About Us
No purchase necessary to enter or win a prize in this Sweepstakes. A purchase will not increase your chances of winning. Void in Florida, New York and where prohibited by law.
Each winning Nominee (defined below) may be required to execute prize acceptance documents and return them within five (5) days from date of issuance of notification or prize may be forfeited (in Sponsor’s sole discretion), as more fully detailed below.
By entering this Sweepstakes, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation and to the fullest extent permissible by law, this contract includes indemnities to the Sponsor (defined below) from you and a limitation of your rights and remedies. By participating, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements.
Nominators must have consent from the Nominees they enter into this Sweepstakes before creating a Video and submitting an entry. Sponsor may require the Nominator (defined below) for a winning Nominee to cooperate with Sponsor during the Sweepstakes and each Nominator agrees to cooperate as requested.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, Inc. (“Instagram”), YouTube, LLC (“YouTube”) or Twitter, Inc. (“Twitter”) .
OVERVIEW: The SleepFoundation.org Sleep Transformation Gift of Sleep 2022 Giveaway (“Sweepstakes”) is a nomination-based promotion and is sponsored by One Care Media LLC, 1414 NE 42nd Street, Suite 400, Seattle, WA 98105. (“Sponsor”). Eligible individuals (“Nominees”) may be nominated by completing and submitting a nomination in one of four (4) ways: (1) via email [email protected], (2) via Twitter, (3) via Instagram, or (4) via YouTube (collectively, the “Entry Sites”) as further described in the “How To Enter” section below beginning at 12:00:00 a.m. Eastern Time (“ET”) on March 7, 2022, through 11:59:59 p.m. ET on April 5, 2022 (“Nomination Period”). Anyone 18 or older may nominate an eligible Nominee. Each person who nominates a Nominee is referred to in these Official Rules as a “Nominator.” Nominees may nominate themselves. Nominations must be received by Sponsor no later than 11:59:59 p.m. Eastern Time (“ET”) on April 5, 2022 (“Entry Deadline”). Sponsor will randomly select five (5) Nominees as the potential winners in accordance with these Official Rules as detailed under the “Winner Selection/Notification” section below. Prizes will be awarded to the winning Nominees. All taxes in connection with receipt of a prize will be the responsibility of the Nominees, as applicable.
ELIGIBILITY:
Anyone who is at least eighteen (18) years old may nominate an individual in this Sweepstakes.
Nominees in this Sweepstakes must be a natural person who is: (i) a legal resident of the United States or the District of Columbia (excluding New York and Florida) (the “Territory”); (ii) at least eighteen (18) years old on the date of nomination in this Sweepstakes; and (iii) employed in the field of nursing (“Nurse”).
Employees, officers, directors, members, managers, agents, and representatives of Sponsor and family members of such individuals (or people living in the same household whether related or not), any of their subsidiaries or affiliates, any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Sweepstakes, or any of their respective parent companies, divisions, subsidiaries or affiliates (defined below) (the “Released Parties”) are not eligible to be a Nominee. For purposes of this Sweepstakes, the term “family member” is defined as spouse, partner, parent, legal guardian, in-law, grandparent, child, or grandchild.
All determinations regarding a Nominee’s eligibility will be made by Sponsor in its sole discretion. If at any point a dispute arises as to a Nominee’s satisfaction of the eligibility criteria, or its decision-making process for management and development matters, Sponsor may disqualify that Nominee and will have no liability to such person.
HOW TO ENTER: THERE ARE FOUR (4) WAYS TO ENTER
Nominator may nominate themselves, if they are an eligible Nominee, or Nominators may nominate another person who is an eligible Nominee. To nominate an eligible Nominee, during the Entry Period, create a brief original video (at least 30 seconds and no longer than 2 minutes in length) of your Nominee (“Video”). The Video must explain why you are thankful for the service of the nurse you have nominated, what, in your opinion, makes them special or unique as a nurse and how they would benefit from a better night of sleep. As part of your Video, please include the Nominee’s first name, city and/or state and the number of years they have been in the nursing profession (if known), and explain how the Nominee you have submitted would benefit from a better night’s sleep (collectively, “Video Content”). Do not include any other personal information about the Nominee in the video. Videos can be submitted in one of the following (4) ways:
- Email: Send an email to [email protected] and put “Gift of Sleep 2022 Giveaway” in the subject line, and in the body of the email provide a link to the Video.
- Twitter: Post a tweet with a link to your Video with the hashtag #GiftofSleepEntry and tag @SleepFoundationOrg. You may also tag the Nominee’s Twitter handle in the tweet. Entries made via Twitter must comply with Twitter’s Rules available at https://help.twitter.com/en/rules-and-policies/twitter-rules and Twitter’s Terms of Service available at https://twitter.com/en/tos.
- Instagram: Create a post on Instagram with your Video and include the hashtag #GiftofSleepEntry and tag @SleepFoundationOrg in the accompanying post copy. You may also tag the Nominee’s Instagram handle in the post.
Entries made via Instagram must comply with Instagram’s Terms of Service available at http://instagram.com/about/legal/terms/ and Instagram’s Community Guidelines available at https://help.instagram.com/477434105621119.
- YouTube: Upload your Video to your public YouTube channel with the title of the video listed as “Sleep Foundation Gift of Sleep Sweepstakes”. Entries made via YouTube must comply with YouTube’s community guidelines available at https://www.youtube.com/howyoutubeworks/policies/community-guidelines/ and YouTube’s Terms of Service available at https://www.youtube.com/t/terms.
Limit: One (1) entry per Nominator/person regardless of the method of entry. Subsequent attempts made by the same individual to submit multiple entries in violation of this condition by using multiple accounts or by any other method or mean are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified.
Privacy settings for Nominator’s Video must be set to public during the Nomination Period and through prize fulfillment. Nominations must be received and identifiable by Sponsor during the Nomination Period or they will be void.
For Nominations submitted via Instagram or Twitter: Nominator is responsible for ensuring Nominator’s account settings permit Sponsor to see Nominator’s Nomination. Nomination post must remain active on the applicable social media platform and viewable to Sponsor through winner selection and prize award for this Sweepstakes. Purported Nominations that are not both actually visible and received by Sponsor during the Nomination Period will not be entered into the Sweepstakes. Each Nominee must be the rightful owner of the applicable social media account, and corresponding email account, utilized for entry. Nominator is not required to follow Sponsor, however Sponsor is not responsible for Nominator’s inability or failure to see any communication from Sponsor.
Each submission identifying an eligible Nominee that is completed and submitted in accordance with the terms of these Official Rules and all instructions of Sponsor is referred to in these Official Rules as a “Nomination.” By taking any steps to submit a Nomination, each Nominator agrees to these Official Rules and represents and warrants they have consent of the Nominee they enter into this Sweepstakes. Nominator agrees to provide Sponsor with written confirmation of such consent upon request.
Nominators who do not follow all of the instructions, provide a Video with the required Video Content, or include required tags (for entry via Instagram or Twitter) or Video title (for YouTube) in their entry and/or abide by these Official Rules or other instructions of Sponsor may be disqualified (as well as such Nominator’s Nominee) in Sponsor’s sole discretion. All Nominations must comply with the “Submission Requirements” detailed in that section below. As a Nominator, you may only submit one (1) Nomination for any Nominee. A person may not pay or otherwise improperly influence (as determined by Sponsor) a third party to submit a Nomination for them. Nominations must be submitted and received by Sponsor during the Nomination Period and in strict accordance with the instructions and restrictions on the Entry Sites, and in these Official Rules. Nominations must be submitted and received by Sponsor, as described above, no later than the Entry Deadline in order to be considered in this Sweepstakes.
The Entry Sites’ database clocks will be the official timekeepers for this Sweepstakes. For purposes of this Sweepstakes, only Nominations that are actually received by Sponsor in accordance with these Official Rules will be considered. Other proof of submitting or attempting to submit a Nomination (such as, without limitation, a screenshot of a purportedly submitted Nomination) does not constitute proof of actual receipt of the Nomination for purposes of this Sweepstakes. Nominators, Nominees, and Nominations that do not abide by these Official Rules, the instructions of Sponsor (including those on the Entry Sites) or that do not provide all required information may, in Sponsor’s sole discretion, be disqualified. Nominations, or other participation may not be acknowledged and will not be returned. Nominations (or participation that does not qualify as a “Nomination”) that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Nominees must be a natural person and any purported Nomination identifying an entity as the Nominee will be disqualified. Nominations originating at any web site other than the Entry Sites, including, without limitation, through commercial promotion subscription, notification, or entering services, will be declared invalid and disqualified for this Sweepstakes. With respect to a potentially winning Nomination, the potential winner may be required to provide proof that he or she is the Nominee identified in the corresponding Nomination. If a dispute cannot be resolved to Sponsor’s satisfaction, the Nomination will be deemed ineligible. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each Nominator and Nominee gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. NOMINATIONS WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF ANY NOMINATION. ANY NOMINATION THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
SUBMISSION REQUIREMENTS
For purposes of these Official Rules, all content submitted by a Nominator or Nominee (including, but not limited to, the Video, Nomination and any pictures, images, descriptions, writings, explanations accompanying the Video and/or Nomination) is referred to as the “Nominee Content.” All Nominee Content in this Sweepstakes must meet all of the following requirements (as determined by Sponsor in its sole discretion) or it will be disqualified and the purported Nominee will not be considered in this Sweepstakes:
- Nominee Content must be entirely in English.
- Video must comply with the technical requirements of the website hosting the video (e.g. YouTube, Vimeo, etc.) and Nomination must abide by any technical restrictions set forth on the Entry Sites.
- Video must be at least 30 seconds; Video must be no longer than 2 minutes.
- If any part of the Nominee Content depicts or includes any party other than Nominee or Nominator, Nominator must have all rights and permissions from the individual depicted (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those rights and permissions upon request.
- Nominee Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
- Nominee Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of the Nominee.
- All aspects of the Nominee Content must be originally created by and solely owned by Nominator or Nominee or in the public domain. All third-party content and content unoriginal to Nominator or Nominee is prohibited, unless that content is in the public domain.
- Nominee Content must be suitable for presentation in a public forum.
- Nominee Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Nominee Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, slanderous, libelous (including trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Nominator, Nominee, Released Party, or third party.
- Nominee Content must not contain or describe any harmful or illegal activity or content or in any way violate any laws, rules, or regulations.
- Nominator or Nominee (as applicable) agrees that their submission of the Nominee Content in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Nominee Content will not violate any agreement to which Nominator or Nominee, respectively, is a signatory or party.
- Nominator or Nominee (as applicable) hereby warrants that their Nominee Content is in full compliance with these Official Rules and agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Nominee Content submitted by such person that is authorized under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes and/or refrain from displaying or publishing any Nominee Content that (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with these requirements or these Official Rules.
WINNER SELECTION AND ODDS
Following the close of the Nomination Period, five (5) potential winners will be selected in a random drawing from among all eligible Nominations received. The drawing will be held within approximately seven (7) business days of the close of the Nomination Period. Odds of winning depend on the number of eligible Nominations received for the Sweepstakes. Sponsor has no obligation to publicly announce or promote Nominees or submitted Videos. Sponsor reserves the right to contact Nominators and Nominees for verification purposes and administration of the Sweepstakes. There is a limit of one (1) prize per Nominee in this Sweepstakes. In the event there are fewer than five (5) eligible Nominations received in this Sweepstakes, Sponsor reserves the right to award fewer prizes.
Sponsor or its designee will attempt to notify the potentially winning Nominees and/or corresponding Nominators, in Sponsor’s sole discretion, on or around April 8, 2022. If Nomination includes the Nominee’s social media handle, Sponsor may attempt to contact the Nominee on the social media platform via comment or direct message. Sponsor may also, or in lieu of contacting Nominee, contact the Nominator who submitted the potentially winning Nomination (via email, or comment to the Nomination post or direct message, if submitted via Instagram, Twitter or YouTube, all in Sponsor’s sole discretion) to provide contact information of Nominee. If Sponsor contacts Nominator, Nominator must provide valid contact information, with Nominee’s approval, within the stated timeframe or Nomination may be disqualified. Sponsor is not responsible for Nominator’s failure to provide timely, accurate contact information.
Potential winners must respond to Sponsor’s winner notification within the states time period or prize may be forfeited. The potential prize winners will, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable), and return (at winner’s own cost) an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), a confidentiality agreement and tax documents, (collectively, “Winner Documents”), any or all of which may require the potential winner to provide their Social Security Number, and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Winner Documents, if applicable, must be received by Sponsor from the potential winner within five (5) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Winner Documents, or prize may be forfeited and an alternate winner may be selected. As part of the winner verification process, potential winner may be required to provide proof of employment in the nursing field to Sponsor’s satisfaction. If any notification or other Sweepstakes-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner. The Nomination, prize claim and Winner Documents, and any documents required by Sponsor are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): Subject to verification, five (5) winners will each receive a Gift of Sleep Prize Package consisting of sleep coaching and sleep-enhancing products with a total value up to $4,000. Winners will be able to select sleep-enhancing products from a list provided by Sponsor which will include a selection of items including a mattress, bed frame, pillows, window shares, a noise-cancelling machine, humidifier, blue light glasses and a sleep-tracking wearable. Sleeping-tracking wearable may require a paid subscription not included in the prize. Maximum ARV per Gift of Sleep Prize Package: $4000. Total maximum ARV of all prizes: $20,000.
Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. All federal, national, state, and local taxes (including income taxes), as well as any expenses arising from acceptance or use of the prize, are the sole responsibility of the winners. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. Any mailed prize elements will only be mailed to addresses in the Territory. If a winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or any portion thereof with another prize or component of equal or greater value for any reason. Sponsor is not obligated to award more than the stated prizes. Nominees waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption of any prize and waive the right to assert a claim for any liability and publicity which might arise from claiming or seeking to claim said prize.
LICENSE: By entering, except where prohibited by law, each Nominator or Nominee (as applicable and, in either case, the “Licensor”) grants to the Released Parties, and their agents, successors, and assigns (“Licensees”), the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, publish, adapt, and exploit the content of and elements embodied in any Nominee Content submitted by such person, in perpetuity and in any and all media (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation. Each Licensor agrees that the Licensees may, but are not required to, attribute the Nominee Content to Licensor. Each Licensor waives and releases the Licensees from any and all claims that Licensor may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Licensees’ exploitation of the Nominee Content without further notification or compensation to Licensor of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensees, each of their respective licensees, or any other person in connection with this Sweepstakes, on the grounds that any use of any Nominee Content (or any derivative works thereof) infringes or violates any of Licensor’s rights (including MORAL RIGHTS) therein.
Each Licensor acknowledges and agrees that nothing in these Official Rules will require a Licensee to use the Nominee Content in part or in whole or to include the Nominee Content in any Licensee-related property, including, without limitation, any Licensees’ web site or any other online or offline property. Each Licensor hereby acknowledges and agrees that the relationship between the Licensor and each of the Licensees is not a confidential, fiduciary, or other special relationship, and that the Licensor’s decision to submit his/her Nominee Content for purposes of the Sweepstakes does not place any of the Licensees in a position that is any different from the position held by members of the general public with regard to elements of the Nominee Content (including, as applicable and without limitation, the Entry Sites, Video), other than as set forth in these Official Rules. Each Licensor understands and acknowledges that Licensees have wide access to ideas, images, and other creative materials. Each Licensor also acknowledges that many ideas may be competitive with, similar to, or identical each other described in their Nominee Content or other aspects of the Nominee Content in idea, components, format, or other respects. Each Licensor acknowledges and agrees that such Licensor will not be entitled to any compensation as a result of a Licensee’s use of any such similar or identical material that has or may come to the Licensee from other sources. Each Licensor acknowledges and agrees that Licensees do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Licensor’s copyright in and to any materials included as part of his/her Nominee Content. Each Licensor acknowledges that, with respect to any claim by Licensor relating to or arising out of a Licensee’s actual or alleged exploitation or use of any Nominee Content or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Licensor will not be irreparable or otherwise sufficient to entitle such Licensor to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Licensee property or production, and Licensor’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH NOMINATOR AND EACH NOMINEE AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES, TWITTER, INC., INSTAGRAM, INC. AND YOUTUBE, LLC FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN THIS SWEEPSTAKES OR THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. NOMINEE AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HERINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE Prize, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH NOMINATOR AND NOMINEE AGREES TO RELEASE AND HOLD HARMLESS THE SPONSOR AND THEIR PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, DIVISIONS, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, SUB-CONTRACTORS, SUPPLIERS, DISTRIBUTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CREATION OF YOUR CONTENT, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH NOMINATOR AND NOMINEE UNDERSTANDS THAT THEY MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, NOMINATOR AND NOMINEE ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, U.S.A., AND ANY SIMILAR LAW IN ANY JURISDICTION, WHICH PROVIDES AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
ADDITIONAL DISCLAIMERS: The Released Parties are not liable to winner, any Nominator or Nominee, or any person claiming through such winner, Nominator, or Nominee, for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) proves to be invalid), equipment failure, actual or threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the Nominator or Nominee, or by human or other error: Nominations or s that are submitted by illegitimate means or Nominations in excess of the stated limit; lost, late, incomplete, misdirected, stolen, garbled, incomprehensible, or illegible Nominations, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; address changes of Nominators or Nominees or Nominations not received in accordance with these Official Rules; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; technical, hardware, or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic or other communications; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; or technical or human error which may occur in the administration of the Sweepstakes or the processing or evaluation of Nominations. If for any reason a Nominator’s Nomination is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, that person’s sole remedy is to submit another Nomination (as applicable) in the Sweepstakes. Released Parties are not responsible for: (i) electronic communications that are undeliverable or do not timely reach a participant as a result of any form of active or passive filtering of any kind, (ii) any incorrect contact information supplied by Nominator or Nominee in a Nomination (iii) insufficient space in a participant’s email account or voicemail inbox to receive email or voicemail messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of the Sweepstakes if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, and award the prizes from eligible, non-suspect Nominations (if any) received prior to cancellation, modification, or suspension, or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible and will have no liability for any purported Nomination or Video that is removed from the applicable hosting platform reason at any time, including content that would otherwise qualify as a Nomination, in response to such content being “flagged” or reported as inappropriate. The Released Parties are not responsible for any changes to or unavailability of a social media or video-hosting platform that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions placed upon Sponsor’s ability to use such platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of a Nominator to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry or winner selection processes or the operation of this Sweepstakes, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains a prize by fraudulent means, is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, or assists another in doing any of the preceding acts, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Nominators and Nominees agree to not damage or cause interruption of the Sweepstakes or the Entry Sites and/or prevent others from participating in the Sweepstakes or using the Entry Sites. Sponsor reserves the right, in its sole discretion, to void a Nomination submitted by any Nominator who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor reserves the right to restrict or void Nominations or other participation from any IP address, email address or social media account if any suspicious Nomination, and/or other participation is detected. CAUTION: ANY ATTEMPT BY A NOMINATOR, NOMINEE, OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL: By participating, and as a condition of participation, each Nominator and Nominee, in their personal capacity, agrees to the use of their name, voice, likeness, biographical data and/or information contained in their Nominee Content for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Released Parties, without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Nominator/Nominee waives any right to inspect or approve such use).
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or disqualification of purported Nominations, selection and verification of potential winners, and awarding of the prizes. By participating, each Nominator and Nominee, in their personal capacity, agrees to be bound by these Official Rules and the decisions of Sponsor. If any provision of these Official Rules shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, it will be resolved in Sponsor’s sole discretion. EACH NOMINEE ACKNOWLEDGES THAT IF THEY ARE CHOSEN AS A WINNER, CERTAIN OF THEIR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER LIST MADE AVAILABLE TO MEMBERS OF THE GENERAL PUBLIC.
GOVERNING LAW/JURISDICTION: EACH NOMINATOR AND NOMINEE (IN THEIR PERSONAL CAPACITY AGREES THAT THESE OFFICIAL RULES AND THEIR PARTICIPATION IN THE SWEEPSTAKES SHALL BE RESOLVED EXCLUSIVELY BY THE COURTS OF WASHINGTON. AND ANY CLAIMS, JUDGMENTS, OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS GIVEAWAY, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and sponsors in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions (whether of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Washington. The courts of Washington shall be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All participants and winners agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Washington and waive the right to Sweepstakes jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Further, in any such dispute, under no circumstances will Nominator, or Nominee be permitted or entitled to obtain awards for, and hereby waives all rights to claim incidental or consequential damages, and the aggregate liability of the Released Parties will not exceed TEN U.S. DOLLARS ($10 USD), and they further waive all rights to have damages multiplied or increased.
PRIVACY: Personal information collected from Nominators and Nominees will be used to administer the Sweepstakes as described above and in accordance with the www.sleepfoundation.org Privacy Policy, available at https://www.sleepfoundation.org/.
RULES/WHO WON?: A copy of these Official Rules and information about who won is available by sending an email with the subject line “Gift of Sleep Sweepstakes – Who Won?” or “Gift of Sleep Sweepstakes – Rules” (as applicable) to [email protected]. Rules requests must be received no later than the Entry Deadline. Requests for winner information must be received no later than three (3) months after the Entry Deadline. Only one (1) request per email will be fulfilled.
SPONSOR: One Care Media, LLC, 1414 NE 42nd Street, Suite 400, Seattle, WA 98105.