managed smart home device in the user’s residence will receive one Sweepstakes entry with respect to that day. A registered OhmConnect user who satisfies the eligibility requirements set forth above but does not have at least one OhmConnect-managed smart home device in the user’s residence on a particular day during the Entry Period will not receive an entry with respect to that day, even if the user has an OhmConnect-managed smart home device in the residence on one or more other days during the Entry Period. There is a limit of one entry per person per day. If any person attempts to obtain more than the maximum number of entries 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 Sweepstakes. Entry times will be determined using a computer designated by Sponsor, which will be the official clock for the Sweepstakes. 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.

3. WINNER SELECTION, NOTIFICATION AND VERIFICATION

With respect to each day during the Entry Period, one potential prize winner will be selected in a random drawing conducted by Sponsor from among all entries for that day. The odds of being selected as a potential winner will depend on the number of eligible entries with respect to the applicable day. Each potential prize winner will be notified by e-mail (sent to the e-mail address associated with the potential winner’s OhmConnect account). 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 for the applicable day as specified in these Official Rules (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.

4. PRIZES

Thirty-one (31) prizes will be offered. Each prize consists of $1,000 USD, awarded in a form and via a means determined by Sponsor (which may include, without limitation, payment via the Payments function in the user’s OhmConnect account). The aggregate value of all prizes is $31,000 USD. 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. Each prize consists only of the items expressly specified in these Official Rules. 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 in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. 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.

5. GRANT OF RIGHTS

By entering the Sweepstakes, each entrant irrevocably grants to each of the Sweepstakes 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.

6. RELEASE AND LIMITATION OF LIABILITY

By entering the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, the Entry Location, any Sweepstakes website, participation in or entry in the Sweepstakes, 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 this Sweepstakes 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 Sweepstakes, the administration of the Sweepstakes 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 Sweepstakes. 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.

7. 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 this Sweepstakes 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 Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes 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 (declared or undeclared), terrorist threat or activity, or federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on Sponsor’s website and a random drawing will be conducted to award the prizes from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes 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 the Sweepstakes, 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 SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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. The Sweepstakes 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 this Sweepstakes, 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.

8. DISPUTES

By entering the Sweepstakes, 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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 this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in San Francisco, 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 Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.

9. USE OF INFORMATION

By entering the Sweepstakes, each entrant agrees that information submitted or obtained in connection with the Sweepstakes may be used as determined by Sponsor in connection with the administration of the Sweepstakes 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).

10. WINNERS’ NAMES AND RULES REQUESTS

For the names of the winners, available after June 1, 2021, or a copy of these Official Rules, send an email with the subject “Mega Month Sweepstakes Inquiry” to help@ohmconnect.com. Requests must be received by Sponsor within six months after the conclusion of the Entry Period.

11. SPONSOR

OhmConnect Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607.