BEDDY’S® PROMOTION OFFICIAL RULES
THIS PROMOTION IS A SKILL-BASED COMPETITION.
- Principal Sponsor/Administrator: The Principal Sponsor and Administrator of the Promotion is Beddy’s LLC (the “Sponsor”) which has an address of 6101West 9790 South, West Jordan, Utah 84081.
- Eligibility. PROMOTION OPEN ONLY TO RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER) AND HAVE INTERNET ACCESS AS OF JANUARY 1, 2019. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SPONSOR RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, Video Entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers, and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Limit one entry per person. IF NO ENTRIES ARE RECEIVED IN COMPLIANCE WITH THESE OFFICIAL RULES, NO PRIZE WILL BE AWARDED.
- Eligible Video Entries. Each Video Entry must:
- contain a video sharing, describing, demonstrating, or otherwise conveying your story of why you love Beddy’s®;
- 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);
- 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);
- 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);
- 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.
- Agreement to Official Rules. By entering in the Promotion, Entrant represents and warrants that he/she has read and understood, and fully and unconditionally agrees to and accepts, these Official Rules and that the decisions of the Sponsor are final and binding in all matters related to the Promotion. Winning any prizeiscontingentuponfulfillingallrequirementssetforthintheseOfficialRules.
- Promotion Period. The Promotion starts at 12:01 a.m. (all times Mountain Time) on February 10, 2019 and ends at 11:59 p.m. on April 21, 2019 (the "Promotion Period"). However, Video Entries must be received by April 18, 2019 to be eligible to win a prize. Public evaluation (as described below) will continue through April 21, 2019. Sponsor’s or its designee’s computer will be the official time-keeping device for the Promotion.
- How to Register. To register for the Promotion during the Entry Period visitwww.beddys.comon your desktop or laptop computer and follow the instructions provided there. The following personal information of the Entrant will be required to be disclosed in order to register for and enter the Promotion: full legal name, email address, date of birth, and the city and state in which the Entrant is domiciled. In the registration process for the Promotion, Entrants are disclosing such information to Sponsor and no other third-parties. Multiple Entrants are not permitted to register with the same email address. No purchase is requested or required in order to register or enter the Promotion or to win anyprize.
- How and When to Submit Video Entries. After registering, each Entrant shall upload his/her Video Entry directly via Beddy’s®website www.beddys.com, or via URL from YouTube®, Facebook®or another website. Do not submit any Video Entry by any other method. Only Video Entries submitted in accordance with these Official Rules during the Promotion Period are eligible for the Promotion. Video Entries shall not be eligible for the Promotion if submitted at any timeother than during the Promotion Period. In the event the same (or substantially similar) Video Entry issubmitted by more than one Entrant, only the first such Video Entry received by Beddy’s®will be accepted and all other same or substantially similar Video Entries will be deemedvoid. Any votes or views as a result of any automatic, programmed, or similar method, agent, or bot will not be counted for purposes of this Promotion. Any use by an Entrant (or at his/her direction or request) of any automatic, programmed, or similar entry, voting, or viewing methods, agents, or bots will void all Video Entries submitted by that Entrant. Whether any Video Entries, votes, or views are subject to voiding or other disqualification will be determined in Sponsor’s sole discretion. Once the upload and submission process is complete, Video Entries will be placed in a queue for a Sponsor representative to view for profanity and vulgarity prior to enabling live public viewing and voter interaction. Once a Video Entry is approved, the applicable Entrant will receive a confirmation e-mail that Entrant’s Video Entry is live and ready for sharing and voting. Video Entries will not otherwise be acknowledged orreturned.
- Evaluation of Video Entries; Determination ofWinners.
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.
- Prizes. Subject to these Official Rules, the winner will be awarded US $10,000.00. Second and Third Place will be awarded US $3,500.00 and US $1,000.00, respectively. Additionally, every Video Entry that makes the Top Ten will be awarded a Beddy’s®gift card valued at $250. Sponsor, in its sole discretion, may also award a Beddy’s®gift card with value of $500, to a Video Entry that merits and honorable mention, as determined by the Panel.
- Prize Terms & Conditions. WINNERS ARE RESPONSIBLE FOR ANY AND ALL FEDERAL, STATE, AND LOCAL TAXES, DUTIES AND FEES ASSESSED AS A RESULT OF RECEIPT OR USE OF ANY PRIZE (OR PORTION THEREOF). WINNERS ARE ALSO REQURED TO PROVIDE AND SIGN FOR SPONSOR ANY AND ALL INFORMATION OR FORMS NECESSARY FOR TAX, REGULATORY, LEGAL OR OTHER PURPOSES. Prizes are not transferrable. Sponsor reserves the right to substitute any one or more components of a prize with a different prize or component of equal or greater value. Winners are responsible for obtaining and paying for transportation, lodging, meals, and all other incidentals in connection with receiving the prizes. All prizes may be subject to additional terms andconditions.All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
- Announcement and Notification of Winners. Winners will be announced on www.beddys.com (and, in Sponsor’s sole discretion, in any other media). Each winner will be notified by email (at the email address provided by the Entrant upon registration) by April 25, 2019. To claim a prize, the winner must respond as directed by Sponsor within forty-eight (48) hours (not counting weekends or national holidays) after the first notification attempt. If a winner cannot be reached or fails to comply with any of the foregoing requirements, or if the Sponsor determines that such winner is ineligible or disqualified for not complying in full with these Official Rules, an alternate winner will be selected from the remaining eligibleVideoEntriesbasedonthesamecriteriausedinthe Promotion.
- Affidavit and Releases. As a condition of receiving a prize, potential winners may be required, within ten (10) days after the date on which the Entrant receives notice of being a winner, to complete, sign, and return an AFFIDAVIT OF ELIGIBILITY, a LIABILITY RELEASE, and, except where prohibited, a PUBLICITY RELEASE, and any other legal, regulatory, or tax-related documents required by Sponsor, in its sole discretion. Such documents will include (a) a provision releasing the Sponsor and each of its affiliates, licensees, promotional partners, developers, and third party marketing entities (collectively, “Sponsor Parties”) from any and all liability, (b) a provision that such potential winner understands and acknowledges that Sponsor and its assigns may use his/her Video Entry and personalattributes for display in any media (including without limitation television, Internet, print, and radio advertising and marketing) without attribution or compensation to the Promotion winner, his or her estate or heirs, or any other individual or entity, (c) an agreement not to disparage the Sponsor (or any employee, affiliate, or agent thereof) or otherwise act in an inappropriate, indecent, or obscene manner (as determinedbySponsorinitssoleandabsolutediscretion)inanyinterviewsorpublicstatementsin connection with the Sponsor or the Promotion.
- Irrevocable Grant of Exclusive Rights to Video Entries; Transfer of Ownership. PLEASE NOTE THAT, BY ENTERING THE PROMOTION, YOU ARE GIVING UP SIGNIFICANT AND SUBSTANTIAL RIGHTS IN AND TO YOUR VIDEO ENTRY, WHETHER OR NOT YOU ARE A WINNER. Entrant represents and warrants that he/she is the sole creator and copyright owner of his/her VideoEntry.
- 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.
- 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).
- 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.
- 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.
- Publicity. Except where prohibited by law, entering the Promotion constitutes Entrant’s consent for the Sponsor and each of the other Sponsor Parties (defined above) to use and publish Entrant’s name, voice, likeness, image, statements, opinions, biographical information, and state of residence for the Promotion and all purposes in any media or manner, now known or hereafter devised, without payment, consideration, notice, orapproval.
- General Terms and Conditions. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to, fraud, virus, or othertechnical problem, the Sponsor may, in its sole discretion, suspend or modify the Promotion to address the impairment and resume the Promotion in a manner that best conforms to the spirit of these Official Rules. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering withtheentryprocessortheoperationofthePromotionortobeactinginviolationoftheseOfficialRules, or otherwise in an improper manner. Any attempt by any person to undermine the operation of thePromotion may be a violation of law, and, if such an attempt is made, the Sponsor reserves the right to seek damagesfrom,andequitableremediesagainst,anysuchpersontothefullestextentpermittedbylaw.The Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any Video Entry, the authorized account holder of the email address indicated upon video submission for purposes of this Promotion will be deemed to be the Entrant with respect to such Video Entry. 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 web domain associated with the email address registered for purposes of the Promotion. There are no intended third-party beneficiaries in connection with the Official Rules.
18. Release of Liability;Indemnification.
- 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.
- 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.
- 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.
- Limitations of Liability. IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR, AND ENTRANT WAIVES, ANY AND ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLIED OR INCREASED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PROMOTION, ANY VIDEO ENTRY, OR ANY PRIZE. WITHOUT LIMITING THE IMMEDIATELY PRECEDING SENTENCE, EVERYTHING ON WWW.BEDDYS.COMIS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WHETHER 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 EXCLUSIONS OF LIABILITYFOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
- Choice of Forum; Governing Law. Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded or not awarded shall be resolved solely individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Utah (Central Division) or the appropriate Utah State Court located in Salt Lake County, Utah, United States of America. All issues and questions concerning the construction, validity, interpretation, or enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Utah, United States of America, without giving effect to any choice of law or conflict of law rules that would result in the application of the laws of any otherjurisdiction.
- Intellectual Property Notice. Beddy’s®is a trademark of Beddy’s LLC. The Promotion and all accompanying materials are copyright © 2019 by Sponsor. All rights reserved.