2019 MEGACOMFORT LABOR DAY HARDEST WORKER CONTEST OFFICIAL RULES
UPDATE 10/11/2019: Added Instagram entry options as follows, along with disclaimer:
Instagram. Go to the MEGAComfort® Instagram Feed at https://www.instagram.com/megacomfortinc/ and locate the post with details on the Contest and follow the instruction provided to enter the Contest. You must have an Instagram account to view the post and your account must be set to the “public” setting during the Contest and for a period of two (2) weeks thereafter. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Text and data charges may apply if you are accessing Instagram from your mobile device. Check your wireless carrier for mobile phone capabilities and pricing plan details. By obtaining an account with Instagram, using Instagram, and using the Instagram mobile app, you understand that you are agreeing to be bound by the terms and conditions set forth by Instagram, in addition to all rules, terms, and conditions related to this Contest. Note: If you deactivate your Instagram 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 Instagram account. Entries received as described above will be referenced herein as an “Entry”.
Participant must submit their Entry by answering the questions found on the nomination form at https://hardestworkers.com/ and follow the instruction provided to leave a comment on the specified post. The nominee must be a currently living person and meet all requirements stated in these Official Rules. The Entry must be written in English using correct grammar and spelling, in addition to complying with the Content Guidelines and Restrictions for Submission provided in Paragraph 5 below. Participant shall not edit the Entry after submission. Sponsor reserves the right to edit or modify the Entry for any purpose or reason.
Disclaimer: This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
Update: The Contest dates have been updated by the sponsors. The dates mentioned below are the updated ones.
Nominations Open From – May 15, 2019
Nominations Open Until – Nov 30, 2019
Voting Begins – Dec 4, 2019
Voting Ends – Dec 15, 2019
Winners Revealed- Dec 18, 2019
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR LIKELIHOOD OF WINNING.
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 “2019 MEGAComfort Labor Day Hardest Worker Contest” is a skill-based essay competition in which Participants share a short statement about themselves or someone they know whom they believe goes above and beyond with their job, community, and/or family. Eligible Participants (see eligibility requirements below) will be required to visit https://contest.app.do/hardest-worker-2019-nomination and submit an entry form or visit the Sponsor’s Facebook Page and to leave a comment (the ‘Comment Entry’) on the specified post. Comments are subject to moderation and may not immediately appear or may be removed if it is determined by Sponsor that the entry violates these Official Rules or any other platform guidelines. Sponsor will review each 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 (unless the Participant nominates themselves), 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 2019 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 May 15, 2019, and ends on December 18, 2019 at 5:00 p.m. PDT (the “Contest Period”). Void in Puerto Rico, Guam, American Samoa, United States territories, possessions, protectorates, foreign based United States military installations, and wherever restricted or prohibited by law). The Contest is governed by these Official Rules.
2. WHO IS ELIGIBLE TO PLAY/TO WIN.
- 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 (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, protectorates, foreign based United States military installations, and wherever restricted or prohibited by law) 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 May 15, 2019, 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”).
- 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.
- To Be Eligible to Win. Participant acknowledges that it is its Nominee, not itself (unless the Participant nominates themselves), to whom Sponsor will award any prize. The Nominee must meet the same eligibility requirement as that of the Participant. 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 May 15, 2019, and ends on December 18, 2019 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.
Starts at 8:00 a.m. PDT
Ends at 5:00 p.m. PDT
May 15, 2019
November 30, 2019
Public Online Voting Period
December 4, 2019
December 15, 2019
Announcement of Finalists: December 4, 2019
Announcement of Winner: on or about December 18, 2019
Sponsor’s computer is the official time-keeping device for the Contest.
4. HOW TO PARTICIPATE.
There are TWO (2) ways to enter.
Online . Go to https://contest.app.do/hardest-worker-2019-nomination (the “Nomination Website”) and complete the entry form in full, including the short essay. Click the ‘Submit’ button to submit the Entry. You must fill out all required information or your entry will be disqualified. Text and data charges may apply if you are accessing the Nomination Website from a mobile device. Check your wireless carrier for mobile phone capabilities and pricing plan details. Entries received as described above will be referenced herein as an “Entry”.
Facebook. Go to the MEGAComfort® Facebook Page at https://facebook.com/MEGAcomfortInsoles locate the post with details on the Contest and follow the instruction provided to leave a comment on the specified post. 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 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 questions found on the nomination form at https://contest.app.do/hardest-worker-2019-nomination or on the specified Facebook post on the Sponsor’s Facebook Page. The nominee must be a currently living person and meet all requirements stated in these Official Rules. The Entry must be written in English using correct grammar and spelling, in addition to complying with the Content Guidelines and Restrictions for Submission provided in Paragraph 5 below. Participant shall not edit the Entry after submission. Sponsor reserves the right to edit or modify the Entry for any purpose or reason.
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 Paragraph 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 Participant, regardless of whether they have more than one email address, form submission, 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 email account during the Contest Period, only the first such Entry received will be eligible for entry. By submitting an Entry via the Nominating Website, the Participant consents to being contacted by email or by phone, if selected as a potential winner. 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 email or Facebook account enter the Contest and a dispute thereafter arises regarding the identity of the Participant, the authorized account holder of said email or Facebook 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:
- be vulgar, offensive, sexually explicit, profane or pornographic;
- 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;
- be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
- be the previous recipient of any award;
- be previously published;
- promote any political agenda or message;
- appear to duplicate any other submitted Entry;
- contain copyrighted materials owned by others;
- contain third-party trademarks, logos, trade dress or insignia, including brand names of products;
- contain e-mail addresses, street addresses, phone numbers, or other personally identifiable information other than the name of the nominee (which may be tagged if providing the Entry on Facebook);
- communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
- 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;
- violate any federal, state or local laws or ordinances; or
- 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 void any Entry without prior notice.
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, display, exploit, modify, create derivative works, 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 a short statement why your Nominee should be considered as the hardest worker for 2019.
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, December 4, 2019 through December 15, 2019, 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 ads or sponsored postings, use of Facebook ads, sponsored, or paid posting, use of any incentive, or use of a sweepstakes, contest, 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, to obtain or use multiple accounts or use “bot” technology for voting, 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. Participants are prohibited from tagging the Sponsor’s Facebook Page. Participants shall not ask others to undertake any action for which they are prohibited from doing themselves.
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 names, 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. Sponsor reserves the right to disqualify any vote received in excess of the authorized number. Sponsor may monitor and track IP addresses or other identifying data of voters to ensure the integrity of the voting system.
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 focus 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 are five (5) total prizes available for this Contest. Participant acknowledges that the prize will be provided to its Nominee and not to Participant. The total Estimated Retail Value (“ERV”) of all prizes is $5,485.00.
First Prize: One (1) winner of the First Prize will receive a $3,000.00 (US) cash payment in the form of a check from Sponsor to the winning Participant’s nominee, and ten (10) pairs of PAM insoles for the winning Participant and its friends and family (value of insoles provided not to exceed a total ERV of $150.00). Total ERV: $3,150.
Second Prize: One (1) winner of the Second Prize will receive a $1,500.00 (US) cash payment in the form of a check from Sponsor to the winning Participant’s nominee, and five (5) pairs of PAM insoles for the winning Participant and its friends and family (value of insoles provided not to exceed a total ERV of $75.00). Total ERV: $1,575.00.
Third Prize: One (1) winner of the Third Prize will receive a $500.00 (US) cash payment in the form of a check from Sponsor to the winning Participant’s nominee, and two (2) pairs of PAM insoles for the winning Participant and its friends and family (value of insoles provided not to exceed a total ERV of $30.00). Total ERV: $530.00.
FINALISTS: Two (2) Finalists will each receive a $100 (US) cash in the form of a gift card to a major online retailer from Sponsor to the winning Participant’s nominee, and one (1) pairs of PAM insoles for the winning Participant or its friends and family (value of insoles provided not to exceed a total ERV of $15). Total ERV for EACH Finalist is $115.00. Total ERV for ALL Finalists is $230.00.
Participant guarantees that its nominee understands that the nominee-winner will be required to complete Prize Claim Documents and shall 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 by email, phone, or through the private message feature on its Facebook profile account (if the Entry was made on Facebook) 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, if selected as a potential winner, must complete all Prize Claim Documents prior to being declared a winner. 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, and the Participant associated with the nominee will also 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 Participant and Nominee as provided in the directions to the potential winner and prior to being declared a winner or awarded any prize. If verification results in ineligibility or forfeiture, the prize will not be awarded to the individual(s) associated with the declaration of ineligibility or forfeiture. Upon being declared ineligible or a determination of 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.
- 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 reserves the right to reschedule, discontinue, or cancel any video documentation/production that showcases any winners, finalists, Participants, or nominees. Sponsor, in its sole and absolute discretion, shall determine which individuals to request participation in any promotion or marketing programs associated with this Contest.
- 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.
- Each Participant may nominate a maximum of one (1) person, so long as the nominee meets all the eligibility requirements set forth in Paragraph 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, accounts, or any other methods shall void Participant’s entry and Participant will be disqualified from participation in the Contest.
- 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) any contest website, app, or interface, or 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.
16. WINNERS LIST. Winner(s) will be listed on Sponsor’s public website and/or social media accounts for at least 90 days after winner has been announced.
17. SPONSOR. The Contest is sponsored in the Territory by MEGAComfort, Inc. 14351 Myford Road, Suite 220 F, Tustin, CA 92780.
© 2019 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.