NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST OVERVIEW: Nominations can be submitted in the Beautyrest Labor Day Contest ("Contest") beginning on August 31, 2015 at 8:00 am Eastern Time (“ET”) and ending on September 8, 2015 at 11:59 pm ET ("Nomination Period"). Following the conclusion of the Nomination Period, a panel of qualified judges will review all entries to determine the finalists (as described more fully below). Between 8:00 am ET on September 10, 2015 and 11:59 p.m. ET on September 16, 2015 (“Voting Period”), the finalists will be posted in a gallery on www.beautyrest.com/labor-day-contest (“Contest Website”) and individuals will have the opportunity to vote on the finalists to determine the winners.
ELIGIBILITY: Contest is open only to, and nominations will only be accepted on behalf of, legal residents of the fifty (50) United States and District of Columbia, 18 or older. Void where prohibited. Employees of Simmons Bedding Company, LLC ("Sponsor"), its parent, subsidiaries, affiliates and advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees to abide by these official rules (“Official Rules”) and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest.
HOW TO ENTER: During the Nomination Period, to submit a nomination, visit the Contest Website and follow the directions to complete and submit the entry form, including why you believe the person you’re nominating deserves to be recognized as a hard working American ("Entry"). You should have permission from the person you are nominating to include them in your entry in this Contest. Your Entry must be in English, be true and verifiable, and reflect your actual beliefs. There is no limit on the number of Entries you can submit; however, each Entry must be substantially different than any other Entry you submit and only one (1) Entry submitted by you can advance as a Finalist (as described below). Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned.
PROHIBITED CONTENT: Each Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• is derogatory of any ethnic, racial, gender, religious, professional or age group;
• is profane or pornographic;
• contains nudity;
• is obscene or offensive; endorses any form of hate or hate group;
• appears to duplicate any other submitted Entry;
• defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, any person or any other entity;
• contains trademarks, logos, or trade dress owned by others, without permission, to the extent permission is necessary;
• contains copyrighted materials owned by others (such as music, photographs, footage, sculptures, paintings, texts and other works of art or images), without permission, to the extent permission is necessary;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
• communicates messages or images inconsistent with Sponsor and/or its reputation; and/or
• violates any law.
Entry must be entrant’s own work product, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If an Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties (including the person nominated in the Entry), the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases, permissions and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void.
By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
USE OF ENTRIES: By submitting an Entry, entrant and nominee named in Entry hereby grants to Sponsor and its designees, successors, licensees and assigns a nonexclusive license to reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Entry and all elements embodied therein, in whole or in part, and together with entrant’s and nominee’s names, cities and states of residence, biographical information and likenesses, in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional and other purposes, without further compensation, notification or permission. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
JUDGING: All eligible Entries received by Sponsor will be judged by a panel of qualified judges to determine thirty (30) finalists (the individual who submitted the Entry and the individual nominated in the Entry will be collectively referred to as “Finalists”, and the Entries as “Finalist Entries”) on the following criteria, with each criterion being weighted equally (collectively, “Judging Criteria”):
• Community Involvement
• Growth (e.g., clientele growth, fiscal growth, personal growth)
In the event of a tie, an additional, “tie-breaking” judge will determine the Finalist Entry(ies) based on the Judging Criteria. In the event an entrant has more than one Entry determined to be a Finalist Entry, only the highest scoring Entry will be deemed a Finalist Entry. Sponsor will disqualify the other Entries and next highest scoring Entry will be deemed a Finalist Entry. Sponsor reserves the right not select fewer than thirty (30) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Sponsor will not reveal the judging scores for any Entry.
FINALIST NOTIFICATION: Potential Finalists will be notified via email and will have twenty-four (24) hours to respond to notification. Potential Finalists may be required to execute and return an Affidavit of Eligibility, and a Liability and, unless prohibited, Publicity Release within three (3) days of date of issuance. If a potential Finalist does not respond to the initial notification within the time period stated, all required documents are not returned within the specified time period (if applicable), or a potential Finalist is not in compliance with these rules, he/she may be disqualified and, at Sponsor’s discretion, a runner-up will be selected. If any Finalist 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.
VOTING: All Finalist Entries will be featured in a gallery on the Toma Leche page on Facebook during the Voting Period. To vote, visit the Contest Website during the Voting Period and vote for the Finalist Entry that you think best displays the hard working American spirit. Limit one (1) vote per person per 24-hour period. Votes received from any person or email address in excess of the stated limitation will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and such Finalists may be disqualified, at Sponsor’s discretion. Subject to verification of eligibility and compliance with these Official Rules, the three (3) Finalists who submitted the Entries that receive the highest number of valid votes, as determined by Sponsor, will be deemed the winners. In the event of a tie, a “tie-breaking” judge will determine the winner(s) based on the Judging Criteria. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest.
WINNER NOTIFICATION: For the purpose of this Contest, each individual who submitted a winning Entry and the individual nominated as part of the winning Entry will be deemed “winners”. Potential winners will be notified by email and will have twenty-four (24) hours to respond to notification. 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 (3): Each individual who submitted a winning Entry and the individual nominated as part of the winning Entry will receive a Beautyrest Recharge Hybrid mattress set. Approximate Retail Value (“ARV”): $1,599 per person. Total ARV of all prizes: $9,594. All federal, state and local taxes associated with prize acceptance and use 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 (or portion thereof) of comparable or greater value. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person/household.
PUBLICITY GRANT: Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, city and state of residence, Entry, likeness and/or image and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, in any manner, worldwide in perpetuity, without notice or review or approval.
RELEASE OF LIABILITY: By participating, each entrant agrees to release, indemnify, discharge and hold harmless Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and 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 Contest or any Contest-related activity, the acceptance, possession, use or misuse of a prize and/or Sponsor’s use of the rights granted herein.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, votes, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of votes, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest. Persons who tamper with or abuse any aspect of the Contest 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 and all associated Entries/votes will be void. Should any portion of the Contest 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 Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries and/or votes received prior to action taken using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Request for Winners LIST: For the winners list (available after September 20, 2015), send an email to: email@example.com, by no later than October 31, 2015.
Sponsor: Simmons Bedding Company, One Concourse Parkway, Ste 800, Atlanta, GA, 30328.
Abbreviated Rules for Collateral Materials:
No purchase necessary. Open to legal residents of the 50 U.S. & DC, 18 or older. Enter by 11:59 p.m. ET 9/8/15. Void where prohibited. See Official Rules for complete details.
No purchase necessary. 50 US/DC, 18+. Enter by 11:59 p.m. ET 9/8/15. Void where prohibited. Official Rules apply.