BEDDY’S® PROMOTION OFFICIAL RULES

THIS PROMOTION IS A SKILL-BASED COMPETITION.

  1. contain a video sharing, describing, demonstrating, or otherwise conveying your story of why you love Beddy’s®;
  1. not exceed 180 seconds in duration (however, if your Video Entry exceeds 180 seconds by 5 seconds or less, Sponsor may, in its sole discretion, elect to accept the Video Entry into thePromotion);
  1. be the Entrant’s own original creation (i.e., although Entrant may be assisted by third parties in creating the Video Entry, no third party may have any copyright or other rights in or to the Video Entry at the time it is submitted for thePromotion);
  1. except as relates to the Beddy’s®brand, not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips or audio clips, works of art, or images published on or in websites, television, movies, or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to,copyrights,trademarks,patents,tradesecrets,logos,contractandlicensingrights,rightsof publicity or privacy, moral rights (i.e., “droit moral”), or any other intellectual property rights);
  1. notbe,oreverhavebeen,submittedinanycompetitionorpromotionofanykind;
  1. not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Promotion, or any prizes, thedeterminationofwhichshallremaininthesolediscretionofSponsor;and

Sponsor reserves the right to request from any Entrant at any time proof, in a form acceptable to Sponsor, ofanypermissionrequiredorpossiblyrequiredtousesuchEntrant’sVideoEntry.Failuretoprovidesuch proof, if requested, may disqualify such Video Entry from the Promotion. By submitting a Video Entry, Entrant warrants and represents that he/she and any persons appearing or whose identity is otherwise ascertainable in the Video Entry consent to the submission and use of the Video Entry in the Promotion and to its use as otherwise set forthherein.

Public Evaluation. During the Promotion Period, eligible Video Entries will be accessible to the public via Beddy’s®website www.beddys.com(and, in Sponsor’s discretion, other media and websites) where the public can view the Video Entries and vote in support of them. Although viewing and voting will be open to the public, individuals must be logged into Facebook®(or such other website or medium as Sponsor may allow to be used for the Promotion) in order to vote for or view Video Entries. Voting is limited to one vote per valid Facebook®account during the Public Evaluation. The Public Evaluation will take place during the period of February 10, 2019 through and including April 21, 2019.

Judging. The Video Entries with the top ten most votes (the “Top Ten”), shall be determined based on public interest as measured by, among other things, how many votes and viewings the Video Entries receive from online viewers during the Public Evaluation. 

Winners. Once the Top Ten has been determined, a panel of judges designated by Sponsor (the “Panel”) will view and judge the Top Ten and select a winner based the number of votes received during the Public Evaluation, the overall creativity and artistic merit of the Video Entry (as determined by the Panel), and how well the Video Entry represents Beddy’s®.  The Panel will also select a second and third place winner based on these same criteria.

Tie-Breakers. If any tie score occurs in the Public Evaluation or any other judging in the Promotion, and if such tie makes determination of the Top Ten impossible, each such tie will be broken by the Panel judging which of the tied Video Entries best represents, in the opinion of the Panel, Beddy’s®. In no event will any tie or winner be determined by random, lot, or chance.

  1. Exclusive License to Video Entries. By entering the Promotion, and to the extent allowed by law, the Entrants grant to each of the Sponsor Parties the irrevocable, exclusive, perpetual, sublicensable, royalty-free license and right throughout the world to edit, modify, cut, rearrange, add to, delete from, make derivative works from, copy, reproduce, translate, dub, adapt, publish, display, disseminate, broadcast, transmit, perform, exploit, and use the respective Video Entries and the content of, and elements embodied in, such Video Entries, including without limitation any names, locations, performances, and likenesses, in any and all media, including but not limited to digital and electronic media, computer, audio, and audiovisual media (whether now existing or hereafter devised), in any language, in perpetuity, and in any manner, whether for advertising, promotional, commercial, or any other purposes without further permission from, review or approval by, or notice, approval, consideration,attribution,orcompensationto,Entrantoranythirdparty.
  1. Transfer of Ownership of Winning Video Entries. By accepting any prize (or any portion thereof) in connection with this Promotion, the Entrant grants to Sponsor (or its designee) all of such Entrant’s right, title, and interest in and to his/her winning Video Entry. Each winning Entrant agrees to execute all documentation, filings, forms, and agreements reasonably requested by Sponsor in order to facilitate or affect the transfer of ownership of such Entrant’s Video Entry to Sponsor (or itsdesignee).
  1. No Obligation to Use Video Entries. No Sponsor Party shall be obligated to use any VideoEntry in connection with the Sponsor, or for any other use orpurpose.
  1. Moral Rights. Each Entrant unconditionally and irrevocably consents to any act or omission at any time by the Sponsor Parties that would otherwise infringe such Entrant’s moral rights (i.e., “droit moral”) and present and future rights of a similar nature, whether conferred by statute or otherwise, anywhere in the world whether occurring before or after this consent is given. For the avoidance of doubt, and without in any way limiting the rights of Sponsor (or its designees or affiliates) set forth in or contemplated by these Official Rules, the Entrants agree to the publication of their VideoEntries.

18.   Release of Liability;Indemnification.

  1. Definition. For purposes of these Official Rules, “Damages” shall include any loss, damage, injury, death, harm, liability, settlement, judgment, award, fine, penalty, tax, fee (including anylegalfee,expertfee,accountingfee,oradvisoryfee),charge,cost,orexpense.
  1. Release. Except where prohibited by law, by participating in the Promotion each Entrant individually agrees to release and hold harmless, and covenants not to sue, each of Sponsor and its parents, subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees, shareholders, partners,members, managers,andagents,andallotherSponsorParties(collectively,the“ReleasedParties”)from, against, and in respect of any and all claims, causes of action, and Damages directly or indirectly arising out of or in connection with: (i) any unauthorized intervention in the Promotion by any person; (ii) any incorrect or inaccurate entry of information, human error, technicalmalfunction, lost/delayed data transmission, omission, interruption, deletion, defect, or failure of any telephone, computer or other network, computer equipment, software or any combination thereof, or inability to access www.beddys.comor inability to record or upload or download to or from www.beddys.com, or for late, lost, undeliverable, damaged, misdirected, delayed, garbled, inaccurate, stolen, incorrect or incomplete Video Entries; (iii) any error in the administration of the Promotion, publication of these Official Rules, or the processing of Video Entries; (iv) any cancellation, delay, orimpairment of any prize or portion thereof or aspect in connection therewith; (v) any “moral rights” or “droit moral” of such Entrant or unfair promotion with respect to use or exploitation of such Entrant’s Video Entry; (vi) any violation of any of these Official Rules by any other Entrant; and (vii) any act of nature, insurrection, terrorism, war, rebellion, or any other natural or man-made disaster orcalamity.
  1. Indemnification. Except where prohibited by law, by entering the Promotion each Entrant individually agrees to indemnify, defend, and hold harmless each of the Released Parties from and against any and all claims, causes of action, and Damages directly or indirectly arising out of or in connection with: (i) any creation or submission (or attempted submission) of any Video Entry by such Entrant; (ii) any defamation or infringement of the rights of any party in connection with such Entrant’s Video Entry, including without limitation contractual rights, rights of publicity and privacy, trademark, copyright,andpatentrights;(iii)anyreceipt,acceptance,possession,use,ormisuseofany prize (or portion thereof) won by such Entrant; and (iv) any violation of any of these Official Rules by such Entrant.