SMITH VILLAGE FURNITURE #ALWAYSCOMFORTABLE CONTEST!
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
SPONSORS. Smith Village Furniture #AlwaysComfortable Contest (“Contest”) is sponsored by Serta, Inc., 2600 Forbs Avenue, Hoffman Estates, IL 60192 and Smith Village Furniture 34 N. Main St. York, PA 17407 (“Sponsors”). The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. All inquiries, questions, comments, or complaints should be directed to Sponsors, not Facebook, Inc.
CONTEST PERIOD. Contest begins November 13, 2016 at 9:00 a.m. CST, and ends November 26, 2016 at 11:59 p.m. CST. The Contest computer, as determined by Sponsors in their sole discretion, is the official time keeping device for the Contest.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsors’ decisions which are final and binding in all matters related to the Contest. Winning a prize (described below) is contingent upon fulfilling all requirements set forth herein.
ELIGIBILITY. Legal residents of the 50 United States, and the District of Columbia, who are 18 years of age (or the age of majority in their state of residence whichever is older) or older are eligible to enter, except (1) employees of Sponsors and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address; and (2) individuals who entered a promotion sponsored by Sponsors and received a promotion prize valued at $600 during the period of November 13, 2015 through November 12, 2016.
ENTRY. How to enter:
Enter via Facebook by visiting Smith Village Furniture Facebook page at www.facebook.com/SmithVillage (the “Website”) and submit your ‘test rest’ photo on a Serta Mattress by posting on RETAILER FACEBOOK page. Entries must include the hashtags #AlwaysComfortable and #Contest.
Entries become the property of Sponsors and will not be acknowledged or returned. Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant; (ii) may not have been submitted in any other competition, (iii) may not have been published; (iv) may not infringe upon any third party's rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (v) may not violate any law, rule or regulation; (vi) may not contain any virus, bugs, or other deleterious material; and (vii) may not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group. Each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the entrant to disqualification in Sponsors’ sole discretion.
ODDS. Odds of winning depend on the total number of eligible Entries received during the Contest Period. As this is a contest of skill, winning is dependent upon the quality of entries received and the skill of the individual entrants. When you enter the Contest online, you can also opt-in to receive promotional offers and emails from Sponsors. You can opt-out of receiving such offers and emails at any time and opting-in does not impact your chances of winning. Note, however, that Sponsors may still communicate with you using electronic means in relation to your participation in the Contest.
LIMIT ON ENTRIES. Limit one (1) Entry per person, per calendar day.
WINNER SELECTION. At the end of the each Round, a qualified panel of judges will judge eligible entries received during the Contest Period on the basis of the following criteria:
Originality (25%): How creative and inventive was the content of entrant’s Entry?;
Product Showcase (25%): How relevant to the Contest theme is the Entry?;
Composition of Photograph (25%): How well did the entrant compose the photograph?; and
Overall Impact (25%): How well did the entrant feature the Serta mattress in the photograph?
Each Entry will then be awarded a score from 0 (poor) to 100 (perfect) in each category. Sponsors will weight and tally all of the scores for each entry and then rank them according to cumulative score. The winners will be selected based on these rankings. The entrant with the highest overall score will be the provisional Grand Prize winner. The entrants with the next two (2) highest overall scores will be the provisional First Prize winners.
In the event of a tie, the winner will be the entry among the tied entries with the higher score in the criterion of Originality. In the event of a further tie, that tie will be broken based on the highest score for Product Showcase. Decisions of judges are final and binding in all respects. Being named a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Winners will be announced approximately one week after the close of the Contest Period.
Winners will be notified by Sponsors by email, tweet and/or direct message within three (3) days after the close of the Contest Period and will asked to provide his/her full name, shipping address, phone number and email address. If potential winner fails to respond to Sponsors’ email, tweet and/or direct message within two (2) days of the message, the respective prize winner will be disqualified and the entrant with the next highest score will be the potential winner for that respective prize.
Two (2) First Prizes: Each First Prize winner will receive their choice of two (2) Serta pillows, one (1) Serta Luxury Fleece blanket (size of choice) and one (1) Serta Counting Sheep Plush Toy The approximate retail value (ARV) of each First Prize is $362.
One (1) Grand Prize: One (1) Grand Prize winner will receive a $1000 Visa/Mastercard (or similar) prepaid gift card. Gift card is subject to issuer’s terms and conditions. ARV of the Grand Prize is $1,000.
ARV of all prizes is $1,724. Any difference between the stated ARV and the actual value, if any, will not be awarded.
Sponsors reserve the right to substitute a prize of equal or greater value for any reason whatsoever. The prizes are nonassignable and nontransferable. Winners are solely responsible for payment of all federal, state and local taxes on the prize value awarded and for all costs and expenses not specified herein, related to any merchandise prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the merchandise prize are the sole responsibility of the Winners.
Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access our Website or services, (ii) use any manual process to monitor or copy any of the material on our Website or services or for any
other unauthorized purpose without the prior written consent of Serta, (iii) use any device, software or routine that interferes with the proper working of our Website or services, (iv) attempt to interfere with the proper working of our Website
or services, (v) take any action that imposes an unreasonable or disproportionately large load on Serta's infrastructure, or (vi) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once
during any three (3) second interval.
LIMITATIONS ON PRIZES. Limit one prize per entrant. Sponsors reserve the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsors will determine all elements of prizes in its sole discretion. Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsors.
PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. SPONSORS DISCLAIM ALL AND ANY LIABILITY FOR THE ACTUAL PROVISION, QUALITY OR NATURE OF ANY THIRD PARTY PRODUCT OR SERVICE ACCEPTED BY THE WINNERS.
Each winner will may also be required to sign a declaration and release form (the “Release Form”) confirming compliance with the Official Rules, acceptance of a prize as awarded, without substitution, and releasing Facebook, Inc. the Sponsors, their affiliated and related companies, advertising and promotional agencies, the independent contest organization and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with a prize or the Contest. The Release Forms must be returned within the time period specified on the Release Form or the prize will be forfeited. Delivery of the prizes will be coordinated with the winners by the Sponsors, upon receipt of the Release Form.
The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules. Entrants understand that Sponsors are not liable for injuries, losses or damages of any kind arising from participation in this Contest and acceptance, possession and use of prize. Sponsors is not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prizes. Decisions of Sponsors are final and binding in all respects.
DISPUTE RESOLUTION. Except where prohibited, by participating Contest entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsors and their agents shall be governed by and construed exclusively in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Illinois and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Serta or any third party is strictly prohibited, and may be prosecuted to the fullest extent of
OTHER. Sponsors assume no responsibility for entries Sponsors are unable to process due to network, hardware or other technical failures, or any other reason, or incomplete, damaged, misdirected, illegible, stolen or lost entries. Sponsors reserve the right, in their sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise, in violation of the rules. CAUTION: Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such individual to the fullest extent permitted by law.
Sponsors reserve the right to disqualify any non-conforming entries. Sponsors further reserve the right, in their sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsors reserve the right to select winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of an established e-mail account associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email 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 email address.
GENERAL. Except where prohibited by law: (i) entry constitutes permission and a license to use entrant’s Entry (including the entrant’s photograph) on Sponsors’ web sites and third party social media websites for commercial purposes without compensation; (ii) entry constitutes permission to use each winner’s name, hometown, voice, likeness, photograph and any statements regarding this Contest for editorial, public relations, promotional and advertising purposes on behalf of Sponsors without compensation; and (iii) potential winners may be required to complete and return an Affidavit of Eligibility/Ownership/Liability Release, and Copyright Assignment within ten (10) days of notification or the entry with the next highest score may become an alternate winner. If winner notification is returned as undeliverable, the entry with the next highest score may become an alternate winner. By participating and winning a prize, winner releases Facebook, Sponsors, and their parents, affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents from any and all liability with respect to the prize won and participation in the contest, subject to all federal, state, provincial and local laws and regulations. Void where prohibited. Taxes on prizes are sole responsibility of winner. For winners’ names, available after November 30, 2016, send a separate, self-addressed, stamped envelope to Serta International, 2600 Forbs Avenue, Hoffman Estates, IL 60192 Attn: Smith Village Furniture #AlwaysComfortable winners. VT residents may omit return postage. Requests must be received no later than December 31, 2016.