NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sponsor: Tempur-Pedic North America, LLC, 1000 Tempur Way, Lexington, KY 40511.
Open only to legal residents of the United States who are twenty-one (21) years of age or older. The following persons are not eligible to enter the Sweepstakes or win a prize: employees, contractors, directors, and officers of Sponsor, its parent, subsidiaries, affiliates, marketing/promotion agencies, and PROMOSIS, Inc. (“Administrator”), as well as the management/representation of Mr. Drew Brees. Void outside the 50 United States and where prohibited by law.
1. SWEEPSTAKES PERIOD: July 25, 2016 at or after 9:00 a.m. Eastern Time (ET) – September 1, 2016 at 11:59 p.m. ET. By participating, you agree to these Official Rules and the decisions of Sponsor and PROMOSIS, Inc. (the independent judging agency), which are final and binding in all respects and not subject to appeal.
3. ENTRY RESTRICTIONS: LIMIT OF ONE (1) ENTRY PER PERSON OR EMAIL ADDRESS. Use of any device or artifice to violate the preceding entry limit will result in voiding of all but the initial entry. Sponsor and the independent judging agency reserve the right in their sole discretion to void all entries and disqualify entrant altogether if Sponsor and/or the independent judging agency determine in their sole discretion that entrant has engaged in blatant, egregious, or repeated violations of the entry limit. Sponsor’s computer is the official clock for all purposes of the Sweepstakes. Sponsor and its agencies are not responsible for late, lost, illegible/garbled, corrupted, incomplete, inaccessible, damaged, or misdirected entries, all of which are void. Sponsor and its agencies also assume no responsibility for (a) any incomplete, incorrect, or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Sweepstakes Website or any entries; and (c) any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, programming, or failure of email on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or for injury or damage to entrant’s or to any person’s computer (or any information/materials stored therein) related to or resulting from downloading materials from any website or participating in the Sweepstakes. Any dispute as to identity of entrant will be resolved by Sponsor based on its determination in its sole discretion of who is the authorized account holder of the email address used to submit the entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Submission of entry does not constitute proof of receipt of same or proof of entry. Sponsor will acknowledge receipt of entry; but, such acknowledgment merely indicates that entry has been received and does not constitute any representation that the entry is eligible or that the person submitting same has been selected as a potential prize winner in the Sweepstakes.
4. RANDOM DRAWING/WINNER NOTIFICATION: On or about September 6, 2016, PROMOSIS, Inc. will conduct a random drawing from among all eligible entries received to select the potential prize winners. PROMOSIS, Inc. will notify potential prize winners via email. Potential prize winners will be required to complete, sign, and return a notarized Affidavit of Eligibility and Liability/Publicity Release (where lawful) within five (5) days of notification. However, depending on pro football game selected by potential Grand Prize winner, Sponsor’s approval of such selection may be conditioned upon potential winner returning the Affidavit/Release documents in a shorter time period than five (5) days, as designated by Sponsor. Failure to do so within the applicable time period, if potential prize winner is determined by PROMOSIS, Inc. to be ineligible or not in full compliance with these Official Rules, or if potential prize winner cannot be contacted by PROMOSIS, Inc. despite commercially reasonable efforts to do so, prize will be forfeited without compensation and an alternate potential winner will be selected from among all remaining eligible entries received.
5. PRIZES/ODDS OF WINNING: One (1) GRAND PRIZE: one (1) TEMPUR-Cloud Supreme Breeze (queen size) mattress with flat foundation and a trip for winner and one (1) guest to New Orleans, Louisiana to attend a pro football game in Fall/Winter 2016: October 16; October 30; November 13; November 27; December 4; December 24. Trip consists of roundtrip coach air travel from major commercial airport near winner’s residence to New Orleans; standard hotel accommodations (double occupancy) for 3 days/2 nights; (2) tickets to pro football game; one (1) $500 VISA** gift card; ground transportation between New Orleans airport, hotel, and football stadium. Total Approximate Retail Value of Grand Prize = $10,000. Should actual value of Grand Prize be less than stated Approximate Retail Value, winner will not receive the difference in cash or otherwise.
**Used solely for purposes of prize identification; no sponsorship, endorsement, affiliation or authorization is intended or implied by such use.
Actual pro football game will be selected by winner from the above indicated list of six (6) pro football games, subject to approval by Sponsor in its sole discretion. Winner may not receive his/her first choice of pro football game. If winner cannot attend any of the six (6) pro football games for any reason, the trip portion of the Grand Prize will be forfeited without compensation of any kind and the Grand Prize will consist solely of the TEMPUR-Breeze Cloud Supreme Breeze mattress and flat foundation.
Grand Prize winner and guest must travel together on same itinerary as set by Sponsor and PROMOSIS, Inc. in their sole discretion. Without limiting the foregoing, Sponsor and PROMOSIS, Inc. shall determine flights and hotel in their sole discretion. Guest of winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) must sign and return a liability/publicity release (where legal), prior to issuance of travel documents. If guest is a minor, he/she may only accompany his/her parent or legal guardian (i.e., the Grand Prize winner) on the trip. Valid photo identification is required for prize travel. Trip is subject to availability and other restrictions.
If winner’s residence is within reasonable driving distance of New Orleans (as determined by Sponsor and PROMOSIS, Inc. in their sole discretion), he/she will receive ground transportation instead of air travel; and, winner will not receive any substitute prize or compensation in conjunction with such substitution. If winner chooses to accept the prize trip without a guest, the prize trip will be awarded in increments appropriate for a single traveler and no substitute prize or compensation will be awarded in conjunction therewith.
Winner and guest must conduct themselves at all times in a socially responsible, appropriate and well behaved manner, as well as following all instructions of Sponsor’s representatives. Failure to do so will result in immediate termination of trip for winner and/or guest and Sponsor shall have no further liability or obligation to winner/guest; and, Sponsor further reserves the right to pursue all available legal remedies in such case.
Exact ticket type and seat location at pro football game is at Sponsor’s sole discretion. Both gift card and pro football game tickets are subject to terms and conditions of use as indicated thereon. Winner and guest will not receive any frequent flier miles, award points, or other “perks” in conjunction with prize travel.
FOUR (4) FIRST PRIZES: one (1) TEMPUR-Cloud Supreme Breeze (queen size) mattress with flat foundation. Approximate Retail Value of each First Prize = $4,099.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES = $26,396.
Limit of one (1) prize of any kind per family/address/household. TEMPUR-Cloud Supreme Breeze mattress/foundation must be accepted “AS IS” and does not come with any warranty or guarantee of any kind. Mattress will only be shipped to a street address in the (50) United States. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind. The preceding only excludes the gift card element of the Grand Prize in those jurisdictions where the ability to exchange/redeem gift cards for cash is required by law. All federal, state, and local taxes (including income and withholding taxes) as well as any other costs and expenses associated with prize acceptance and use not specified herein are the winner’s sole responsibility. For Grand Prize, such costs/expenses include travel to and from departure airport and all meals in New Orleans. Winners will be issued an IRS 1099 Tax Form as Sponsor must report the value of the prize to the Internal Revenue Service; and, winner agrees to fully cooperate with Sponsor in conjunction with its compliance with such reporting requirement. All prize details are at the Sponsor’s sole discretion. Odds of winning a prize depend on the total number of eligible entries received.
6. CONDITIONS OF PARTICIPATION: By accepting prize, where legal, winner agrees to the use of his/her name, image, photo, likeness, and other indicia of persona for advertising/trade/publicity purposes by Sponsor and its designees without further compensation or notice. The preceding includes but is not limited to Sponsor’s possible use of photos of prize winner and the TEMPUR-Cloud Supreme Breeze mattress/foundation awarded to him/her as a prize. By participating, entrant releases and agrees to hold harmless Sponsor, its parent, subsidiaries, affiliates, and their respective directors, officers, employees and agents, and PROMOSIS, Inc; the management/representation of Mr. Drew Brees, as well as Mr. Brees personally; Facebook, Twitter, and Instagram, from any and all liability arising from participating in the Sweepstakes or the acceptance, possession, receipt or use/misuse of any prize. If the Sweepstakes cannot be conducted as originally planned due to any cause beyond Sponsor’s control (e.g., computer virus, act of fraud, natural disaster, civil commotion, riot, strike, or governmental action), Sponsor may cancel/suspend/modify the Sweepstakes and randomly select the winners from among all eligible entries received prior to the action taken by Sponsor or otherwise in a manner determined by Sponsor in its sole discretion to be fair, appropriate, and consistent with these Official Rules; notice of such action by Sponsor will be posted at the Sweepstakes Website. Tampering with the Sweepstakes or acting in violation of these Official Rules will result in disqualification; but, disqualification shall not represent the sole remedy available to Sponsor. Sponsor’s failure to enforce any provision of these Rules in a given instance is NOT a waiver of such provision. If an individual’s entry is corrupted, damaged, or destroyed due to error or for any other reason, such individual’s recovery is limited to issuance of a replacement entry, time permitting and if otherwise feasible; if time does not permit or not otherwise feasible, Sponsor and its agencies shall have no liability in conjunction with same. Any dispute or claim regarding the Sweepstakes will be resolved pursuant to laws of the State of Kentucky, without regard to conflicts of law principles (of Kentucky or of any other jurisdiction). All entrants consent to the jurisdiction and venue of the courts located in the State of Kentucky in Fayette County and, in doing so, waive any right of inconvenient forum, forum non conveniens or the like. Entrants further agree that their recovery in any such action shall be limited to actual out-of-pocket costs of entering the Sweepstakes (if any), with any and all other damages (including but not limited to attorneys’ fees) being expressly waived. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, or Instagram.
7. Winners List: For the names of the winners (first name, last initial, city/state), available until December 1, 2016, mail a standard-size postcard, only, with your name and address to: Tempur-Pedic “Ultimate Breeze Experience” Sweepstakes Winners List, PO Box 38, Marblehead, MA 01945. Do not send any other correspondence to this address.