Legal

OOMA’S FATHER’S DAY GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Eligibility:

Open to legal residents of the United States including the District of Columbia who are 21 years of age or older at time of entry. Employees and their immediate family members (parent, sibling, children and spouse, and any person residing in the same household whether related or not) of Ooma, Inc. (“Sponsor”), and its affiliated companies and subsidiaries, and their advertising and promotion agencies associated with the Ooma’s Father’s Day Giveaway (the “Giveaway”), and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor are not eligible to enter or win. Void where prohibited by law.

2. Giveaway Period:

The Giveaway begins at 9:00 a.m. PDT on Tuesday, June 14th, 2016 at 10:00 AM, and ends at 5:00 p.m. PDT on Sunday, June 19th, 2016 (the “Giveaway Period”). Sponsor or its duly authorized representative shall be the determiner of all Giveaway-related time periods.

3. How to Enter:

During the Giveaway Period, enter for free by going online to http://woobox.com/2hzqij and follow the instructions to enter the Giveaway. You will be asked to provide basic contact information, including your first name, last name, and email address. Limit: one (1) entry per person. Receipt of entry may not be acknowledged.

4. How to Win:

One (1) winner (the “Winner”) will be determined by a random drawing (using www.random.org for the Grand Prize (as defined in Section 5, below) to take place on or about Monday, June 20th, 2016, and will be selected from among the qualified entries received by the Sponsor during the Giveaway Period. The potential Winner will be notified by email within approximately twenty-four (24) hours following the drawing. Upon receiving notification, the Winner must successfully reply to Sponsor or its representative within twenty-four (24) hours following notification, or Sponsor may award the prize to the next eligible entrant. In the event Sponsor or its designee is unable to successfully contact or communicate with a potential Winner, Sponsor may award the prize to the next eligible entrant(s) until such time a Winner is determined.

5. Prize:

One (1) Winner will receive a Grand Prize of one (1) Ooma Telo and one (1) Amazon Echo. The approximate retail value of the Grand Prize is $279.99 ($99.99 Ooma Telo and $179.99 Amazon Echo). In no event shall the prize award for any individual exceed $279.99 in total value.

ALL FEDERAL, STATE, AND LOCAL TAXES, INCLUDING INCOME TAX, ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. Any difference between the stated estimated value of a prize and its actual value will not be awarded. Winner agrees to accept a prize “as is.”

Odds of winning: Odds of winning depend on the number of eligible entries received during the Giveaway Period.

6. Prize Restrictions:

Prizes are nonrefundable and nontransferable. Sponsor is not required to (but may, at its sole discretion) offer substitutions, a cash redemption or alternative to a prize awarded under this Giveaway. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. The prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize.

7. General Entry Rules:

Any individual or entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, and/or uses multiple computers, multiple Internet Protocol addresses, so-called “proxy servers,” or any software program to manipulate or create multiple entries, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries to take any and all measures it deems necessary to ensure a fair Giveaway. Mutilated, edited, lost, illegible, or incomplete entries will be deemed ineligible, disqualified and void. In the event of a dispute, entry information will be declared made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Service Provider, telephone company, wireless service provider, Internet access provider, or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses associated with the submitted email address by the entrant. Sponsor, together with its subsidiaries, affiliates, successors, and assigns, advertising and promotion agencies, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Giveaway (collectively, the “Giveaway Entities”), are not responsible for circumstances that may limit or otherwise restrict the ability to participate, including, but not limited to: (i) late, incomplete, garbled, or mutilated entries; technical, hardware, or miscellaneous software malfunctions or manipulations; viruses; network or electronic malfunctions of any kind; (ii) any human error that may occur in Winner notification or other Giveaway-related communications; (iii) or for any printing or posting errors in these Official Rules. If a printing, electronic, or other error results in more prizes being claimed than the number stated in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.

If for any reason the Giveaway cannot be conducted as described in these Official Rules (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Giveaway Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Giveaway), then, in such an event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Giveaway and select the winner(s) from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES OR ACTIONS TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, entrants and/or a winner who do not comply with these Official Rules or otherwise attempt to interfere with this Giveaway in any way may be disqualified.

ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.

8. Release and Indemnification:

By entering, entrants and the Winner agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder, and agree: (1) Sponsor, its subsidiaries, affiliates, advertising and promotion agencies, successors, and assigns, may use (unless prohibited by law) entrants’ and/or Winner’s name(s) and/or account name(s), likenesses, images, photographs, voices, cities/states of residence, biographical information and the prizes for advertising, trade and promotion in any media or format now or hereafter known, on the Internet, including, but not limited to, social media, or via wireless application protocol, worldwide and in perpetuity, and without further compensation, permission or notification, except where prohibited by law; and (2) entrants, Winner, and their respective heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Giveaway Entities harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, rights of publicity (collectively the “Released Claims”), in any way arising directly or indirectly out of entrants’ and/or Winner’s participation in the Giveaway and/or the prizes. Entrant hereby waives application of California Civil Code Section 1542 which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Giveaway. Entrants and Winner further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Giveaway.

In addition to the terms and conditions of the aforementioned Released Claims above, Winner may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release, and return the aforementioned materials to Sponsor or Sponsor’s designee, or prize may be forfeited and awarded to an alternate.

9. Miscellaneous Conditions:

Except to the extent pre-empted by federal or other applicable state law, the Giveaway shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Entrants understand and agree that all claims, disputes or controversies between entrant and the Giveaway Entities shall be resolved by final and binding arbitration in the County of San Mateo, State of California. By entering, entrants voluntarily and knowingly waive any right they have to a jury trial. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”). The arbitrator shall be bound to apply and enforce the terms of the Official Rules and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither entrant nor Sponsor shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class. THE SPONSOR MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THE GIVEAWAY OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.

10. Winner’s List and Official Rules:

Individuals may request the name of the Winner by sending a self-addressed, stamped envelope by June 21, 2016 to: Ooma, Inc., 1880 Embarcadero Road, Palo Alto, California 94303.

To receive a copy of the Official Rules during the Giveaway Period, send a self-addressed, stamped envelope to Sponsor at the address above; Attn: Ooma’s Father’s Day Giveaway Rules Request. Residents of WA and VT may omit return postage for rules requests.

11.

By entering, entrants agree to receive certain marketing communications from Sponsor and its affiliates.

12. Sponsor:

Ooma, Inc., 1880 Embarcadero Road, Palo Alto, California 94303.