SLEEP OUTFITTERS PILLOW GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL U.S. RESIDENTS OF KY, OH, TN AND WV WHO ARE CURRENTLY ENROLLED IN ONE OF THE SCHOOLS LISTED BELOW, AND WHO ARE 16 YEARS OR OLDER AT THE TIME OF ENTRY; ENTRANTS YOUNGER THAN 18 MUST HAVE PERMISSION FROM THEIR PARENT/LEGAL GUARDIAN PRIOR TO ENTERING THIS SWEEPSTAKES. VOID WHERE PROHIITED AND OUTSIDE THE UNITED STATES. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS, REGULATIONS AND ORDINANCES. These Official Rules include and are subject to an arbitration clause and class action waiver. By participating, you agree to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and are not subject to appeal.
SPONSORED BY: Sleep Outfitters, 1000 Tempur Way, Lexington, KY 40511.
1. SWEEPSTAKES TERM AND DEADLINES: The Sleep Outfitters Pillow Giveaway Sweepstakes (“Sweepstakes”) will be conducted as THREE (3) SEPARATE SWEEPSTAKES with separate start and end dates (“Sweepstakes Periods”), entry periods, drawing schedule, and prizes, with the first Sweepstakes starting on August 19, 2022 at 12:00:01 a.m. Eastern Time (EST) and the last Sweepstakes ending on October 31st, 2022 at 11:59:59 p.m. EST. Each Sweepstakes Period starts on the date indicated at 12:00:01 AM, as set forth in the table below:
|Sweepstakes Number||Entry Period: Dates/Times||Drawing Date||Number of Winners and Notification Dates|
|1||8/19/2022 at 12:00 a.m. EST - 8/31/2022 at 11:59 p.m. EST||9/2/2022||Twelve (12) Winners (one per school, as listed in Section 2, Eligibility), will be selected on 9/2/2022|
|2||9/1/2022 at 12:00 a.m. EST - 9/30/2022 at 11:59 p.m. EST||10/7/2022||Twelve (12) Winners (one per school, as listed in Section 2, Eligibility), will be selected on 10/7/2022|
|3||10/1/2022 at 12:00 a.m. EST - 10/31/2022 at 11:59 p.m. EST||11/4/2022||
Twelve (12) Winners (one per school, as listed in Section 2, Eligibility), will be selected on 11/4/2022
2. ELIGIBILITY: Each Sweepstakes is open to legal U.S. residents of Kentucky, Ohio, Tennessee and West Virginia who are 16 years of age or older in their jurisdiction of residence as of the start date of the applicable Sweepstakes Period (“Entrant”). If you are younger than the age of majority in your state (18 years old throughout all eligible states), you must have permission from your parent or legal guardian prior to entering. An Entrant’s entry into the Sweepstakes will be deemed to be a representation that the Entrant is the age of majority or older in their state of legal residence, and/or, where applicable, that Entrant has permission to enter from Entrant’s parent or legal guardian. All Entrants must be a currently-enrolled student at one of the following twelve (12) schools as of the start date of the applicable Sweepstakes Period: Paul Laurence Dunbar School, in Malabu, KY; Beech High School, in Hendersonville, TN; Riverdale High School, in Murfreesboro, TN; Southern High School in Outer Loop, KY; Carrol High School in Beavercreek, OH; Centennial High School in Arlington Pointe, OH; Tippecanoe High School in Troy, OH; Parkersburg High School in Parkersburg, WV; John Marshall High School in Moundsville, WV; Stow-Munroe Falls High School in Stow, OH; Parkersburg South High School in South Parkersburg, WV; or Washington High School in Massillon, OH. This sweepstakes is not sponsored or endorsed by any of these listed schools, and these listed schools are not affiliated with the sweepstakes in any way. Employees, officers and directors of Sponsor and its parent, subsidiaries, affiliates, authorized agents, retailers, sales representatives, distributors, advertising, promotion, or production agencies, prize providers, Web masters and Web suppliers, and their respective officers, directors, employees, representatives and agents and all individuals (including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns) who have, within the past six months, performed services for such entities, and their IRS dependents, immediate families (parent, child, sibling and spouse) and/or members of their households, whether related or not, are ineligible to participate in each Sweepstakes and are not eligible to enter or win. Winning a prize is contingent upon fulfilling all requirements set forth herein. Non-eligibility will result in disqualification. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding on all matters related to each of the three separate Sweepstakes.
3. HOW TO ENTER: There are two ways to enter the Sweepstakes. By participating in this Sweepstakes, you authorize Sponsor to communicate with you by email. Data and cell phone rates may apply for all Sweepstakes entry methods.
a. To enter the Sweepstakes via QR code, during the Entry Period for each/any Sweepstakes Period, text FOOTBALL to OUTFIT (phone number: 688348) and follow the link received in the response message, or, scan the QR code located on the Sleep Outfitters Game-Day Coupons, which will be distributed during certain football games at the schools listed above in Section 2., Eligibility. Once you have received a reply text message or scanned the QR code, follow the available link and provided instructions to complete and submit an official online entry form (“Entry”), where you will be asked to provide basic contact information and indicate which of the twelve listed schools (provided in Section 2, Eligibility) you currently attend.
b. To enter the Sweepstakes without a QR code, during the Entry Period for each/any Sweepstakes Period, visit https://zfrmz.com/tUF8NuRVUfQZydNMqgIv and follow the instructions to complete and submit an official online entry form (“Entry”), where you will be asked to provide basic contact information and indicate which of the twelve listed schools (provided in Section 2, Eligibility) you currently attend.
LIMIT ONE (1) ENTRY PER PERSON PER DAY DURING EACH SWEEPSTAKES PERIOD. ADDITIONAL ENTRIES OVER THE LIMIT WILL BE DISQUALIFIED. Entries do not roll over to additional or subsequent Sweepstakes. Proof of submission is not proof of receipt by Sponsor. Any attempt at e‑mail or other method of entry is void. You must provide all required information to be eligible to enter and win. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. Automated entries or entries submitted by third parties will be disqualified. Entries must be submitted by the entrant, and with the entrant’s parent or guardian permission, where entrant is a minor. Any attempt by any entrant to obtain more than the stated number of entries by using multiple and/or different identities, registrations, email addresses, logins, or any other methods will void that entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. In the event of a dispute as to any entry submission, the authorized account holder of the email address used to submit an entry 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4. PRIZES: There will be one (1) prize winner selected from each of the twelve (12) listed schools in Section 2., Eligibility, per Sweepstakes Period, for a total of twelve (12) prizes per Sweepstakes, and thirty six (36) prizes total throughout all three (3) Sweepstakes listed in Table 1. Each individual prize winner will receive one (1) TEMPUR-Cloud® Pillow. Approximate Retail Value (“ARV”) of each prize is $79. Total ARV of all prizes, throughout all three (3) Sweepstakes listed in Table 1: $2,844.
PRIZE RESTRICTIONS: Limit one (1) prize per person and per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prizes are non-transferable, non-assignable, and not redeemable for cash. Sponsor reserves the right to substitute a prize of equivalent monetary value if a prize cannot be awarded as described. Sponsor will not replace any lost or stolen prizes. No more than the stated number of prizes will be awarded.
5. WINNER SELECTION: A random drawing will be conducted for each Sweepstakes on the dates and for the number of winners listed in Table 1 from all eligible entries received for the applicable Sweepstakes during each of the three (3) Sweepstakes Periods. Odds of winning depend upon the number of eligible entries received during the Entry Period(s) for the Sweepstakes. Prize drawings will be conducted by the Sponsor, whose decisions shall be final and binding. The provisional winners will be notified by email. Provisional winners must respond to such notification within 72 hours after the notification is sent or an alternate provisional winner may be selected from the remaining eligible entries. In the event that an alternate winner is not eligible or fails to accept the prize or an insufficient number of entries is received to award any prize, the Sponsors may use or award the prize in any manner they deem fit. All provisional winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until eligibility has been verified and entrant has been notified that verification is complete.
6. GENERAL: Each Sweepstakes shall be construed only according to U.S. laws. Each Sweepstakes shall be governed by the laws of Florida without regard to its conflict of laws provision. Government employees that win a prize may be subject to ethics and gift rules of their jurisdiction. Sponsor’s computer is the official time-keeping device for each Sweepstakes. All entries become the sole property of Sponsor and receipt of entries may not be acknowledged. No mechanically reproduced or photocopied entries will be accepted. Lost, illegible, or incomplete entries will be deemed ineligible and disqualified. The Sponsor and its parent, subsidiaries, affiliates, directors, officers, employees and agents (collectively, the “Sweepstakes Entities”) are not responsible for late, lost, incomplete, misdirected, stolen, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender or by any of the equipment or programming associated with or utilized in each Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in each Sweepstakes or other failures of any sort, fire, epidemic, explosion, act of God, riot or civil disturbance, war, terrorist threat or activity, any federal, state or local government law, or any other cause not reasonably within Sponsors’ control. If, for any reason (including, without limitation, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, printing or production errors or any other cause beyond reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of any Sweepstakes), any Sweepstakes is not capable of being conducted as described in these Official Rules, the Sweepstakes Entities shall have the right, at their sole discretion, to cancel, terminate, modify or suspend that Sweepstakes, and select the prize winners from the eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by the Sweepstakes Entities. The Sweepstakes Entities may, in their sole discretion, cancel any Sweepstakes listed in Table 1 above prior to the commencement of the applicable Sweepstakes Period.
7. LIMITATIONS ON LIABILITY AND RELEASE/INDEMNIFICATION: BY ENTERING A SWEEPSTAKES, YOU, AND YOUR PARENT OR LEGAL GUARDIAN, IF YOU ARE A MINOR, AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY THE DECISIONS OF THE SWEEPSTAKES ENTITIES, WHICH SHALL BE FINAL AND BINDING. BY ACCEPTING A PRIZE, YOU HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM ANY LIABILITY, LOSS, DAMAGES OR CAUSES OF ACTION INCURRED (HOWEVER NAMED OR DESCRIBED) WITH RESPECT TO OR ARISING OUT OF EITHER (I) ENTRANTS’ PARTICIPATION IN THE SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY; OR (II) THE RECEIPT, POSSESSION, OR USE OR MISUSE OF THE PRIZES AWARDED IN THE PROMOTION, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH, OR CLAIMS BASED ON DEFAMATION, RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY OR MERCHANDISE DELIVERY. WINNERS AND/OR WINNER’S PARENT OR LEGAL GUARDIAN AGREE TO SIGN A DOCUMENT TO THIS EFFECT PRIOR TO RECEIVING THEIR PRIZE. IN NO EVENT WILL SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SWEEPSTAKES ADMINISTRATOR, OR THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. PUBLICITY: By accepting a prize, the winner, or the winner’s parent or legal guardian, if winner is a minor, grants to the Sponsor the right to use winner's name, likeness, image, voice, hometown, and biographical information in advertising, trade and promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. Winner, or, where applicable, Winner’s parent or legal guardian, will be required to complete, sign and return an Affidavit of Eligibility and Publicity/Liability Release prior to the winner’s receipt of the prize or the prize may be forfeited and awarded to an alternate winner.
10. DISPUTES: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
11. CHOICE OF LAW: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Hillsborough County, Florida.
13. WINNERS LIST AND OFFICIAL RULES: Names of winners (first name, last initial, city/ state) for each sweepstakes promotion are available by sending an e-mail to email@example.com. Be sure to include PILLOW GIVEAWAY WINNERS and the start and end dates of the sweepstakes promotion you are inquiring about in the subject line. Winners’ list requests must be received within three (3) weeks after the end date of a given sweepstakes promotion (at 5:00 p.m. Eastern Time).
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