The iComfort Twit Pic Challenge - Official Rules
“THE AUGUST 5, 2011, iCOMFORT® REST TEST PHOTO TWITTER GIVEAWAY” OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A SERTA PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
SPONSOR: The August 5, 2011, iComfort Rest Test Photo Twitter Giveaway from Serta (“Giveaway”) is sponsored by Serta Inc., 2600 Forbs Avenue, Hoffman Estates, IL 60192 (“Sponsor”). The Giveaway is in no way sponsored, endorsed, administered by, or associated with Twitter, Inc. All inquiries, questions, comments, or complaints should be directed to Sponsor, not Twitter, Inc.
GIVEAWAY PERIOD. Giveaway begins at 12:01:00 a.m. Central Daylight Time (“CDT”) on August 5, 2011 and ends at 11:59:59 p.m. CDT on August 11, 2011 (the “Giveaway Closing Date”).
ELIGIBILITY. Legal residents of the 50 United States, and the District of Columbia and Canada (excluding residents of Quebec), who are the age of majority or older are eligible to enter, except employees of Sponsor, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address.
ENTRY. To enter the Giveaway, become a follower of @SertaMattresses on Twitter and take an “iComfort Rest Test” in a bedding gallery at a participating iComfort retail location (see www.serta.com for participating retailers). Take a photo of your Rest Test and then share the photo via Twitter. Your tweet should include the photo, the name and city of the iComfort retail location, the @SertaMattresses address, and the #iComfort hashtag (“Entry”). Limit one (1) Entry per person. Any person found to be using found to use multiple accounts to enter the Giveaway will be declared ineligible to win.
Entries may only be submitted during the Giveaway Period. The Giveaway computer, as determined by Sponsor in its sole discretion, is the official time keeping device for the Giveaway. Entries become the property of Sponsor and will not be acknowledged or returned. Any Entries received after the Giveaway Closing Date will not be eligible to win.
Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant; (ii) may not have been submitted to any other competition run by a party other than Sponsor; (iii) may not have been selected as a winning entry in any other competition run by Sponsor; (iv) may not have been published; (v) may not infringe upon any third party's rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (vi) may not violate any law, rule or regulation; (vii) may not contain any virus, bugs, or other deleterious material; and (viii) may not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group. Each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the entrant to disqualification in Sponsor’s sole discretion.
DRAWING. A random draw will be held on or about August 12, 2011, (the “Draw Date”) at a location designated by Sponsor from among all eligible entries received by the Giveaway Closing Date. Potential winners will be contacted via Twitter to the user name on the Entry within five (5) business days of the Draw Date. If a potential winner cannot be reached within five (5) business days of the Draw Date then he/she will be disqualified and another entrant will be randomly selected until such time as contact is made with a selected entrant or there are no more eligible Entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
In addition to the above, in the event a Canadian resident is a potential winner, he/she must first correctly answer, unaided and without mechanical or electronic assistance a time-limited testing question administered by email or telephone. Failure of a Canadian potential winner to correctly answer the skill-testing question in the time allotted will result in a disqualification. In the event a potential winner is disqualified, he/she shall forfeit his/her prize and another entrant will be randomly selected until such time as contact is made with a selected entrant or there are no more eligible Entries, whichever comes first.
ODDS. Odds of winning depend on the total number of eligible Entries received during the Giveaway Period.
PRIZES. One (1) Grand Prize Winner will receive an iComfort Sleep System including a mattress and mattress foundation. Grand Prize includes delivery to Winner’s home. The Grand Prize may be awarded through a gift card/gift certificate or voucher to a retailer near the Winner’s residence. Approximate Retail Value (“ARV”) of Grand Prize: $5,000. Any difference between the stated ARV and actual value, if any, will not be awarded. All federal, state and local taxes and all other costs and expenses associated with the acceptance and use of a prize not specifically set forth herein as being provided is the responsibility of the winner. Total value of all prizes is approximately $5,000.
If the Grand Prize Winner bought a new iComfort Sleep System by Serta during the Giveaway Period, Sponsor will refund the amount paid by the Winner up to $4,500 (including delivery charge). Winner must provide Sponsor with proof of purchase and delivery charges.
LIMITATIONS ON PRIZES. One prize per entrant. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsor will determine all elements of prizes in its sole discretion. Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor.
PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. HOWEVER, ALL SERTA MATTRESSES WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE SERTA LIMITED WARRANTY AS SET FORTH ON SPONSOR’S WEB SITE, WWW.SERTA.COM. SPONSOR DISCLAIMS ALL AND ANY LIABILITY FOR THE ACTUAL PROVISION, QUALITY OR NATURE OF ANY THIRD PARTY PRODUCT OR SERVICE ACCEPTED BY THE WINNERS.
The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules. Entrants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Giveaway and acceptance, possession and use of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the giveaway or in the announcement of the prizes. Decisions of Sponsor are final and binding in all respects.
DISPUTE RESOLUTION. Except where prohibited, by participating in the Giveaway entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Giveaway, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Illinois and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Giveaway, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Giveaway but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
OTHER. Sponsor assumes no responsibility for entries it is unable to process due to network, hardware or other technical failures, or any other reason, or incomplete, damaged, misdirected, illegible, stolen or lost entries. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise, in violation of the rules. CAUTION: Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law.
Sponsor reserves the right to disqualify any non-conforming entries. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsor reserves the right to select Winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the giveaway is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of an established e-mail account associated with the entry. “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 (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
GENERAL. Except where prohibited by law: (i) entry constitutes permission and a license to use entrant’s submission in tweets, in advertising and on web sites including Sponsor’s web site and Facebook Fan Website; (ii) entry constitutes permission to use each Winner's name, hometown, voice, likeness, photograph and any statements regarding this Giveaway for editorial, public relations, promotional and advertising purposes on behalf of Sponsor without compensation; and (iii) potential Winners will be required to complete and return an Affidavit of Eligibility And Ownership, Publicity and Liability Release, and Copyright Assignment Form (“Affidavit, Release, and Assignment”) within ten (10) days of notification or another Entry will be randomly selected to become an alternate Winner. Delivery of the prizes will be coordinated with each Winner by the Sponsor, upon receipt of the Affidavit, Release, and Assignment.
If Winner notification is returned as undeliverable, another Entry will be randomly selected to become an alternate Winner. By participating and winning a prize, Winners release Twitter, Inc., Sponsor, and its parents, affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents from any and all liability with respect to the prize won and participation in the Giveaway, subject to all federal, state, provincial and local laws and regulations. Void where prohibited. Taxes on prizes are sole responsibility of Winners. For Winners’ names, available after August 19, 2011, send a separate, self-addressed, stamped envelope to Serta International, 2600 Forbs Avenue, Hoffman Estates, IL 60192 Attn: August 5, 2011, iComfort Rest Test Photo Twitter Giveaway Winners. VT residents may omit return postage. Requests must be received no later than October 15, 2011.
SERTA® and iCOMFORT® are registered trademarks of Serta, Inc. TWITTER® is a registered trademark of Twitter, Inc.