T&N Month of Birthday Giveaways Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR

PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID IN 50 UNITED STATES AND

THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED.

SPONSOR: The “Month of Birthday Giveaways" Sweepstakes (the “Sweepstakes”) is sponsored by

Fosbrooke, Inc. dba Tuft & Needle, 735 Grand Ave., Phoenix, Arizona 85007 (“T&N” or “Sponsor”).

ELIGIBILITY: To enter the Sweepstakes, you must, as of the start of the Sweepstakes Period (defined

below), (i) be a legal resident of the 50 United States or the District of Columbia, (ii) be above the age of

majority in your place of residence, and (iii) submit a valid entry. Employees, officers and directors of

Sponsor or any authorized retailer of Sponsor’s products, their advertising and promotion agencies, and

their respective parent companies, affiliates, franchisees, subsidiaries and agencies, and their immediate

families (parents, siblings, children and spouses of each, regardless of where they live) and members of

the households (whether related or not) of such employees, officers and directors, are ineligible to

participate in this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws

and is void where prohibited.

SWEEPSTAKES PERIOD: Entries must be submitted between 12am MST on August 1, 2018 and 3PM

MST on August 31, 2018 (“Sweepstakes Period”). Sponsor’s clock, or that of its designee, shall serve as

the official timekeeper for the Sweepstakes.

HOW TO ENTER: To enter, participants must, during the Sweepstakes Period, do the following:

 Visit one of Sponsor’s social media pages or profiles on Instagram, Facebook, or Twitter and

locate the post(s) about the Sweepstakes (each a “Sweepstakes Post”);

 Click the link in the Sweepstakes Post to visit the Sweepstakes landing page;

 Complete the entry form on the landing page to submit your entry.

After entering, participants will be shown a list of actions they can take on social media to receive

additional entries. Complete one or more of these social actions to receive additional entries into the

Sweepstakes. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with

Instagram, Facebook or Twitter.

SELECTION AND NOTIFICATION OF THE PRIZE WINNER: On or about September 4, 2018, Sponsor

or its designee will conduct a random drawing to select thirty one (31) potential winners from among all

eligible entries received during the Sweepstakes Period. Following a drawing, T&N will contact the

potential winner via Instagram, Facebook or Twitter direct message. If a potential winner does not

respond to the message and claim the prize within three (3) business days thereafter, then such person

may be disqualified and an alternate potential winner may be selected via random drawing, if time

permits. All potential prize winners must provide a shipping address and any other documentation

requested by Sponsor for prize fulfillment; failure to provide such information in a timely manner may

result in disqualification and selection of an alternate potential winner, at Sponsor’s sole discretion and if

time permits. NOTE: Potential winner may be subject to verification by Sponsor, whose decisions are final

and binding in all matters related to the Sweepstakes. An entrant is not a winner of any prize unless and

until entrant's eligibility has been verified and entrant has been notified that verification is complete.

PRIZE AND APPROXIMATE RETAIL VALUES (“ARV”): Thirty one prize winners will be eligible to receive

an original T&N Mattress, size of the winner's choice. The ARV of each prize is $700. The aggregate

retail value of all prizes to be awarded is $21,700.00. A maximum of one (1) prize may be claimed during

the Sweepstakes Period per prize winner. Sponsor will ship the prize to the U.S. street address specified

by prize winner. Odds of winning a prize depend on the number of eligible entries received during the

Sweepstakes Period. No transfer, substitution or cash equivalent for prize is allowed, except at Sponsor’s

sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater

monetary value if the prize or any portion of the prize cannot be awarded, in whole or in part, as

described for any reason. Actual retail value of prize or prize components may differ from stated ARV and

Sponsor will not award any difference between actual value and ARV. Actual prize may differ from any

promotional images. All prize winners are responsible for all federal, state, or local taxes associated with

prize acceptance. All standard terms and conditions of sale apply. See

https://www.tuftandneedle.com/legal/terms/ for additional details.

DISQUALIFICATION: If an entrant and/or prize winner is found to be ineligible, does not comply with the

Official Rules, fails to provide any information or documentation required in connection with prize

fulfillment, or is found to have acted in a manner inconsistent with the fairness or integrity of the

Sweepstakes, or the image and reputation of the Sponsor, then such entrant will be disqualified and an

alternate potential winner may be selected via a random drawing from among all eligible entries received

during the Sweepstakes Period, in Sponsor’s sole discretion and if time permits.

PRIVACY: Entry in the Sweepstakes, and/or the claiming of a prize, constitutes consent to the transfer of

the personal information collected from the entrant to the Sponsor for the purposes of administering the

Sweepstakes and for such other purposes to which entrant or prize winner may consent as outlined

herein or on the Sweepstakes website. All information submitted to Sponsor as part of this Sweepstakes

will be treated in accordance with the terms and conditions of service located at

https://www.tuftandneedle.com/legal/terms/ and the privacy policy located at

https://www.tuftandneedle.com/legal/privacy/.

PUBLICITY: By accepting a prize, all winners grant to the Sponsor the right, without limitation, to use the

recipient’s name, city, state, likeness, photo, and/or statements, whether oral or written (collectively,

“Licensed Content”), for promotional, advertising or other purposes, and to display the Licensed Content

in any media now known or hereinafter developed, including, but not limited to, Sponsor’s website(s)

and/or social media account(s). Participants further agree to grant to the Sponsor a world-wide, royalty

free, non-exclusive, perpetual, irrevocable license to reproduce and use the Licensed Content for any

purpose whatsoever without compensation or further permission, including but not limited to an

irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to

assign, sub-license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display,

copyright, create derivative works or otherwise exploit the Licensed Content for commercial or non-

commercial use, and without compensation to the participant.

SWEEPSTAKES CONDITIONS: By entering (or claiming a prize), each entrant (and/or prize winner)

agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and

by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the

Official Rules or any other documents required by Sponsor herein, (b) to indemnify, defend and hold

harmless Sponsor, Instagram, Facebook, Twitter, and their respective employees, officers, directors,

shareholders, representatives, agents, parent companies, affiliates, franchisees, subsidiaries and

agencies (collectively, “Released Parties”), from and against any and all liability, claims, losses, damages,

demands, causes of action, penalties and expenses arising out of or related to any statement, action or

failure to act by entrant (and/or prize winner) during or in connection with his/her participation herein

and/or any breach or alleged breach of these Official Rules or of any other documents required by

Sponsor and, (c) not to sue and to hereby irrevocably and unconditionally release, discharge and hold

harmless the Released Parties from any and all liabilities, claims and demands of any kind or nature

whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-

interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties,

including, but not limited to claims arising out of or related to personal injury (including death) and/or

damage, theft, loss or any other harm, resulting in whole or in part, directly or indirectly, from (i)

participation in the Sweepstakes or any Sweepstakes related activity, (ii) the acceptance, possession,

misuse or use of the prize, (iii) the use of any of the rights granted herein (including, without limitation, the

Licensed Content), (iv) any error in the collection or retention of entry information, and (v) any

typographical or other error in the printing, offering or announcement of any prize.

LIMITATIONS OF LIABILITY: The Released Parties are not responsible for (i) lost, late, stolen, damaged,

illegible, misdirected, or incomplete entries; (ii) typographical or system/human errors and failures which

may limit an entrant’s (and/or prize winner’s) ability to participate. The Released Parties are also not

responsible for any error in the collection, processing or retention of entry information. WITHOUT

LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING

REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS 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.

TERMINATION/SUSPENSION/MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes

is not capable of running as planned, including, but not limited to, infection by computer virus, bugs,

tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of

Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper

conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to terminate, modify or

suspend the Sweepstakes and to select the winner by conducting a random drawing from those eligible

entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an

entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted

by Sponsor if, in its sole discretion, it determines that said entrant has violated the Official Rules or has

threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating,

hacking, deception or other unfair playing practices (including the use of automated quick-entry

programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s

representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE

LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL

LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK

REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE

FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

DISPUTES: The Sweepstakes is governed by the laws of the state of Arizona, without regard to the

conflicts of law provisions. All disputes, claims or demands that relate to these Official Rules will first be

brought to the attention of the other party and will be resolved individually, without resort to any form of

class action. The receiving party shall have sixty (60) days from the date of such notice to remedy the

described breach or violation and notify the complaining party in writing of the resolution. If the dispute,

claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant

may request an informal resolution conference (mediation), which if agreed to by the other party will be

scheduled to occur within 21 days of the written response. Each party shall have the right to be

represented at such a conference by counsel and will ensure that a decision-maker with full and complete

authority to resolve the dispute attends the conference. Such conference will be in front of a third-party

mediator chosen by the parties. If the parties do not agree to conference or are unable to resolve a

dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or

demand related in any way to these Official Rules will be decided by binding arbitration. All disputes

between the parties, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to

JAMS for binding arbitration under its applicable rules then in effect, before one arbitrator to be mutually

agreed upon by both parties. The parties agree to pay for all of their own legal fees and to share equally

in all mediator and/or arbitration costs incurred.

WINNERS LIST: For a complete list of prize recipients, please contact Sponsor at pr@tn.com by no later

than February 28, 2019.