THE "Tweet for Sleep" SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES FOR WINNING.
1. Promotion Description: The "Tweet for Sleep" Sweepstakes ("Promotion") is comprised of thirteen (13) Weekly Sweepstakes. The Promotion begins on February 1, 2010 at 12:00:01 a.m. Eastern Standard Time ("EST") and ends on May 3, 2010 at 11:59:59 p.m. EST (the "Entry Period").
2. Eligibility: The "Tweet for Sleep" Sweepstakes is open only to individuals who: (a) are legal residents of the fifty (50) United States and the District of Columbia, (b) are eighteen (18) years of age or older at the time of entry and (c) follow @SimmonsBedding on Twitter. Employees or contractors of Simmons Bedding Company, Votigo, Inc., 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 "Tweet for Sleep" Sweepstakes 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.
3. Sponsor: Simmons Bedding Company, One Concourse Parkway, Suite 800, Atlanta, GA 30328 ("Sponsor"). Administrator: Votigo, Inc., 3527 Mt. Diablo Blvd., #364, Lafayette, CA 94549.
4. Agreement to Official Rules: Participation in The "Tweet for Sleep" Sweepstakes 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 in a timely manner.
5. HOW TO ENTER:
Directly from Twitter
- Follow @SimmonsBedding (http://twitter.com/SimmonsBedding) on Twitter.
- Using your Twitter account send a Tweet that includes #simmonsbeautyrest and the URL http://bit.ly/beautyrest
From the Sweepstakes Site:
- Follow @SimmonsBedding (http://twitter.com/SimmonsBedding) on Twitter.
- Visit http://contest.simmons.com and login using your Twitter account. If you do not have a Twitter account visit http://www.twitter.com to create one. Creating an account is free.
- Send a Tweet that includes #simmonsbeautyrest and the URL http://bit.ly/beautyrest
Limit one (1) entry per person, per day.
6. Entry Rules & Guidelines:
- Your Tweet should explain the lengths you would go to for a good night's sleep. The Sponsor encourages you to be funny and creative with your submissions. You must include #simmonsbeautyrest and the URL http://bit.ly/beautyrest in your Tweet.
- Entry cannot include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind including the use of brand names other than Simmons or Beautyrest.
- Entry cannot, 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 "Tweet for Sleep" Sweepstakes as described in these Official Rules and related materials.
- Entry cannot disparage the Sponsor or its affiliates.
7. SELECTION OF WINNERS: There will be thirteen (13) separate drawing periods to randomly select the winners of the Weekly Sweepstakes. The Administrator will randomly select the potential Sweepstakes winners from all eligible entries in that given week based on the following schedule. For the purposes of the Promotion a week will begin on Monday at 12:00 a.m. EST and end the following Sunday at 11:59 p.m. EST. All decisions by the Administrator are final and binding. The potential winner will be contacted via a direct Twitter message.
8. Requirements of the Winner: Except where prohibited, winner will be required to complete and return an Affidavit of Eligibility/Liability and Publicity Release (including a declaration of compliance with these Official Rules) and a comprehensive liability waiver and publicity release within five (5) days of the date of notification. Winner 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 cannot be notified, has not complied with the official rules or fails to complete the Affidavit in a timely manner, the potential winner will forfeit their prize and another winner will be selected. Winner is responsible for all taxes and fees associated with the prize.
9. Prizes:
Weekly Winners - Thirteen (13) weekly winners will each receive a Simmons® Anniversary™ Mattress. Approximate Retail Value: $1,999. (If a winner bought a new Simmons® Beautyrest® mattress within the Entry Period and presents a valid proof of purchase receipt, Sponsor may refund the amount paid by winner for the mattress up to $1,999.)
10. Prize Restrictions: Except at the sole discretion of the Sponsor, no substitution, cash redemption or transfer of prize(s) allowed. Sponsor reserves the right to substitute for the advertised prize a prize of equal or greater value if the advertised prize becomes unavailable for any reason. If a prize is forfeited for any reason under these Official Rules, it may, in the Sponsor's sole discretion, be awarded to another eligible participant.
11. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Promotion if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Promotion, 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 Promotion 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 Promotion 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 entry, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. All activity arising out of and relating to the Promotion 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 Promotion at any time.
12. Publicity: Except where prohibited, by participating in the Promotion 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, 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 the Promotion will be treated in accordance with Administrator Privacy Policy (accessible from http://www.votigo.com/corp/privacy.php ) and Sponsor's Privacy Policy (accessible from http://www.simmons.com/privacy.cfm ) except as otherwise described in these Official Rules and the Promotion materials. By participating in the Promotion, 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 Promotion, 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.
Limitations of Liability; Disclaimers/Release:SPONSOR, 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 PROMOTION 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 PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. 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 PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY ENTERING THE PROMOTION 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 PROMOTION, 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.
14. 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 Promotion; (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 Promotion 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 Promotion or receipt of any prize.
15. Disputes: Administrator and/or Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Promotion, and the decisions by Administrator and/or Sponsor are final and binding on all matters relating to the Promotion. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Promotion 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 Promotion, 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 Promotion, 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 Promotion, you agree that Georgia will be the exclusive forum for any formal dispute resolution.
16. Official Rules and Winner List:A list of winners can be obtained by emailing simmons@votigo.com on or after June 1, 2010.
17. Questions: Direct any sweepstakes related questions to simmons@votigo.com
© 2010 Simmons Bedding Company. All rights reserved.

