General Terms for Prize Promotions

These General Terms for Prize Promotions apply to all promotional events that offer a prize drawing offered by Anomalo, Inc., 855 El Camino Real, Suite 405, Palo Alto, California 94301, and specifically reference these General Terms (“Prize Promotion”). Each Prize Promotion may have additional terms and conditions as provided by the Prize Promotion (“Prize Promotion Terms”).

Prize Promotions are open to persons over 18 who are eligible for the given Prize Promotion. Entries for persons who do not meet a Prize Promotion’s requirements will be deemed ineligible and not considered in the Prize Promotion. Anomalo may disqualify any entrant who Anomalo reasonably believes to have violated these General Terms or the applicable Prize Promotion Terms. Employees and contractors of Anomalo and any joint promoters of a given Prize Promotion, as well as members of their direct families, are not eligible to enter Prize Promotions.

Prize Promotion Terms will provide the specific methods to enter the Prize Promotion during an applicable promotion period. All Prize Promotions will have at least two entry methods that include a free, online entry method. No purchase or payment is required to enter any Prize Promotion, and no purchase or payment will increase an entrant’s chances of winning any prize. Prize Promotions are limited to one entry per person, and entrants may not enter on behalf of any other person or entity. Entrants must provide all required information, including without limitation legal name, email address, and address of residence.

Anomalo may replace all or any part of a prize provided in a Prize Promotion for an alternative prize of equal or greater value. Prizes are not transferable and have no cash alternative. Stated prize values are at the recommended retail price in an applicable currency and are, to the best of Anomalo’s knowledge and belief, correct at the time the Prize Promotion begins. Anomalo will not change prizes based on any changes in prize values. All Prize Promotions have one (1) available prize unless multiple prizes are specifically provided in the applicable Prize Promotion Terms.

Anomalo will select Prize Promotion winners by a random draw from all eligible entries for the given Prize Promotion. Winners need not be present to win. The odds of winning a prize are determined by the number of complete entries for the given Prize Promotion received. The selection will occur within seven (7) calendar days from the end of the applicable promotion period. Winning entrants will receive notice of selection within seven (7) calendar days of the winner’s selection. Winners must respond to Anomalo’s notice within fourteen (14) calendar days of receiving notice. If Anomalo does not receive a response from a winner within that period, the winner forfeits the prize and Anomalo may select another winner from the remaining eligible entries. Anomalo’s notice to winners shall be by email provided by the winning entrant’s entry or as otherwise provided in the applicable Prize Promotion Terms. All decisions related to a Prize Promotion are at Anomalo’s reasonable discretion and are final. Anomalo will not discuss any Prize Promotion with any entrant or other person or entity, but Anomalo will identify winers, locations of residence for winners, the date of receipt of prizes, the value of prizes, and other information, each as may be required by applicable law. To request information on Prize Promotions and winners, email legal@anomalo.com.

Anomalo will deliver prizes to the email or address provided by the winner in the winner’s entry. Anomalo reserves the right to request proof of the winner’s identity and address, including without limitation through a passport, driver’s license, utility bill, signed affidavit, or other documentation. If the winner fails to provide requested proof of identity and address that is reasonably acceptable to Anomalo, the winner forfeits the prize and Anomalo may select another winner from the remaining eligible entries.

Anomalo will use all personal information provided by entrants when entering a Prize Promotion for the purposes of administering the Prize Promotion and in accordance with Anomalo’s Privacy Policy (available at https://www.anomalo.com/legal/privacy/) as applicable. By providing personal information to Anomalo to enter the Prize Promotion, entrants consent to receiving communications from Anomalo regarding the Prize Promotion. If an entrant opts-in to receiving communications from Anomalo regarding Anomalo’s offers, business, products, services, and promotions, Anomalo will process the entrant’s personal information in accordance with applicable law and Anomalo’s Privacy Policy. For example, Anomalo would add the entrant’s contact information to Anomalo’s contact lists until the entrant withdraws the entrant’s consent.

a. Amendment or Termination. Anomalo may change these General Terms or an applicable Prize Promotion Terms at any time and may terminate a Prize Promotion at any time, each in Anomalo’s sole discretion. The version of the General Terms or Prize Promotion Terms in effect at the start of a Prize Promotion will apply to that Prize Promotion unless Anomalo is reasonably required to adjust such terms.

b. Availability. System, services, or processes related to any Prize Promotion may fail or otherwise be unavailable, discontinued, modified, or changed without notice, including without limitation in cases of problems with networks, systems, servers, software, or other technical malfunction or failure, maintenance or repair, or for reasons otherwise reasonably beyond Anomalo’s contract. Anomalo has no responsibility where all or any part of such systems, services, or processes fail or otherwise are unavailable, discontinued, modified, or changed in any way.

c. Conflict. In the event of a conflict between these General Terms and the terms and conditions provided by a Prize Promotion, the General Terms will control unless specifically overridden by the Prize Promotion.

d. Enforcement. Anomalo’s failure to enforce any term or condition in these General Terms or applicable Prize Promotion Terms will not waive or otherwise prevent it from enforcing such terms or conditions in the future, and will not give rise to any claim or right of action by any entrant or prize winner.

e. Governing Law. Except to the extent provided otherwise in these General Terms or an applicable Prize Promotion Term, these General Terms and applicable Prize Promotion Terms shall be governed by the law of State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. For residents of the United Kingdom who are eligible for a given Prize Promotion Term, these General Terms and applicable Prize Promotion Terms shall be governed by the laws of England and Wales. For residents of the European Union who are eligible for a given Prize Promotion, these General Terms and applicable Prize Promotion Terms shall be governed by the laws of EU Member State where the eligible person resides. The Prize Promotion is void where prohibited by law.

f. Limitation of Liability. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANOMALO OR ANY ENTRANT ARISING OUT OF OR RELATED TO THESE GENERAL TERMS OR APPLICABLE PRIZE PROMOTION TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE VALUE OF THE PRIZE IN THE APPLICABLE PRIZE PROMOTION. Anomalo has no other liability related to an applicable Prize Promotion or prize, any additional expense, tax, or other liability incurred by the winner in relation to the applicable Prize Promotion or prize, except where liability cannot be excluded by law, in which case liability is limited to the minimum allowable by law. Nothing in these General Terms or applicable Prize Promotion Terms shall exclude or limit Anomalo’s liability for death or personal injury, gross negligence, fraud, misconduct, or other liability that cannot be limited or excluded by applicable law.

g. Severability. If any provision of these General Terms or an applicable Prize Promotion Terms is determined by a court with jurisdiction to be invalid, illegal, void, or otherwise unenforceable in any jurisdiction, such invalidity, illegality, voidness, or unenforceability will not affect any other term or provision of these General Terms or an applicable Prize Promotion, or invalidate or render unenforceable such term or provision in any other jurisdiction. Such terms shall be deemed severed from the remaining terms, which shall continue in full force and effect.

h. Taxes and Reporting. Prize Winners are responsible for reporting all prizes as may be required by applicable law and paying all applicable taxes. Anomalo will report prizes and winner information as may be required by applicable law.

i. Waiver of Indirect Liabilities. IN NO EVENT WILL ANOMALO OR ANY ENTRANT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (2) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (3) LOSS OF GOODWILL OR REPUTATION; (4) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (5) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ANOMALO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSS OR DAMAGES WERE OTHERWISE FORESEEABLE.

j. Warranties and Representations. Anomalo waives all warranties and representations, including warranties and representations that may be implied by law, except as specifically set out in these General Terms or applicable Prize Promotion Terms, or as may otherwise be required by applicable law. For example, Anomalo does not warrant or represent that any Prize Promotion, or any system, service, or process related to any Prize Promotion, including those related to submitting entries, will be available, complete, free from errors or omissions, or secure. Anomalo makes no warranties or representations related to Prize Promotions or prizes provided and has no responsibility for any loss, expense, or damages suffered, incurred, or sustained in connection with the Prize Promotion or prizes provided.