Sleep Number – Smiley360 – Win of one (1) queen Sleep Number® 360 p5 smart bed with Home Delivery Setup & Removal (where available) and one (1) standard-size ComfortFit™ classic pillow (“Prize”).
SMILEY360 SWEEPSTAKES: BETTER, SMARTER SLEEP
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER
OR WIN. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE
YOUR CHANCES OF WINNING.
1. ELIGIBILITY. The Sleep Number Corporation (“Sponsor”) “Smiley360 Sweepstakes:
The Perfect Fit For Your Best Night’s Sleep” (the “Promotion”) is only open to those who, as of
the start date, are legal residents of the United States, including the District of Columbia (excluding
residents of Alaska, Hawaii and Rhode Island), and who have reached the age of majority in their
state or district of residence. The Promotion is void where prohibited or restricted by law.
Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions,
advertising and promotion agencies (“Promotion Entities”) involved in the administration of this
Promotion, and the immediate families (defined as parents, spouses, children, siblings,
grandparents and their respective spouses) or members of the same household (whether related or
not) of each such employee, officer and director, are not eligible to enter.
2. TIMING. The Promotion entry period begins at 12:00PM Central Time (“CT”) on
September 12, 2018 and ends at 11:59PM CT on December 12, 2018 (the “Entry Period”).
Sponsor’s computer is the official timekeeping device for the Promotion, and all Entries must be
received by Sponsor’s computer prior to the end of the Entry Period to be eligible. Proof of sending
an Entry does not constitute proof of receipt by Sponsor.
3. HOW TO ENTER. To enter, join Facebook if you haven’t already done so; visit the
Sponsor’s page on Facebook at https://www.facebook.com/SleepNumber (“Entry Site”) during the
Entry Period; click on the sweepstakes tab, and follow the on-screen instructions to complete the
Entry form fully and accurately with all the required information; read and accept the Official
Rules; and submit the Entry by clicking submit. Limit one entry per person.
Additional Entries: To receive additional Entries, refer your friends to participate in the Promotion
by emailing them the Promotion email template available at the Entry Site which includes a unique
link created for each entrant following his/her Entry into the Promotion. You will receive an
additional Entry for each individual who enters via your unique link. Each of the above valid
entries received is an “Entry.”
By entering, you agree that any information collected in connection with the Sweepstakes may
be used by Sponsor for the intended purposes outlined herein. All Entry information must be
manually keystroked by the entrant and include a valid Facebook account. In the event of dispute
as to the identity or eligibility of a winner based on the Facebook account, or if more than one
person uses the same account, the winning Entry will be declared made by the “Authorized
Account Holder” of the account submitted at the time of the Entry, unless agreed otherwise. The
“Authorized Account Holder” is the person to whom Facebook or the applicable Internet Service
Provider has assigned the account. Sponsor expressly reserve the right to disqualify any Entries
that Sponsor believes in good faith and in its sole discretion are generated by an automated
program or via scripts or via any other means that are fraudulent or result in artificially inflated
Entry totals or are not allowed by, or in the spirit of, these Official Rules, including without
limitation bartered Entries.
Normal time, toll, connection and usage rates, if any, charged by your Internet Service Provider
will apply. All submitted information becomes the property of Sponsor and will not be returned or
This Promotion is not sponsored, endorsed, administered by, or associated with Facebook. You
understand that you are providing information to Sponsor and not to Facebook.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating, each entrant
fully and unconditionally agrees to be bound by and accepts these Official Rules, and the decisions
of Sponsor (including, without limitation, decisions regarding eligibility of Entries, the selection
of entrants and the winner, and the awarding of the prize), which are final and binding in all
5. DRAWING; ODDS; NOTIFICATION. On or about December 19, 2018 Sponsor or
Sponsor’s designee will randomly select potential winner(s) from among all eligible Entries
received. Odds of winning a prize depend on the number of eligible Entries received. The entrant
selected must comply with all terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements and requests of Sponsor during the verification process.
The potential winner will be notified either by phone, mail, courier and/or email or via social media
direct message or notice on wall, at Sponsor’s discretion. The potential winner may be required to
execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except
where prohibited by law, a Publicity Release (collectively an “Affidavit/Release”) in the form(s)
provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to
Sponsor by the date and/or time indicated. If the potential winner cannot be contacted within seven
(7) days of the first attempt to contact him/her, or if the potential winner fails to return the
Affidavit/Release within the specified time, or if any prize or prize notification is returned as
undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does
not comply with the Official Rules or the requests of Sponsor, then the potential winner may be
disqualified and an alternate winner may be selected by Sponsor in its sole discretion in his/her
place, at random from among all eligible non-winning entries received by Sponsor for the
6. PRIZE(S). One prize consisting of one (1) queen Sleep Number® 360 p5 smart bed with
Home Delivery, Setup & Removal (where available) and one (1) standard-size ComfortFit
classic pillow (“Prize”). Total approximate retail value: $2,769.95. The Prize consists of and is
limited only to the Prize listed above. Prize must be accepted as awarded, and prize is awarded
“AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made
by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except
by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value.
Should the winner live outside the area wherein Comfort Service Home Delivery is available,
Sponsor will substitute a Sleep Number® product that can be delivered via standard UPS shipping
as chosen by the winner in dollar amount equivalent to the ARV for the Prize. Winner is solely
responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and
use, including, without limitation, all federal, state and local taxes on the prize. For prizes valued
over $600, prize winner will be issued an IRS Form 1099 for the retail value of the prize. If
potential winner does not wish to accept the prize, an alternate winner may be selected at random
from the pool of eligible entrants. All details of the prize not set forth herein will be determined
by Sponsor in its sole discretion. All entrants and Entries are subject to verification prior to the
awarding of a prize, as are the eligibility, age and other claims of information provided by a
potential prize winner.
7. PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes
winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s Entry
materials, name, biography, likeness, voice, photographs, video, opinions, statements, hometown,
state and country for promotional purposes in any manner or media (including, without limitation,
online) now or hereafter known, worldwide, in perpetuity, and without further payment,
consideration, notice, review, approval or consent. Despite the above, Sponsor has no obligation
to use such materials in any manner.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate,
modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence
of electronic or non-electronic tampering with any portion of the Promotion, there is any
unsportsmanlike, dangerous, harassing or disruptive behavior associated with the Promotion, or
there are viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any
other factor beyond Sponsor’s reasonable control that corrupt or affect the administration, security,
fairness, integrity, safety or proper conduct of the Promotion. In such event, Sponsor reserves the
right (but does not have the obligation) in its sole discretion to award prizes from among eligible,
non-suspect Entries received up to the time of suspected 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 deliberately damage any
website or undermine the legitimate operation of this Promotion is a violation of criminal and civil
laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other
remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce
any term of these Official Rules shall not constitute a waiver of that provision or any other
provision of these Official Rules.
9. RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds
harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents,
advertising and promotion agencies, affiliates, Promotion partners and prize suppliers, Facebook,
and all of their respective employees, officers, directors, shareholders and agents from and against
all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s
participation and/or Entry in the Promotion and/or winner’s award, receipt or use of any prize
awarded in the Promotion or any prize-related activity.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate
transcription of Entry information or late, lost, misplaced, filtered, stolen, unintelligible, illegible,
damaged, mutilated, altered, incomplete or misdirected Entries or Entries received through
impermissible or illegitimate channels, all of which may be disqualified; (b) technical failures of
any kind, including but not limited to the malfunctioning of any telephone, computer online
systems, computer equipment, website, server provider, network, hardware or software; (c) the
unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part
of the Entry process or the Promotion; (e) printing, typographical, electronic or human errors,
which may occur in the offer or administration of the Promotion or the processing of Entries; or
(f) any injury or damage to persons or property, including but not limited to entrant’s computer,
which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the
Promotion, or from viewing, playing or downloading any material from Sponsor’s website(s),
regardless of whether the material was prepared by Sponsor or a third party, and regardless of
whether the material is connected to Sponsor’s websites by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action
arising out of or connected with this Promotion, or any prizes awarded shall be resolved
individually, without resort to any form of class action, and solely and exclusively in a federal or
state court located in Hennepin County, Minneapolis, Minnesota; entrant submits to sole and
exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and
irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims,
judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event
attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and
entrant hereby waives, all rights to claim, punitive, incidental, consequential, 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
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official Rules, or the rights
and obligations of entrant or Sponsor in connection with the Promotion shall be governed by, and
construed in accordance with, the laws of the State of Minnesota, without giving effect to any
choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United
States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction
other than the State of Minnesota.
12. DATA COLLECTION. Information collected in this Promotion will be administered by
terms in these Official Rules, the terms of the Official Rules shall control.
13. WINNERS LIST. To request a list of winners, send an email to email@example.com
with the subject line: Sleep Number® Smiley360 2018 Sweepstakes Winners. Requests must be
received no later than 60 days following the close of the Entry Period.
14. SPONSOR. The Sponsor of the Promotion and the address at which the Sponsor may be
contacted is Sleep Number Corporation, 1001 3rd
Avenue S., Minneapolis, MN 55404.
©2018 Sleep Number Corporation. All rights reserved.
CAN SPAM language:
“Planning to email your family or friends about this sweeps? Please use the language below.
Subject: Enter for a chance to win a Sleep Number® 360 smart bed and ComfortFit® Classic Pillow!
Body: Hi (name), I’m entering a Sleep Number® sweepstakes for a chance to win a Queen Sleep Number®
360 p5 bed and standard size Sleep Number ComfortFit® Classic pillow and I’d love for you to enter, too! Just
click the link in this email and enter your email address and first and last name if you’d like to enter.
The sweepstakes is open to residents of the United States, including the District of Columbia (excluding
residents of Alaska, Hawaii and Rhode Island), and there is no purchase necessary to enter. See the official
rules on the sweepstakes page at the below link for more details.
Don’t want to receive emails from Sleep Number? Contact them at firstname.lastname@example.org and
request to be removed from their emails to opt out.
Sleep Number Corporation
Minneapolis, MN 55404”