NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES FOR WINNING.
1. ELIGIBILITY: The "I REALLY want my Beautyrest® mattress" contest is open only to individuals who: (a) are legal residents of the fifty (50) United States and the District of Columbia and (b) are thirteen (13) years of age or older at the time of entry. Employees or contractors of Simmons Bedding Company, Votigo, Inc. ("Administrator"), or a competitor of Simmons Bedding Company or any of their respective affiliate companies, subsidiaries, agents, distributors, wholesalers, retailers, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible. The "I REALLY want my Beautyrest® mattress" contest is subject to all federal, state/provincial, and local laws and regulations and is void outside of the U.S. and where prohibited by law.
2. SPONSOR: Simmons Bedding Company, One Concourse Parkway, Suite 800, Atlanta, GA 30328 ("Sponsor"). Administrator: Votigo, Inc., 3527 Mt. Diablo Blvd., #364, Lafayette, CA 94549.
3. AGREEMENT TO OFFICIAL RULES: Participation in The "I REALLY want my Beautyrest® mattress" contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. ENTRY PERIOD: The "I REALLY want my Beautyrest® mattress" contest begins on July 1, 2009 at 12:00:01 a.m. EST and ends on September 30, 2009 at 11:59:59 p.m. EST (the "Entry Period").
5. HOW TO ENTER: Visit http://contest.simmons.com and complete the online entry form. You must include on the entry form complete and accurate information, including your Email address, video or photo entry, entry name, entry description and all other information requested. Entries originating outside of the U.S. are ineligible. Online entry into The "I REALLY want my Beautyrest® mattress" contest must be completed in a single, continuous session during the Entry Period.
There are two ways to submit your contest entry:
- Video Entry: Entrants can submit an original video describing why they really need a new mattress. All videos must not exceed 100mb and must be submitted in one of the following video formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2. Video cannot be longer than 30 seconds.
- Photo & Essay Entry: Entrants may submit a photo and essay to enter the contest. The photo and essay should explain why the entrant really needs a new mattress. The essay text must be in English and should be no longer than 1,000 characters. A photo must be submitted with the essay and can be no larger than 5MB. The photo should be in one of the following formats: gif, jpg, or jpeg.
6. ENTRY RULES:
- Entries should clearly explain why the entrant needs a new Beautyrest® mattress.
- Entries should not include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind.
- Entries should not, in the sole discretion of Sponsor, be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of The "I REALLY want my Beautyrest® mattress" contest as described in these Official Rules and related materials.
- Entries should be to specified size and quality. Any video or image not correctly prepared or suffering image degradation due to over-compression may be disqualified.
- Include a description of the entry.
There is no limit on the number of original entries that you can submit, however, you may not submit the same entry more than once and each entry submitted by the same entrant should be substantially different from the rest. No automated entry or voting devices or programs are permitted. You are solely responsible for the equipment and internet access required to enter or participate in The "I REALLY want my Beautyrest® mattress" contest. Sponsor reserves the right to, in its sole discretion to restrict participation in The "I REALLY want my Beautyrest® mattress" contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason.
Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Proof of submission will not be deemed to be proof of receipt by Sponsor.
7. SELECTION OF WINNERS: By participating in The "I REALLY want my Beautyrest® mattress" contest, you agree that Sponsor and Administrator and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify and judge your entry, publicly or otherwise, in any manner they elect, and (b) control or restrict voter qualification and the frequency and manner of voting.
There will be three (3) rounds of voting and judging to determine the winner - Initial Public Voting Phase, Judging Phase and Final Public Voting Phase.
Initial Public Voting Phase: During the Initial Public Voting Phase, taking place between July 1, 2009 at 12:00:01 a.m. EST and September 30, 2009 at 11:59:59 p.m. EST, entries will be posted at http://contest.simmons.com. Individual members of the public registered at http://contest.simmons.com will be invited to vote for entries online at http://contest.simmons.com. Each eligible entry will be allowed one vote per registered user, per day during the Public Voting Phase. Automated and/or fraudulent methods of voting are strictly prohibited. The votes from the public during this phase will be used by the judges to select the twenty (20) Finalists.
Judging Phase: During the Judging Phase, taking place between October 1, 2009 and October 7, 2009 a panel of qualified judges ("Judging Panel") whose decisions are final, will select the twenty (20) Finalists based on the following criteria:
Final Public Voting Phase: During the Final Public Voting Phase, taking place between October 8, 2009 at 12:00:01 a.m. EST and October 29, 2009 at 11:59:59 p.m. EST, individual members of the public registered at http://contest.simmons.com will be invited to vote for the Finalist entries online at http://contest.simmons.com. Each eligible entry will be allowed one vote per registered user per day. Automated and/or fraudulent methods of voting are strictly prohibited. The votes from the public during this phase will determine the winners of the contest.
There will be a total of ten (10) winners (see 9. Prizes). All winners are subject to verification (including verification of eligibility, compliance with the Official Rules, and completion of documentation specified herein) and satisfaction of any prize-related conditions or specifications. There is a limit of one prize per entrant or household. Sponsor's decisions are final and binding in all matters relating to The "I REALLY want my Beautyrest® mattress" contest, including but not limited to eligibility and winner selection. If a potential winner cannot be reasonably notified, verified or confirmed within ten (10) days of first notification attempt (and further attempts at Sponsor's sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be chosen in accordance with these Official Rules.
8. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules) and a comprehensive liability waiver and publicity release within ten (10) days of the date of notification. Potential winners may also be required to complete additional liability waivers required by third party service providers. Such liability waivers will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Sponsor and Administrator and their subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party. If a potential winner is a minor, the affidavit of eligibility, Form W-9, and liability waiver and publicity release must be signed by his/her parent or legal guardian on his/her behalf, with prize delivered to such parent/guardian.
9. PRIZES
Ten (10) Winners: Will receive one new Simmons Beautyrest® Mattress of their choice/size (retail value $3,000). (If a winner bought a new Simmons Beautyrest® mattress within the promotion timeframe, Simmons will refund the entire amount paid.)
10. Prize Restrictions: No substitution, cash redemption or transfer of prize allowed, but Sponsor reserves the right to substitute for the advertised prize or any prize component, a prize/prize component of equal or greater value if the advertised prize/prize component becomes unavailable for any reason. Taxes are the sole responsibility of the Winner. Winner will be issued an IRS Form 1099 for the fair market value of the prize. If a Winner is a minor in his/her state of residence, the prize may be awarded in the name of, or to, the Winner's parent/legal guardian who must execute all documents and agree to all obligations and undertakings of the Winner, both on behalf of himself/herself and Winner, and must accompany Winner on the trip at the parent's/legal guardian's own expense. Failing compliance with this, the prize will be forfeited. If a prize is forfeited for any reason under these Official Rules, it may, in the Sponsor's sole discretion, be awarded to the highest scoring runner up.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify The "I REALLY want my Beautyrest® mattress" contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of The "I REALLY want my Beautyrest® mattress" contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of The "I REALLY want my Beautyrest® mattress" contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of The "I REALLY want my Beautyrest® mattress" contest may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. 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. All activity arising out of and relating to The "I REALLY want my Beautyrest® mattress" contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from The "I REALLY want my Beautyrest® mattress" contest at any time.
Only one account per person, and a maximum of five (5) accounts per computer are allowed. Additional accounts on the same computer and all entries and votes from these accounts will be void. The Sponsor reserves the right to monitor any effort to establish multiple accounts; in the event the Sponsor discovers that you have opened more than one account per person, all accounts will be closed without notice and any contest entries will be disqualified and any votes cast will be void.
12. PUBLICITY: Except where prohibited, by participating in The "I REALLY want my Beautyrest® mattress" contest and regardless of whether you are a winner, you grant Sponsor and Administrator and their subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, video, likeness, photograph(s), written and other entry materials, as well as additional photographs, video footage or other images that Sponsor and/or Administrator may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor and/or Administrator shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
13. PRIVACY: All personal information submitted by you as part of this The "I REALLY want my Beautyrest® mattress" contest will be treated in accordance with Sponsor's Privacy Policy (accessible from http://simmons.com/privacy.cfm), except as otherwise described in these Official Rules and The "I REALLY want my Beautyrest® mattress" contest materials. By participating in The "I REALLY want my Beautyrest® mattress" contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of The "I REALLY want my Beautyrest® mattress" contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.
14. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of The "I REALLY want my Beautyrest® mattress" contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of The "I REALLY want my Beautyrest® mattress" contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in The "I REALLY want my Beautyrest® mattress" contest or receipt of any prize.
SPONSOR AND ADMINISTRATOR AND THEIR SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH The "I REALLY want my Beautyrest® mattress" contest OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT The "I REALLY want my Beautyrest® mattress" contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH The "I REALLY want my Beautyrest® mattress" contest. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN The "I REALLY want my Beautyrest® mattress" contest, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY ENTERING The "I REALLY want my Beautyrest® mattress" contest AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN The "I REALLY want my Beautyrest® mattress" contest, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
15. DISPUTES: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to The "I REALLY want my Beautyrest® mattress" contest, and the decisions by Sponsor are final and binding on all matters relating to The "I REALLY want my Beautyrest® mattress" contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, The "I REALLY want my Beautyrest® mattress" contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Georgia; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering The "I REALLY want my Beautyrest® mattress" contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with The "I REALLY want my Beautyrest® mattress" contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Georgia. By participating in The "I REALLY want my Beautyrest® mattress" contest, you agree that Georgia will be the exclusive forum for any formal dispute resolution.
16. WINNERS LIST: A list of winners will be posted on http://contest.simmons.com on or about November 15, 2009.
© 2009 Simmons Bedding Company. All rights reserved.
