Sleep Soundly Sweepstakes
Tempur-pedic Sound Sleep Mattress Sweepstakes Terms & Conditions
Sound Sleep Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF 48 US/DC, 18 YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE 48 UNITED STATES OR THE DISTRICT OF COLUMBIA.
- Eligibility: The Sound Sleep Sweepstakes (the “Sweepstakes”) is open to: legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding Hawaii and Alaska) who are at least eighteen (18) years of age or older. Employees, contractors, directors, officers, and agents of Kane’s Furniture (“Sponsor”), its parent company, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and all other service agencies involved with the Sweepstakes, including Tempur-Pedic North America, LLC, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such individual (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and 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: Kane’s Furniture, 5700 70th Ave N., Pinellas Park, FL 33781
- Sweepstakes Period: The Sweepstakes begins on July 24, 2020 at 8:00 am Eastern Time (“ET) and ends on August 14, 2020 at 8:00 am ET (the “Sweepstakes Period”). The Sweepstakes Period shall consist of one (1) separate entry period.
All entries must be received during the Entry Period start/end time in order to be eligible for such Entry Period.
- How to Enter: During the Sweepstakes Period, access the Sweepstakes registration form at https://www.kanesfurniture.com/pages/mattress-sweepstakes complete and submit the entry form with your name, email address, phone number, address, and/or any other information requested by Sponsor to receive one (1) entry into the Entry Period corresponding to when you submitted the entry. Individuals who do not follow all of the instructions, provide the required information, submit the registration form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.
Limit: One (1) entry per person/e-mail address during each Entry Period.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
- Drawing: The Sponsor will randomly one (1) winner from among all eligible entries received during the Entry Period. Odds of winning a prize depend on the number of eligible entries received for the Entry Period. NON-WINNING ENTRIES FROM ONE ENTRY PERIOD SHALL NOTROLL INTO SUBSEQUENT ENTRY PERIODS. There will only be Entry Period prizes, there is no grand prize.
On or around three (3) days after selection of the potential Entry Period winner, potential winner will be notified via email at the email address and/or phone number provided during entry into the Sweepstakes. Potential winner is subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. After the winner is verified, winner shall select the prize as set forth in these Official Rules. Winner must allow at least two weeks from the time of prize selection for Tempur-Pedic® to process the product order and schedule delivery of the prize. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- Prize (1):One (1) winner from the entry Period (for a total of 1 winner) will each receive a Tempur-Pedic® mattress. Winner will choose from select Tempur-Pedic® mattresses in one of 3 sizes Twin XL, Queen or King). Available mattress models are: Tempur-Adapt Medium and Tempur-Adapt Medium Hybrid. Prize includes the foundation for the selected mattress ($1,899- $4,099 Approx. Retail Value). Product to be selected online by August 20, 2020 Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value for any reason. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. In the event the prize cannot be awarded or fulfilled by Sponsor for any reason, including safety, health or welfare concerns, Sponsor reserves the right (but has no obligation) to award a substitute prize. If winner is outside of Kane’s Furniture normal delivery area, winner is responsible for full cost of delivery.
- Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Sweepstakes Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
- Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
- General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, 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 the entries.
Sponsor reserves the right to cancel, postpone, suspend, modify, and/or extend the Sweepstakes, or any part of it, if it determines (in its sole discretion) that the Sweepstakes is: impaired or corrupted, fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, including any entry mechanism, if it determines, in its sole discretion, that: (i) it is technically impaired or corrupted, (ii) it has or may experience fraud or technical problems, failures, or malfunctions, or (iii) any other causes beyond Sponsor’s reasonable control have destroyed, undermined, or to any degree impaired the integrity, administration, security, proper play, safety, success, and/or feasibility of the Sweepstakes or its prize as contemplated herein. In the event Sponsor is prevented from awarding the prize or continuing with the Sweepstakes by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is cancelled as set forth herein, Sponsor may elect to select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
- Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Pinellas County, Florida.
- Winner’s List: For a list of winners, mail a self-addressed, stamped envelope marked as “Sleep Better Sweepstakes” to: 5700 70th Ave. N., Pinellas Park, FL 33781, ATTN: Tempur Sweeps/Mktg. Requests must be received by October 31st, 2020.