NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
1. DESCRIPTION OF SWEEPSTAKES: The Beautyrest Dream In Black Sweepstakes (the “Sweepstakes”) is a random drawing promotion comprised of approximately $4,999 in prizes.
2. SWEEPSTAKES PERIOD: The Sweepstakes begins at 9:00:00 a.m. Eastern Time (ET) on Monday, August 1, 2016 and ends at 11:59:59 p.m. ET on Sunday, August 28, 2016 (the “Sweepstakes Period”). The Sponsor’s computer is the official timekeeping device for this Sweepstakes.
3. ELIGIBILITY: Open to all legal U.S residents who are 18 years of age or older as of the day of entry and who reside in the fifty United States or the District of Columbia. Employees, agents, successors, and assignees of Simmons Bedding Company, LLC ("Sponsor" or “Simmons”) and its respective parents, subsidiaries, affiliates, advertising agencies and promotional companies (collectively, the “Promotional Entities”), as well as the family and household members of same (including spouses, parents, step-parents, grandparents, siblings, siblings-in-law, children, step-children, grandchildren), shall be ineligible to participate in the Sweepstakes and shall be ineligible for any prize covered herein. Entrants acknowledge that, the Promotional Entities are not liable for reimbursement of any prizes otherwise payable to Sweepstakes contestants who are in violation of this provision. The Sweepstakes is subject to all federal, state and local laws and regulations and is void outside of the United States, the District of Columbia and where prohibited by law.
4. HOW TO ENTER: There is no purchase necessary to enter or win the Sweepstakes. During the Sweepstakes Period, entrants must correctly answer three multiple choice questions about the Beautyrest Black® commercial starring Tom Brady. Participation in the Sweepstakes constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Simmons, which are final and binding. Simmons reserves the right to disqualify any user from the Sweepstakes who does not adhere to these Official Rules in Simmons’ sole discretion. LIMIT: ONE ENTRY PER PERSON.
5. SELECTION OF WINNERS: Winners will be selected randomly from among all eligible entrants who correctly answered the Sweepstakes questions during the Sweepstakes Period. Simmons will conduct a random drawing ("Drawing") on or about Wednesday, August 31, 2016 at 9:00:00 a.m. ET. Odds of winning depend on the number of eligible entries received at the time of the Drawing. The potential prize winner of the Drawing will be notified by Simmons via email on or around Wednesday, September 7, 2016. To claim the prize, the potential prize winner must respond to Simmons via email with their full legal name and delivery address within one (1) week of notification by Simmons. If the prize winner does not respond within the required time period, is found to be ineligible or if the prize winner declines the prize, he/she will forfeit the prize and it will be awarded to an alternate winner in a random drawing from among all remaining eligible entries.
6. PRIZE: One (1) winner will receive one (1) Beautyrest Black Tatiana™ queen mattress set. Approximate Retail Value per Prize is $4,999.00. Prize is not transferrable and may not be redeemed for cash. Sponsor reserves the right to substitute prize for an item of equal or greater value in the event the offered prize becomes unavailable for any reason. All costs and expenses associated with the prize acceptance and use not specifically provided herein are the responsibility of the winner.
7. CONDITIONS OF PARTICIPATION: Winner may forfeit prize if Sponsor is unable to email him/her or if the winner fails to email Simmons claiming the prize as required in these Official Rules. In such event, the prize may be awarded to an alternate winner. Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an offered prize becomes unavailable for any reason. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. Potential prize winner must sign and return an Affidavit of Eligibility and a Liability Release within 72 hours following the date of Simmons’ first notification where not prohibited by law. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner, if time permits. All properly claimed prizes will be awarded and winning is contingent upon fulfilling all requirements in a timely manner. Winner is responsible for any applicable taxes and will receive a Form 1099 for any prizes valued at $600 or greater.
8. PUBLICITY: Acceptance of the prize constitutes permission for Sponsor and its advertising and marketing agencies to use winner’s hometown, opinions, name, likeness and/or voice for advertising and promotional purposes without additional compensation, except as otherwise prohibited by law. Sponsor is not responsible for any typographical or other error in the printing of the rules, or the administration of the Sweepstakes.
10. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond the reasonable control of Sponsor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes, acting in violation of these Official Rules or in an unsportsmanlike 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. The failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. LIMITATIONS OF LIABILITY. The Promotional Entities 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes 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 Sweepstakes, provided that such confirmation occurs prior to the drawing. In the event of an early discontinuance of the Sweepstakes, for any reason, Sponsor, in its sole 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. 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.
12. DISPUTES: Except where prohibited, each entrant agrees: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts in the State of Georgia; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, excluding attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain an award for, and each entrant hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses. All claims or disputes related to or involving these Official Rules and/or this Sweepstakes shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Georgia.
13. WINNER’S LIST: For the name of the winner, send a self-addressed, stamped envelope to: “Beautyrest Dream In Black Winners List, 1 Concourse Pkwy NE, Suite 800, Atlanta, GA 30328". Requests must be accompanied by a self-addressed, stamped envelope, and must be received by Sponsor by September 2, 2016. Any requests received after that date will not be honored.
SPONSOR: Simmons Bedding Company, 1 Concourse Pkwy NE, Suite 800, Atlanta, GA 30328.