The Slumber Yard Sweepstakes: Official Rules
No Purchase Necessary to Enter or Win
Open Only to Legal United States Residents over the Age of Majority
Void in Puerto Rico and Where Prohibited by Law
RULES APPLICABLE TO ALL SWEEPSTAKES AND CONTESTS: These Official General Rules (“General Rules”) govern all Promotions conducted by The Slumber Yard (“TSY”) on its Digital Channels. The term “Promotion” means the individual sweepstakes or contest conduct by TSY. The term “Digital Channel” means TSY’s website and social media channel pages (e.g., Facebook, Twitter).
Additional Rules: Each Promotion may also have additional terms that govern that specific Promotion (“Additional Rules”). The Additional Rules, if any, will be contained within or linked to the Promotion’s marketing materials. If there are Additional Rules, the Promotion will be governed by both the General Rules and the Additional Rules. The Additional Rules will prevail in the event of an inconsistency between the General Rules and the Additional Rules.
ENTRY PERIOD: Each Promotion will begin and end on the dates and times (the “Promotion Period”) detailed in the Promotion’s marketing materials or Additional Rules.
The number, nature, and value of the prize(s) for each Promotion will be detailed in the Promotion’s marketing materials or Additional Rules. TSY will award the prize(s) to the prospective winner(s) only if the prospective winner fully satisfies certain conditions: some are detailed in these General Rules, some will be detailed in the Additional Rules, and some will be detailed to the prospective winner after the prospective winner is notified (the “Conditional Requirements”).
THE TOTAL MAXIMUM VALUE OF THE PRIZE(S) WITH RESPECT TO EACH PROMOTION WILL NOT EXCEED $5,000. For all prizes valued at more than $600, TSY will issue a 1099 to the winner in an amount equal to the value of the prize as determined by TSY.
Winners are solely responsible for all federal, state, and local taxes applicable to the prize. Prize winners are solely responsible for all associated costs, fees, expenses, and other charges that are directly or indirectly related to the prize (e.g., baggage fees, tips, souvenirs, laundry service, spa treatments, meals, alcoholic beverages, phone or internet charges, ground transportation, parking, insurance), unless the Additional Rules specifically state that those costs, fees, or expenses are included (i.e., all costs, fees, expenses and other charges not specifically identified as being included in a prize are the sole responsibility of the winner).
Winner may not transfer the prize before accepting the award, and winner(s) may not substitute a prize(s) (e.g., the winner may not elect to receive cash if the prize is an airline ticket; the winner may not elect a different destination if the prize identifies a specific destination). However, TSY may substitute a prize(s) of equal or greater value for the prize(s) detailed in the Promotion for any or no reason and without restriction.
Winner agrees to maintain his or her behavior and the behavior of all guests in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize activity.
No prize may be used with any other promotion or offer. Points prizes (such as prizes consisting of airline, credit card or hotel loyalty program points) are subject to all terms and conditions generally applicable to the loyalty program to which the points apply. Winners of points prizes may need to create an account in the applicable loyalty program in order to use the points and will be solely responsible for any costs and expenses associated with using the points that are not covered by the points redemption. Gift card prizes are subject to all terms generally applicable to gift cards. TSY will not replace lost or stolen gift cards. Merchandise prizes are provided “as is” and are subject only to the standard warranties provided by the manufacturer, if any. Physical prizes will be shipped to the mailing address provided by the winner in the entry or confirmation documents within six to eight weeks following the confirmation of the winner and satisfaction of the Conditional Requirements. TSY is not responsible for lost, late, damaged, or misdelivered prizes or other communications. Travel prizes are subject to the additional terms detailed below and the terms generally applicable to travel.
HOW TO ENTER: Specific instructions for how to enter the Promotion will be detailed in the Promotion’s marketing materials or Additional Rules. Almost all Promotions will require entrants to provide an e-mail address, and most Promotions require internet access. Your mobile service provider’s standard data charges will apply if you use your mobile device to enter a Promotion. If you need an email account, free email services are available (e.g., gmail.com and hotmail.com). If you need Internet access, visit your local library.
No purchase is necessary to enter any Promotion or to win any prize. Each Promotion is open only to natural persons who: (1) are legal residents of a state within the U.S. or the District of Columbia; (2) have reached the age of majority in their state of residence (but entrants must be age 21 or older if the Promotion includes a travel prize); and (3) have agreed to these General Rules and the Additional Rules, if there are Additional Rules.
The following people are not eligible to participate in or win a prize: (1) employees and officers of TSY, its parent company, or its parent company’s subsidiaries or affiliates (collectively the “Company”); (2) employees and officers of the Company’s marketing firms (e.g., advertising or promotion companies) or other Company vendors that are involved or may be involved in the Promotion; (3) immediate family members (parent, child, sibling or spouse) of such employees or officers; and (4) any persons residing in the same household as such employees or officers, whether or not related to the employee or officer.
TSY reserves the right to verify eligibility qualifications of each prospective winner. Void in Puerto Rico and where prohibited.
Use of any automated system or method (e.g., a computer program, robot) will void each entry made by such system or method. A person may enter each Promotion only as many times as is detailed in the Promotion marketing materials or the Additional Rules. If a person attempts to submit more entries than are permitted or if a person does not satisfy the other entry conditions, then all of that person’s entries may be void in TSY’s sole discretion. Entries that are in violation of these General Rules, the Additional Rules, or the other conditions detailed in the Promotion’s marketing materials may be void in TSY’s sole discretion. If TSY suspects or determines an actual or attempted fraud, tampering, impairment, or disruption of the administration, security, or fairness of the Promotion or if TSY suspects or determines an actual or attempted violation of these General Rules, the Additional Rules, or the Promotion marketing materials, then TSY may, in its sole discretion, void any and all entries of the individual that it believes is responsible for or otherwise involved with such acts.
ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR HARM TSY’S Digital Channel OR THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE COMPANY RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.
ODDS OF WINNING: The odds of winning a Promotion sweepstakes depend on the number of eligible entries. The odds of winning a Promotion contest depend on how your entry compares to the other entries in light of the judging criteria and the other rules of that particular Promotion contest.
CONSENT & LICENSE TO PUBLICITY AND USE: Except where prohibited by law, each person, by submitting an entry to the Promotion, consents and grants to the Company (and its agents and assigns) the worldwide, perpetual, royalty free, fully paid, irrevocable, sublicensable, and unrestricted right and license to use and exploit all materials and information submitted in connection with the entry to the Promotion (e.g., entrant’s name, voice, likeness, biographical information, email address, photographs, videos) in any manner or media whatsoever (e.g., websites, social media channel posts) for any promotional or publicity purposes without limitation. If the entry materials incorporate other individuals (e.g., an image or video of another person) or incorporate another individual’s intellectual property, then the entrant must secure all necessary releases, clearances, and permissions to allow Company to use and exploit those materials consistent with the above license grant.
SELECTION AND NOTIFICATION OF WINNERS
WINNER(S) WILL NOT BE REQUIRED TO BE PRESENT AT THE TIME OF THE DRAWING OR SELECTION.
For Promotion sweepstakes, winners will be selected at random from among all eligible entries within 15 days after the Promotion’s end date. For Promotion contests, the eligible entries will be judged and winners will be selected according to the judging criteria for that Promotion within about 15 days after the Promotion’s end date.
Each prospective winner must fully satisfy the CONDITIONAL REQUIREMENTS for the prize to be awarded.
Each prospective winner will be notified by email or telephone within about 48 hours after the determination. Each prospective winner must claim the prize within 7 days after the first notification attempt, which shall be the first date notification was sent to the prospective winner if by email or the first date a call is placed to the prospective winner if by telephone. Each prospective winner must claim the prize in the manner indicated in the notification.
If any prospective winner fails to claim the prize within the stated time period, is found to be ineligible, or fails to fully satisfy the Conditional Requirements, then such individual will be disqualified and an alternate winner will be selected in accordance with these General Rules or the Additional Rules, time permitting. TSY reserves the right not to select an alternate winner in the event of a forfeiture of a prize after confirmation of a winner and/or if there is insufficient time to confirm a potential alternate winner in the event of a prize with a time-sensitive travel component, as determined in TSY’s sole discretion. The Company’s decisions and actions with respect to the Promotion (e.g., the selection of the winner) are final and binding.
At TSY’s sole discretion, any aspect of the Promotion may be taken by a third party. If the third party has additional requirements for claiming or qualifying for a prize, then the prospective winner’s eligibility shall also be subject to those requirements in addition to the requirements detailed in these General Rules and the Additional Rules.
REQUIREMENTS OF THE WINNER
EACH PROSPECTIVE WINNER IS SUBJECT TO VERIFICATION BY TSY. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL THAT ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Prospective winners of prizes valued at $100 or more may be required to sign an “Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use” (an “Affidavit”) and other similar documents as a part of determining such individual’s eligibility to win and, before, and as a condition of, such winner’s acceptance and use of the prize. A prospective winner will be disqualified and another winner will be selected if: the prospective winner does not complete, provide, or sign the Affidavit or other documents required by TSY, as determined by TSY in its sole discretion; the Affidavit or other documents are not received by TSY within 7 days of the request for the Affidavit or other documents; or the prospective winner is found to be ineligible or otherwise noncompliant with the General Rules, Additional Rules, or Conditional Requirements, as determined by TSY in its sole discretion.
WINNERS LISTS: To request the name(s) of the winner(s), mail your request (and a self-addressed stamped envelope) to: The Slumber Yard, 100 Washington Street Suite Lower Level, Reno, NV 89503. Please identify Promotion for which the winner list is being requested. Requests for winner lists must be received by TSY at the address above no later than 30 days after the winner has been selected. Allow six to eight weeks for processing of requests.
SPONSOR: TSY is the sponsor of each Promotion.
SOCIAL MEDIA PLATFORMS: Any Promotion advertised or operated on any of TSY’s social media channel pages or profiles is in no way sponsored, endorsed, administered or associated with Facebook Inc. (“Facebook”), Google Inc. (“Google”), Pinterest, Inc. (“Pinterest”), Twitter, Inc. (“Twitter”), or any other platform. Any such Promotion is subject to all terms of conditions for promotions operated on such platform.
New York law governs each Promotion.
TSY may cancel or change any Promotion if fraud, misconduct, technical failure, or any other factor beyond TSY’s reasonable control interferes with the Promotion (e.g., TSY believes the security or administration of the Promotion has become corrupt), as determined by TSY, in its sole discretion. If TSY cancels or changes a Promotion TSY may: post to its Digital Channel a notice; and award the prize(s) in a manner consistent with these General Rules or the Additional Rules, as determined by TSY, in its sole discretion. TSY reserves the right in, its sole discretion, to change all dates and deadlines of the Promotion with or without notice and for any or no reason.
TSY’S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO EACH PROMOTION.
TSY’s failure to enforce any term of these General Rules or the Additional Rules do not constitute a waiver of TSY’s ability to enforce its rights under these General Rules or the Additional Rules.
The invalidity or unenforceability of any part of these General Rules or the Additional Rules shall not affect the validity or enforceability of any other part of these General Rules or the Additional Rules. In the event that any provision of these General Rules or the Additional Rules is determined to be invalid or otherwise unenforceable, these General Rules or the Additional Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these General Rules or the Additional Rules.
The names, likenesses, logos, and images of individuals, groups, companies, products, and services mentioned in these General Rules, the Additional Rules, or in any promotional materials: are used for identification purposes only; may be the copyrighted properties and trademarks of their respective owners; and do not imply any association with the Company or endorsement of Company, except as otherwise indicated.
DISPUTES & LIMITATIONS OF LIABILITY: By entering into the Promotion, you agree to resolve any and all disputes, claims, and causes of action arising out of or connected with each Promotion (an “Action”): (1) individually (i.e., you expressly waive your right to participate in any type of class action lawsuit relating to the Promotion by entering into the Promotion); and (2) exclusively by the Federal or State courts located in New York, New York.
By entering into the Promotion, you agree that: (1) if you are successful in an Action, then your recovery is limited to (i.e., will not exceed) the total prize value divided by the total number of eligible entries; (2) You waive all indirect, incidental, punitive, special, disgorgement, consequential damages of any kind (including, without limitation, lost profits), costs (e.g., attorneys’ fees, expert fees, filing fees, fines), or expenses, even if you have notified Company of the possibility of such damages.
This General Rules and the Additional Rules (if any) are governed by and must be construed in accordance with New York state laws, without regard to its conflict of laws doctrine. If a court finds any provision of these General Rules or the Additional Rules invalid or unenforceable, then it is the parties’ intention that the court enforce: (1) such provision to the maximum extent permissible; and (2) the other remaining provisions of these General Rules and the Additional Rules (if any). The failure or delay by the Company to enforce any provision of these General Rules or the Additional Rules will not constitute a waiver of future enforcement of that provision or any other provision.
INDEMNIFICATION & RELEASE
By entering into the Promotion, you agree to defend, indemnify, and hold the Company Entities & Partners (defined below) for all of the Indemnified Items arising from Claims by a third-party related to: the Promotion; your entry in the Promotion; your participation in the Promotion; the prize(s) with respect to the Promotion; use or misuse of such prize(s); your actions/omissions in connection with the Promotion; or Company Entities’ or Partners’ use or exploitation of the materials and information submitted in connection with your entry in the Promotion (e.g., an allegation that Company’s use of you entry materials violated a third party’s Intellectual Property right, confidentiality right, privacy right, or contract right, or lacked the third party’s authorization). You must secure the written consent of the RV Entities & Partners before settling or otherwise resolving an indemnified action.
By entering a Promotion, you waive and release the Company Entities & Partners arising from Claims by you related to: the Promotion; your entry in the Promotion; your participation in the Promotion; the prize(s) with respect to the Promotion; use or misuse of such prize(s); your actions/omissions in connection with the Promotion; or Company Entities’ or Partners’ use or exploitation of the materials and information submitted in connection with your entry in the Promotion (e.g., an allegation that Company’s use of your entry materials were defamatory, violated your rights of privacy or publicity, appropriated your likeness).
The term “Company Entities & Partners” means the Company and its promotional channel partners (e.g., Facebook, Google, Pinterest, Twitter) and the Company’s respective representatives, attorneys, assigns, agents and licensees and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees. The term “Indemnified Items” means all: damages (e.g., indirect, incidental, punitive, special, disgorgement, consequential, lost profits); costs (e.g., attorney fees, expert fees, accountant fees, filing fees, fines, settlement payments, annuity payments); and expenses. The term “Claim” means a claim, demand, cause of action, a lawsuit based on law or equity of any kind, or any other similar type of action.
ADDITIONAL LIMITATIONS OF LIABILITY: TSY is not responsible for: (1) any errors, omissions, interruptions, defects, technical failures, unauthorized human intervention, or delays that may occur in connection with the Promotion, entries, or prize(s) (e.g., malfunction of any electronic equipment, website, network, hardware or software; printing or typographical errors in any materials associated with any Promotion or prize); (2) your conduct in connection with the Promotion or entry; (3) winner’s use of the prize; (4) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (5) any death, injury or damage to you or to other persons, to your property or other person’s property, which may be caused, directly or indirectly, in whole or in part, from your entry or participation in any Promotion or your use or misuse of any prize.