STEARNS & FOSTER®/HAMMITT® HANDBAG GIVEAWAY SWEEPSTAKES
OFFICIAL SWEEPSTAKES RULES AND TERMS & CONDITIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED.
Sponsor. The STEARNS & FOSTER®/HAMMITT® HANDBAG GIVEAWAY consists of four (4) separate sweepstakes (collectively and individually referred to as “Sweepstakes”) and is sponsored by Tempur Sealy International, Inc., 1000 Tempur Way, Lexington, KY, 40511 (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc., Instagram, LLC, Twitter, Inc., or Pinterest, Inc.,. All inquiries, questions, comments, or complaints should be directed to Sponsor. Void where prohibited.
Eligibility. Subject to the additional restrictions below, the Sweepstakes is open to legal residents of the fifty (50) United States, and the District of Columbia, who are eighteen (18) years or the age of majority in their jurisdiction of residence (whichever is greater) or older at the time of entry. Employees, officers, and directors of the Sponsor, any entity involved in the administration or awarding of prizes in connection with this Sweepstakes, or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household, whether related or not, are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners. Winners of one of the individual Sweepstakes associated with this Sweepstakes are ineligible to win subsequent Sweepstakes. Prizes awarded have no cash value and cannot be exchanged for cash, other items or gift certificates (except where otherwise expressly indicated herein) and cannot be combined with any other offers. Odds of winning depend on number of eligible entries received for each Sweepstakes.
How To Enter. This Sweepstakes will begin on August 13, 2014, at 12:00 a.m. Eastern Daylight Savings Time (“EDT”) and will end on December 14, 2014, at 11:59 p.m. Eastern Standard Time (“EST”) (the “Sweepstakes Period”). The Sweepstakes shall be divided into four (4) separate Sweepstakes, each with its own pool of entrants, entry period, and prizes. The details surrounding each individual Sweepstakes are set forth in Table One below:
Sweepstakes Number Entry Period for Each Sweepstakes (“Entry Period”) Eligible Entries for Sweepstakes Date of Drawing (On/About) Number of Winners Prize Approximate Date of Winner Notification
1 August 13, 2014 at 12:00 a.m. EDT & September 14, 2014, at 11:59 p.m. EDT
All eligible entries received between August 1, 2014 at 12:00 a.m. EDT & September 14, 2014, at 11:59 p.m. EDT September 15, 2014 5 A limited edition Hammitt Handbag designed and manufactured exclusively for Stearns & Foster. Approximate Retail Value (“ARV”): $760 each. September 18, 2014
2 September 15, 2014 at 12:00 a.m. EDT & October 14, 2014, at 11:59 p.m. EDT All eligible entries received between September 15, 2014 at 12:00 a.m. EDT & October 14, 2014, at 11:59 p.m. EDT October 15, 2014 5 A limited edition Hammitt Handbag designed and manufactured exclusively for Stearns & Foster. Approximate Retail Value ARV: $760 each. October 18, 2014
3 October 15, 2014 at 12:00 a.m. EDT & November 14, 2014, at 11:59 p.m. EST All eligible entries received between October 15, 2014 at 12:00 a.m. EDT & November 14, 2014, at 11:59 p.m. EST November 15, 2014 5 A limited edition Hammitt Handbag designed and manufactured exclusively for Stearns & Foster. Approximate Retail Value ARV: $760 each. November 18, 2014
4 November 15, 2014 at 12:00 a.m. EST & December 14, 2014, at 11:59 p.m. EST All eligible entries received between November 15, 2014 at 12:00 a.m. EST & December 14, 2014, at 11:59 p.m. EST December 15, 2014 6 One (1) winner will receive a Stearns & Foster mattress set (ARV:$3500). The remaining 5 winners will receive a limited edition Hammitt Handbag designed and manufactured exclusively for Stearns & Foster. ARV: $760 each. December 18, 2014
All entries must be submitted during the applicable Entry Period to be eligible to win a prize in that particular Sweepstakes. Entries will not roll over to subsequent Sweepstakes (if any); you must submit an entry during the Entry Period for the specific Sweepstakes in order to be eligible to win a prize offered in that Sweepstakes. The Sweepstakes computer, as determined by Sponsor in its sole discretion, is the official time keeping device for the Sweepstakes.
To enter, go to the Sponsor’s Facebook page for its Stearns & Foster brand, https://www.facebook.com/stearnsandfoster, and complete all of the required information and follow all posted instructions. You will be required to “like” the Stearns & Foster page on Facebook (if you have not previously “liked” the page) and to accept the sweepstakes application. Submit your entry by clicking on the “SEND” button. If you do not have a Facebook account, you can obtain one without charge at www.facebook.com. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Your computer must accept cookies, or any successor or similar technology, which may be used for the purpose of entry tracking. Ad blocking software on your computer needs to be disabled so that it doesn’t interfere with processing your entry. Complete the entry form and any other required fields and then submit your entry by clicking on the “SEND” button.
Limit one (1) entry per person per Sweepstakes. You may not create or use multiple Facebook accounts to enter; any entrant who attempts to enter with multiple Facebook accounts and/or under multiple identities will be disqualified and will forfeit any prize won. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
Sponsor will not be responsible for incomplete, lost, late, or misdirected entries or for failure to receive entries due to transmission failures or technical failures of any kind, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. All entries become property of Sponsor and will not be acknowledged or returned. Entrants acknowledge and agree that Sponsor shall have the right to edit, adapt, modify, reproduce, publish, promote, broadcast, or otherwise display or use entries in any way it sees fit without limitation or compensation to entrants.
Winner Selection and Odds. The prizes awarded in connection with each Sweepstakes are set out in Table One above. Odds of winning a prize in a given Sweepstakes depend on the number of eligible entries received during the applicable Entry Period. Each Prize also includes delivery to the Prize Winner’s home and may be awarded through a gift card/gift certificate or voucher to a retailer near the Prize Winner’s residence. (And, in such case, Sponsor shall determine the issuer of the gift card/gift certificate/voucher in its sole discretion and such gift card/gift certificate/voucher shall be subject to the terms and conditions indicated thereon. 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 sole responsibility of each Prize Winner. An IRS Form 1099 will be issued in 2015 designating the value of the prize you have won.
Using the information provided at the time of entry, each potential winner will be notified by email or telephone on or about the dates set forth in Table One above. Except where legally prohibited, each potential winner must sign and return, within seven (7) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted in person via email or telephone after the second attempt to contact him/her, or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries for that particular Sweepstakes. Sponsor will make every reasonable effort to award the prizes to the selected winners.
EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE STEARNS & FOSTER FACEBOOK PAGE AND ALL PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. HOWEVER, THESTEARNS & FOSTER MATTRESS SET PRIZE WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE STEARNS & FOSTER LIMITED WARRANTY AS SET FORTH ON SPONSOR’S WEB SITE, WWW.STEARNSANDFOSTER.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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Limitation on Prizes. Limit one (1) prize per entrant and per household. 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 for any reason. 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; the preceding only excludes Sponsor’s award of prize as a gift card/gift certificate/voucher, where such cash redemption is required by law. The awarding of any prize is contingent upon full compliance with the Official Rules.
Release. Entrants agree to be bound by Official Rules. By participating in this Sweepstakes, Entrant agrees that Facebook, Inc., Instagram, LLC, Twitter, Inc., Pinterest, Inc., the Sponsor, any entity involved in the administration or awarding of prizes in connection with this Sweepstakes, or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrant against, any liability for any injuries, losses, or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this Sweepstakes or in any Sweepstakes-related activity, or any claims based on publicity rights, defamation, invasion of privacy, or merchandise delivery. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism. By participating in this Sweepstakes, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Sweepstakes or the downloading from and/or printing of material downloaded from such site. Entrants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Kentucky 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 Sweepstakes, or the prizes awarded in conjunction with this Sweepstakes, shall be filed only in the state or federal courts located in the State of Kentucky 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 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.
General Conditions/Right to Modify or Terminate. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. If the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on eligible entries received before the termination date. Notice of such action will be posted on the Stearns & Foster Facebook page. (In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes. CAUTION: Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes 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.
Except where prohibited by law, participation in the Sweepstakes and acceptance of prize constitutes prize winner’s grant to Sponsor (which grant shall be confirmed in writing on request of Sponsor), and the Released Parties the right and permission to print, publish, broadcast, and use, worldwide, in any media now known or hereafter developed, including, but not limited to, the worldwide web, at any time or times, the prize winner’s entry, name, portrait, picture, voice, likeness, opinions, and biographical information (including, but not limited to, hometown and state) for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Winners List Request. For the names of the winners, send your request with a self-addressed, stamped envelope, to: Tempur Sealy International, Inc., 1000 Tempur Way, Lexington, KY 40511 for receipt by December 18, 2014. Vermont residents may exclude return postage.
Sponsor: Tempur Sealy International, Inc., 1000 Tempur Way, Lexington, KY 40511.
©2014 Tempur Sealy International, Inc. Stearns & Foster®, Hammitt®, and Facebook® are registered trademarks of their respective companies both in the United States and abroad. All rights reserved.