NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. Eligibility: The Cocoon™ by Sealy "My Favorite Thing" Sweepstakes II (“Sweepstakes”) is open to legal residents of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors, and officers of Cocoon International Sales, LLC (“Sponsor”), its parent, subsidiaries, affiliates, sales representatives, advertising, promotion agencies, PROMOSIS, Inc. ("Administrator"), and all other service agencies involved with the Sweepstakes (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules. Winning the prize is contingent upon fulfilling all requirements set forth herein. Sweepstakes is subject to all applicable federal, state, and local laws.
2. Sweepstakes Period: The Cocoon™ by Sealy "My Favorite Thing" Sweepstakes II (the “Sweepstakes”) begins on December 15, 2016 at 12:00:01 a.m. Eastern Time (“ET”) and ends on December 31, 2016 at 11:59:59 p.m. ET (the “Sweepstakes Period”).
Automated Entries are prohibited and any such use will cause disqualification. Sponsor’s decisions with respect to whether any Entry complies with these Official Rules are final and binding and may be made by Sponsor and/or Promosis, Inc. at any time (prior to the selection of the winner, as per Rule #5 below). Entries that do not meet the requirements set forth in these Official Rules may be automatically disqualified in the sole discretion of the Sponsor. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of Entries.
Your Email Entry and social media post to receive Post Entries must comply with all requirements set forth herein, including the entry requirements provided above, to be considered an eligible Sweepstakes Entry.
By participating in the Sweepstakes, entrants agree to indemnify and hold Sponsor, Twitter, Inc. and Facebook, Inc. harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought against or suffered or incurred by the Sponsor, Twitter, Inc. or Facebook, Inc. or their employees, contractors, directors, officers, members of their immediate families, parents subsidiaries, affiliates, sales representatives, and advertising and promotions agencies, arising out of or in connection with the participation by the entrants in this Sweepstakes, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by Sponsor of any Entry (or portion thereof) submitted by the entrants in this Sweepstakes.
By participating in the Sweepstakes, each entrant agrees to be bound by the decisions of the Sponsor and the Judging Organization (as per Rule #5 below) and warrants that he/she is eligible to participate in the Sweepstakes. Failure to comply with the terms and conditions in these Official Rules will result in disqualification and selection of an alternate winner, as set forth in Rule #5 below.
ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY PROMOSIS, INC. AT ANY TIME DURING THE PROMOTION PERIOD AND (IN THE DISCRETION OF SPONSOR OR PROMOSIS, INC.) MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT MAY BE CONFIRMED AS THE WINNER OF THE PRIZE.
POST ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST PROVIDED TEXT AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. SPONSOR WILL NOT EDIT OR MODIFY POST ENTRIES IN CONJUNCTION WITH ADMINISTRATION OF THE SWEEPSTAKES.
4. Prize: One (1) Grand Prize: $5,000. Prize will be awarded in a check or gift card in the amount of $5,000. Winner is solely responsible for all applicable taxes on the prize, and will be issued an IRS Form 1099-MISC. Prize may not be transferred. 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 as being provided are the winner’s responsibility. The odds winning are dependent upon the number of eligible entries received.
In honor of this event, Cocoon By Sealy will donate $5,000 to the Ronald McDonald House Charities of the Bluegrass.
5. Winner Selection and Notification: One (1) winner will be selected via random drawing from among all eligible Email and Post Entries received by the Sweepstakes Period deadline. Drawing will be conducted by Promosis, Inc., an independent judging organization whose decisions in all matters relating to this Sweepstakes are final and binding, approximately on January 4, 2017. Potential winner will be notified by email or through the social media platform in which he or she posted their entry with contact information registered with that social media platform from Promosis, Inc. [WITH REGARD TO POST ENTRIES, IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ON THE APPLICABLE SOCIAL MEDIA PLATFORM ALLOW FOR SPONSOR TO CONTACT HIM/HER], and will be required to complete a notarized Affidavit of Eligibility and Liability/Publicity Release (where lawful) sent by follow-up email that must be returned and received within five (5) days of the date emailed to the potential winner, or prize will be forfeited (without compensation of any kind), and an alternate winner randomly selected from the remaining pool of eligible entries received for the original drawing. If potential winner cannot be contacted for any reason (e.g., no response to prize notification email within prescribed time period), is determined to be ineligible, or in violation of these Official Rules, prize will be forfeited (without compensation of any kind) and an alternate winner will be selected. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the email account associated with the social media platform account used to post the required post text or indicated on Email Entry entry form, in Sponsor’s sole discretion, as applicable. All decisions of the Administrator and Sponsor are final.
Promotion Entities shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding the prize for any reason outside of their control. By entering the Sweepstakes and accepting the prize, the winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Sweepstakes or Sponsor, and Entry or other likenesses, without further compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
6. Ownership/Use of Entry: BY SUBMITTING A POST ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE RE-POSTED ON ANY OF SPONSOR’S WEBSITE(S), IN SPONSOR’S SOLE DISCRETION. BUT, SHOULD SPONSOR PROCEED, SUCH RE-POSTING IS FOR ENTERTAINMENT PURPOSES ONLY AND DOES NOT CONSTITUTE ANY REPRESENTATION OF ELIGIBILITY OR NOTIFICATION OF WINNING THE PRIZE. Submission of a Post Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform, adapt, edit, and/or modify the Post Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
7. Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, corrupted, inaccessible/blocked, or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery or proof of entry.
8. Sponsor reserves the right to disqualify any entrant’s Entry in the Sweepstakes or eligibility to win the prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
9. Prize will be awarded to the individual who submitted the Entry. If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address and/or social media account associated with the Entry into the Sweepstakes (as applicable) and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address/social media account by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
10. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes or any dispute between the Entrant and Sponsor, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky without regard to any conflicts of law principles. All entrants consent to the jurisdiction and venue of the courts located the Commonwealth of Kentucky in Fayette County and, in doing so, waive any right of inconvenient venue, forum non conveniens or the like. To the fullest extent permitted by law, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Fayette County, Kentucky. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes, if any), and participant further waives all rights to have damages multiplied or increased.
11. Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes. In the event of cancellation/modification/suspension, Sponsor reserves the right to select the winner from among all eligible, non-suspect Entries received up to time of such cancellation/modification/suspension 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 will be posted on the Sweepstakes site. In no event will the Sponsor be liable for more than the stated number of prizes.
12. Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications which are failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, the offering or announcement of the prize, or in any Twitter, or Facebook posting or prize notification documents (including filtering or other operation of the functionality of Twitter, or Facebook); or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's computer system or mobile device occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
13. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities will be disqualified (and his/her Entry declared void) and will forfeit the prize.
14. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal by a court of competent jurisdiction, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein, nor will such determination affect the validity of the balance of these Official Rules.
15. No Affiliation with Twitter, Inc. or Facebook, Inc.: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc., Facebook, Inc., Ronald McDonald House Charities of the Bluegrass, or any other named or depicted people or entities other than Sponsor. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.
16. Sponsor: Cocoon International Sales, LLC, 1000 Tempur Way, Lexington, KY 40511
17. Administrator: Promosis, Inc., 18 Prospect Street, Marblehead, MA 01945
18. Winners List: For the name of the winner, available until March 31, 2017, mail a standard-size postcard, only, with your return address to: Cocoon by Sealy “My Favorite Thing” Sweepstakes II Winners List, P.O. Box 38, Marblehead, MA 01945. Do not send any other correspondence to this address.
© 2016 Promosis, Inc.