Luxury Sheets Contest Rules

NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.

The Luxury Sheets Contest (the "Promotion") is sponsored by Taptastic, LLC ("Sponsor"). By entering the Promotion, you agree to comply with and be bound by the following Luxury Sheets Contest Rules (the "Rules"). Please review the Rules carefully. If you do not agree to the terms and conditions of the Rules in their entirety, you are not permitted to enter the Promotion.

ELIGIBILITY:
The Promotion is open to individuals that are legal residents of, and living in, the United States, Canada, Australia, New Zealand and South Africa, as applicable, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, SCA Promotions, Inc. ("Administrator"), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Rules may request a printed copy by writing to: Taptastic, LLC, Luxury Sheets Contest, 96 Linwood Avenue, #120 Fort Lee, NJ 07024. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.

LIMITED TIME ONLY:
The Promotion period ("Promotion Period") begins at 00:00. Eastern Standard Time ("EST") on August 10, 2022 and ends at 00:00. EST on September 09, 2022.

HOW TO ENTER:
(a) Form Entries. Entrants wishing to enter the Promotion must first go to the Promotion web page on one of the participating Promotion websites, located at www.insomniasweeps.com (each, a "Promotion Site" and collectively, the "Promotion Sites"). Upon accessing a Promotion Site, entrants must completely fill out the online entry form ("Promotion Entry Form") by providing the required information and then submit same. In order to complete the Promotion Entry Form, each entrant must include her/his: (i) full name; (ii) e-mail address; (iii) month and year of birth; (iv) zip code associated with her/his place of residence; and (v) any other information requested on the Promotion Entry Form (collectively, "Form Registration Data"). Upon successful submission of all Form Registration Data, each individual shall receive one (1) entry. in the Promotion associated with the subject Promotion Site on which that individual registered (each, a "Form Entry"). For purposes of these Rules, the period that is between 00:00 EST to 00:00 EST each calendar day during the Promotion Period shall be referred to as a "Game Day." Entrants may only submit ten (10) Form Entries on each Promotion Site, for a total of ten (10) Form Entries, each Game Day during the Promotion Period.
(b) Alternative Means of Entry. As an alternative means of entry in the Promotion, contestants may submit mail-in entries in the form of a postcard that contains the AMOE Registration Data, as defined below (each, an "AMOE Entry Postcard") each Game Day during the Promotion Period. Where a contestant properly submits an AMOE Entry Postcard, that contestant shall receive ten (10) entries in the Promotion (each, an "AMOE Entry," and together with the Form Entries, the "Entries"). To complete an AMOE Entry Postcard, contestants must type or legibly write the following information on the applicable postcard: (i) full name; and (ii) e-mail address (collectively, "AMOE Registration Data," and together with the Form Registration Data, the "Registration Data. Entrants must update their Registration Data, as necessary, to remain eligible to win a Prize. Contestants must mail their AMOE Entry Postcards to: Taptastic, LLC, Luxury Sheets Contest, 96 Linwood Avenue, #120 Fort Lee, NJ 07024. All AMOE Entries must be postmarked by September 09, 2022 to be entered in the Prize drawing. Any improperly submitted AMOE Entry Postcards (i.e. any potential AMOE Entry Postcard having invalid or incomplete AMOE Registration Data) will be VOID. Limit: Each contestant may receive only ten (10) AMOE Entries per Game Day, and any AMOE Entry(ies) submitted by the same individual in excess of the ten (10) AMOE Entry limit will be discarded.
(c) Entry Limits/General Provisions. The total combined number of Entries submitted during each Game Day during the Promotion Period may not exceed fifty (10) in the aggregate. So, by way of example, if a contestant submits an AMOE Entry during a Game Day, that contestant will not be permitted to also submit any Form Entries during that Game Day. Any Entries submitted in excess of these limitations will be discarded. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the permitted number of Entries by using multiple/different mobile devices, identities, registrations and user-names, or any other method, will void all of that participant’s Entries and that participant will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Sponsor is not responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive telemarketing (including text message marketing where you have provided your "prior express written consent" as required under the Telephone Consumer Protection Act ("TCPA")), e-mail and direct mail marketing messages from Sponsor and its marketing partners, subject to the applicable Sponsor Privacy Policy(ies) (collectively, the "Sponsor Privacy Policies"). See the "Privacy Statement" section hereinbelow for a link to the Sponsor Privacy Policies.

IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Rules, the "Promotion Database" is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 00:00 EST on September 09, 2022.

HOW TO WIN THE PRIZE:
Within one (1) business day of the conclusion of the Promotion Period, the Administrator will randomly select one (1) potential Prize winner from among all the Entries in the Promotion Database ("Prize Winner"). The potential Prize Winner will be notified via e-mail within thirty (30) days after the potential Prize Winner is selected.
The potential Prize Winner will be notified via e-mail within ten (10) days after winner selection. The potential Prize Winner will be subject to eligibility verification and will be required to provide: (a) picture proof of identification, which may include a drivers license, passport, voting card or similar government issued identification; (b) proof that she/he is the entrant that submitted the applicable winning Entry; and (c) such tax/withholding documents as may be reasonably requested by Sponsor (in its discretion) to comply with its tax reporting requirements. The potential Prize Winner will also be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release ("Affidavit") and return such Affidavit within thirty (30) days following attempted notification. Non-compliance by a potential Prize Winner within this time period and/or the return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the subject Prize, with an alternative Prize winner selected; provided, however, that if Sponsor does not receive a properly executed Affidavit from a potential Prize Winner within the allotted time period after five (5) attempts to contact alternative potential Prize Winners, the Prize will not be awarded. In no event shall Sponsor be liable in any manner where a potential Prize Winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize Winner within the required response period. The winning Entries, as well as the associated information of the potential Prize Winners, must identically match the records maintained by Sponsor and Administrator in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.

PRIZE DESCRIPTION:
The Prize Winner shall receive Luxury Sheets Dollars ($250.00) payable in one lump sum by check (or other reasonable payment selected by Sponsor in its sole discretion) within thirty (30) days of return of the complete and valid Affidavit, together with all other documentation and verification reasonably requested by Sponsor (the "Prize").
The Prize is non-transferable, and no substitution will be made except as provided herein, in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, or any portion thereof, for a substitute of equal or greater value for any reason. Some restrictions may apply.

ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period.

PRIVACY STATEMENT:
The information submitted by entrants and prospective entrants in connection with the Promotion is covered by the Promotion Privacy Policies, as same are made available on the Promotion Sites. For a copy of the Insomnia Sweeps™ Privacy Policy please go to: www.insomniasweeps.com/privacy-policy. To the extent that any Sponsor Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Promotion, these Rules shall take precedence.

WINNERS LIST:
To request written confirmation of the Prize Winner, send a self-addressed stamped envelope to: Taptastic, LLC, Luxury Sheets Contest, 96 Linwood Avenue, #120 Fort Lee, NJ 07024.

TAX INFORMATION:
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize Winner. Sponsor reserves the right to withhold taxes from the winning Prize, as appropriate. Sponsor reserves the right to file a form 1099-MISC for the Prize Winner

NO SUBSTITUTION OF WINNERS:
No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion.

PUBLICITY:
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.

RELEASE:
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agencies and their respective shareholders, members, officers, directors, employees and agents (collectively, "Released Parties") from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.

ADMINISTRATOR:
Administrator is not involved in marketing the Promotion. Administrator is not the sponsor of the Promotion and will not respond to any inquiries. Administrator is responsible for the selection of the potential Prize Winners.

CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under these Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Promotion, the Prize, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association ("AAA") in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Released Party(ies) named in your Initial Dispute Notice (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Released Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.

DISQUALIFICATION:
The Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Released Parties shall not be responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.

LIMITATION OF LIABILITY:
Any and all claims, judgments and awards associated with the Promotion, including the Prize, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, if any, but in no event attorneys’ fees. Under no circumstance will any Released Party be liable for, nor shall any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, punitive, incidental and/or 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. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in connection with the Promotion; (b) technical failures of any kind including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of Entries; (e) late, lost, undeliverable, damaged or stolen mail; (f) technical issues associated with any Promotion Site(s); or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt, use or misuse of any Prize. If, for any reason, an entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Promotion, if it is possible. If the Promotion, or any part of it, is discontinued for any reason, Sponsor and/or Administrator, in their respective sole discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance for the Prize offered herein. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.

INDEMNIFICATION:
You agree to release, indemnify and hold the Released Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Released Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LEGAL WARNING:
Any attempt by any individual, whether or not a entrant, to damage, destroy, tamper with or vandalize the Site, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.