CONTEST OFFICIAL RULES
Sponsored by DreamCloud, LLC (“Sponsor”).
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest begins on [February 20th] at 12:00 AM Pacific Time (PT) and ends on March 19th at 11:59 PM PT the (“Contest Period”).
The #MyNECTARMattress Story (the “Contest”) is open to legal residents of the fifty (50) United States and Washington D.C., who are at least 18 years old as of the date of entry who have an active e-mail account. Employees of Sponsor and its respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, and individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Contest Period, and their respective immediate family members and persons living in their same household, are not eligible to enter in the Contest.
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. VOID WHERE PROHIBITED.
The Contest will consist of three (3) phases, as detailed below:
* Entry Period – Begins on [February 20th] at 12:00AM PT and ends on March 9th at 11:59 PM PT. All Submissions must be submitted to Sponsor by the end of the Entry Period to be validly entered into the Contest.
* Public Voting Period – Public Voting for the Submissions begins on March 12th at 12:00 AM PT and ends on March 16th at 11:59 PM PT.
* Announcement of Winners –The Contest winners will be announced on or about March 19th.
2. To Enter:
You may enter the Contest as follows:
(i) Visit the Contest homepage located at [https://www.nectarsleep.com/contest] (the “Contest Website”) and follow the instructions on the Contest Website;
(ii) Submit the entry form and attach the video ([at least 15 seconds in length]) or photograph (a “Submission”);
(iii) Post your Submission to Facebook, Twitter, Instagram and/or YouTube (each, a “Social Media Platform”) using the hashtag #MyNECTARMattress.
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
3. Submission Requirements:
By entering a Submission, you represent and warrant that each Submission: (i) is your original creation and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy (“Intellectual Property Rights”), or violate any applicable law or regulation; (ii) has not been previously awarded a prize, or award during any other contest or promotion sponsored by Sponsor or any third party; or (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent and does not show illegal or other inappropriate or dangerous behavior.
If a Submission does not meet the criteria described in these Official Rules, Sponsor may disqualify and discard the Submission either immediately or at any time. By entering a Submission, you acknowledge that Sponsor may obtain other Submissions that are similar or identical in theme, format or other respects to that submitted by you. You acknowledge that Sponsor does not waive any rights to use ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant, which may be similar to your Submission. You also agree that Submissions may or may not be posted on the Contest Website or on the Sponsor’s website, in Sponsor’s sole discretion. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties.
ALL SUBMISSIONS MUST BE FINALIZED AND SUBMITTED BEFORE 11:59:59 PM PT ON MARCH 9th.
4. Rights in Submissions Granted by You:
Sponsor does not claim any ownership rights in your Submission and nothing in these Official Rules will be deemed to restrict any rights that you may have to use and exploit your Submission. By entering the Contest and/or submitting any Submission, you hereby grant to Sponsor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through multiple tiers), to use, copy, adapt or modify for format only, distribute, reference, store, cache, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Submission in any form, medium or technology now known or later developed, in whole or in part, for any purposes. The rights you are granting to Sponsor include without limitation the right to incorporate Submissions into marketing campaigns, and the right to sublicense these rights to third parties for distribution via third-party distribution channels, selected by, but not affiliated with, Sponsor, for both commercial and non-commercial purposes, which may include viral distribution of your Submission. You agree that neither Sponsor nor any third party distribution channels have any obligation to provide any compensation to you for your Submission or the licenses granted herein.
5. Judgement of Submissions and Selection of Winners:
After the Entry Period ends, Sponsor will select the top ten (10) Submissions (the “Top Ten Submissions”) in accordance with and based on the criteria described below. These Top Ten Submissions will then be made available to the public for viewing via the Contest Website during the Public Voting Period. Visitors to the Contest Website will be allowed to vote for the Submission of their choice once per day, taking into account the judgement criteria described below, each day of the Public Voting Period. Anyone wishing to vote must enter their name and valid e-mail address, and complete the online registration form on the Contest Website.
All qualified Submissions will be judged by Sponsor’s head of marketing, visual director, and social media team, who are experts in the fields of marketing, media advertising, creative design, and video content creation. During the Entry Period for all Submissions, and then for the Top Ten Submissions after the Public Voting Period, the Submissions will be judged according to the following: [(i) quality of media (lighting, audio, video length, photo resolution, composition) (35%); (ii) emotional appeal (humor, sentimentality, etc.) (30%); and (iii) adherence to contest theme (35%).] The judges will also take into account the results of the voting that occurred during the Public Voting period when determining the winners, which are selected from the Top Ten Submissions. The decisions of the judges will be final. If any ties must be broken to determine the winners, the judges will choose the tied Submission that adheres to contest theme most of the submission.
Winners will be notified by e-mail.
6. Prizes and Odds: The prizes to be awarded from the Contest are as follows:
(a) One (1) First Place Prize: Macbook Pro retail value of approximately $1299 (US) per winner.
(b) One (1) Second Place Prize: iPad Pro retail value of approximately $649 (US) per winner.
(c) Eight (8) Third Place Prizes: Apple Watch retail value of approximately $329 (US) per winner.
The odds of winning a prize depend on the total number of eligible Submissions received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
Total value of all prizes to be awarded: $4,580 (U.S.).
7. Notification of Winners:
Winners will be notified by e-mail within [five (5)] business days of the winners’ selection, and may be required to sign and return an affidavit of eligibility and publicity/liability release within [seven (7)] days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible Submissions timely submitted. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the e-mail account specified in the Submission. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
8. Risk Allocation:
The Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or Submissions, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
You agree to indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any third party claims made in connection with your Submissions, or any representations and warranties made by you in connection with your Submissions; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest.
IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Additional Conditions:
Except where prohibited, by participating in the Contest, you consent to the use of your name, photo and/or likeness, biographical information, and statements attributed to you as an entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, the Contest website at [https://www.nectarsleep.com/contest] and Sponsor’s homepages at https://www.nectarsleep.com/, without additional compensation.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrants. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in the state and federal courts located in the Northern District of California.
10. Personal Information:
11. Winner’s List, Official Rules:
For a list of prize winners, send an email message to email@example.com with “Winner’s list” as the email subject and contest name specified in the body of the e-mail. Requests must be received within four (4) weeks of the end of the Contest Period.
12. Sponsor’s Address:
500 Alexander Park
Princeton, NJ 08540.