NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST PERIOD: Entries can be submitted in the Beautyrest Name Game Contest ("Contest") beginning on December 17, 2015 at 12:00 pm (noon) Eastern Time (“ET”) and ending on January 6, 2015 at 12:00 pm (noon) ET ("Contest Period").
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia, who are at least 18 (or the age of majority in their state of residence, whichever is 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 Contest Period, to enter, visit www.beautyrest.com/beautyrest-name-game and follow the directions to select one of the four (4) characters (each, a “Character”) for whom you wish to submit a fictitious name, then complete and submit the entry form, including your fictitious name for the Character (collectively, "Entry"). Limit one (1) Entry per person/email address per Character, for a total of four (4) Entries for the entire Contest. In the event two or more people submit the same name for any Character as part of their Entry, only the first Entry submitted will be considered; all other Entries will be void. 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;
• 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;
• infringes on the intellectual property rights (including, without limitation, copyright or trademark rights) of any third party;
• infringes on the right of privacy or publicity of any person;
• 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 by entrant, and may not have won previous awards.
By submitting an Entry, entrant represents and warrants that the Entry is his/her own original work product and 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 hereby grants to Sponsor and its designees, successors, licensees and assigns a nonexclusive license to use, reproduce, distribute, display, perform, create derivative works based upon, and otherwise exploit the Entry and all elements embodied therein, edited or altered as Sponsor sees fit, in whole or in part, together with entrant’s name, city and state of residence, biographical information, likeness, and image, together with any other material, in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional, commercial 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.
WINNER DETERMINATION: There will be two (2) components to winner determination: (i) judging, which will count toward 90% of an Entry’s final score, and (ii) public voting, which will count towards 10% of an Entry’s final score.
Judging: All eligible Entries received by Sponsor for each Character will be judged by a panel of qualified judges on the following criteria (collectively, “Judging Criteria”):
• Originality (40%)
• Creativity (30%)
• Humor (20%).
Voting: All eligible Entries will be featured in a gallery at www.beautyrest.com/name-game during the Contest Period. Visitors to the site will have the opportunity to vote for the name for each Character they think most suits that Character. Limit one (1) vote per person per Character per 24-hour period. Votes received from any person or email address in excess of the stated limitation will be void. Entrants 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 entrants may be disqualified, at Sponsor’s discretion
In the event of a tie, an additional, “tie-breaking” judge will determine the winner for that Character based on the Judging Criteria. Sponsor reserves the right to not award a prize in connection with any Character if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for that Character. Sponsor will not reveal the judging scores or votes for any Entry.
WINNER NOTIFICATION: Potential winners will be notified by email and will have twenty-four (24) hours to respond to notification. Potential winners will each be required to execute and return an Affidavit of Eligibility, and a Liability Release 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, such prize will be forfeited and, at Sponsor’s discretion, a runner-up will be selected.
Prizes (4) (one (1) for each character): Beautyrest Recharge® queen mattress set. Approximate Retail Value: $799 each. Total ARV of all prizes: $3,196. Prizes include delivery to winner’s home within the 50 U.S. & DC. Prizes may be awarded through a gift card/gift certificate or voucher redeemable at a retailer near winner’s residence. 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, successors, licensees and assigns to use, reproduce, distribute, display, perform, creative derivative works based upon, and otherwise exploit his/her name, city and state of residence, biographical information (including, without limitation, prize information), likeness, and image , together with any other material, in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional, commercial, and other purposes without further compensation, notification, or permission.
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 names of the winners (available after January 24, 2016), send an email to: firstname.lastname@example.org, by no later than February 22, 2016.
Sponsor: Simmons Bedding Company, LLC One Concourse Parkway, Ste 800, Atlanta, GA, 30328.