BEDTIME NETWORK’S “FRIENDS HELP FRIENDS SLEEP BETTER” CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Contest: The Friends Help Friends Sleep Better Contest (the “Contest”) will begin on March 6, 2013 and end on March 31, 2013 in accordance with the guidelines below. Bedtime Network LLC (“Sponsor”) is the Sponsor of this Contest.
2. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years old. Employees of Sponsor, its subsidiaries, and affiliate companies as well as immediate family (spouse, parents, siblings and children) and household members of each such employee (whether or not related) are not eligible. Corporations, partnerships or other entities are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
3. How to Enter: Participants will log on to http://www.bedtimenetwork.com/friends-dont-let-friends-lose-sleep-contest and sign up for Bedtime Network’s “Snoozeletter.” Participants will also “like” Bedtime Network on Facebook. Signing up for the “Snoozeletter” and “liking” Bedtime Network on Facebook makes participant eligible to win First Prize or Second Prize.
By using a personalized link provided by Sponsor, participant may tell one or more people about the Contest. If participant causes at least one additional person to enter the contest then participant is eligible to win the Grand Prize.
4. Prizes: One (1) Grand Prize Winner, three (3) First Prize Winners and five (5) Second Prize Winners will be determined by a random drawing from all eligible entries and will occur on or about the week of April 15, 2013. Winners are responsible for all taxes and fees associated with receipt and/ or use of the Prizes. All Prize details are at Sponsor’s sole discretion. The Prizes are non-transferable. The Prizes will be fulfilled 6-8 weeks after the Contest and the potential winners have been verified and complied with these Official Rules. Actual odds of winning depend on the number of eligible participants. Following is a brief description of the prizes:
Grand Prize: Personalized consultations with six (6) Bedtime Network experts. These private consultations will take place either in-person in New York City or via telephone or Skype/Face Time at a time and place to be mutually agreed upon by each applicable Bedtime Network expert and the Grand Prize Winner. In the event that these consultations take place in New York City, the Winner is responsible for any and all costs associated with his/her transport/travel into and out of New York City to attend these consultations.
First Prize: One (1) Bedtime Beats iHome and Clock Radio
Second Prize: Bedtime Beats cd collection and one (1) pair of bedphones
5. Release: Acceptance of the Prize shall constitute and signify the Winners’ agreement and consent that Sponsor and its designees may use the Winners’ name, city, state, biographical information, likeness, and/or Prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Potential winners may be required to complete an Affidavit of Eligibility/Release of Liability and related tax forms, including a 1099 form, and, if legally permissible, a publicity release within ten (10) days of attempted notification. Each participant hereby releases and holds harmless, the Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and its officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, liabilities, cost and expenses (including reasonable counsel fees and legal expenses), losses and judgments arising out of or incurred in connection with (a) any breach of these Official Rules; (b) the acceptance, possession, use or misuse of the Prize; or (c) participation in this Contest or any Contest related activity.
6. Limitations of Liability: Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the Contest; (b) technical failures of any kind, including malfunctions, interruptions, delays or disconnections in phone lines, network communications, hardware or software; (c) unauthorized human intervention in any part of the Contest; (d) computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Designs, the announcement of the Prize or in any Contest-related materials; (e) late, lost, undeliverable, damaged or stolen mail or email; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use or misuse of the Prize. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EACH RELEASED PARTY’S ENTIRE LIABILITY UNDER IN CONNECTION WITH THIS CONTEST SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000). The parties agree that the limitations specified in this Section will apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor at its sole discretion. Sponsor, it its sole discretion, reserves the right to disqualify any participant it finds may be tampering with the process or the operation of the Contest 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 Contest may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
8. Disputes: All issues and questions concerning construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Except where prohibited by law, each participant agrees that all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States
District Court for the District of New York or the appropriate New York State Court.