NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST PERIOD: Entries can be submitted in the Beautyrest #SongTitlesWithSleep Contest ("Contest") beginning on November 17, 2015 at 12:00 pm (noon) Eastern Time (“ET”) and ending on November 25, 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/song-titles-with-sleep and follow the directions to complete and submit the entry form, including your original song title that includes “sleep” (or a variation including, but not limited to “asleep,” “slept,” “sleeping”) or “Beautyrest” or both ("Entry"). 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. In the event two (2) entrants submit the exact same Entry, only the Entry that was submitted first, as determined by Sponsor, will be considered. 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;
• contains trademarks or logos owned by others, without permission, to the extent permission is necessary;
• contains copyrighted materials owned by others, without permission, to the extent permission is necessary;
• contains the names 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 by entrant, 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, 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 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 reproduce, distribute, display, perform, create derivative works based upon, and otherwise exploit the Entry and all elements embodied therein, in whole or in part, together with entrant’s name, city and state of residence, biographical information and likeness, 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.
WINNER DETERMINATION: There will be two (2) components to winner determination: (i) judging, which will count towards 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 will be judged by a panel of qualified 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/song-titles-with-sleep during the Contest Period. Visitors to the site will have the opportunity to vote for the Entry they think is most “humorous.” 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. 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 winners based on the Judging Criteria. Sponsor reserves the right to not award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Sponsor will not reveal the judging scores or votes for any Entry.
WINNER NOTIFICATION: Potential winner will be notified by email and will have twenty-four (24) hours to respond to notification. Potential winner will 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 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, prize notification or prize is returned as undeliverable, or potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, a runner-up will be selected.
Prize: Beautyrest Recharge Hybrid queen mattress set. Approximate Retail Value: $1,499. Prize includes delivery to winner’s home within the 50 U.S. & DC. Prize 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 winner. Winner 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. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion.
PUBLICITY GRANT: 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 prize 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 winner 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 Winner’s NAME: For the name of the winner (available after December 5, 2015), send an email to: email@example.com, by no later than January 5, 2016.
Sponsor: Simmons Bedding Company, LLC 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, who are at least 18 (or the age of majority in their state of residence, whichever is older). Enter by 12:00 (noon) p.m. ET 11/28/15. Void where prohibited. See Official Rules for complete details.
No purchase necessary. 50 US/DC, who are at least 18 (or the age of majority in their state of residence, whichever is older). Enter by 12:00 p.m. (noon) ET 11/28/15. Void where prohibited. Official Rules at www.beautyrest.com/song-titles-with-sleep.