BEAUTYREST RATINGS & REVIEWS PROMOTION
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: Simmons Bedding Company, LLC, 1 Concourse Pkwy NE #800, Atlanta, GA 30328
AGREEMENT TO THE OFFICIAL RULES: By participating in the Beautyrest Ratings and Reviews Promotion (the “Promotion”), 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 Promotion. Winning a prize (described below) is contingent upon fulfilling all requirements set forth herein.
ELIGIBILITY: The Promotion is open to all legal U.S. residents physically residing in the 48 Continental United States and the District of Columbia who are 18 years of age or older and who have reached the age of majority in their state of residence as of the time of entry. Employees of Serta Simmons Bedding, LLC ("SSB") and their respective parents, subsidiaries and affiliate companies and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes an entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion is sponsored by Sponsor and is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or other social platforms where this contest may be promoted.
HOW TO ENTER/ENTRY PERIOD: Enter online by visiting Beautyrest’s website page at beautyrest.com/reviews (the “Website”). You must then submit a qualified review (“Entry”). Qualified reviews are reviews that satisfy the content review approval process by Sponsor. In order to satisfy the content review and approval process, the reviews must contain substantive feedback of a Beautyrest product. The reviews can present a positive, negative, or neutral opinion of the Beautyrest product being reviewed. Limit one (1) review per person per sixty (60) day period. The information you provide will be used consistent with Sponsor’s Privacy Policy. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules.
Promotion begins at 12:00 a.m. Eastern Daylight Time (“ET”) on 11/01/2018 and runs monthly until terminated by Sponsor (“Promotion Period”). The Promotion will be conducted in monthly round, each round beginning at 12:00 a.m. ET on the first of each month and ending at 11:59 p.m. ET (or EST, as applicable) on the last calendar day of each month (each a “Monthly Round”).
The Promotion computer, as determined by Sponsor in its sole discretion, is the official time keeping device for the Promotion.
ENTRY REQUIREMENTS: No mechanically reproduced, illegible, forged, software generated, other automated or incomplete entries will be accepted. Promotion entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. If a dispute as to the identity of any entrant cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void. Entrants to the Promotion will be given the option to receive commercial e-mails from the Sponsor; however, eligibility to participate in the Promotion is not dependent upon entrant’s consent to receive such e-mails and consenting to do so will not increase your chances of winning. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. As permitted by law, each entrant agrees that personal information collected in connection with the Promotion may be used by the Sponsor to contact you regarding the administration of this Promotion (e.g., promotional updates, winner’s notification). The information you provide will be used consistent with Sponsor’s Privacy Policy.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): Monthly Round Prizes: Each Round winner will receive a Prize consisting of a $300 Visa/Mastercard (or similar) prepaid gift card. Gift card is subject to issuer’s terms and conditions. ARV of each monthly round prize is $300.
All federal, state and local taxes on prize value, if applicable, are the sole responsibility of Prize winner.
ADDITIONAL PRIZE DETAILS: Winning a Prize is contingent upon fulfilling all requirements set forth herein. Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). Any and all guarantees and warranties for Prize are subject to the manufacturer’s and/or service providers terms and conditions, and winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prize is non-transferable and non-assignable, and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prizes of the same approximate retail value at its sole and absolute discretion. For prizes $600 or more in value to an individual winner in a calendar year, winner’s social security number or taxpayer i.d. will be required in order to issue an IRS Form 1099-MISC showing Prize ARV as income to Winner. All Prize details are at Sponsor’s sole discretion, and Prize consists only of items specifically listed as part of the Prize. All costs and expenses not specified herein, related to the Prize, including but not limited to delivery, installation, service activation fees, sales tax and other expenses incurred by accepting the Prize, are the sole responsibility of the Winner.
DRAWING: Random drawings will be held on or about the first of the month following the close of the Monthly Round ("the Draw Dates") at a location designated by Sponsor to select the potential prize winners from among all eligible entries received by during the prior Monthly Round period. Non-winning entries will not roll over to future drawings (if any).
Each potential winner will be contacted by electronic mail, mail or telephone within five (5) business days of the Draw Date using the email address supplied on the review form. If a potential winner cannot be reached within five (5) business days of the Draw Date then he/she will be disqualified and no alternate winner will be selected. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
ODDS: Odds of winning depend on the total number of eligible entries received during each round of the Promotion Period.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion and submitting an entry, each entrant (i) agrees to be bound by these Official Rules, including all entry requirements, and agrees that any dispute with regard to the conduct of the Promotion, rule interpretation, or award of Prize shall be submitted to Sponsor, whose decision shall be binding and final, and (ii) waives any and all claims against the Sponsor and each of its respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of any Prize or any travel or activity related to the receipt or use of any Prize. By accepting the Prize, Winner grants the Sponsor and each of their respective designees the right to publicize such Winner’s name, address (city and state, or district, of residence), photograph, voice and/or other likeness and prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for any typographical or other error in the printing of this offer, administration of the Promotion or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. Released Parties are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, e-mail or mail. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, or the announcement of the Prize or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by Sponsor and/or their respective agents. Sponsor has the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning the Prize, and (ii) disclaim any implied warranty. Sponsor, reserves the right, in its sole discretion, to cancel or suspend the Promotion for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Promotion. In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries must include a valid e-mail address and telephone number for the entrant. Proof of entering the required information at the website is not considered proof of delivery to or receipt by Sponsor of entry into the Promotion. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry. The Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
DISPUTES/CHOICE OF LAW: EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN ATLANTA, GEORGIA, U.S.A. (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. GEORGIA LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE PROMOTION AND ALL ASPECTS RELATED THERETO. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. USE OF DATA: By participating in the Promotion, entrants hereby agree to the Sponsor’s collection and usage of their personal information in accordance with Sponsor’s privacy policy, available at: HTTPS://WWW.BEAUTYREST.COM/PRIVACY
WINNER’S LIST: For the Winner’s name, mail a self-addressed, stamped envelope to “Beautyrest Ratings & Reviews Promotion Winner’s List”, 1 Concourse Pkwy NE #800, Atlanta, GA 30328". Requests must be accompanied by a self-addressed, stamped envelope, and must be received no later than eight weeks after the close of the Promotion. Any requests received after that date will not be honored.
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