Sweepstakes

The winner of the March 31, 2012 sweepstakes is a Twitterer @whereivebeen.com! Congratulations! As promised, we will mail the ultimate $40 travel pillow at no expense to the winner! Look for the next sweepstakes in April 2012.

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This sweepstakes was for a free Comfy Commuter neck travel pillow. USPS priority shipping is even included in the prize. Yes, this is a real sweepstakes with no strings attached! We just want the opportunity to show you our fantastic products!

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Sweepstakes is governed exclusively by the laws of the United States.  You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia. 

1. How to Enter. There are four ways to enter the “Comfy Commuter Ultimate Neck Pillow Sweepstakes” (“Sweepstakes”) between 12:00:01 a.m. Pacific Time (“PT”) on  March 12, 2012 and end at 11:59:59 p.m. PT on March 31, 2012 (“Sweepstakes Period”). The first is to subscribe to the email list which will automatically enter you into the sweepstakes. The second is to send an email to info@ComfyCommuter.com stating you wish to enter the sweepstakes. The third is to enter by retweeting a @ComfyCommuter Twitter posting  and the fourth is by "liking" or sharing Comfy Commuter on Facebook.  All entrants must have a valid e-mail address.

Limit one (1) entry per person/email address. No automated entry devices and/or programs permitted.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Winner will provide a street address for delivery of prize.  Delivery of prizes requires a street address (no P.O. Boxes). Prize will be mailed out with 4 weeks of contest ending date  Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or mail, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.   Proof of submission will not be deemed to be proof of receipt by Sponsor.  

2. Start/End Dates. Sweepstakes begins at 12:00:01 a.m. PT on March 12, 2012 and ends at 11:59:59 p.m. PT on March 31, 2012.

3. Eligibility.  Participation open only to legal residents of the fifty United States and the District of Columbia, who are 18 or older as of date of entry.  Void outside of the fifty United States and the District of Columbia, and where prohibited, taxed or restricted by law.  Employees, officers and directors of the California Dried Plum Board (“Sponsor”), ComfyCommuter and their respective  parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  Sweepstakes may only be entered in or from the 50 United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry.  You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.  All federal, state and local laws and regulations apply.

4. Random Drawing/Odds.  One (1) winner will be selected in a random drawing from all eligible entries received on or about April 15, 2012.  Odds of winning depend on the number of eligible entries received for the drawing.  Drawing will be conducted by Comfy Commuter.  By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.

5. Prize.  One (1) Prize: A Comfy Commuter Neck Pillow (black).   Approximate Retail Value (“ARV”) of Grand Prize: $40.00.  Gift card may be subject to issuer’s terms and conditions.  Prize is non-transferable.  No substitutions or cash redemptions.  In the case of unavailability of prize, Sponsor reserves the right to substitute another color Comfy Commuter Neck Pillow as prize of equal or greater value.  All unspecified expenses are the responsibility of winner.

6. Notification.  Winner will be notified by e-mail or phone on or about April 15, 2012.  Winner may be required to sign and return a W-9 tax form and will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (where legal) within ten (10) days of prize notification.  If winner is considered a minor in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian.  If winner cannot be contacted within five (5) calendar days of first notification attempt, if email is returned undeliverable,  if any prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.  Limit one prize per person or household. 

7. Conditions.  All federal, state and local taxes are the sole responsibility of the winner. Participation in Sweepstakes and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.  By participating, entrants and winner agrees to release and hold harmless Sponsor, Comfy Commuter, their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.  Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified.  There is no purchase or sales presentation required to participate.  A purchase does not increase odds of winning.

8. Additional Terms. 

In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry.  “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.  Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry.  Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.  Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes.  In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.  Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Site.  Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, City of San Francisco.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non conveniens.

11.  Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at http://www.comfycommuter.com/privacy.  By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

12. Winner’s Name.  To obtain the name of winner, send a self-addressed, stamped envelope by April 30, 2012 to Comfy Commuter, 1325 S. Averill Ave, San Pedro, CA, 90732.

13. Sponsor.  Commuter, 1325 S. Averill Ave, San Pedro, CA, 90732.