Tempur-Pedic Better Night’s Sleep Contest Rules

TEMPUR-PEDIC BETTER NIGHT’S SLEEP CONTEST

OPEN ONLY TO INDIVIDUAL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: Open only to individuals who are legal residents of the 50 United States and the District of Columbia 18 years of age or older.  Employees, contractors, directors and officers of Tempur-Pedic (“Sponsor”) and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest collectively, (“Contest Parties”), and the immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and any person living in the same households of each.

By participating, Entrants agree to these Official Rules and to the decisions of the Judges, whose decisions are final and binding in all respects.  All applicable federal, state and local laws and regulations apply. AS A CONDITION OF ENTRY, ALL ENTRANTS MUST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES AND THE SITE TERMS AND CONDITIONS PRIOR TO SUBMITTING AN ENTRY.

2. TO ENTER: Create a video that shows a compelling connection between sleep and overall well being [or what you would achieve by getting a better nights’ sleep].  Video must be less than 60 seconds in length, and must contain the following contest tags:

• Tempur-Pedic
• TEMPUR-Cloud
• Sleep
• Mattress
• Health

Upload the video to YouTube and share a link to your video within the comments section of this post between 12:00:01 p.m. ET on July 15, 2010 and 11:59:59 a.m. ET on July 26, 2010 (“Contest Entry Period”),

3. CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by uploading and entering a Submission, Entrant warrants and represents that the Submission (a) is original and has been legally created by Entrant, (b) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (c) has not been entered in or won previous contests or awards; and (d) has not been published or distributed previously in any media. Entrant represents that he/she owns all rights to his/her Submission, including, without limitation, the copyrights in the recording and the performance contained therein. Entrant further represents and warrants that the Entrant has obtained permission from each person whose name, image, likeness or voice (“Likeness”) is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person’s Likeness as described in these rules, and that Entrant can provide such permissions to the Sponsor upon request. If the Likeness of a minor is included, such grant of rights must include permission from the minor’s parent or legal guardian authorizing the use of the minor’s likeness on behalf of the minor. By sharing a link in the comments section of RhodeyGirl Tests you accept that you agree to all of these terms and conditions.

By posting your Submission on YouTube and sharing a link to your video in the comments section of RhodeyGirl Tests, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant’s Submission, including, but not limited to, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using the Entrant’s name) in any and all media now known or hereafter invented without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of the submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Entrant’s Likeness or statements. Entrant agrees to indemnify and hold Sponsor, its agencies and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Entrant’s Submission, or the Entrant’s conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any elements, characters or ideas contained in any submission.

4. JUDGING: All qualifying entries received during the Contest will be judged according to the following criteria: 1) Alignment with theme (25%); 2) Creativity (25%); 3) Use of contest tags (25%) and 4) Entertainment value (25%).  In the event of a tie, the tied entries will be re-judged under the same criteria.  If still tied, the entry with the highest score in entertainment value will be named the higher ranked entry.

Additional Requirements: The video must not exceed 60 seconds in length, including any tags, and must be primarily in English. Once a video is completed and submitted, that Submission is final and may not be modified or edited. No Submissions will be returned. The person named as the registered owner of the YouTube account will be associated with the Submission and that person will be deemed the entrant (“Entrant”). In the event of dispute regarding the identity of an Entrant, dispute will be resolved in favor of the individual who is the “authorized e-mail account holder” of the YouTube account submitting the video.  “Authorized e-mail account holder” is defined as the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If any group of individuals elects to collaborate on a Submission, they are required to designate in a writing signed by all members of the group prior to the Submission one (1) representative to enter the Contest and accept the prize on behalf of the group.

       Submissions may not contain or refer to any brand names other than TEMPUR-PEDIC.

       Submissions may not contain or refer to any alcoholic beverages.

       Submissions may not contain or refer to any illegal activity.

       Any elements in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be 1) entirely original, created and performed by you, or 2) be in the public domain. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original or in the public domain may result in disqualification of Submission, in Sponsor’s sole discretion.

       All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these rules. Submissions that do not comply with the YouTube Terms of Use or these Official Rules or that otherwise contain prohibited or inappropriate content or language as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize.  Sponsor also reserves the right to take legal action or request a video be removed if posted on an inappropriate Web site or contains inappropriate language, determined by the Sponsor, in its sole discretion.

SELECTION OF WINNERS: Round 1: Submissions will be initially judged by Sabrina of RhodeyGirl Tests who will evaluate each eligible Submission based on the judging criteria and the top five (5) entries will be designated as the Semi-Finalists. Semi-Finalists will be judged by a panel of judges of Daniel J. Edelman employees on the same judging criteria and will select two (2) finalists.  The finalists will be judged by a panel of Sponsor employees using the same judging criteria and will choose one winner.  The Grand Prize winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of all required documents (described below). Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.

PRIZES:

ONE (1) GRAND PRIZE: One TEMPUR-Cloud-Supreme mattress in the size of winner’s choice.   ARV of queen mattress is $2699, ARV of twin mattress is $1799.

GENERAL CONDITIONS: Winner will be required to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment and, where lawful, a Publicity Release.  All completed documents must be returned to Sponsor within five (5) days of date notice was sent or at Sponsor’s discretion the prize will be forfeited and an alternate Semi-Finalist winner chosen. Winner is solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prize is nontransferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process, the operation of the Contest, or any Sponsor; (b) violating the Official Rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Sponsor reserves the right to require a grand prize winner to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an e-mail account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web site. Use of Web site is at user’s own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s Computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Parties are not liable in the event that any portion of the Contest or scheduled winner event is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). Should a Force Majeure Event occur, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to make a reasonable substitution in its sole discretion.

Winner List: For a list of the Grand Prize winner send a self-addressed, stamped, #10 envelope to: Gabrielle Reynolds at Edelman, 200 East Randolph Drive, Fl 63, Chicago, IL, 60601. Requests must be received no more than two weeks following the winner announcement.

Sponsor: Tempur-Pedic Management, Inc., 1713 Jaggie Fox Way, Lexington, KY 40511

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