The Original Bedhead Contest Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: The Original Bedhead Photo Contest is open only to those 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of The United States (excluding Alaska and Hawaii), and is void where prohibited by law. Employees of The Original Mattress Factory, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of The Original Mattress Factory as final and binding as it relates to the content of this Campaign.
Campaign Period: Entries will be accepted online starting on Monday, October 19, 2020 12:00 AM Eastern Standard Time (“EST”) and ending Sunday, November 22, 2020 at 11:59 PM EST (the “Contest Period”). All online entries must be received by Sunday, November 22, 2020 at 11:59 PM EST. The winner will be selected on or before Monday, November 30, 2020.
How to Enter: The Campaign must be entered by submitting an entry using the online form provided at http://facebook.com/originalmattress or hashtagging on Instagram or Twitter. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of The Original Mattress Factory. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of The Original Mattress Factory. During the Contest Period, you can enter the Contest by one or all of the following methods of entry:
- Via Facebook: To enter via Facebook, access the “#OriginalBedhead” tab on The Original Mattress Factory Brand Page on Facebook located at https://www.facebook.com/originalmattress (the “Contest Site”) and follow the instructions to complete the entry form and upload your Submission to the Contest Site. Your Submission must include a Photo Caption in addition to completing the entry form. You must complete and submit the entry form as instructed to be eligible. Once you complete the entry form and upload your Submission, you will be entered into the contest.
- Via Instagram/Twitter: To enter via Instagram/Twitter, post a Photo that complies with the Submission Requirements mentioned herein with the hashtag #OriginalBedhead (the “Instagram/Twitter Hashtags”). If entering by Instagram/Twitter, you must keep your profile public during the Contest Period and you must also be following Sponsor’s Instagram/Twitter feed @OMFOriginal. Any photo tagged with the Instagram/Twitter Hashtags and includes a Photo Caption on Instagram/Twitter may be eligible for the Contest. Once you upload your Submission to Instagram/Twitter using the Instagram/Twitter hashtags, you will be entered into the contest. Your Submission must include the Instagram/Twitter Hashtags in order to be eligible. By using the Instagram/Twitter Hashtags in connection with your Instagram/Twitter post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram/Twitter API or otherwise use your post as set forth in its online Terms and Conditions.
All elements (i.e., Photo, entry form, personal information, Hashtag #OriginalBedhead, Photo Caption, and/or description) of your entry (regardless of method of entry) are collectively referred to herein as the “Submission” or “Entry”. Once you enter your Submission, your entry is considered final and may not be modified. Only Submissions entered via any of the aforementioned methods of entry will be accepted. By entering your Submission, you acknowledge and agree that Sponsor may receive many Submissions in this Contest and that such other Submissions may be similar or identical in theme, idea, format or other respects to your Submission and you waive any and all claims you may have had, may have, and/or may have in the future that any Submission (including but not limited to: any caption, photograph and/or ideas) accepted, reviewed and/or used by the Sponsor, the Judges, their affiliates, or their respective officers, directors, employees and agents may be similar to or the same as your Entry. Contestants acknowledge and agree that the Sponsor, Judges, their affiliates, and their respective officers, directors, employees and agents do not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non- infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in and to Contestant's Submission. By entering a Submission, each Contestant agrees that he or she has no right to bring (and covenants not to bring) any claim, action, or proceeding of any kind or nature whatsoever relating to the Contest or the Submission against the Sponsor, the Judges, their affiliates, and their respective officers, directors, employees and agents, and any individual or company involved in the development or execution of this Contest.
Limit: Entrants may submit one (1) photo entry per social media account (one (1) for Facebook and one (1) for Instagram/Twitter) during the Contest Period. Any attempt to abuse or manipulate entries may result in disqualification at Sponsor’s sole discretion.
1) Be an original Photo, displaying their Original Bed Head; 2) Contain a Photo Caption describing the Photo’s content and story behind the Photo; 3) Be the original creation of the entrant and solely owned by entrant (Modification of an existing work does not qualify as original) 4) In addition, Photo must not include any unauthorized third party intellectual property, general property or products. Additionally, a Submission cannot defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or otherwise infringe upon any copyrighted, trademarked, or patented works or person’s personal or proprietary rights. Photo may also not contain, as determined by Sponsor in its sole discretion, any content that is sexually explicit or suggestive, violent or derogatory, profane or pornographic, or contain nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about Sponsor, other companies or people; contains any personal identification (other than as provided on the entry form); contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or violates any law. Submissions deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules will be void. The name of the “authorized account holder” associated with any given email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Proof (to Released Parties satisfaction) of being the authorized account holder may be required by Released Parties. Released Parties are not responsible for lost, incomplete, late, damaged, garbled, undelivered, inaccurate or misdirected entries, photos or descriptions; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, Internet Service Provider (ISP), cable, satellite, server or other connections; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Contest; printing, typographical or other errors appearing within these Official Rules or in any Contest related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Contest, the processing of entries, the announcement of the prizes, or in any other Contest-related materials. The use of automated entry or similar devices as specifically set forth above is prohibited and entries through such prohibited devices are void. By entering this Contest, entrants give their express permission to be contacted by Sponsor by telephone, email and/or postal mail for promotional purposes only.
Prizes: The Winner of the Campaign (the “Winner”) will receive an $1,000 gift certificate to The Original Mattress Factory. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by The Original Mattress Factory. No cash or other prize substitution shall be permitted except at The Original Mattress Factory's discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for The Original Mattress Factory to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Odds: The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification: Winner will be selected by The Original Mattress Factory. Winner will be notified by e-mail within seven (7) days following selection of Winner, as set forth in the Campaign Period Section of these Official Rules. The Original Mattress Factory shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT THE ORIGINAL MATTRESS FACTORY‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that The Original Mattress Factory, anyone acting on behalf of The Original Mattress Factory, and The Original Mattress Factory’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of The Original Mattress Factory. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless The Original Mattress Factory from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which The Original Mattress Factory may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms & Conditions: The Original Mattress Factory reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond The Original Mattress Factory’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, The Original Mattress Factory may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by The Original Mattress Factory. The Original Mattress Factory reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. The Original Mattress Factory has the right, in its sole discretion, to maintain the integrity of the Campaign, to void submissions for any reason, including, but not limited to: the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, The Original Mattress Factory reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, You agree to release and hold harmless The Original Mattress Factory and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNTES STATES AND THE STATE OF OHIO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Cuyahoga County, Ohio having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: The Original Mattress Factory, 4930 State Rd, Cleveland, OH 44134 USA.
Sponsor: The Original Mattress Factory, 4930 State Rd, Cleveland, OH 44134 USA
Non-Association: The Campaign hosted by The Original Mattress Factory is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter or Instagram.
Questions: Please direct any questions regarding this Contest to [email protected]