THE BEAUTYREST CASH & COMFORT EVENT & SWEEPSTAKES
No purchase necessary to enter or win. A purchase does not improve your chances for winning. STANDARD TEXT AND DATA RATES MAY APPLY.
Sweepstakes Period: The Beautyrest Cash & Comfort Event & Sweepstakes (“Promotion”) begins at 12:00 A.M. Eastern Time (“ET”) on May 15, 2011 and ends on July 5, 2011 at 11:59:59 P.M. ET (the “Entry Period”).
How to enter: There are three ways to enter/instantly receive a rebate. 1) Visit a participating Simmons retailer and using a mobile phone enabled with the ability to scan a QR Tag, scan the QR Tag located on promotional material throughout the store. After scanning the tag, complete the on-screen registration on your phone to receive one sweepstakes entry and you will also be automatically notified if you are deemed an instant rebate recipient, subject to verification. 2) Visit a participating Simmons retailer and using your mobile phone, use the text option provided at the store. After sending the text, complete the on-screen registration on your phone to receive one sweepstakes entry and you will also be automatically notified if you are deemed an instant rebate recipient, subject to verification. Standard text and data rates apply. 3) Visit a participating Simmons retailer to locate the web address and complete the on-screen registration online to receive one sweepstakes entry and you will also be automatically notified if you are deemed an instant rebate recipient, subject to verification. Limit one entry/game play per person/email address per day during the Promotion, regardless of method of entry.
Eligibility: The Promotion is open only to individuals who: (a) are legal residents of the fifty (50) United States and the District of Columbia and (b) are eighteen (18) years of age or older at the time of entry. Employees or contractors of Simmons Bedding Company, Votigo, Inc., and 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 Promotion is subject to all federal, state, and local laws and regulations and is void outside of the 50 U.S. & D.C. and where prohibited by law.
Sponsor: Simmons Bedding Company, One Concourse Parkway, Suite 800, Atlanta, GA 30328 (“Sponsor”). Administrator: Votigo, Inc., 251 Lafayette Circle #330, Lafayette, CA 94549 (“Administrator”).
Agreement to Official Rules: Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor and Administrator, which are final and binding. Receiving a rebate is contingent upon fulfilling all requirements in a timely manner.
Selection of Weekly Rebate recipients: Seven (7) Weekly Rebate Recipients (1 per week) will be selected in each of seven (7) separate random drawings, one (1) for each week of the Promotion, from among all eligible entries received during each weekly deadline (“Weekly Drawing Period”) as described in the chart below. Entries will not be carried forward for subsequent drawings, if any.
All decisions by the Administrator and Sponsor are final and binding. The potential winner will be contacted via email.
Odds of receiving a Weekly Rebate depend on the number of eligible entries received during each Weekly Drawing Period.
Weekly Drawing Period
5/15/11 @ 12:00:01 a.m. ET though 5/21/11 @ 11:59:59 pm ET
5/22/11 @ 12:00:01 a.m. ET though 5/28/11 @ 11:59:59 pm ET
5/29/11 @ 12:00:01 a.m. ET though 6/4/11 @ 11:59:59 pm ET
6/5/11 @ 12:00:01 a.m. ET though 6/11/11 @ 11:59:59 pm ET
6/12/11 @ 12:00:01 a.m. ET though 6/18/11 @ 11:59:59 pm ET
6/19/11 @ 12:00:01 a.m. ET though 6/25/11 @ 11:59:59 pm ET
6/26/11 @ 12:00:01 a.m. ET though 7/5/11 @ 11:59:59 pm ET
Requirements of the WEEKLY REBATE/$1,000 REBATE Recipients: The potential Weekly Rebate and $1000 Rebate recipients will be contacted via email. Except where prohibited, Weekly Rebate and $1,000 Rebate recipients will be required to complete and return via email/mail, an affidavit of eligibility and a comprehensive liability waiver and publicity release within seven (7) days of the date of notification. Rebate recipients 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.
Instant Rebates” There will be a total of 23,910 Instant Rebates toward the purchase of a new Simmons® mattress including: 5,000 $5 rebates, 6,000 $10 rebates, 10,000 $20 rebates, 2,500 $50 rebates, 300 $100 rebates, 100 $500 rebates and 10 $1,000 rebates. The ARV of all instant rebates is $500,000. Rebate claim forms will be emailed to rebate recipients within 2 weeks after verification. Sweepstakes Weekly Rebate Recipients (7) — Seven (7) Weekly Rebate recipients will each receive a $5,000 rebate toward the purchase of a new Simmons® mattress. All Instant Rebate requests (excluding $1,000 rebates) must be postmarked by July 30, 2011 in order to receive the rebate and no additional compensation will be provided. $1,000 Rebate requests and Weekly Rebate requests must be postmarked by the date indicated in the congratulatory letter once their Affidavits have been returned and confirmed. Rebates are applied only up to the purchase price of the Simmons® mattress as verified by a valid proof of purchase receipt. Winners are responsible for payments of the original purchase price for the Simmons® mattress to the retailer. Redemption of the rebate is not at the time of purchase and winner must follow redemption rules for the rebate via mail. The approximate odds of receiving any rebate are 1 in 10.
To redeem your rebate, follow the instructions on the rebate claim including mailing the rebate form and proof of purchase to the address provided. For the Weekly Rebates and $1,000 rebates, rebate recipients must follow directions in #7 above before receiving the claim form.
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 the applicable Weekly Rebate recipients in a random drawing 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/game play 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/game play, the authorized account holder of the e-mail address used to enter/play 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 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 “rebate recipient” 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/game play from the Promotion at any time. Rebate recipients are responsible for any taxes associated with the prizes.
Publicity: Except where prohibited, by participating in the Promotion and regardless of whether you are a rebate recipient, 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, 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 a rebate recipient, 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.
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 REBATES. 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 REBATE 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 REBATE, 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 REBATE, PARTICIPATION IN ANY REBATE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY/GAME PLAY, 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.
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 rebate.
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 rebate 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.
Official Rules and List OF rebate recipients valued at $50 or more: A list of rebate recipients can be obtained by emailing email@example.com by August 15, 2011.
Questions: Direct any Promotion related questions to firstname.lastname@example.org
© 2011 Simmons Bedding Company. All rights reserved.