NECTAR PILLOW SUMMER GIVEAWAY 2019
Sponsored by Nectar Brand LLC (“Nectar Sleep”)
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM. NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN.
Sweepstakes begins on July 15, 2019 at 9:00AM EST and ends on July 19, 2019 at 9:00PM EST (the “Promotion Period”).
The Nectar Pillow Summer Giveaway 2019 Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents, eighteen (18) or older, who have an active e-mail account and Internet access as of the date of entry. Employees of Nectar Sleep and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Nectar Sleep through an outsourcer or temporary employment agency during the Sweepstakes period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). VOID WHERE PROHIBITED.
2. Agreement to Rules:
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BE FULLY UNCONDITIONALLY BOUND BY THESE RULES, AND YOU REPRESENT AND WARRANT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 1 OF THESE RULES. IN ADDITION, YOU AGREE TO ACCEPT THE DECISIONS OF NECTAR SLEEP AS FINAL AND BINDING AS IT RELATES TO THE CONTENT. THE SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.
3. How To Enter:
During the Promotion Period, you can enter the Sweepstakes by completing both of the following tasks: 1) following the Nectar Sleep Instagram account (“@NectarSleep”); and 2) tagging at least one (1) other Instagram account in a comment on the original Nectar Sleep Nectar Pillow Summer Giveaway 2019 Instagram post (“the Instagram Post”). Entries that do not meet both of the conditions above will be deemed ineligible to win. Once you have completed both of the above tasks, you may also tag additional Instagram accounts in a comment on the Instagram Post to receive additional Entries. Please note that you will receive one (1) additional Entry per one (1) additional Instagram account tagged in a comment on the Instagram Post.
Setting up a Facebook and/or an Instagram account is free. Your Facebook and/or Instagram account must be public or you will not be able to participate or be eligible to win. If you do not have a Facebook and/or Instagram account, go to www.Facebook.com or www.Instagram.com and follow the links and instructions to create one subject to terms determined by Instagram.
Entry Limit: Limit one (1) Instagram account per Entrant for use to enter the Sweepstakes during the Promotion Period. You may not create multiple accounts using multiple identities to enter this Sweepstakes.
Use of any automated system to participate is prohibited and will result in disqualification. We are not responsible for Entries that we do not receive for any reason, or for Entries that we receive but are not decipherable for any reason. We will automatically disqualify: any incomplete or illegible Entry; and any Entries that we receive from you that are in excess of the entry limit and do not satisfy the requirements described above.
4. Prize Drawing:
All Sweepstakes Entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on July 22, 2019 at 9:00AM EST at the Nectar Sleep offices at 35 East 21st Street, Floor 6, New York, NY 10010. The drawing will be conducted by a computer program that randomly chooses the winners from all eligible Entries received and the random selections are final and binding. The winners will be selected at random from among all eligible Entries received.
5. Prizes and Odds:
The prizes to be awarded from the Sweepstakes are as follows:
Five (5) Grand Prize Packages – each Grand Prize Package will consist of one (1) Nectar Pillow, a retail value of seventy-five dollars ($75) (USD).
The total retail value of all Sweepstakes prizes, collectively, is three hundred seventy-five dollars ($375) (USD).
Winners, once selected, will receive their respective prize via Nectar’s standard shipping processes. Winners will be contacted by the Nectar Sleep team during the week of July 22, 2019 via the Instagram account used in their original Entry to acquire shipping address and any additional required information. Nectar Sleep will cover all costs of shipping the prizes to their respective winners. Once a winner receives his or her prize, Nectar Sleep is not responsible for, and will not replace, the prize in the event of loss, theft or any other damage.
The odds of winning one of the prizes depends on the total number of eligible Entries received. No cash or other substitution of the prize is permitted, except at the sole option of Nectar Sleep for a prize of equal or greater value. The winner is solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to the prize.
6. Notification of Winners:
The winners will be notified by direct message via Instagram on or around July 22, 2019. To collect a prize, winners may be required to sign and return an affidavit of eligibility and publicity/liability release. If a selected winner cannot be contacted, is ineligible, fails to claim the prize, and/or where applicable fails to sign an affidavit of eligibility and publicity/liability release upon request, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized Instagram account holder. “Authorized Instagram Account Holder” is defined as the natural person who is assigned to the 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 that was used to create the Instagram account used in the Entry.
7. General Rules:
By entering the Sweepstakes, you agree to be bound by these Official Rules. The Sweepstakes is offered by Nectar Sleep, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable Entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) unauthorized access to or alterations of Entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. You acknowledge and agree that your use of your e-mail provider, Facebook, and Instagram may be subject to their respective terms and conditions.
By entering the Sweepstakes, you further agree to release, indemnify, defend and hold Nectar Sleep 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 Sweepstakes, 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 Sweepstakes or acceptance or use of the prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Nectar Sleep’s control that may cause the Sweepstakes to be disrupted or corrupted; (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 Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
IN NO EVENT WILL NECTAR SLEEP 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 SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT NECTAR SLEEP 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.
8. Additional Conditions:
Except where prohibited, by participating in the Sweepstakes and/or winning a prize, entrants/winners consent to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrants/winners (if true) for advertising and promotional purposes, including without limitation, inclusion in Nectar Sleep’s newsletters, the Sweepstakes website at https://www.nectarsleep.com/p/contest-rules/ and Nectar Sleep’s homepage at www.nectarsleep.com, without additional compensation.
Nectar Sleep reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised, without liability to the entrant. Nectar Sleep reserves the right to disqualify any entrant or winner, as determined by Nectar Sleep, in its sole discretion. The decisions of Nectar Sleep are final and binding on all matters pertaining to the Sweepstakes.
9. Governing Law and Choice of Forum:
These Official Rules are governed by the law of the State of California, excluding rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in Santa Clara County, California.
10. Personal Information:
11. Winner’s List, Official Rules:
For a list of prize winners or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to Nectar Sleep Nectar Pillow Summer Giveaway 2019 Sweepstakes, Nectar Brand LLC, 35 East 21st Street, Floor 6, New York, NY 10010 or (for Winner’s list only) send an email message to firstname.lastname@example.org with “Winner’s list” as the email subject and sweepstakes name specified in the body of the e-mail.
12. Sponsor Address:
801 California Street, Mountain View, CA 94041.