JCPENNEY AND TEMPUR-STEARNS&FOSTER GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state regional, provincial, and local laws, regulations, and ordinances. Sweepstakes begins on October 14, 2020 at 12:00:01 a.m. Eastern Time (“ET”) and ends on October 26, 2020 at 11:59:59 p.m. ET (the “Sweepstakes Period”). THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC. OR TWITTER, INC.
1. ELIGIBILITY: The JCPENNEY AND TEMPUR/STEARNS&FOSTER GIVEAWAY (the “Sweepstakes”) is open to legal United States (“U.S.”) residents who are physically residing in one of the 48 contiguous United States (including the District of Columbia, excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are at least eighteen (18) (nineteen years of age in Alabama and Nebraska, twenty-one years of age in Mississippi) or older as of the start of the Sweepstakes Period (“Entrant,” “Nominator,” or “You”). Tempur/Sealy International, Inc. and J. C. Penney Corporation, Inc. (“Sponsors”), their subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers and each of their employees, officers, and directors (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, and each of their respective spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Both Nominator and Nominee (as that term is defined below) must meet all eligibility requirements. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsors’ 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. All entrants must have access to the Internet prior to the start of the Sweepstakes. Sponsors reserve the right to verify the eligibility of winners.
2. SPONSORS: Tempur-Pedic North America, LLC, Sealy Mattress Manufacturing Company, LLC, 1000 Tempur Way, Lexington, KY 40511 J. C. Penney Corporation, Inc., 6501 Legacy Drive, Plano, TX 75024
3. HOW TO ENTER: To enter, Nominator must make a post on Facebook and/or Instagram and/or Twitter (the “Entry Post”) nominating a friend or family member who is a medical professional, military or first responder (the “Nominee”), defined as doctors, nurses, laboratory technicians or technicians similarly working in a medical setting, medical researchers, respiratory therapists and similar providers of patient services, EMTs, firefighters, military or law enforcement officials. Nominators must know the person they are nominating personally, or their entry will not be counted; you may, with the consent of the Nominee, tag them. Do not nominate someone if they do not consent to being nominated. The Entry Post must (1) include the Nominee’s full name, (2) tag Sponsors as @tempur.sealy and @jcp, and (3) include the hashtag #ShareMyHeroSweepstakes.
• For Facebook: To enter, Nominators should respond to the Sweepstakes Post on either Sponsors’ Facebook Page at https://www.facebook.com/tempur.sealy/ and/or https://www.facebook.com/jcp/ with their own Entry Post nominating someone they know who is a first responder or medical professional and include the hashtag #ShareMyHeroSweepstakes , tagging Sponsors as @tempur.sealy and @jcp. You must be a member of Facebook to enter; if you do not have a Facebook account, you can get one for free at www.facebook.com.
Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If Entrant chooses to submit an entry via his or her web-enabled mobile device, data rates may apply. See the applicable wireless service provider for details on rates and capabilities. Entry Posts, comments and any other content submitted or uploaded to any social media sites or other public sites in connection with this Sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsors or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s’ brands; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any length limits imposed by the Sweepstakes Entities or any third party social media site; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. The Sweepstakes Entities reserve the right in their sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes. If the Content Submission contains an identifiable person other than the Nominator who submitted the Entry Post/Content Submission, including but not limited to the Nominator, by submitting the Entry Post/ Content Submission, the Nominator represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and Nominator may be required to provide written consent to the Sweepstakes Entities’ use of the Content Submission.
By participating in this Sweepstakes, Nominator acknowledges and agrees that he or she will clearly and conspicuously disclose that Nominator is participating in this Sweepstakes in the Entry Post and any online social sharing interaction that references the Sweepstakes or that is used to obtain entries in connection with this Sweepstakes. At a minimum, the hashtag #ShareMyHeroSweepstakes should be included in all social media communications sent pursuant to the Sweepstakes. Sponsors reserve the right in their sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
Entries that do not include any required hashtag and tags and/or messages not received by Sponsors will not be eligible and will be disqualified. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or Facebook/Twitter/Instagram account. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsors’ discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Facebook/Twitter/Instagram account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded.
4. SELECTION OF WINNERS: On or about October 27, 2020, Sponsors will select the names of sixteen (16) potential Grand Prize winners of the prizes in a random drawing from among all entries received with eligible Nominee submissions. The odds of winning are based on the number of eligible entries received. The Nominators of the potential Grand Prize winners will be notified by Facebook Twitter or Instagram post and/or direct message (depending on how they entered) on or about October 28,2020; Nominators will then be asked to contact the potential Grand Prize winning nominee they nominated for validation purposes. Each potential Grand Prize winner must then validate their eligibility as a medical professional or a first responder pursuant to these Official Rules. If the potential Grand Prize Winner has not been validated within two (2) weeks another winner will be selected. Except where legally prohibited, each potential Grand Prize winner must confirm eligibility and sign and return, within seven (7) days of being notified, a Prize Acceptance form (the “Prize Acceptance Form”) and provide any other information or documentation the Sponsors may ask them to provide. Failure to respond or complete the Prize Acceptance Form as directed may result in forfeiture of the prize. If a potential winner or Nominator cannot be contacted or refuses to sign any documentation that Sponsors request that they sign, or if potential Grand Prize winner cannot be contacted by Nominator or by Sponsors electronically or via telephone and/or registered mail, or if potential Grand Prize Winner fails to sign and return the Prize Acceptance Form or any other documentation that Sweepstakes Entities may require within the required time period (if applicable), or if potential Grand Prize winner rejects prize or is disqualified for any reason, Sponsors will select and award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsors are unable to determine and verify all potential Grand Prize winners after repeated attempts or if Sweepstakes Entities fail to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsors reserve the right to not award all prizes.
5. PRIZES: Sixteen (16) Grand Prizes will be awarded. Each Grand Prize consists of either: (1) a Stearns & Foster mattress or (2) a Tempurpedic mattress. Approximate Retail Value (“ARV”) of each Grand Prize: $2,000. Total ARV of all prizes to be awarded: $30,000. Limit one (1) prize per person and per household.
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsors reserve the right to make equivalent prize substitutions at its sole discretion. Sponsors will choose the brand and model of mattress to award to winner. Sponsors will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other Sweepstakes or offer. 6. GENERAL CONDITIONS: Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the social media site or website associated with the Sweepstakes. Sponsors and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsors. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsors may, in their sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, Facebook, Twitter, Instagram and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, AND WITH THE EXCEPTION OF ANY STANDARD MANUFACTURER’S WARRANTIES PROVIDED WITH THE PRIZE(S), EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSORS, THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT ALL CONTENT SUBMISSIONS THAT ENTRANT MAY SUBMIT TO SPONSORS OR OTHERWISE POST IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR FACEBOOK, TWITTER, INSTAGRAM OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSORS PRIVACY POLICIES (AVAILABLE AT https://www.jcpenney.com/m/privacy-notice AND http:///WWW.TEMPURSEALY.COM/PRIVACY.HTML), ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSORS SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH CONTENT SUBMISSIONS. SPONSORS SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE CONTENT SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS TO SPONSORS AND THEIR LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE IN PERPETUITY THE CONTENT SUBMISSION IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSORS DO USE THE CONTENT SUBMISSION, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE CONTENT SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE CONTENT SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S CONTENT SUBMISSION OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSORS. ENTRANT FURTHER AGREES THAT IF SPONSORS ESLECTS TO USE ENTRANT'S CONTENT, SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE CONTENT SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE CONTENT SUBMISSION.
9. DISPUTES. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the District of Kentucky or the appropriate State Court located in Fayette County, Kentucky; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
10. Any personal information sent to, shared with or collected by Sponsors in connection with this Sweepstakes is subject to Sponsors’ privacy policies, found at https://www.jcpenney.com/m/privacy-notice and http://www.tempursealy.com/privacy.asp, and you understand that you are providing such information to Sponsors and not to Facebook, Twitter, Inc., or Instagram, Inc. Sponsors and Sponsors’ agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsors, such as to notify them of a product or Sweepstakes that Sponsors think may be of interest.
11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit https://www.jcpenney.com/m/mattress-giveaway For a list of winners available send a self-addressed, stamped envelope for each sweepstakes promotion are available by sending an e-mail to firstname.lastname@example.org. Be sure to include SHAREMYHEROSWEEPSTAKES WINNERS and the start and end dates of the sweepstakes promotion you are inquiring about in the subject line. Winners’ list requests must be received by no later than February 26, 2021.
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