Tempur-Pedic Father’s Day Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR IF YOU ARE NOT LOCATED IN THE 48 CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. Void in Alaska, Hawaii and where prohibited by law.
- Eligibility: The Tempur-Pedic Father’s Day Contest (“Contest”) is open to legal residents of the 48 contiguous United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors, and officers of Tempur-Pedic International, LLC (“Sponsor”), its parent, subsidiaries, affiliates, sales representatives, and advertising, promotion agencies, and all other service agencies involved with the Contest (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules. Winning the prize is contingent upon fulfilling all requirements set forth herein. Void in Alaska, Hawaii, elsewhere outside the area of geographic eligibility listed above and where prohibited by law. Contest is subject to all applicable federal, state, and local laws.
- Promotion Period: This Contest starts at 9:00 [am] Pacific Time (“PT”) on 05/23/16 and ends at 11:59 [pm] PT on 06/01/16 (the “Promotion Period”).
- How to Enter: You can enter Contest by logging into your Instagram account or Facebook account (or download the free Instagram app or Facebook app to a compatible mobile device; or, access Facebook via desktop computer; you may create a free account on Instagram or Facebook, if you do not already have one) and become a follower of @tempurpedic on Instagram or go to https://www.facebook.com/TempurPedic. On Instagram, submit a photo of the most unique/one-of-a-kind Father’s Day gift you have ever given or received and use the “hashtags” #TempurPedicDad and #Contest in response to any one (1) of the designated Contest posts or regrams on Sponsor’s Instagram page (https://www.Instagram.com/tempurpedic) to receive one (1) Entry into the Contest (subject to verification of compliance with the Entry Requirements in Rule 3.1, below). Or, on Facebook, submit a photo of the most unique/one-of-a-kind Father’s Day gift you have ever given or received in the comments section in response to any one (1) of the designated Contest posts on Sponsor’s Facebook page (https://www.facebook.com/TempurPedic) to receive one (1) Entry into the Contest (subject to verification of compliance with the Entry Requirements in Rule 3.1, below). You may include a comment or caption along with your photo, but this is not required; however, doing so may strengthen and enhance your entry for purposes of the judging procedure, as set forth below. An entrant must have a non-private Instagram or Facebook account to enter the Contest. Limit one (1) Entry per person/Instagram OR Facebook account for the entire Promotion Period, regardless of the number of unique/one-of-a-kind Father’s Day gift photos posted by a given person/Instagram or Facebook account. IF YOU ENTER VIA INSTAGRAM, YOU MAY NOT ALSO ENTER ON FACEBOOK; IF YOU ENTER VIA FACEBOOK, YOU MAY NOT ALSO ENTER ON INSTAGRAM. In addition, for Facebook, the post must be made in the designated area (i.e., in the comments section of Sponsor’s Facebook page); if made elsewhere on Facebook, such post will NOT result in entry in the Contest. By entering, entrant hereby agrees to the terms and conditions set forth in these Official Rules.
Automated Entries are prohibited and any such use will cause disqualification. Entrants may not enter with multiple Instagram accounts, multiple Facebook accounts, an Instagram account and a Facebook account, nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Contest multiple times using multiple identities, multiple Instagram accounts, multiple Facebook accounts, an Instagram account and a Facebook account, or that you submitted or attempted to submit more than one (1) Entry, all of your Entries may be declared null and void, and you will be disqualified. Presence of an Entry on Instagram or Facebook (as applicable) is not a confirmation, representation, or warranty by the Sponsor or any of its representatives that the Entry is compliant with these Official Rules. Sponsor’s decisions with respect to whether an Entry complies with these Official Rules are final and binding and may be made by Sponsor at any time (prior to selection of winner as per Rule #4 below). Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole discretion of the Sponsor. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the Entries.
Message and data rates apply to use of mobile device for Contest entry. You may be charged by your wireless carrier for entering the Contest via mobile device. Be sure to check your wireless carrier's pricing plan before participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
Your Entry must comply with all requirements set forth herein, including the entry requirements provided in Rule #3.1, to be considered an eligible Contest Entry.
By submitting an Entry, entrants agree to indemnify and hold Sponsor, Rubin Postaer and Associates (“RPA”) [Sponsor’s marketing/promotion agency], Facebook, Inc., and Instagram, LLC harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought against or suffered or incurred by the Sponsor, RPA, Facebook, Inc., and Instagram, LLC, or any of them, arising out of or in connection with the participation by the entrants in this Contest, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by Sponsor or RPA of any Entry (or portion thereof) submitted by entrants in this Contest. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
Note: If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet; in addition, a number of Internet service providers and other companies offer free email accounts.
3.1. Contest Entry Requirements:
By submitting an Entry into the Contest, you warrant and represent that the Entry conforms to the Official Rules and the Entry Requirements set forth herein. The following guidelines set by the Sponsor must be followed for each Entry:
- You must own all rights in the Entry and have the right to grant Sponsor a license to use the Entry (including any material embodied in the Entry);
- The Entry cannot be sexually explicit or suggestive, violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity, any dangerous activity, or any inappropriate content;
- The Entry cannot promote alcohol abuse, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
- The Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor, Promotion Entities, or their products or other people, products, or companies;
- The Entry cannot infringe on any trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors), or any intellectual property owned by others (including but not limited to music, photographs, sculptures, paintings, and other works of art or images, published on or in websites, television, movies, or other media); Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted or trademarked materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging to any third parties or incorporate the names, voices, likenesses, or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use the same in connection with your Entry and grant the rights herein granted to Sponsor; The Entry cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor’s, including, but not limited to, any of Sponsor’s competitors, any of Promotion Entities’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses without permission [be sure that the picture of your Father’s Day gift does not contain any third party brand names];
- The Entry cannot contain materials infringing on any individual’s right of publicity; entrant must have permission from all individuals’ whose name or likeness are depicted in the Entry.
- The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- The Entry cannot violate any law or otherwise be inappropriate; all as determined by Sponsor in its sole discretion.
ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY PROMOTION ENTITIES AT ANY TIME DURING THE PROMOTION PERIOD AND (IN THE SOLE DISCRETION OF SPONSOR) MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT IS CONFIRMED AS THE WINNER OF THE PRIZE.
ENTRIES WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST PICTURES AND COMMENTS AND FURTHER DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUCH POSTED CONTENT. SPONSOR WILL NOT EDIT OR MODIFY PICTURES/COMMENTS (AS APPLICABLE) POSTED FOR THE CONTEST IN CONJUNCTION WITH ADMINISTRATION OF THE CONTEST. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest Entry requirements set forth herein in its sole discretion. Sponsor reserves the right, in its sole discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest Entry requirements. By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that Sponsor has no obligation to use or re-post any Entry you submit. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; and (e) and that re-posting of the Entry via various media including web posting, will not infringe on the rights of any third party (including, but not limited to, right of publicity and privacy).
By accepting the prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title, and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change, or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title, and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules, without compensation other than the prize itself. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request that the winner secure from any person other than the winner depicted in the Entry or the photographer of the Entry (if not the winner) an irrevocable assignment and transfer to Sponsor by such other person of all right, title, and interest in and to the Entry, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Such other person (be it someone depicted in the Entry or the photographer) may also be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that such other person may now or later have in the Entry. Should Sponsor fail to request the said assignment from such other person (be it someone depicted in the Entry or the photographer) as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
- Winner Selection: All eligible entries will be reviewed and scored on the following criteria, according to the percentages shown:
i. creativity = 30%
ii. originality = 45%
iii. degree of uniqueness and memorability of Father’s Day gift as depicted in photo (i.e., relevance to theme) = 25%
Entries/Photographs (including comments) will be judged according to the criteria above, by a panel of representatives of Sponsor. (The judging panel shall take into consideration when applying the judging criteria whether or not the Entry/Photograph also included a comment.) Entries will be judged approximately between June 2, 2016 and June 6, 2016. The Entry/Photograph receiving the highest score will be deemed the potential prize winner. In the event of a tie, the tie breaker will be based upon the highest score in the first judging criterion and if a tie still remains, then continuing to the second judging criterion to break the tie and determine the potential prize winner.
Prize (1): Winner will receive one queen-sized TEMPUR-Cloud Supreme Breeze mattress and Low Profile foundation with a total approximate retail value of $4,099.00. If winner is an eligible minor, prize will be awarded to the minor’s parent or legal guardian who will be required to complete and return all prize documents. If the prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize must be accepted in its entirety or not at all. Prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute the prize (or portion thereof) of comparable or greater value, due to prize unavailability for any reason. All federal, state, and local taxes (including income and withholding taxes) as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the winner’s responsibility, regardless of whether the prize is used in whole or in part. Prize winner will be issued an IRS 1099 Tax Form as Sponsor must report the value of the prize to the Internal Revenue Service; and, winner agrees to fully cooperate with Sponsor in conjunction with its compliance with such reporting requirement. All prize details are at the Sponsor’s sole discretion. Winner acknowledges that Promotion Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose.
- Winner Notification: The winner will be messaged privately via his/her Instagram or Facebook account used to enter the Contest (as applicable) on or around 06/06/2016. IT IS THE WINNER'S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER INSTAGRAM OR FACEBOOK SETTINGS (AS APPLICABLE) ARE CONFIGURED SO THAT SPONSOR'S OFFICIAL ACCOUNT MAY CONTACT HIM/HER VIA PRIVATE MESSAGE. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the Instagram account or Facebook account (as applicable), in Sponsor’s sole discretion. The contact notification will include instructions on how to claim the prize. If winner is found to be ineligible, or not in compliance with these Official Rules, declines to accept the prize, if potential winner fails to respond to winner notification within three (3) days of attempting contact, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited. Potential prize winner may be required to furnish proof of identification or prize may be forfeited. In the event that the potential prize winner is disqualified for any reason and the prize is forfeited, Sponsor reserves the right to award the prize to an alternate entrant selected as per Rule 4 above. Promotion Entities shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding the prize for any reason outside of their control. Prize will only be delivered to the verified winner and to a street address within the 48 contiguous United States or the District of Columbia. Potential winner will be required to complete and sign an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within an indicated time period. Failure to do so (if applicable) will result in prize forfeiture and selection of an alternate winner. Prize will be shipped 4-6 weeks following winner verification.
By participating in the Promotion, an entrant consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Contest or Sponsor, and Entry or likeness, without compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
- Ownership/Use of Entry: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE RE-POSTED ON ANY OF SPONSOR’S WEBSITE(S) AND/OR ON SPONSOR’S OFFICIAL FACEBOOK AND/OR INSTAGRAM ACCOUNTS, IN SPONSOR’S SOLE DISCRETION (BUT, SHOULD SPONSOR PROCEED, SUCH RE-POSTING IS FOR ENTERTAINMENT PURPOSES ONLY AND DOES NOT CONSTITUTE ANY REPRESENTATION OF ELIGIBILITY OR NOTIFICATION OF WINNING THE PRIZE.) Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform, adapt, edit, and/or modify the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
- By entering, entrants (i) acknowledge compliance with these Official Rules, including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor including the judging panel, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. All issues of interpretation to be decided by Sponsor. Decisions of Sponsor are final and binding in all matters. Entrants who have not complied with these Official Rules are subject to disqualification and their Entry will be void.
- Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, corrupted, inaccessible/blocked, or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission (of an Entry) does not constitute proof of delivery or proof of entry. Sponsor’s clock is the official timekeeping device for this Contest.
- Sponsor reserves the right to disqualify any entrant’s Entry in the Contest or eligibility to win the prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
- Prize will be awarded to the individual who submitted the Entry. If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address associated with the Instagram account or Facebook account (as applicable) used to enter the Contest and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to 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 email address.
- As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release Sponsor, Promotion Entities, Facebook, Inc., Instagram, LLC, and each of their officers, directors, employees, and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of the prize or any travel related thereto.
- All issues and questions concerning the construction, validity, interpretation, and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Kentucky without regard to any conflicts of law principles. All entrants consent to the jurisdiction and venue of the courts located the State of Kentucky in Fayette County and, in doing so, waive any right of inconvenient venue, forum non conveniens or the like.
- Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Contest at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Contest. In the event of cancellation/modification/suspension, Sponsor reserves the right to select the winner in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action will be posted on Sponsor’s Instagram page and Sponsor’s Facebook page. In no event will the Sponsor be liable for more than the stated number of prizes.
- Promotion Entities do not warrant that access to the Contest will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications which are failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Contest, the processing of Entries, the offering or announcement of the prize, or in any Instagram posting, Facebook posting, or prize notification documents (including filtering or other operation of the functionality of Instagram, LLC and/or of Facebook, Inc.); or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's computer system or mobile device occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
- Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities will be disqualified (and his/her Entry declared void) and will forfeit any prize won.
- The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal by a court of competent jurisdiction, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein, nor will such determination affect the validity of the balance of these Official Rules.
- Sponsor: Tempur-Pedic International, LLC, 1000 Tempur Way, Lexington, KY 40511.
- Winner’s List: For a copy of the winner’s list, send a self-addressed, stamped envelope to: Tempur-Pedic Father’s Day Winner List Request, Rubin Postaer and Associates, 2525 Colorado Ave., Santa Monica, California 90404. Requests must be received by 07/08/16.