Official Rules (“Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR BE CHOSEN FOR the SLEEP AMBASSADOR PROGRAM (“PROGRAM” OR “PROMOTION”). EACH ENTRANT’S (EACH A “PARTICIPANT”, AND TOGETHER AS THE “PARTICIPANTS”) MAY GET A CHANCE TO WIN PRIZES (AS DEFINED BELOW). PARTICIPANT CHANCES TO WIN WILL NOT IMPROVE BY A PURCHASE OR PAYMENT OF ANY KIND. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT PARTICIPANTS WAIVE THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THIS PROMOTION BE RESOLVED ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
1. Sleep Ambassador Program: Tuft & Needle will select sleep-deprived parents or guardians of dependent children to participate in its Sleep Ambassador Program contingent upon Participant fulfilling all requirements outlined in these Official Rules. Tuft & Needle also will award selected participants the Sleep Wellness Package Prizes (as defined below) provided by Tuft & Needle and its representatives, partners, or associated companies, Ōura Health Oy and Ouraring Inc. (Ōura Ring), Calm.com (Calm), Familify Corp (Storybook APP) and Brand Corp. d/b/a Dojo Mojo (“Associated Companies”).
2. Agreement to Official Rules: By submitting a Sleep Ambassador Program entry, you indicate your full and unconditional agreement to, and acceptance of: (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Eligibility is contingent upon you fulfilling all requirements outlined in these Official Rules.
3. Sponsor and Associated Companies:
• Sponsor: Tuft & Needle at 735 Grand Ave Phoenix, Phoenix, Arizona, 85007.
• Administrator: Dojo Mojo, Associated Companies: Ōura Ring, Calm, and Storybook App
This Promotion is in no way sponsored, administered by, or associated with Instagram, Twitter, Facebook or any other social media platform.
4. Eligibility: This Promotion is open to any individual who, at the time of entry, (a) is a legal resident and lives within the continental United States or the District of Columbia, (b) is at least the age of a majority in their state of residence (this is eighteen (18) years old in most states and nineteen (19) years old in Alabama and Nebraska, 21 in Mississippi), (c) has a valid email address, and (d) fulfills all requirements outline in these Official Rules.
The following individuals are ineligible to participate: (a) employees of the Sponsor or Associated Companies, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (b) family members (spouses, parents, siblings, children and in-laws) of any individual referred to in clause (a) of this sentence; (c) persons living in the same household (whether or not related) with any person referred to in clause (a) or (b) in this sentence; and (d) commercial enterprises and business entities. This Promotion is subject to all federal, state, and local laws and regulations and is void (a) outside the 50 United States and the District of Columbia, and (b) where prohibited by law. Any local, state, provincial or other government agency or any officials or employees thereof are not eligible to participate.
5. Entry Period: Participants must enter between 12:00am Arizona time on 10/18/21 and 11:59pm Arizona time on 11/12/21 (“Entry Period”). Submissions before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.
6. Prizes:
• A Tuft & Needle Mint mattress with premium bedding accessories, including:
• A Tuft & Needle Mattress Protector
• A set of Tuft & Needle Percale Cotton Sheets
• A choice of either 1 Original Foam Pillow or 2 Alternative Down Pillows
• A Tuft & Needle + Snooz White Noise Machine
• An Oura Ring personal health tracking device
• A one-year Calm subscription
• A one-year Storybook subscription
• A $500 babysitting award to help busy parents schedule time away to recharge
• A Tuft & Needle swag bag
• A one-on-one sleep video consultation with JD Velilla, Senior Director of Sleep Experience and Technology — and resident Sleep Expert — at Tuft & Needle
(collectively, the “Sleep Wellness Package” or “Prizes”) (Individual prize value is $4,959.99. Total ARV is $69,440)
7. How to Participate: To be able to enter, you must:
• visit https://www.tuftandneedle.com/resources/sleep-ambassador/
• answer the Sleep Ambassador Program survey questions OR post a video answering survey questions and add #T&NSleepAmbassador to your Instagram, Twitter, and Facebook accounts.
• click, within the survey, the “I agree” to receive email communication, like newsletters and special offers, from Tuft & Needle. You may opt out at any time.
• click, within the survey, “I agree” to providing parental consent box. You may opt out at any time.
• follow Tuft & Needle on Instagram, Twitter, and Facebook.
(each collectively, an “Entry”).
There is a limit of one (1) Entry per person/email address per household. Additional entries per person/email address will not be acknowledged. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.
By submitting your entry, you agree that Tuft & Needle may use your registration and any related collected information in accordance with our Privacy Policy, a current copy of which can be found here https://www.tuftandneedle.com/legal/privacy/.
8. Winner Selection & Determination: Winners will be determined according to the process outlined below.
Judges:
97th Floor Digital Marketing Agency team listed below, will be serving as judges for the Sleep Ambassador Program:
• Jon Hammond - Enterprise Account Director
• Taryn Royall - Enterprise SEO Specialist
• Kayli Hansen - Enterprise Content Marketer
• Monica Cheung - Enterprise SEO Specialist
These individuals all have years of professional experience in the marketing, social media communications, branding, and storytelling fields, which will be crucial for selecting the most deserving Winners.
Judging criteria:
• Entrant’s written survey or posted video fulfills all the conditions of the Promotion as stated.
• Entrant’s Entry is original, sincerely expressed, motivational, and creative.
• Entry’s Entry represents the Tuft & Needle brand values of integrity, truth, and honesty.
• Entrant's social media accounts adhere to the Submission Restrictions outlined in Section 11 of the Official Rules.
• Entrant is able to fulfill all Sleep Ambassadorship Program posting requirements.
How Judges Will Break a Tie If One Occurs:
In the event of a tie, the Entrant with the highest number of followers/engagement ratio on their social accounts will win.
JUDGES’ DECISIONS ARE FINAL AND BINDING.
9. Winner Notification
• Winners will be notified by the email by approximately November 19, 2021.
• Prizes will be awarded by approximately November 30, 2021.
• The Sponsor is not responsible for any delay in awarding any Prize.
• The Prize(s) may be forfeited and may be awarded to another Participant who is randomly selected if (i) any Prize notification or Prize is returned as undeliverable, (ii) the Sponsor is unable to contact a potential winner within seven (7) business days of the first attempt to contact him or her, (iii) a potential winner fails to provide his or her contact information within seven (7) business days after notification by the Sponsor, (iv) a potential winner is determined by Sponsor, in its sole discretion, to be ineligible, (v) a potential winner declines the Prize, or (vi) a potential winner is otherwise not in compliance with these Rules. In the event that no responses are received, no Prize(s) will be awarded.
• DETERMINATIONS OF THE SPONSOR ARE FINAL AND BINDING
10. Winner Requests & Requirements: Winners must:
• provide a mailing address seven (7) business days to Sponsor.
• sign and return an Affidavit of Eligibility, Liability and Publicity Release within fourteen (14) calendar days of notification by the Sponsor (except where prohibited by law).
• properly executed IRS Form W-9 within fourteen (14) calendar days of notification by the Sponsor (except where required by law).
If a Winner fails to sign and return the above documents within the required time period, an alternate potential Sleep Ambassador may be selected in their place- of all remaining entries received.
Winners may:
• provide their Ōura Ring data. You may opt out at any time. Ōura Ring’s privacy policy may be found at: https://ouraring.com/privacy-policy-oura-health
• receive email communication, like newsletters and special offers, from Sponsor. You may opt out at any time by clicking the unsubscribe link provided in all emails.
11. Submission Restrictions: Each Participant must ensure that the Participant does not post any content or materials that:
• infringe any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violate applicable laws
• include any private information of a third party such as name, address, phone number, email address, and other personal data.
• contain the likeness of anyone who is or who appears to be under the age of 13 or anyone other than the Participant, unless the Participant has his or her (or parent's or legal guardian's) permission to do so for this Program. The Participant must have permission from all recognizable people who appear in the Entry regardless of their ages. If requested, the Participant must be able to provide proof of such permission in a format acceptable to the Sponsor.
• include material that violates another’s rights (living or deceased), including but not limited to privacy or publicity.
• disparage the Sponsor or any other person or party affiliated with the Program.
• contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous or other objectionable material.
• contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
• contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
• contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.
• has been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Participant warrants and represents that the Participant:
• is at least 18 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi).
• he/she has secured all necessary rights relating to its use and the use of the content in the Entry submission, social media post or related entry.
• shares verbal or written content (if any) in English.
• the Participant has obtained any and all permissions, if any are required, prior to entry and that may legally grant all permissions contained within these Official Rules to Sponsor.
• has any requisite title, license, rights, consent, written permission and/or authority to grant the Sponsor and their respective affiliates permissive use any person’s name, likeness, biography, actions and contributions Participant submits as part of their Entry as outlined in these Rules.
• has any requisite title, license, and/or authority to grant the Sponsor and its affiliates permissive use of any related intellectual property as outlined in these Rules where the Entry contains an owner or licensor’s intellectual property.
• understands the interpretation of each of the above Restrictions shall be subject to the Sponsor’s sole discretion.
• understands the Sponsor is not responsible for any lost, late, incomplete, or other entries that do not comply with these Rules and it may be disqualified.
Sponsor will consider only one (1) Entry submission from each Entrant. Any attempt by any Entrant to receive more than the stated number of Prizes by using multiple/different email addresses, identities, registrations and logins, or any other methods, as determined by the Sponsor in its sole discretion, may void the Entrant’s Entry and that Participant may be disqualified from this or any of the Sponsor's other promotion(s).
In the event of a dispute as to the owner of any Entry, the authorized account holder of the email address will be deemed to be the Participant. The "authorized account holder" is the natural person assigned to an email account by the entity responsible for doing so. Each Participant may be required to show proof of being the authorized account holder.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT, PERSON, OR ENTITY TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. Use of Entry Content. You grant the Sponsor and any related affiliates or agents unlimited, worldwide, perpetual, irrevocable, and royalty-free right, license, privilege, and permission to record, copy, adapt, film, capture, use, license, transmit, broadcast, exhibit, project, publish, circulate, display, or otherwise exploit, any and all renderings of the Participant’s Entry, name (including any and all nicknames, related names, and aliases), characters, biographies, artist's portrayal of characters, voice, image, likeness, visual representations, any and all attributes of the Participant’s personality, and/or any and all of the Participant’s acts, poses, actions, and appearances (collectively, "Name and Likeness"), and any ancillary use or derivative works on or in connection with any film, audio tape, video tape, audio-visual work, sound recordings, photograph, illustration, animation, broadcast, any derivative works or versions thereof in any media or embodiment now known or hereafter developed, throughout the world the way Sponsor deems fit without any consideration or prior notice. Entries become the sole property of Sponsor.
13. Electronic Communications. By submitting your Entry, you agree to communicate for the purpose of the program with the Sponsor electronically. Through your Entry submission, you (i) agree that your consent to these Rules is a binding form of your electronic signature and (ii) represent that you have Internet access and a valid email address enabling you access to information pertaining to the program and to receive communications and documents electronically. Your consent is effective unless and until you withdraw it in writing to press@tuftandneedle.com with the subject line: Sleep Ambassador Program
14. Taxes. ALL TAXES, FEES, DUTIES, SURCHARGES, IF ANY, IMPOSED ON ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Each winner is solely responsible for ensuring that he or she complies with all the applicable tax laws and filing requirements. If a winner fails to comply with such laws, the Prizes may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
15. General Conditions: In the event that the operation, security, or administration of this Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the incentive(s) from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any Entry submission, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to 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 email address.
16. Privacy; Use of Information Submitted; Publicity: Any information you submit as part of this Promotion will be used for purposes of this Promotion and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Participant acknowledges that they have read and accepted Sponsor’s privacy statement and the terms and conditions outlined here: https://www.tuftandneedle.com/legal/privacy/. For Associated Company privacy policies, please visit: https://www.dojomojo.com/home/privacy, https://ouraring.com/privacy-policy-oura-health, https://static.storybook-app.com/documents/PRIVACY-POLICY-STORYBOOK.pdf, https://www.calm.com/en/privacy-policy.
17. Except where prohibited, participation in this Promotion constitutes a Participant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, videos and content shared on Participants’ social media accounts as part of the Program requirements, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
By submitting an entry, you acknowledge and agree that Sponsor and Associated Companies will use the Participant’s information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your Entry submission.
18. Third Party Platforms: If this Promotion is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g., Facebook or Twitter) (“Third Party Platform”), then by participating in this Promotion, Participant hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of incentives or participation in any incentive related activities. Unless otherwise stated to the contrary in these Official Rules, this Promotion is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
19. Release: By participating in the Promotion, you agree i) to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, the incentive providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any and all liability, loss or damage, claim or cause of action arising out of or in connection with your participation in this Promotion or awarding, or receipt or use of any Prizes; ii) the Released Parties shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in or winning this promotion, and iii) that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in this Promotion, and in no event shall the Released Parties be liable for attorney’s fees.
20. Limitation Of Liability. IN NO EVENT SHALL TWITTER, FACEBOOK, INSTAGRAM, THE SPONSOR, OR ANY RELATED AFFILIATES, CLIENTS, PERSONNEL, DIRECTORS, OFFICERS, AGENTS, OR PRINCIPALS (PARTNERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, INCURRED BY PARTICIPANTS OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM THE ENTRY, THE PROGRAM PRIZES OR USE OF A PROGRAM PRIZE, EVEN IF THE SPONSOR OR ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Sponsor is not responsible for: (i) lost, late, incomplete, invalid, illegible, unintelligible, damaged, altered, counterfeit, obtained through fraud, late, or misdirected entries, which will be disqualified; (ii) failed, partial or garbled computer transmissions; (iii) technical failures of any kind, including, but not limited to electronic malfunctioning of any network; or (iv) any technical, computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability or intervention, error, omission, interruption, detection, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site or otherwise whether caused by web site users or by any of the equipment or programming associated with or utilized in this promotion. The Sponsor reserve the right, in their sole discretion, to disqualify any Entry not in compliance with these Rules.
Participants agree that the Sponsor shall have no liability for unsuccessful efforts to notify any potential Sleep Ambassador, or for any injuries, losses, or damages by reason of the Participant's participation in the Program.
21. Disputes: The Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the Official Rules, and the Sponsor's decisions shall be final. If any provision of these Official Rules is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these rules, which shall remain in full force and effect. If there is any conflict between any promotional material and these Rules, the provisions of these Rules shall prevail. The Sponsor reserves the right to modify or terminate the Program or to make such other decisions regarding the administration or outcome as the Sponsor and/or Administrator deem appropriate.
Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any related Prizes shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Phoenix, Arizona. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Arizona, without giving effect to any choice of law or conflict of law rules (whether of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Arizona.
22. Waiver of Jury Trial. THE PARTICIPANT(S) AND SPONSOR ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE OUT OF OR RELATING TO THESE RULES OR THIS PROGRAM IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, THE PARTICIPANT(S) AND SPONSOR IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE RULES OR THIS PROMOTION.
23. Contact & Winners’ List: For a full list of Winners, visit https://www.tuftandneedle.com/resources/welcome-new-sleep-ambassadors/ on or after December 6, 2021.