SLEEP OUTFITTERS SLEEP UPGRADE GIVEAWAY - OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal U.S. residents of Ohio who are 21 years or older. Void where prohibited by law and outside Ohio. Subject to all federal, state and local laws, regulations, and ordinances. By participating, you agree to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and are not subject to appeal.
OVERVIEW: The Sleep Outfitters USA Sleep Upgrade Giveaway (the “Sweepstakes”) promotion begins on January 19, 2022 at 12:00:01 AM Eastern Time (“ET”) and ends on February 7, 2022 at 11:59:59 AM ET. The winners will be announced on February 12, 2022. There is one (1) method of entry for this promotion: eligible participants may enter online through the specially designated website listed below (“Website”).
- ELIGIBILITY: The Sweepstakes is open to open only to legal U.S. residents who are age 21 yearsor older and who reside in Ohio. Employees, officers, and directors of Sleep Outfitters USA (“Sponsor”)and its parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, (collectively, the “Sweepstakes Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
- SPONSOR: Sleep Outfitters USA, LLC 1056 Wellington Way, Suite #200, Lexington, KY 40513.
HOW TO ENTER: To enter: Go to sleepoutfitters.com/sweepstakes and fill out the online entry form with your name, street address, e-mail address, and phone number, then check the box to signify your agreement to be contacted by Sponsor via telephone, e-mail, and/or United States Postal Service mail for promotional marketing/advertising purposes and submit.
LIMIT: ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. You must agree to be contacted by Sleep Outfitters for promotional marketing/advertising purposes in order to be entered in the sweepstakes. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. By registering, you agree that Sponsor may contact you via social media, including on Facebook, Instagram or Twitter by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the entrant. No copies, facsimiles, or mechanical reproductions of the Entry Form will be accepted. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, and/or entries, and that participant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
Submission of entry is the sole responsibility of participant. The following actions will result in a person’s entry being declared void and disqualification from the corresponding sweepstakes promotion then offered by Sponsor:
(a) violation of these Official Rules, including the entry limit for a given sweepstakes promotion (i.e., “stuffing the ballot box”);
(b) any attempt to defraud Sponsor in conjunction with participation in any sweepstakes promotion.
In addition, if Sponsor determines that the actions of a given person are sufficiently egregious, blatant or repeated, he/she may be
(a) prohibited from participating in all future Sweepstakes promotions offered by Sponsor, whether offered at Mattress King, Mattress Warehouse or Sleep Outfitters stores;
(b) prohibited from participating in ANY future sweepstakes/contest promotions or other offers of Sponsor, whether available in conjunction with Mattress King, Mattress Warehouse or Sleep Outfitters stores; and/or
(c) subject to civil and/or criminal prosecution under applicable law, with Sponsor reserving its right to pursue all available legal remedies.
- SELECTION OF WINNERS: On or about February 12, 2022, Sponsor will select the potentialwinners in a random drawing from among all eligible entries received. Entries received for a givensweepstakes promotion are valid only for that specific sweepstakes promotion and will not be retained for future Sweepstakes promotions. The odds of winning are based on the number of eligible entries received for that Sweepstakes. Potential winners will be notified by phone and/or e-mail, in Sponsor’s sole discretion. Award of any prize is contingent upon potential winner completing and signing an Acknowledgement of Rules Compliance & Release (“Acknowledgement & Release”), to be provided at time of winner notification.
If a potential winner cannot be contacted in person via email, telephone, and/or registered mail after the first attempt to contact him/her, or if he/she fails to sign and return the Acknowledgement & Release within the required time period (if applicable) or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries.
Prize must be claimed within thirty (30) days of date of notification. Winner must take possession of prize at time of prize award. Prize will be forfeited without compensation and may be awarded to an alternate selected from among all remaining eligible entries received for the that Sweepstakes under the following circumstances:
(a) if the Acknowledgment & Release is not properly completed and signed; or
(b) if potential winner is determined to be ineligible or not in full compliance with these Official Rules.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZES: There will be one (1) prize awarded (the “Prize”). The Prize consists of one (1) Sleep Outfitters Gift Certificate in the amount of $500.00. Approximate Retail Value (“ARV”) of the Prize: $500.00.
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
- GENERAL CONDITIONS: This Sweepstakes is governed by the laws of the United States.Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’sand/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor, and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries, technical failures or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If a sweepstakes promotion cannot be conducted as originally planned, Sponsor may cancel/suspend/modify such sweepstakes promotion and select the winners for such affected sweepstakes promotion in a random drawing from among all eligible entries received for such affected sweepstakes promotion. Sponsor’s failure to enforce any provision of these Official Rules in a given instance with regard to a particular sweepstakes promotion is NOT a waiver of such provision. Sponsor disclaims any and all liability for errors in sweepstakes promotion advertising material.
- PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES:
Except where prohibited by law, by accepting prize, winner agrees to grant to Sponsor (which grant will be confirmed in writing on request) the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, his/her name, image, portrait, photo, voice, likeness, opinions and biographical information (including but not limited to hometown and state), and other indicia of persona for advertising/trade/publicity purposes (including the announcement of his or her name on television or radio broadcast) by Sponsor and its designees without further consideration, compensation, permission, or notification. (Advertising/trade/publicity purposes include but are not limited to Sponsor’s public announcement of the winners at Mattress King, Mattress Warehouse and/or Sleep Outfitters store[s], as applicable, and perhaps elsewhere.) By participating, entrant releases and agrees to hold harmless Sponsor, its parent, subsidiaries, affiliated companies, individual Mattress King, Mattress Warehouse and Sleep Outfitters store locations and their respective directors, officers, employees and agents, from any and all liability arising from participating in the Sweepstakes or the acceptance, possession, receipt or use/misuse of any prize. By participating in this Sweepstakes, entrant agrees that Sponsor and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this sweepstakes or in any sweepstakes related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The released parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, epidemic, pandemic, or terrorism. By participating in this Sweepstakes, entrant agrees that the released parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this sweepstakes or the downloading from and/or printing material downloaded from such site.
- DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims andcauses of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolvedindividually, without resort to any form of class action, and exclusively by the United States District Court for the District of Kentucky or the appropriate State Court located in Fayette County, Kentucky; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
- OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visithttp://www.sleepoutfitters.com/sweepstakes. For a list of winners send an e-mail firstname.lastname@example.org. Be sure to include Sleep Outfitters Ultimate Winter Giveaway and the start and end dates of the sweepstakes promotion you are inquiring about in the subject line. Winners’ list requests must be received within three (3) weeks after the end date of a given sweepstakes promotion (at 5:00 p.m. Eastern Time).
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