Official Rules
1. No Purchase Necessary. To Enter: Eligible customers of Tempur-Pedic authorized retailers who are the intended recipients of the Reviews Sweepstakes invitation may enter by following the directions on the materials they are given to complete and submit an online review of their in-store Tempur-Pedic mattress purchase from a participating authorized Tempur-Pedic retailer, anytime between July 16, 2018 and August 27, 2018 (“Sweepstakes Period”). Invitation is valid only for intended recipient, and is not transferable. Limit one (1) entry per person. To be eligible for Sweepstakes entry, mattress review must be complete and solely the customer's original work, as well as reflecting the customer's honest opinion based on his/her actual, current experience using the applicable Tempur-Pedic mattress. A review submitted for any previous version of a Tempur-Pedic product review sweepstakes may not be entered again in this Sweepstakes; however you may still enter this Sweepstakes via postcard, as set forth below. Submitting multiple reviews for a single purchase or reviews for products not purchased will result in Sweepstakes disqualification. All reviews must be completed and received by 11:59 p.m. Eastern Time on August 27, 2018. For the purposes of this Sweepstakes, the sole determinant of the current time will be the clock on the sweepstakes server, regardless of what any other timekeeping device might indicate. To enter without making a purchase, send a standard-size postcard, only, with your hand-printed full name, address, daytime phone number, and email address (all required) to: Tempur-Pedic Retailer Reviews Sweepstakes, P.O. Box 612, Marblehead, MA 01945. Mail-in entries must be postmarked by August 27, 2018 and received by August 31, 2018.
2. Drawings: Winners will be selected via random drawings from among all eligible entries received. Drawings will be conducted on or around September 4, 2018 by PROMOSIS, Inc. (“Administrator”), an independent judging organization whose decisions in all matters relating to this Sweepstakes are final and binding. For the avoidance of doubt, the content of an entrant's product review will not be taken into account in the winner selection process, provided that the content of the product review is not inappropriate (e.g., no profanity or hate speech) or in violation of a third party’s rights. Potential winners will be notified by email from Promosis, Inc., and will be required to complete a notarized Affidavit of Eligibility and liability/publicity release that must be returned and received within 5 days of the date emailed to the potential winner. If potential winner cannot be contacted for any reason, or does not respond to the prize notification email within prescribed time period, or is determined to be ineligible or in violation of these Official Rules, the prize will be forfeited (without compensation of any kind), and an alternate will be randomly selected from the remaining pool of eligible entries received for the original drawing. The odds of winning are dependent upon the total number of eligible entries received.
3. Prizes: Three (3) Grand Prizes: $3,000 cash. Retail value of each Grand Prize = $3,000. Each winner is solely responsible for all applicable taxes on the value of the prize, and will be issued an IRS 1099-MISC tax form for the retail value of prize awarded. Prize may not be transferred, in whole or in part. In no event will Sponsor be obligated to award more than the number of prizes stated in these Official Rules.
4. Eligibility: The Sweepstakes is open only to Tempur-Pedic retailer in-store customers who are intended recipients of the product review invitation and are legal residents of the United States (except residents of Puerto Rico and all other US Territories and Possessions, and APO/ FPO addresses), 18 years of age or older. Sweepstakes is not open to members of the general public (i.e., all persons other than those who are intended recipients of the product review invitation). Not open to employees, members of their immediate family (spouses, parents, children, siblings and their respective spouses), and those living in the same household of employees of Tempur-Pedic North America, LLC (“Sponsor”), its affiliates, subsidiaries, its retailers, promotion partners, advertising and production agencies, Power Reviews, Inc., and PROMOSIS, INC. Entrants consent to the use of their customer information in accordance with the Tempur-Pedic privacy policy. Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her review in any manner and in any and all distribution channels, venues or media now known or hereafter devised, including but not limited to social media and marketing, without further notice or any compensation. Entrant further waives any “Moral Right of Authors” (Droit Moral) in the review. Entrant agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect, or record such grant of license rights. Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her review. By accepting the prize, winner agrees to the use of his or her name, image, likeness and/or other indicia of persona and/or the content of his/her review, as above, for potential publicity/trade/promotional purposes, where permitted by law, and for public winner disclosure, as required by law. All Federal, State, and local laws and regulations apply. Void where prohibited by law. By entering this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of Administrator and Sponsor.
5. Limitation of Liability: Failure of Sponsor/Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision. Sponsor, Administrator, Power Reviews, Inc., and their respective affiliates, employees, officers or agents are not responsible for typographical errors in any Sweepstakes-related materials, or for any individual's inability to enter the Sweepstakes, including but not limited to unavailable network, server, or other connections; failed software or hardware transmissions; other errors of any kind, whether human, mechanical, or electronic, including lost, late, incomplete, inaccessible, corrupted, garbled/damaged, misdirected entries, mechanically reproduced or illegible mail-in entries or postage due mail; or for any damage to any computer related to or resulting from participation. If entering via a mobile device, standard wireless charges may apply. Entries generated by script, macro, or other automated entry devices are not valid and will be disqualified. Sponsor reserves the right in its sole discretion to cancel, modify or suspend the Sweepstakes should any of the foregoing occurrences (or any other event beyond Sponsor's control) corrupt or impair the administration, security, fairness, or proper play of the Sweepstakes. If program is canceled/modified/suspended for any reason, winner will be randomly selected from all eligible entries received up to the time of program cancellation/modification/suspension or otherwise in a manner of Sponsor's sole choosing which is fair, appropriate, and consistent with these Official Rules. All recipients of product review invitations will be notified of such action by Sponsor. By participating in the Sweepstakes, entrants release and agree to hold harmless the Sponsor, Administrator, Power Reviews, Inc., and their respective affiliates, subsidiaries, parent companies, divisions, and agencies, and the employees, officers, directors, representatives, shareholders, successors and assigns of any of the foregoing organizations from any and all liability for injury, losses, damages, or costs of any kind resulting from participation in this Sweepstakes or acceptance, possession, receipt or use or misuse of prize.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON MAKING SUCH ATTEMPT FROM THE SWEEPSTAKES (IF APPLICABLE) AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
6. Dispute Resolution: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE STATE OF KENTUCKY, WITHOUT REGARD TO CONFLICT OF LAW DOCTRINES (OF KENTUCKY OR OF ANY OTHER JURISDICTION). To the fullest extent permitted by law, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Fayette County, Kentucky. Participant agrees to the personal jurisdiction of such courts and waives any right of change of venue, inconvenient forum or the like. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes, if any), and participant further waives all rights to have damages multiplied or increased.
7. Winners List: For the names of the winners, available until November 27, 2018, send a standard-size postcard, only, with your return address to: Tempur-Pedic Retailer Reviews Sweepstakes Winners List, P.O. Box 38, Marblehead, MA 01945. Do not send any other correspondence to this address.
8. Administrator: Promosis, Inc., 18 Prospect Street, Marblehead, MA 01945
9. Sponsor: Tempur-Pedic North America, LLC, 1000 Tempur Way, Lexington, KY 40511
© 2018 Promosis, Inc.
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