The Comfy 5th Birthday Giveaway Terms & Conditions
THE COMFY BIRTHDAY TIK TOK CONTEST RULES
Official Rules
NO PURCHASE, PAYMENT OR ENTRY FEE IS NECESSARY TO ENTER OR WIN THE COMFY TIK TOK CHALLENGE CONTEST. A PURCHASE, PAYMENT OR ENTRY FEE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. DATA RATES OR MESSAGE RATES MAY APPLY. TIK TOK APP (VIA #) ENTRY ONLY. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: The Comfy Tik Tok Dance Contest (the "Contest") is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, excluding Alaska and Hawaii, who are at least sixteen (16) years old at the time of entry. Employees of Cozy Comfort Company, LLC (“Sponsor”), and their respective parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, IRS dependents, children and siblings and their respective spouses) and household members of each such employee, whether related or not, are not eligible to participate. Sponsor is also the Administrator of this Contest. The Contest is subject to all applicable federal, state and local laws and regulations and is void in Alaska and Hawaii and wherever else prohibited by law. Entrant must have a Tik Tok Profile to participate. Participation constitutes an Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant who is considered a minor in their state of residence shall not be eligible.
2. Sponsor and Administrator: Cozy Comfort Company, LLC: 5000 Pleasanton Avenue, Pleasanton, California 94566.
3. Timing: The Contest begins on Sunday February 6, 2022 at 10:00:01 a.m. prevailing Pacific Time ("PT") and ends on Saturday February 19, 2022 at 11:59:59 p.m. prevailing PT (the "Contest Period"). Sponsor's computer is the official time keeping device for this Contest.
4. How to Participate: You may participate in the Contest as Follows:
a. Tik Tok Post; Requirements: During the Contest Period, an Entrant may enter the Contest by recording a video of the Entrant dancing while wearing The Comfy® wearable blanket (no substitutions shall be allowed). Entrant may dance to any song. The video must be at least ten (10) seconds in length but no more than twenty (20) seconds in length. The Entrant shall then post the video to their Tik Tok Profile and must accompanying the post with the hashtag #ComfyBirthday in the video’s caption or in the comment section to the video. Each unique video posted to a Tik Tok Profile satisfying the above conditions shall entitle the Entrant to one (1) entry into the Contest. There is no limit on the number of entries per Tik Tok account, but each entry must be unique and satisfy the entry requirements. Wireless or internet service providers may charge Entrants data utilized or received, including any error message that is sent or received in connection with the Contest. Entrants should consult their wireless internet service provider’s pricing plan for details. Proof of posting a video is not considered proof of delivery to or receipt by Sponsor of entry. Your participation in the Contest is subject to the Sponsor’s Privacy Policy, which can be viewed by visiting https://thecomfy.com/pages/privacy-policy. Void where prohibited. Cancellation will not eliminate an otherwise valid entry into the Contest.
By entering the Contest, you are granting Sponsor a perpetual, worldwide license to utilize the video, your name, your Tik Tok profile name and your name or likeness in connection with Sponsor’s business operations. No correspondence regarding entries will be entered into with entrants. Proof of sending or submission of entry information will not be deemed to be proof of receipt by Sponsor to serve as a Contest entry. All Entries must feature appropriate dancing and song entries which are neither vulgar nor offensive. Entries received that are illegible, incomplete, or are not submitted as required or contravene the spirit of the entry process will be disqualified. Entries that do not comply with these Official Rules will not be eligible. Sponsor reserves the right to disqualify and reject any entries that Sponsor determines to be in violation of any term contained in these Official Rules.
Limit: Each Entrant may enter multiple times via their Tik Tok Profile during the Contest Period, so long as each video entry is unique. Use of any automated system and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Contest service) to participate or increase the number of views of any video posted as an entry to this Contest is prohibited and transmissions from these or related email or IP addresses may be blocked and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the Tik Tok Profile used to participate will be deemed to be the entrant. The "authorized account holder" of a Tik Tok account in whose name the Tik Tok Profile has been issued. Potential winners may be required to show proof of being the authorized account holder. If more than one person is shown as a responsible party, then the first-named person will be deemed the Authorized Account Holder unless the individuals on the account otherwise agree. Administrator’s determination of the Winner in case of a dispute will be final and binding.
5. Winner Determination/Odds of Winning: Sponsor’s decisions as to the administration and operation of the Contest are final and binding in all matters related to the Contest. Receiving a prize is contingent upon compliance with these Official Rules.
One winner will be randomly selected by the Sponsor from all entries whose video posted to their Tik Tok Profile in accordance with these Official Rules and carrying the hashtag #ComfyBirthday. No more than the listed number of Prizes will be awarded. Odds of winning a prize are subject to the number of eligible entries received during the Contest Period. In the event technical, 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 eligible prize claimants.
6. Prizes: One (1) Grand Prize: A Comfy for a Year (Winner will receive twelve (12) surprise Comfy blankets for a year, to be delivered, at Sponsor’s discretion, either as one (1) a month or two (2) every other month). Total ARV of the Grand Prize is $550.00.
Any difference between actual value and ARV stated herein will not be awarded. The Grand Prize winner shall bear all risk of loss or damage to their Prize packages, as noted above, after it has been delivered. Sponsor will not replace any prize or prize component that is lost, stolen or used without permission. All terms and conditions and limitations of using any of the gift cards or gift certificates, as noted above in the corresponding prize description, will apply. All prize details are at the sole discretion of the Sponsor.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or component thereof for one of equal or greater value and comparable use for any reason whatsoever. Prizes will be awarded “as is” without any warranties, guarantees or representation of any kind, expressed or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor makes no representations of any kind concerning the appearance, safety, quality or performance of any part of the Prizes.
Should any portion of a prize be canceled, postponed or in any way abbreviated, the Sponsor shall have no liability or further obligation to the Winner other than to supply the unaffected portion of the prize.
7. Winner Notification and Verification: Potential winner will be sent a direct message via the Tik Tok Application prompting them to provide their email address and mailing address so that their prize can be fulfilled. They will receive a second direct message confirming the receipt of email and mailing address. Each Potential Winner (and parent or legal guardian if potential winner is deemed a minor in his/her state of residence) may be required to complete, execute and return an Affidavit of Compliance/Eligibility/Liability/Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receiving the Release Forms. Failure to return Release Forms timely, or if Prize notification is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, the potential Winner will be disqualified, and an alternate Winner will be selected in accordance with these Official Rules, if time permits. Upon forfeiture and/or disqualification, no compensation will be given. If the Grand Prize Winner is a minor, the Sponsor may transfer such Grand Prize to the minor’s parent or legal guardian to comply with any local, state or federal law. The Grand Prize Winner must also return an IRS Form W9. All fees and federal, state, or other tax liabilities arising from acceptance and/or use of the Grand in this Contest are the sole responsibility of the Winners.
8. Release: By participating in the Contest, entrants agree to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, prize suppliers, marketing/Contest agencies, 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, use, nonuse or misuse of any prize.
9. Publicity Acceptance of prize in the Contest constitutes permission of the winner to allow Sponsor and its agencies to use winner’s name, comments, city, State, voice and/or likeness for purposes of advertising, trade and/or publicity without further compensation in all media now known or hereafter discovered, worldwide, without notice, payment, review or approval, unless prohibited by law.
10. General Conditions: 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 their sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing for any or all of the prizes offered herein from among all eligible entries received up to the date of discontinuance to the extent reasonably possible and practical in light of the termination. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other Contest or in an unsportsmanlike or disruptive manner. In the event there is a discrepancy or inconsistency between disclosures, or other statements contained in any Contest materials or advertising materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS & SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT 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 or any other provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other inadvertent errors in any Contest-related materials or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest, the processing of entries or the announcement of winners; or (5) 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 Contest or receipt, use or misuse of any prize. The Sponsor will not be responsible for acts of God, dangerous weather conditions, acts of terrorism, civil disturbances, work stoppage or any other matters beyond the Sponsor's reasonable control (each a “Force Majeure” event) that may cause the cancellation or postponement of the Contest.
12. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Contest, the Official Rules, or the Cozy Comfort Company, LLC’s Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with the Sponsor arising out of, connected to, or in any way related to the Contest, the Official Rules, or the Sponsor’s Privacy Policy, you will send a written notice to the Sponsor (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Sponsor’s Privacy Policy. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or Sponsor’s Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Contest, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules.
13. Privacy Policy: By participating in this Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information for the sole purpose of administering the Contest and acknowledge that they have read and accepted Sponsor’s Privacy Policy posted at: https://thecomfy.com/pages/privacy-policy. Sponsor shall not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by Sponsor to fulfill the above purposes. In the event of a direct conflict between the privacy policies and these Official Rules, the privacy policies shall control and govern.
14.Official Rules: A copy of these Official Rules may be found online at: https://thecomfy.com/pages/terms-of-service.
15. Winners: The name of the Winner will be posted online at: https://thecomfy.com/pages/terms-of-service_ after the Winners are confirmed.
THE COMFY BIRTHDAY CONTEST RULES
Official Rules
NO PURCHASE, PAYMENT OR ENTRY FEE IS NECESSARY TO ENTER OR WIN THE COMFY BIRTHDAY CONTEST. A PURCHASE, PAYMENT OR ENTRY FEE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. DATA RATES OR MESSAGE RATES MAY APPLY. INSTAGRAM OR FACEBOOK ACCOUNT REQUIRED FOR ENTRY. NO OTHER ENTRY METHODS EXIST. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: The Comfy Birthday Contest (the "Contest") is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, excluding Alaska and Hawaii, who are at least sixteen (16) years old at the time of entry. Employees of Cozy Comfort Company, LLC (“Sponsor”), and their respective parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, IRS dependents, children and siblings and their respective spouses) and household members of each such employee, whether related or not, are not eligible to participate. Sponsor is also the Administrator of this Contest. The Contest is subject to all applicable federal, state and local laws and regulations and is void in Alaska and Hawaii and wherever else prohibited by law. Entrant must have an Instagram or Facebook Profile to participate. Participation constitutes an Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant who is considered a minor in their state of residence shall not be eligible.
2. Sponsor and Administrator: Cozy Comfort Company, LLC: 5000 Pleasanton Avenue, Pleasanton, California 94566.
3. Timing: The Contest shall run for five (5) consecutive days beginning on February 14, 2022 at 10:00:01 a.m. prevailing Pacific Time ("PT") and ends February 20, 2022 at 10:00:00 a.m. prevailing PT (the "Contest Period"). Sponsor's computer is the official time keeping device for this Contest.
4. How to Participate: You may participate in the Contest as Follows:
- a. Instagram/Facebook Comment; Requirements: During each day of the Contest Period, Sponsor shall post an image on its Instagram account (@thecomfy) and its Facebook page (https://www.facebook.com/thecomfy). Each day, Entrant may enter the Contest by posting a comment on the image and tagging a friend the Entrant would like to “get Comfy® with” and share what the Entrant’s favorite Comfy® color is in the comment. Entrant may enter each day of the Contest Period. There is no limit on the number of entries per Instagram or Facebook account, but each entry must be unique and satisfy the entry requirements. Each Contest Day will run from 10:00:01 a.m. prevailing PT time to 10:00:00 a.m. prevailing PT time the next day). Additional entries may be made if the Entrant shares to Instagram Stories and tags “@thecomfy” in such post. Each unique Instagram Stories post with the requisite information satisfying the above conditions shall entitle the Entrant to one (1) additional entry into the Contest. Wireless or internet service providers may charge Entrants data utilized or received, including any error message that is sent or received in connection with the Contest. Entrants should consult their wireless internet service provider’s pricing plan for details. Proof of posting a video is not considered proof of delivery to or receipt by Sponsor of entry. Your participation in the Contest is subject to the Sponsor’s Privacy Policy, which can be viewed by visiting https://thecomfy.com/pages/privacy-policy. Void where prohibited. Cancellation will not eliminate an otherwise valid entry into the Contest.
Any entries made on any given day during the Contest that are not selected as a winner will automatically rollover into the next day’s drawing and so forth until the end of the Contest Period. No further action is required by Entrant to be entered into the following day(s) upon the initial entry.
By entering the Contest, you are granting Sponsor a perpetual, worldwide license to utilize the video, your name, your Instagram/Facebook profile name and your name or likeness in connection with Sponsor’s business operations. No correspondence regarding entries will be entered into with entrants. Proof of sending or submission of entry information will not be deemed to be proof of receipt by Sponsor to serve as a Contest entry. All Entries must feature appropriate dancing and song entries which are neither vulgar nor offensive. Entries received that are illegible, incomplete, or are not submitted as required or contravene the spirit of the entry process will be disqualified. Entries that do not comply with these Official Rules will not be eligible. Sponsor reserves the right to disqualify and reject any entries that Sponsor determines to be in violation of any term contained in these Official Rules.
Limit: There is no limit on the number of entries per Instagram or Facebook account, but each entry must be unique and satisfy the entry requirements. Use of any automated system and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Contest service) to participate or increase the number of views of any video posted as an entry to this Contest is prohibited and transmissions from these or related email or IP addresses may be blocked and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the Instagram/Facebook Profile used to participate will be deemed to be the entrant. The "authorized account holder" of a Instagram/Facebook account in whose name the Facebook/Instagram Profile has been issued. Potential winners may be required to show proof of being the authorized account holder. If more than one person is shown as a responsible party, then the first-named person will be deemed the Authorized Account Holder unless the individuals on the account otherwise agree. Administrator’s determination of the Winner in case of a dispute will be final and binding.
5. Winner Determination/Odds of Winning: Sponsor’s decisions as to the administration and operation of the Contest are final and binding in all matters related to the Contest. Receiving a prize is contingent upon compliance with these Official Rules.
One winner will be randomly selected by the Sponsor from all entries submitted via the Instagram/Facebook account in accordance with these Official Rules. No more than the listed number of Prizes will be awarded. Odds of winning a prize are subject to the number of eligible entries received during the Contest Period. In the event technical, 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 eligible prize claimants.
6. Prizes: Five (5) Daily Prizes: Each day during the Contest Period one random entry will be selected to win a Comfy®. Total ARV of each Daily Prize is as follows: Day 1: The Comfy® Dream Heather Pink: $39.99; Day 2: Slipper Socks – Pink Multi and Black Multi: $49.98; Day 3: The Comfy® Original Jr. Galaxy: $44.99; Day 4: The Comfy® Original Gray - $44.99; Day 5: The Comfy® Teddy Denim - $49.99 The grand total of all prizes awarded during this Contest is $219.94.
Any difference between actual value and ARV stated herein will not be awarded. Each Daily Prize winner shall bear all risk of loss or damage to their Prize packages, as noted above, after it has been delivered. Sponsor will not replace any prize or prize component that is lost, stolen or used without permission. All terms and conditions and limitations of using any of the gift cards or gift certificates, as noted above in the corresponding prize description, will apply. All prize details are at the sole discretion of the Sponsor.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or component thereof for one of equal or greater value and comparable use for any reason whatsoever. Prizes will be awarded “as is” without any warranties, guarantees or representation of any kind, expressed or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor makes no representations of any kind concerning the appearance, safety, quality or performance of any part of the Prizes.
Should any portion of a prize be canceled, postponed or in any way abbreviated, the Sponsor shall have no liability or further obligation to the Winner other than to supply the unaffected portion of the prize.
7. Winner Notification and Verification: Potential winner will be sent a direct message via the Instagram/Facebook account of the winner prompting them to provide their email address and mailing address so that their prize can be fulfilled. They will receive a second direct message confirming the receipt of email and mailing address. Each Potential Winner (and parent or legal guardian if potential winner is deemed a minor in his/her state of residence) may be required to complete, execute and return an Affidavit of Compliance/Eligibility/Liability/Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receiving the Release Forms. Failure to return Release Forms timely, or if Prize notification is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, the potential Winner will be disqualified, and an alternate Winner will be selected in accordance with these Official Rules, if time permits. Upon forfeiture and/or disqualification, no compensation will be given. If the Grand Prize Winner is a minor, the Sponsor may transfer such Grand Prize to the minor’s parent or legal guardian to comply with any local, state or federal law. The Grand Prize Winner must also return an IRS Form W9. All fees and federal, state, or other tax liabilities arising from acceptance and/or use of the Grand in this Contest are the sole responsibility of the Winners.
8. Release: By participating in the Contest, entrants agree to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, prize suppliers, marketing/Contest agencies, 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, use, nonuse or misuse of any prize.
9. Publicity Acceptance of prize in the Contest constitutes permission of the winner to allow Sponsor and its agencies to use winner’s name, comments, city, State, voice and/or likeness for purposes of advertising, trade and/or publicity without further compensation in all media now known or hereafter discovered, worldwide, without notice, payment, review or approval, unless prohibited by law.
10. General Conditions: 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 their sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing for any or all of the prizes offered herein from among all eligible entries received up to the date of discontinuance to the extent reasonably possible and practical in light of the termination. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other Contest or in an unsportsmanlike or disruptive manner. In the event there is a discrepancy or inconsistency between disclosures, or other statements contained in any Contest materials or advertising materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS & SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT 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 or any other provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other inadvertent errors in any Contest-related materials or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest, the processing of entries or the announcement of winners; or (5) 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 Contest or receipt, use or misuse of any prize. The Sponsor will not be responsible for acts of God, dangerous weather conditions, acts of terrorism, civil disturbances, work stoppage or any other matters beyond the Sponsor's reasonable control (each a “Force Majeure” event) that may cause the cancellation or postponement of the Contest.
12. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Contest, the Official Rules, or the Cozy Comfort Company, LLC’s Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with the Sponsor arising out of, connected to, or in any way related to the Contest, the Official Rules, or the Sponsor’s Privacy Policy, you will send a written notice to the Sponsor (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Sponsor’s Privacy Policy. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or Sponsor’s Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Contest, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules.
13. Privacy Policy: By participating in this Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information for the sole purpose of administering the Contest and acknowledge that they have read and accepted Sponsor’s Privacy Policy posted at: https://thecomfy.com/pages/privacy-policy. Sponsor shall not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by Sponsor to fulfill the above purposes. In the event of a direct conflict between the privacy policies and these Official Rules, the privacy policies shall control and govern.
14.Official Rules: A copy of these Official Rules may be found online at: https://thecomfy.com/pages/terms-of-service.
15. Winners: The name of the Winner will be posted online at: https://thecomfy.com/pages/terms-of-service after the Winners are confirmed.
