Beautyrest Sleep Like a Celebrity Sweepstakes Official Rules: Round 1

Beautyrest Sleep Like a Celebrity Sweepstakes Official Rules: Round 1

September 17, 2015

Author: Beautyrest Team

NO PURCHASE NECESSARY TO ENTER OR WIN. ELIGIBILITY: The Beautyrest Sleep Like a Celebrity Sweepstakes (“Sweepstakes”) is open to legal residents of the 50 United States & DC who are 18 years of age (or the age of majority in their state of residence, whichever is older) or older. Employees, agents, officers & directors of Simmons Bedding Company, LLC ("Sponsor"), its parent, subsidiaries, affiliates & advertising & promotion agencies & members of their immediate family (spouse, parent, children, siblings & their respective spouses, regardless of where they reside) & persons living in the same household, whether or not related, are not eligible.  Void where prohibited. Subject to all applicable federal, state & local laws.

AGREEMENT TO THE OFFICIAL RULES:  By participating in the Sweepstakes, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning the prize (described below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER:  Between 12:00 p.m. (Noon) Eastern Time (“ET”) on September 18, 2015 & 12:00 p.m. (Noon) ET on September 20, 2015 (“Sweepstakes Period”), to enter, you must comment on one of the Beautyrest Instagram sweepstakes posts with an answer to the posed question. Your Instagram account must be set to “public” in order for your entry to be eligible.  You can return your account to “private” at any time after the winner has been announced. Limit one (1) entry per person/Instagram account per sweepstakes post. Multiple entries & entries generated by script, macro or other automated means will be void. Entries become the sole property of Sponsor. Sponsor’s clock is the official time keeping device for the Sweepstakes.

ENTRY REQUIREMENTS: Entry must not be offensive or inappropriate, as determined by Sponsor in its sole discretion.  Entry must not defame or violate or infringe upon the rights of any person or entity.  Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, is not in keeping with Sponsor’s image or is not in compliance with these official rules (“Official Rules”).

WINNER DETERMINATION: Fifty (50) potential winners will be randomly selected from among all eligible entries received.  Potential winners will be selected within approximately three (3) days following the end of the Sweepstakes Period. 

ODDS: Odds of winning depend on the number of eligible entries received.

WINNER NOTIFICATION: Potential winners will be notified via a @mention comment on Instagram & will have 24 hours from date of notification to respond.  Potential winners may be required to execute and return an Affidavit of Eligibility, and a Liability and, unless prohibited, Publicity Release within seven (7) days of date of issuance.  If a potential winner does not respond to the initial notification within the time period stated, all required documents are not returned within the specified time period, a prize notification or prize is returned as undeliverable, or a potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, a runner-up will be selected.  If any winner is at least 18 but still considered a minor in his/her state of residence, Sponsor reserves the right to require that his/her parent or legal guardian sign all required documentation.

PRIZES (50): Each winner will receive either a Beautyrest branded sleep mask or a Beautyrest branded throw pillow.  Approximate Retail Value (“ARV”): $25 each.  Total ARV of all prizes: $1,250.  All federal, state and local taxes as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Winners may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize of comparable or greater value.  Prizes are awarded “as is” with no warranty or guarantee, either express or implied.  All prize details (including which of the prizes a winner receives) are at Sponsor’s sole discretion.  Limit one (1) prize per person/household.

GRANT OF RIGHTS:  By submitting an entry, unless prohibited by law, each entrant grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, & otherwise use the entry & all elements of such entry, together with any other material, as well as the name, user name, city & state of residence, voice, image and/or likeness of entrant (including, without limitation profile photo), together or separate from the entry, in any & all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade.

GENERAL CONDITIONS:  By participating, each entrant agrees: (a) to abide by these Official Rules & decisions of Sponsor, which shall be final & binding in all respects relating to this Sweepstakes; and (b) to release, discharge & hold harmless Sponsor, its parent, subsidiaries, affiliates & advertising & promotion agencies, and Instagram, LLC (collectively, “Released Parties”) from any & all injuries, liability, losses & damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or the acceptance or use of a prize.  Released Parties are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries, comments, emails or posts; (ii) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; or (vii) injury or damage to any person's computer related to or resulting from participating in this Sweepstakes.  CAUTION:  Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. Persons who tamper with or abuse any aspect of the Sweepstakes, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified & all associated Entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes & if terminated, at its discretion, select winners at random from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair & appropriate by Sponsor.  In the event of a dispute regarding entries received from multiple users having the same social media account, the authorized subscriber of the social media account at the time of entry will be deemed to be the entrant and must comply with these rules.  Authorized account subscriber is the natural person who is assigned the social media address by the applicable social media platform.

DISPUTE RESOLUTION:  Except where prohibited, by participating in the Sweepstakes, entrants agree that:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law of any jurisdiction.  Entrant agrees that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of a prize, shall be filed only in the state or federal courts located in the State of Georgia and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Sweepstakes, each entrant agrees that:  (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any  participant be permitted to obtain awards for and hereby waives all rights to claim  punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or  otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

DATA COLLECTION: Information submitted in connection with this Sweepstakes will be used in accordance with Sponsor’s Privacy Policy, available at www.simmons.com/legal.

WINNERS LIST: The winners will be announced on the Simmons Bedding Company, LLC page via @Beautyrest on Instagram.

Sponsor: Simmons Bedding Company, LLC, One Concourse Parkway, Ste 800, Atlanta, GA, 30328. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Sponsor & not to Instagram. 

Facebook and Instagram Post Disclosures:

No purchase necessary. 50 U.S. & DC, 18+. Ends 12:00 p.m. (noon) ET 7/20/15. Void where prohibited. Official Rules apply, available at URL.

Tweet Disclosures:

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