*NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
1. ELIGIBILITY: The #GetOutOfMyBedPlease Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions who are at least eighteen (18) years of age or older as of September 9, 2014 and have an Instagram and/or Facebook account. All employees of Serta Inc. (“Sponsor”) and Creative Skirt LLC d/b/a Mommy Shorts (“Host”) and their affiliates, sales representatives, licensees or agents (all of the foregoing, collectively, “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these “Official Rules”.
2. SWEEPSTAKES PERIOD: The Sweepstakes period begins at 12:01 a.m. Eastern Daylight Saving Time (EDT) on September 9, 2014 and ends at 6:00 p.m. EDT on September 30, 2014. (the “Sweepstakes Period”).
3. SWEEPSTAKES ENTRY INSTRUCTIONS: To enter the Sweepstakes each entrant must:
1) Post a picture with your family member(s) which can be your husband, partner, daughter(s), son(s) or pet(s) that shows that your family member(s) are hogging your bed on Instagram through your Instagram account or on the Mommy Shorts Facebook page through your Facebook account using the hashtag #GetOutOfMyBedPlease (Qualifying Picture”);
2) Each entrant must follow both Host (@MommyShorts) and Sponsor (@Serta) on Instagram or Facebook for the duration of the Sweepstakes Period; and
3) Each entrant must also tag the Host (@MommyShorts) and the Sponsor (@Serta) for all Instagram submissions for the duration of the Sweepstakes Period.
Once entrant completes 1), 2) and 3) above entrant will receive one (1) entry (“Entry” or collectively “Entries”). Entrants may enter the Sweepstakes multiple times.
A Winner must continue with 2) and 3) above from the time such Entry is submitted to the time the Winner is selected, in addition to agreeing to these Official Rules, to qualify for a Prize.
Host is responsible for managing participant entries, the selection and organization of those entries, and the appropriateness of content entered into the Sweepstakes. Sponsor and Host are not responsible for any lost, late, undeliverable or undelivered entries.
By submitting a Qualifying Picture, entrant is acknowledging and confirming that entrant is authorized to, or has obtained the authorization of all individuals within the Qualifying Picture to, post such Qualifying Picture.
4. AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor and Host’s decisions which are final and binding in all matters related to the Sweepstakes. Winning the prize (described below) is contingent upon fulfilling all requirements set forth herein.
5. SELECTION OF WINNERS:
Twenty (20) finalists will be chosen by Host from all eligible Entries submitted during the Sweepstakes Period. Of the Twenty (20) finalists, the Entry which receives the most number of votes by readers of Host will become the Grand Prize Winner (“Winner”) and the two entries with the second most and third most votes will become the Secondary Prize Winners. All Winners will be announced on October 1, 2014 at 9:00 a.m. EDT.
One (1) Grand Prize Winner will be selected at the end of the Sweepstakes Period from the Entries properly submitted throughout the Sweepstakes Period based on most number of votes by readers. Two (2) Secondary Prize Winner(s) (“Secondary Prize Winner(s)”) will be selected at the end of the Sweepstakes Period from the Entries properly submitted throughout the Sweepstakes Period based on most number of votes by readers. Odds of winning are dependent upon the number of eligible Entries received during the Sweepstakes Period.
One (1) Grand Prize Winner will receive the following prize (“Grand Prize”):
- One (1) iComfort mattress set from the new 2014 “EverFeel” collection with
One (1) Motion Custom Adjustable Foundation, Queen Size Or equal value to be applied towards One (1) King Size Serta iComfort mattress and One (1) Serta base. Approximate Retail Value: $5000
Two (2) Secondary Prize Winner(s) will receive the following prize (“Secondary Prize Winner(s)”):
- Two (2) iComfort® Renewal Refined™ Pillow
- One (1) Sleep to Go™ Luxury Fleece Blanket
- One (1) iComfort Luxury Sheet Set Queen or King
- One (1) Serta Sheep Toy
- Approximate Retail Value: $461
Total Approximate Retail Value of all prizes: $5922
Host will announce all Grand Prize Winner and Secondary Prize Winner(s) in a blog post on October 1, 2014 and Grand Prize Winners and Secondary Prize Winner(s) will be contacted at the end of the Sweepstakes Period. Sponsor or Host will contact each of the Grand Prize Winner and Secondary Prize Winner(s) through their respective Instagram or Facebook accounts. Grand Prize Winner and Secondary Prize Winner(s) have seven (7) calendar days in which to reply to Sponsor or Host to claim the Prize. Participants can view the announced Grand Prize Winner when the announcement has been made on digital and social media channels owned by the Host on October 1, 2014. Participants can view the announced Secondary Prize Winner(s) when the announcement has been made on digital and social media channels owned by the Host on October 1, 2014. If the selected Grand Prize Winner and Secondary Prize Winner(s) cannot be contacted during such time or if there is a return of any notification as undeliverable; then the selected Grand Prize Winner and Secondary Prize Winner(s) will be disqualified (and will forfeit all rights to his/her respective Prize) and the Host or Sponsor reserves the right, in their sole and absolute discretion, to select an alternate eligible Grand Prize Winner and Secondary Prize Winner(s) from among the remaining eligible entries (in which case the forgoing provisions of this section shall apply to such new selected Grand Prize Winner and Secondary Prize Winner(s)). Grand Prize Winner and Secondary Prize Winner(s) will be sent an acceptance package to be completed and returned to Host. The Grand Prize Winner and Secondary Prize Winner(s) will receive the acceptance package via e-mail. The Grand Prize Winner and Secondary Prize Winner(s) will have seven (7) days from the date such acceptance package is received to claim his/her Prize by completing and returning, the Affidavit of Eligibility/ Publicity/Liability Release, and the US IRS Form W-9, if applicable. If the Grand Prize Winner and Secondary Prize Winner(s) cannot be contacted, provides incorrect e-mail, is ineligible, does not comply with these Official Rules, fails to claim the Prize, fails to return the completed and executed forms as required, or if the Grand Prize or Secondary Prize notification or Grand Prize or Secondary Prize is returned as undeliverable, an alternate eligible Winner may, in Sponsor’s sole discretion, be selected. Sponsor’s and Host’s decisions shall be final in all matters pertaining to this Sweepstakes. A PARTICIPANT IS NOT A WINNER OF THE GRAND PRIZE OR SECONDARY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
Grand Prize Winner and Secondary Prize Winner(s) are responsible for any and all applicable federal, state or local taxes that may result from the receipt of any Grand Prize or Secondary Prize(s). Grand Prizes or Secondary Prize(s) are non-refundable, nontransferable, and may not be redeemed or substituted for cash. Host and Sponsor reserve the right to substitute any Grand Prizes or Secondary Prize(s) with another prize of equal or greater value. Prize fulfillment is subject to completion of valid W9 (if applicable) and affidavit, which will be collected by Host.
7. USE OF GRAND PRIZE WINNER’S LIKENESS; WAIVER AND RELEASE; INDEMNITY FROM USE: Except where prohibited by law, by accepting the Grand Prize or Secondary Prize(s), each Grand Prize Winner and Secondary Prize Winner(s) grants the Host a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Grand Prize Winner or Secondary Prize Winner(s) name, city, state, biographical material, picture/portrait likeness and/or voice, including the Qualifying Picture (collectively, “Licensed Rights”) in any media now known or hereafter devised for advertising and publicity purposes, without additional review, compensation, permission or approval of any Grand Prize Winner or Secondary Prize Winner(s). Grand Prize Winner and Secondary Prize Winner(s) agree that the Sponsor and the Host shall have no liability whatsoever for, and the Grand Prize Winner and Secondary Prize Winner(s) will defend and hold harmless Sponsor and Host, from any liability resulting from any injury, loss or damages of any kind to persons, including death, and property, or the posting of a any picture, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Grand Prize) or Secondary Prize(s) or participation in this Sweepstakes. All entries become the sole property of Host and none will be returned. In the event of a dispute, Entries will be deemed made by the authorized account holder of the Instagram or Facebook account submitted at the time of Entry. The “authorized account holder” is deemed the natural person who is assigned to the email address associated with each account. The eligible Grand Prize Winner and Secondary Prize Winner(s) may be requested to provide Sponsor and Host with proof that the eligible Grand Prize Winner or Secondary Prize Winner(s) is the authorized account holder of the I email address account associated with the winning Entry.
8. LIMITATION OF LIABILITY; WAIVER; GENERAL INDEMNIFICATION: By participating in the Sweepstakes, each entrant agrees to fully release, forever discharge, hold harmless and indemnify Sponsor, Host, Instagram, Facebook and their respective parent companies, subsidiaries, affiliates, franchisees, licensees, and the officers, directors, employees, agents, representatives, and assigns of all the foregoing companies (collectively, the “Sweepstakes Indemnitees”) from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees), damages, losses, injuries, and liabilities (including settlements), brought or asserted by Winner or any third party against any of the Sweepstakes Indemnitees due to or arising out of: (a) the entrant’s submission in this Sweepstakes; (b) the entrant’s conduct during and in connection with this Sweepstakes, including but not limited to any claims of infringement of any trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation; (c) the quality receipt, possession, use or misuse of any prize; or (3) any travel or activity that is related to the Sweepstakes or any prize.
No liability or responsibility is assumed by Sponsor or Host resulting from any entrant’s participation in or attempt to participate in the Sweepstakes or ability or inability to upload, or download any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by Sponsor or Host for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Sponsor web site, Host web site, Instagram or Facebook (collectively the “Web Sites”) in whole or in part for any reason; traffic congestion on the internet or the Web Sites; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes. Sponsor and the Host reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor and the Host are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of the Winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Host are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s the Host’s control (each a “Force Majeure” event) the Sponsor and the Host shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or the Host, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and the Host reserve the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. 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, 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. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor and Host reserve the right in their respective sole discretions, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes and award the prize from among all eligible entries received prior to cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND HOST RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. GOVERNING LAW AND JURISDICTION: Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of New York. Except where prohibited, by participating in this Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, 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 Sweepstakes 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.
10. WINNER LIST: To receive the name of the Grand Prize Winner and the Secondary Prize Winners, send a self-addressed stamped envelope to: Host, Attn: Ilana Wiles, Mommy Shorts, 24 West 12th Street, New York, NY,10003
12. HOST: The Host of the Sweepstakes is Mommy Shorts, c/o Ilana Wiles, 24 West 12th Street, New York, NY10003
13. SPONSOR: The Sponsor of this Sweepstakes is Serta Inc with offices located at 2600 Forbs Avenue, Hoffman Estates, IL 60192.