THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR ANY OTHER SOCIAL MEDIA PLATFORM. BY PARTICIPATING, YOU UNDERSTAND THAT YOU ARE PROVIDING INFORMATION TO THE SPONSOR AND ADMINISTRATOR, AND NOT TO FACEBOOK; AND RELEASE FACEBOOK FROM ANY AND ALL LIABILITY. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE PROMOTION MUST BE DIRECTED TO THE SPONSOR AND ADMINISTRATOR AND NOT TO FACEBOOK.
NO PURCHASE NECESSARY: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, PARTICIPATE, VOTE OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: The Get Your Yawn On Sensational Sleep Giveaway (“Promotion”), is sponsored by Home Mattress Center, 4416 Kirkwood Highway, Wilmington, DE 19808 (“Sponsor”), and is administered by Integrated Marketing Solutions, Airport Business Complex, 10 Industrial Highway, MS-58, Philadelphia, PA 19113 (“Administrator”).
ELIGIBILITY: The Promotion is open only to legal residents of Delaware, Pennsylvania, Maryland, and New Jersey, who are 18 years of age or older at the time of entry, and who choose to participate and enter via any of the methods outlined below. Residents of all other states (including, but not limited to, Florida, New York and Rhode Island) are expressly excluded from participating in this Promotion. Employees of the Sponsor, Administrator, and any of their respective parent companies, subsidiaries and affiliates, distributors, dealerships and companies involved in the implementation and execution of the Promotion (collectively “Promotion Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Promotion. Grand Prize, Second Prize and Third Prize Winners of the Home Mattress Center Bed Head Selfie Dream Mattress Giveaway promotion (BHS Top Winners) and their Immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household as BHS Top Winners are ineligible to participate in the Get Your Yawn On Sensational Sleep Givweaway Promotion. The Promotion is void where prohibited by law.
AGREEMENT TO OFFICIAL RULES: By participating in the Promotion, Entrants (defined below) fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. The award of a prize is contingent upon Entrant complying with all conditions and requirements set forth herein.
PROMOTIONAL PERIOD: The Promotion begins on Monday, April 30th, 2018 at 6:00AM Eastern Time (“ET”) and ends on Friday June 8th, 2018 at 9:00PM Eastern Time (the “Promotional Period”).
HOW TO BECOME A PARTICIPATING CONTESTANT AND ENTER THE PROMOTION: You may enter the Promotion to become a participating contestant (“Entrant”) with a chance to win a Mattress or other prizes through Facebook, or by entering in person at one of the Sponsor’s store location. To enter through Facebook you must upload a photo featuring how you look when you "Get Your Yawn On". Too shy to post a photo of yourself? No problem – snap a shot showing your significant other, your adorable child… heck even your perpetually sleepy cat or dog getting their yawn on. Upload it, and enter for a chance to win. The methods of entry are as follows:
(a) Facebook. To enter through Facebook, you must:
(iv) Upload your Photo.
(iii) Follow the on-screen instructions to complete and submit an entry form in its entirety (“Entry Form”), accept the terms and conditions of the Official Rules, and confirm you are 18 years of age or older at the time of entry.
(ii) Once you access the Sponsor’s Facebook page, locate the tab labeled “ #GetYourYawnOn Contest ”, click the tab to visit the “ENTER & VOTE” page.
(i) Visit the Sponsor’s Facebook page, located at: https://www.facebook.com/homemattresscenter, (the “Promotion Facebook Page”), during the Promotional Period and complete the steps for entry. Entering through Facebook requires that you have a valid Facebook account. If you do not already have a Facebook account, go to Facebook.com and register for a free account.
(b) Enter in Person: To enter in person, during the Promotional Period, you must visit one of the Sponsor’s mattress showroom locations during regular business hours, complete an Entry Form, and submit your in-store entry. The Sponsor’s locations are as follows:
(ii) Home Mattress Center, 770 Peoples Plaza, Newark, DE 19702
(i) Home Mattress Center, 4416 Kirkwood Highway, Wilmington, DE 19808
ENTRY CONDITIONS: Each person completing the entry process, whether through Facebook or by entering in person at one of the Sponsor’s business locations, (each an “Entry” and collectively, the “Entries”), will be entered into the Promotion. Entries must be submitted during the Promotional Period to be eligible for the Promotion. Participation in the Promotion is voluntary and does not require you to purchase anything from the Sponsor. In the event of a dispute over the identity of an online Entrant, the Entry will be deemed submitted by the authorized account holder of the Facebook account, or email account associated with the Entry. Neither Sponsor, nor any service provider is responsible for incorrect transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected entries or entries not properly forwarded to Sponsor. By using Facebook to enter, Entrant also agrees to abide by the following: (a) Facebook’s Terms of Service located at https://www.facebook.com/legal/terms.
HOW TO BECOME A VOTER AND VOTE FOR ENTRANTS IN THE PROMOTION: To vote for a participating contestant “Entrant” in the Get Your Yawn On promotion you must have a valid Facebook account and register to be able to vote (become a “Voter”). If you do not have a valid Facebook account, one can be created for free at http://www.facebook.com. To become a Voter, login to Facebook and go to www.facebook.com/HomeMattressCenter (the “Page”), access the #GetYourYwanOn contest tab and complete the registration form.
VOTING: During the Promotional Period, each Photo uploaded into Facebook or posted will be available for voting through the Get Your Yawn On Facebook Application, which is accessible through the Sponsor’s Promotional Facebook Page. The voting period for the Promotion begins on Monday April 30th 2018 at 6:00AM Eastern Time (“ET”) and ends on Friday June 8th at 9:00PM ET (the “Voting Period”). Administrator’s computer is the official time-keeping device for the Voting Period. To vote, voters must login through the voter’s Facebook account and go to the Promotional Facebook Page. If not already a member of Facebook, you may register for a free Facebook account. Once on the Promotional Facebook Page, a voter must go to the #GetYourYawnOn contest tab and follow the instructions to register to vote. Voting is limited to: one vote per valid email address per day throughout the Voting Period, and requires voters to have a Facebook account. Entrants are strictly prohibited from offering compensation, in any form whatsoever - including monetary or otherwise, in exchange for votes. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant determined to be soliciting votes through an offer of compensation. Entrants, however, may request votes from friends, online and offline communities, Facebook groups or similar social media communication mechanism; provided that the Entrant does not offer or provide any compensation, monetary or otherwise, as part of the request. If it is determined that attempts were made by any individual Entrant, Voter or intermediary to use (or attempt to use) any automated, script, macro, robotic, third party voting APP or other program(s) to generate votes, or to use fraudulent or temporary email addresses, or to cast additional votes in excess of the stated limitation, in a manner that the Sponsor deems in its sole and absolute discretion to violate the letter and spirit of this Promotion, those actions may result in the disqualification of the votes and/or Entrant to which such votes relate.
IN-STORE YAWN MISSION BONUS VOTES: While individual votes may be cast once per day per Facebook account during the Promotional Period, “Bonus Votes” may also be generated for individual Entrants as follows:
a. Visit any Sponsor store location.
b. Check in and register the name of the contestant you’d like your bonus votes to be assigned to.
c. Take a “Test Rest” on any mattress floor model on display.
d. Snap an in-store “Test Rest Selfie”
e. Post your in-store Selfie to your personal Facebook page and tag Home Mattress Center, plus include the hashtag #GetYourYawnOn. OR - email your in-store Selfie to: email@example.com
Each qualifying in-store Selfie confirmed with a check-in and posting or emailing of selfie validated by promotion Administrators will award an additional 25 votes to the contestant designated by your check in. To qualify, store visitor must be 18 years of age or older, a resident of Delaware, Pennsylvania, Maryland and New Jersey, have an active and valid Facebook account or email address. Limit one bonus vote opportunity per person.
WINNER SELECTION: Ten (10) total Winner(s) will be determined solely by valid vote count as tracked by the Get Your Yawn On Contest APP at https://www.facebook.com/homemattresscenter/ during the promotional period, as follows:
Grand Prize Winner: One (1) Entrant with the highest vote count at the conclusion of the promotional period, will be designated as Grand Prize Winner
Second Prize Winner: One (1) Entrant with the second (2nd) highest vote count at the conclusion of the promotional period will be designated as the Winner of One (1) Second Prize.
Third Prize Winner: One (1) Entrant with the third (3rd) highest vote count at the conclusion of the promotional period will be designated as the Winner of One (1) Third Prize.
Runner-Up Prize Winners: Seven (7) Entrants with the Fourth (4th) through Thirteenth (13th) highest vote count at the conclusion of the promotional period will each be designated as one individual Winner of One (1) Runner-Up Prize.
WINNER NOTIFICATION: At the conclusion of the promotional period on Friday, June 8th, 2018 at 9:00PM ET, the winners will be determined based upon valid vote count. Winners will be notified by email sent to the email address used to register each winning participant in the promotion on Monday June 11th 2018. Each entrant is responsible for monitoring her/his email account for prize notification and responding to confirm that they accept the prize conditions as outline in the Official Rules (see Prize Conditions below). If a potential prizewinner cannot be reached by Administrators within seven (7) days using the contact information provided at the time of entry, or if a prize winner opts not to accept the Prize Conditions (see Prize Conditions below), that potential prize winner shall forfeit the prize. Upon the request of the Sponsor, the potential winner may be required to confirm Eligibility, sign a Release and Prize Acceptance Form and complete an IRS W-9 form if value of prize exceeds $600. If a potential winner fails to comply with these official rules, that potential winner will be disqualified.
ANNOUNCEMENT OF WINNERS: After completion of the Winner Notification process, and following confirmation that all winners qualify and accept Prize Conditions, the Winners will be announced on the Sponsor Facebook Page at https://www.facebook.com/homemattresscenter/
ODDS OF WINNING: The odds of winning a prize in this Promotion depend upon the total number of Entrants participating, and the total number of valid votes received during the Promotional Period.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): The following prizes (each a “Prize” and collectively, the “Prizes”) will be awarded in this Promotion:
i. Grand Prize. One (1) grand prize (“Grand Prize”) of One (1) Free Stearns & Foster Reserve No. 2 Pillowtop Queen Mattress will be awarded to the Grand Prize Winner. The Average Retail Value (“ARV”) of the Grand Prize is $3,420 Total Value.
ii. Second Prize. One (1) second prize (“Second Prize”) of One (1) Sealy Posturepedic® Hybrid M1 Cobalt Firm Queen Mattress. The Average Retail Value (“ARV”) of the Grand Prize is $1,249 Total Value
Mattress Set will be awarded to the Second Prize Winner. The ARV of the Second Prize is $1,599.
iii. Third Prize. One (1) third prize (“Third Prize”) of One (1) Sealy Response Performance™ Merriment Firm Mattress will be awarded to the Third Prize Winner. The ARV of the Third Prize is $649.
iv. Runner-Up Prize. Ten (10) Runner-up prizes (“Runner-up Prize”) of One (1) MLily Harmony Gel Memory Foam Pillow will be awarded to each of the Ten (10) Runner-up Prize Winners. The ARV of each Runner-up Prize is $49.
PRIZE CONDITIONS: All costs associated with acceptance or use of a Prize, are the sole responsibility of the winner. Each Winner is responsible for all applicable federal, state and local taxes incurred by winning the Prize. Sponsor will issue an IRS Form 1099 to the Grand Prize Winner, Second Prize Winner, and Third Prize Winner as required by law to report the value of the prizes received. The Grand Prize Winner, Second Prize Winner and Third Prize Winner will be required to provide his/her social security number for income-tax reporting purposes. A winner may waive his/her right to receive a Prize. A Prize is non-transferable, non-exchangeable, non-refundable and has no cash value, and must be accepted by the winner as awarded. A prize may not be upgraded, and no substitutions by the winner will be allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should be unavailable for any reason. Prizes carry no warranty other than that offered by manufacturers.
PRIVACY: Any personally identifiable information collected during an Entrant’s or Voter’s participation (“Participant”) in the Promotion will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules.
PUBLICITY RIGHTS: Participation in the Promotion as an Entrant or Voter shall constitute and signify the Participant’s agreement and consent that Sponsor, Administrator and their designees may use the Participant’s name, city, state, likeness, photo, and/or other information in connection with the Promotion, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
GENERAL: All federal, state and local laws and regulations apply. By participating in this Promotion, each Entrant, voter, Finalist and winner agrees: (i) to be bound by these Official Rules; (ii) to be bound by Sponsor’ and Administrator’s decisions, which are final and binding in all matters relating to the Promotion; (iii) to be bound by all applicable laws; and (iv) to waive any rights to claim ambiguity with respect to these Official Rules. If any provision of these Official Rules, or any word, phrase, clause, sentence, or portion thereof should be held unenforceable or invalid for any reason, then that provision, word, phrase, clause, sentence, or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable.
WINNERS LIST: Individuals wanting a list of Promotion Winners should print his/her name and address on a stamped business-sized envelope and mail it in an envelope to: Winners List, Get Your Yawn On Promotion, IMSolutions, Airport Business Complex, 10 Industrial Highway, MS58, Philadelphia, PA 19113. Requests must be received by June 21st, 2018
LIMITATION OF LIABILITY: BY ENTERING THIS PROMOTION, EACH ENTRANT FOREVER DISCHARGES AND HOLDS HARMLESS THE SPONSOR, ADMINISTRATOR AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, SUITS, AND DEMANDS OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE PROMOTION, INCLUDING, WITHOUT LIMITATION, RESPONSIBILITY FOR PROPERTY DAMAGE, LOSS OF LIFE, OR PERSONAL INJURY OR DEATH RESULTING FROM OR IN CONNECTION WITH PARTICIPATING IN THE PROMOTION OR FROM OR IN CONNECTION WITH THE USE OR RECEIPT OF THE GRAND PRIZE, HOWEVER CAUSED. ALL WINNERS ACKNOWLEDGE THAT PRIZES ARE AWARDED AS-IS. PROMOTION ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NON-INFRINGEMENT AS REGARDS TO ANY OF THE PRIZES AWARDED IN ASSOCIATION WITH THIS PROMOTION. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
WAIVER AND RELEASE: By participating in this Promotion, each Entrant, Voter and Participant and/or winner agrees to waive their rights, release and hold harmless Home Mattress Center, Integrated Marketing Solutions, LLC, Facebook, Wishpond and each of their respective parent companies, subsidiaries, affiliates, agents, advertising and promotion agencies, distributors, retailers, and web development companies and any other companies participating in the design, administration or fulfillment of this Promotion, and the officers, governors, directors, agents, and employees of each of these entities (collectively, the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), and costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Participant’s participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, participation in promotion-related events (e) any interruptions, postponement, cancellation, or modification of the Promotion, (f) human error, (g) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (h) any technical malfunctions or unavailability of the Promotional Facebook Pages, or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Promotion Entities or by any winner, (i) interruption or inability to access the Promotion, the Promotion Facebook Pages, any other Promotion-related websites, or any online service via the Internet due to hardware or software compatibility problems, (j) any damage to a Participant, Entrant and/or winner’s (or any third person’s) computer and/or its contents related to, or resulting from, any part of the Promotion, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any wrongful, negligent, or unauthorized act or omission on the part of any of the Promotion Entities, or any of their agents or employees. Caution: Any attempt by an Entrant or any other individual to deliberately damage or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law.
DISPUTES: THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW CASTLE COUNTY, DELAWARE. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN DELAWARE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION WILL BE CONDUCTED IN CASTLE COUNTY, DELAWARE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. WINNERS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
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