MEGACOMFORT INC. 2017 LABOR DAY HARDEST WORKER CONTEST
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR LIKELIHOOD OF WINNING.

BEFORE ENTERING THE CONTEST YOU MUST HAVE AN ACTIVE PUBLIC ACCOUNT ON FACEBOOK. ALL FACEBOOK ACCOUNTS ARE FREE AND CAN BE OBTAINED BY VISITING FACEBOOK.COM.

OPEN TO NATURAL PERSONS WHO ARE RESIDENTS OF THE 50 UNITED STATES AND 18 years of age (or the age of majority in your state, if different) OR OLDER AS OF THE DATE OF ENTRY. SEE ELIGIBILITY REQUIREMENTS BELOW FOR MORE DETAILS. By entering, Participants agree that neither the Sponsor nor THE RELEASED PARTIES shall bear any liability for, and Participants agree to release, indemnify and hold Sponsor AND RELEASED PARTIES harmless from any losses, damages, claims, actions and any liability of any kind resulting from participation. Void where prohibited or restricted by law. ALL APPLICABLE NATIONAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. THE CONTEST IS VOID WHEREVER ELSE IT IS RESTRICTED OR PROHIBITED BY LAW. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED. SCROLL DOWN TO SECTION 14 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.

Overview of the Contest: The “MEGAComfort Labor Day Hardest Worker Contest” is a skill-based essay competition in which Participants share a short (250 words or less) statement about someone they know whom they believe goes above and beyond with their job. Eligible Participants (see eligibility requirements below) will be required to like the Sponsor’s Facebook Page and to leave a comment (the ‘Comment Entry’) on a specific post. Sponsor will review each Comment Entry to determine finalists based on a number of criteria. Together with judging by Sponsor, Finalists will be voted on by the public to determine the winner. Participant acknowledges that it is its Nominee, not itself, to whom Sponsor will award any prize. Participant understands that should its Nominee not participate in the prize claim process, Sponsor is not obligated to award the prize in whole or in part.

1. PROMOTION DESCRIPTION. The MEGACOMFORT INC. (“MEGAComfort”) CONTEST consists of an online contest (the “Contest”) in the 50 United States, including the District of Columbia, (the “Territory”) that begins at 8:00 a.m. Pacific Daylight Time (PDT) on September 4, 2017, and ends on September 29, 2017 at 5:00 p.m. PDT (the “Contest Period”). Void in Puerto Rico, Guam, all U.S. Commonwealths, Territories and jurisdictions (including overseas military installations), and where prohibited. The Contest is governed by these Official Rules.

2. WHO IS ELIGIBLE TO PLAY/TO WIN.

  1. Eligibility. The CONTEST is open only to natural persons who are legal residents of the Territory, are at least 18 years of age (or the age of majority in their jurisdiction of residence) at the time of entry, and who reside in the 50 United States or the District of Columbia at the time of entry and throughout the duration of the Contest Period. Persons in the following categories are NOT eligible to participate or win: any person who on or after September 4, 2017, was or is (a) a MEGAComfort director, officer, employee, agent, or independent contractor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Contest; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories (the “Participant”).
  1. Agreement to Official Rules. This Contest will be conducted in the Territory by MEGAComfort® (the “Sponsor”) and each person who participates in the Contest (each a “Participant”), unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Contest in the Territory.
  1. To Be Eligible to Win. Participant acknowledges that it is its Nominee, not itself, to whom Sponsor will award any prize. Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Contest. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.

3. SUBMISSION TIMING: The Contest begins at 8:00 a.m. Pacific Daylight Time (PDT) on September 4, 2017, and ends on September 29, 2017 at 5:00 p.m. PDT. Please consult with the world clock for time zone conversion information. Participant is responsible for ensuring compliance with the timing set forth in these Official Rules. The Contest will consist of two (2) phases, as set forth below.

Contest Phase

Starts at 8:00 a.m. PDT

Ends at 5:00 p.m. PDT

Submission Period

September 4, 2017

September 29, 2017

Public Online Voting Period

October 12, 2017

November 3, 2017

Announcement of Finalists: October 12, 2017

Announcement of Winner: November 16, 2017

Sponsor’s computer is the office time-keeping device for the Contest.

4. HOW TO PARTICIPATE.

There is ONE (1) way to enter.

Facebook. Go to the MEGAComfort® Facebook Page at https://facebook.com/megacomfortinsoles and ’Like’ the page by clicking the ‘Like’ button. You must have a Facebook account and your account must be set to the “public” setting to enter. If you do not have a Facebook account, you may sign up for a free account at www.facebook.com. Text and data charges may apply if you are accessing Facebook from your mobile device. Check your wireless carrier for mobile phone capabilities and pricing plan details. By obtaining an account with Facebook, using Facebook, and using the Facebook mobile app, you understand that you are agreeing to be bound by the terms and conditions set forth by Facebook, in addition to all rules, terms, and conditions related to this Contest. Note: If you ’Unlike’ the MEGAComfort® Facebook Page or deactivate your Facebook account at any time prior to the announcement of the winner, your entry will be void. Multiple Participants are not permitted to share the same Facebook account. Entries received as described above will be referenced herein as an “Entry”.

Participant must submit their Entry by answering the question “Who is the hardest worker you know, and why?” on a designated Facebook status update, which will be easily found on Sponsor’s Facebook Page. Participant’s answer must be 250 words or less, name one person currently living, and be written in English using correct grammar and spelling, in addition to the Content Guidelines and Restrictions for Submission provided in paragraph 5 below, directly on the designated Facebook status update. Edits to the Entry shall not be made once the Entry is posted, except to correct grammar or spelling.

The person who submits the Entry will be considered the Participant. The person that Participant nominates will be considered the Nominee. All nominees must meet the same eligibility requirements as those required for the Participant. Participant acknowledges that should the Nominee not meet the eligibility requirements as set forth in Section 2(A) of these Official Rules, the Nominee will not be eligible to claim a prize if selected as a prize winner. Submission of erroneous or incomplete information will void the submitted Entry. Limit one (1) Entry per natural person, regardless of whether they have more than one Facebook account or if their Entry was voided or invalidated for any reason, during the Contest Period. If multiple Entries are received in excess of the stated limitation from any person or Facebook account during the Contest Period, only the first such Entry received from such person or Facebook account will be eligible for entry. By submitting an Entry via Facebook the Participant consents to being contacted by private message (PM) on Facebook, if selected as a potential winner. Entries will not be acknowledged or returned. Should multiple users of the same Facebook profile account enter the Contest and a dispute thereafter arises regarding the identity of the Participant, the authorized account holder of said Facebook profile account at the time of entry will be considered the Participant and required to comply with these Official Rules. In the event of a dispute as to any registration, the authorized account holder of the Facebook profile account will be deemed to be the Participant and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned the Facebook profile account. Entries from administrators on behalf of their Facebook Pages are prohibited. The potential winner may be required to show proof of being the authorized account holder or forfeit the prize. Each online Entry submission must be manually key stroked and manually entered by the individual Participant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or Contest service) will be disqualified. All Entries must be in English and may not exceed the stated maximum number of words. Internet access, phone, and usage charges imposed by your online or phone service provider may apply.

5. CONTENT GUIDELINES AND RESTRICTIONS FOR SUBMISSIONS: All content that is submitted in this Contest shall be consistent with the Guidelines and Restrictions set forth below.

Your Entry may not contain any content that the Sponsor, in its sole and absolute discretion, determines to:

  1. be vulgar, offensive, sexually explicit, profane or pornographic;
  2. be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
  3. be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
  4. be the previous recipient of any award;
  5. be previously published;
  6. promote any political agenda or message;
  7. appear to duplicate any other submitted Entry;
  8. contain copyrighted materials owned by others;
  9. contain third-party trademarks, logos, trade dress or insignia, including brand names of products;
  10. contain e-mail addresses, street addresses, phone numbers, or other personally identifiable information other than the name of the nominee (which name may be tagged in the entry);
  11. communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
  12. contain any material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
  13. violate any federal, state or local laws or ordinances; or
  14. include or refer to any third parties, including but not limited to minors, celebrities, family, or friends, who have not expressly authorized such inclusion or reference. Participant must be prepared to provide signed third party authorizations upon request.

The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.

6. PARTICIPANT REPRESENTATIONS AND WARRANTIES.  By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to transfer and assign to the Sponsor rights in the Entry, as described below; (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry complies with these Official Rules and the requirements above, and any applicable community guidelines, terms of use, and any other binding terms on Facebook (as appropriate); (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; (g) your Entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void.

By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

7. OWNERSHIP RIGHTS OF ENTRY.  Participant understands and agrees that they shall retain all ownership rights in Entry; however, by submitting an Entry, Participant hereby grants Sponsor a perpetual, worldwide, irrevocable, exclusive, royalty-free, sublicenseable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Participant or any third party, for any purpose whatsoever.

By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.

By entering this Contest, you signify and agree that your Entry and any other materials submitted in connection with this Contest may be posted or otherwise appear on Sponsor’s website and/or other social media sites or applications for public viewing during or after the conclusion of the Contest Period. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Participant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.

8. Determination of Winners/Judging: This paragraph, together with paragraph 3 above, sets forth the entry periods and winner selection date. All eligible Entries received during the applicable Entry Period will be judged based on the following criteria (“Judging Criteria”) by a panel of judges selected by Sponsor to determine the finalists, subject to verification of eligibility and compliance with these Official Rules.

Question to answer: Please describe (in 250 words or less) why your Nominee should be considered to be the hardest worker for 2017.

Sponsor Judging: Sponsor judging will be conducted by a panel of at least three (3) objective individuals selected by Sponsor (“Judges”).

During the Public Online Voting Period, October 12, 2017 through November 3, 2017, Participant may encourage family, friends, and/or their social media community to vote for his or her Entry/Nominee, but Participant may not attempt to induce others to vote through the use of any paid or earned advertising, use of Facebook ads or sponsored postings, use of any incentive, or use of a sweepstakes or other promotion. Any use of automatic voting methods by anyone will void all such votes and will result in the Entry in question being declared ineligible and disqualified from the Contest. Any attempt by Participant and/or his/her family or friends or community, or any individual to obtain multiple Facebook accounts, use “bot” technology, engage in vote farming or any activity that artificially inflates the votes, and/or any other fraudulent or inappropriate means, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Participant in Sponsor’s reasonable discretion.

10/17/2017 Edited for clarity: During the Public Online Voting Period any natural person age eighteen (18) or older as of the date of voting who also is a legal resident of the Territory may cast a maximum of one (1) vote for any Finalist of their choosing. Voting is limited to one (1) vote submission per person regardless of the number of emails they may have. In addition, use of fictitious name, duplicate email, more than one email, or false email and/or any other fraudulent or inappropriate means, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the vote in Sponsor’s reasonable discretion.    

In the event of a tie, the Participant whose Entry received the highest score by the Judges, will be deemed the applicable winner.

Scoring, comments, and notes made by Judges or Sponsor are the sole property of the Sponsor and will not be furnished to the Participant or any third party, unless compelled or required by law.

The Contest is entirely skill-based and contains no elements based on chance. The standards applied during the judging process focuses on assessing each Submission’s properties. By the mere submission of an Entry, Participant acquires no automatic right to be awarded a prize, nor any other right except for the right to have such entry reviewed and evaluated subject to these Official Rules.

Verification of Potential Winners: PARTICIPANT ACKNOWLEDGES THAT ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. A PARTICIPANT’S NOMINEE IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL  ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR.

9. CONTEST – PRIZES/ODDS/DETAILS. There is one (1) prize winner for this Contest. Participant acknowledges that the prize will be provided to its Nominee and not to Participant. Total Estimated Retail Value (“ERV”) of the prize combined is $2,300 (US) which is comprised of a $2,000 (US) cash payment in the form of a check from Sponsor to the winning Participant’s nominee, and twenty (20) pairs of PAM insoles for the winning Participant and its friends and family (value of insoles provided not to exceed a total ERV of $300).

Participant ensures that its Nominees understand that the Nominee-winner will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute the prize or a portion of the prize with one of comparable or greater value. Sponsor will not replace lost or stolen prizes. Limit one (1) prize per person and per household per calendar year. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

The Participant who nominated the potential winner will be notified through the private message feature on its Facebook profile account and will be required to respond by the time indicated in the notification. Participant agrees it has authorization to provide the potential winning Nominee’s contact information. Except where legally prohibited, Participant acknowledges that the potential winning Nominee may be required to sign claim/release document in order to claim his/her prize. If any prize or winner notification sent is undeliverable, or a response to any given email or private message is not received within the period indicated in the notification, or if he/she fails to sign any requested claim/release documents within the required time period (if applicable), or a potential winning Nominee does not comply with these Official Rules or the rules set forth in the Prize Claim Documents (in Sponsor’s sole and absolute discretion) or is disqualified for any reason, the prize may be forfeited and, at Sponsor’s discretion, Sponsor will award the applicable prize to an alternate winner selected in accordance with the selection criteria described above.

10. PRIZE CLAIM DOCUMENTS. Participant ensures that the Nominee will agree to complete any and all Prize Claim Documents. Any Nominee that refuses to complete the Prize Claim Documents will be declared ineligible. The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability, a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and, where lawful, a Publicity Release and such other documents as may be determined by Sponsor. Participant acknowledges that all Prize Claim Documents must be returned by the Nominee as provided in the directions to the potential winner. If verification results in forfeiture, the prize will not be awarded to the individual associated with the forfeiture. Upon prize forfeiture, no compensation will be given.

11. RELEASE. By participating or receipt of any prize, the Participant agrees to release and hold harmless Sponsor, Facebook, Inc., and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

12. GENERAL PROVISIONS.

  1. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole and absolute discretion. In such event, Sponsor, in its sole and absolute discretion, may elect to select winners from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the song purchase mechanism or Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor’s computer is the official timekeeping device for the Contest. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received entries. Entries may not be acknowledged or returned.

  1. Each Participant may nominate one (1) person, so long as the person meets all the eligibility requirements set forth in Section 2(A) of these Official Rules. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, identities, Facebook account, or any other methods shall void Participant’s entry and Participant will be disqualified from participation in the Contest.
  1. Participant agrees that the Contest and any prizes awarded are provided “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Contest or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Sponsor makes no warranty that (i) the Facebook interface and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or (ii) there will be no errors in the Facebook interface or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of the Facebook interface or any content obtained from the Facebook service.

13. LIMITATIONS OF LIABILITY. All entries become the sole and exclusive property of the Sponsor. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Promotion, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

14. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.

A. Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Contest and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action.

B. Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Contest shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Contest. The arbitrator shall apply the laws of the State of California consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, the arbitrator shall not have the power or authority to award consequential, incidental, or punitive damages against the Participant or Sponsor.

C. No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.

D. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Contest, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.

E. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.

F. Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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 or illegal provision were not contained herein.

15. PUBLICITY AND PRIVACY. Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor’s use of its name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Except as just stated, information collected from Participants is subject to Sponsor’s Privacy Policy.

16. WINNERS LIST. Winner(s) will be listed on Sponsor’s Facebook Page for at least 90 days after winner has been announced. Winner(s) will also be listed on Sponsor’s Website.

17. SPONSOR. The Contest is sponsored in the Territory by MEGAComfort, Inc. 14351 Myford Road, Suite 220 F, Tustin, CA 92780.

© 2017 MEGAComfort, Inc. MEGAComfort and the MEGAComfort logo are trademarks of MEGAComfort, Inc. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. or any other third-party not specifically designated by Sponsor. Information is being provided to Sponsor in accordance to these Official Rules.