MEGACOMFORT INC. SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. A VALID FACEBOOK ACCOUNT IS REQUIRED TO PARTICIPATE.
WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. 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 8 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS PROMOTION IS VOID WHERE PROHIBITED OR EXCLUDED.
THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, OR ARE NOT OF SUFFICIENT AGE, YOU MAY NOT ENTER THE PROMOTION OR WIN A PRIZE.
1. PROMOTION DESCRIPTION. The MEGACOMFORT INC. (“MEGAComfort”) SWEEPSTAKES consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States and the District of Columbia (the “Territory”) that begins at 7:00 AM EDT on September 4, 2016, and ends on September 12, 2016 at 7:00 PM EDT (the “Sweepstakes Period”). Void in Puerto Rico and where prohibited. The Sweepstakes are governed by these Official Rules.
2. WHO IS ELIGIBLE TO PLAY/TO WIN.
- Eligibility. The SWEEPSTAKES is open only to legal residents of the Territory who are at least eighteen (18) years old at the time of entry. Persons in the following categories are NOT eligible to participate: any person who on or after September 1, 2016, 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 Sweepstakes; 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.
- Agreement To Official Rules. Sweepstakes will be conducted in the Territory by MEGAComfort (the “Sponsor”), and each person who participates in the Sweepstakes (each a “Participant”), and his or her legal guardian if the Participant is subject to a guardianship agreement, 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 Sweepstakes in the Territory.
- To Be Eligible To Win. 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 Sweepstakes. 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. HOW TO PARTICIPATE. There is one (1) way to enter. During the Sweepstakes Period, Participant must go to Sponsor’s Facebook page (https://www.facebook.com/MEGAComfort/) and leave a comment on the designated post on Sponsor’s Facebook Page. If Participant does not have a Facebook account, and would like to create one for free, visit Facebook.com and follow the instructions to set up an account. All Facebook Terms and Conditions apply to establishing an account. Participant may enter once during the Sweepstakes Period using this method, regardless of the number of valid Facebook accounts they may have.
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. You shall not create or use more than one Facebook account to enter the Sweepstakes. Participants found to have created or used multiple accounts to enter the Sweepstakes will be disqualified. Should multiple users of the same Facebook account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the Participant, the authorized account holder of said Facebook account at the time of entry will be considered the Participant and required to comply with these Official Rules. The “authorized account holder” is the natural person assigned the Facebook account. The potential winner may be required to show proof of being the authorized account holder or forfeit the prize. Each 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. Internet access, wireless, and usage charges imposed by your online or wireless service may apply.
4. SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries received. One (1) prize total is available for distribution in the Territory. The total Approximate Retail Value (“ARV”) for the Sweepstakes prizes is $750.00 (US)
Potential winners will be selected in a random drawing from all eligible entries received during the Sweepstakes Period. By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
A. Random Draw. The drawing will occur on or about September 15, 2016. A random drawing from among all eligible entries will be conducted by a Sponsor. Sponsor’s decisions are final and binding. Potential winners will be selected at random from among all eligible entries received.
B. Prizes. One (1) prize is available. The one (1) prize is ten (10) pair of MEGAComfort Personal Anti-Fatigue Mats (PAM) Insoles and one (1) $500 gift card to a national sports and leisure retailer chosen by Sponsor with a total ARV of $750.00 US. The exact retailer and size of the prize is not guaranteed. Sponsor will obtain the preferred size from the Potential Winner, however, Sponsor is not bound by any request or demand from the Potential Winner with regard to size of the prize. If the actual value of the prize is less than the stated ARV, the difference will not be awarded in cash. Prizes are non-transferrable. Sponsor is not responsible for lost or stolen prizes once awarded.
C. Prize Claim Documents. 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 and, where lawful, a Publicity Release, a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Sponsor. All Prize Claim Documents must be returned as provided in the directions to the potential winner. Prizes that require shipping to the winner will be sent approximately within six weeks from date of verification. If verification results in forfeiture, you will not receive the prize. Upon prize forfeiture, no compensation will be given. The potential winner will be contacted via Facebook Private Message, or the email provided in their entry, within two (2) business days after the drawing, and the potential winner will be required to complete and return Prize Claim Documents within five (5) business days, or the time period stated in the notification, or the potential winner may be disqualified and forfeit the prize. Sponsor may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified. Sponsor will pay for standard delivery of all prizes in the Sweepstakes. The prizewinner shall solely be responsible for all federal, state, and/or local taxes and other fees associated with prize receipt and/or use. The prize may not be assigned or changed except at the sole and absolute discretion of Sponsor. At Sponsor’s sole and absolute discretion, a prize of equal or greater value may be substituted.
5. RELEASE. By receipt of any prize, winner 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 Sweepstakes or receipt or use or misuse of any prize.
6. GENERAL PROVISIONS.
- Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole and absolute discretion. In such event, Sponsor, in its sole and absolute discretion, may elect to hold a random drawing 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 entry mechanism or Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 will not be acknowledged.
- Each Participant shall only participate in the Sweepstakes on his or her own behalf and cannot participate or enter on behalf of any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, identities, Facebook accounts, or any other methods shall void Participant’s entry and Participant will be disqualified from Participation in the Sweepstakes.
- Participant agrees that the Sweepstakes and any prizes awarded are provide “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Sweepstakes 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 services.
7. 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 entrants, 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 entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’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.
8. 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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.
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. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO THE STATED ARV OF THE PRIZE AVAILABLE, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
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 Sweepstakes, 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.
10. WINNERS LIST. For a list of Official Winners (the “List”), mail a #10 Self-Addressed Stamped Envelope to MEGAComfort, Inc., ATTN: LABOR DAY SWEEPSTAKES, 14351 Myford Road, Suite F, Tustin, CA 92780. All requests must be postmarked by November 15, 2016, and received by December 1, 2016. Limit one (1) request per outer envelope. The list will be available after December 1, 2016, and will be sent when the Sweepstakes is officially over and all winners have been verified. Vermont residents may make this request without a self-addressed stamped envelope.
11. SPONSOR. The Sweepstakes is sponsored in the Territory by MEGAComfort, Inc. 14351 Myford Road, Suite F, Tustin, CA 92780.
© 2016 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.