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The following Promotion is intended for viewing in the 50 United States and D.C. only and is construed and evaluated according to Illinois law. Do not enter this Promotion if you are not a legal resident of, and located in, the 50 United States or D.C. at the time of entry.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in THE METS SLEEP ON MOLECULE SWEEPSTAKES (the “Promotion”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Comfort DTC, Inc. dba MOLECULE (“Sponsor”), which are final and binding in all respects. Sponsor is responsible for the collection and selection of entries and the Promotion’s overall administration. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion. The Promotion is in no way sponsored, administered, executed or produced by any MLB Entity. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
1. ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (except in the case of legal residents of certain states/territories/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry. Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, and agencies, and the MLB Entities and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter or win. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM” or “MLB.com”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. Void in all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.
2. TIMING: The Promotion begins August 27, 2018, at 2 PM Eastern Time (“ET”) and ends on September 16, 2018, at 11:59 PM ET (the “Promotion Period”).
3. HOW TO ENTER: To enter, you must have a valid, public Instagram account and be a follower of the official Instagram account of the New York Mets (@Mets) and Sponsor (@MOLECULESLEEP) (each, a “Page”). You may enter the Promotion online via Instagram only, but in the following two (2) ways:
Only publicly viewable comments and posts will be considered valid entries. Any comment or post removed or hidden from the Post prior to the drawing date will be void.
Entrants must not include any of the following content (the "Content Restrictions") in any entry: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on Sponsor or the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, e-cigarettes, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory where the entry is created. Any entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified.
Any entry that does not comply with the Content Restrictions or otherwise with these Official Rules, are void. Data and usage fees may apply to the download and use of the Instagram application. Instagram photo of someone sleeping in Mets apparel and include #MetsSleepOnMolecule in the copy of the post.
4. ENTRY CONDITIONS: No limit to number of entries per person. The authorized account holder of the Instagram account used to enter the Promotion is deemed to be the entrant. The “authorized account holder” is the natural person assigned to the Instagram account by Instagram. The potential winner may be required to show proof of being the authorized account holder.
5. PRIZE: One (1) prize will be awarded. The winner will receive one (1) Molecule Sleep System in the winner’s desired size, and five (5) tickets for use by winner and 4 guests for one (1) New York Mets 2018 regular season home game on September 27, 2018 determined by Sponsor at its sole discretion (the “prize”). Prize value will range from $2,888 to $3,798 depending on winner’s Molecule Sleep System selection and any difference in value will not be awarded. Prize fulfillment is based on availability. Please allow four (4) weeks for Molecule Sleep System delivery from the time the winner provides delivery information to Sponsor. Taxes on prize, if any, are solely the responsibility of the winner. Winner of a prize valued at $600 or more will receive a Federal Tax Form 1099. Sponsor recommends that winner consults with winner’s tax advisor if winner has further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate potential winner by random drawing from among all remaining eligible entries if any prize is returned undeliverable. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor need not substitute a prize based on the winner’s request.
TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Seat/suite locations at the game shall be determined in the sole discretion of Sponsor. Winner’s guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guests agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used in any way for commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game, event or exhibition tickets.
Sponsor and the MLB Entities (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
6. ODDS OF WINNING: The odds of winning depend on the total number of eligible entries received.
7. WINNER SELECTION: One (1) potential winning entrant will be selected by random drawing on or about September 17 2018, from among all eligible entries. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Promotion. Potential winning entrant will be contacted via Direct Message on Instagram and may be required, if applicable, to privately (through Instagram Direct Message, email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the prize. If a potential winning entrant is determined by Sponsor to be unqualified to participate in this Promotion or does not respond to Sponsor’s correspondence within forty-eight (48) hours of the time of Direct Message, the potential winning entrant will be disqualified and a new potential winning entrant will be selected, time permitting, by random drawing from among all remaining eligible entries.
8. REQUIRED DOCUMENTATION: The potential winning entrant may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in the notification correspondence. Any potential winning entrant who fails or refuses to sign and return the required Affidavit within the time period as specified by Sponsor will be disqualified. Non-compliance with these Official Rules or failure to return a required Affidavit by the stated deadline or Sponsor’s inability to contact a potential winning entrant within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of the prize.
9. PUBLICITY: Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s and its agents’ use of the entrant’s name, likeness, photograph, voice, opinions, hometown, state and any other information submitted to Sponsor by entrant for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
10. GENERAL CONDITIONS: Potential winning entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Promotion will be void. Sponsor has the sole discretion to modify, cancel or suspend this Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion or Sponsor otherwise becomes incapable of running the Promotion as planned. Sponsor is not responsible for changes to entrant’s contact information. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any entrant who tampers with the entry process. Sponsor has the sole discretion to disqualify entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is deemed detrimental or unfair to Sponsor, the Promotion or any other entrant. Sponsor has no obligation to return any entry consideration, if applicable, submitted by a disqualified entrant.
11. RELEASE: As a condition of participating in the Promotion, entrants release the Sponsor, the MLB Entities, Instagram, Inc. (“Instagram”) and each of their respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use or misuse of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
12. LIMITATION OF LIABILITY: The Promotion Entities are not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely entries that may limit entrant’s ability to participate in the Promotion, even if caused by Promotion Entities’ negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to entrant's or any other person's computer or mobile device relating to participation or inability to participate in the Promotion; inability to access www.Instagram.com or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the www.Instagram.com) or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the www.Instagram.com is not considered proof of delivery or receipt. Illegible, duplicate and incomplete entries will be disqualified. False, fraudulent, or deceptive entries or acts, as determined by Sponsor, render responsible entrants ineligible and all associated entries will be void.
14. GOVERNING LAW; DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction) that would cause the application of any other state’s laws. Entrants hereby submit to the exclusive jurisdiction and venue of the Federal and State Courts in Chicago, Illinois for the purposes of any suit related to the Promotion and waive any claim that they are not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue. As a condition of entering this Promotion, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Promotion, or any prizes awarded (each, a "Claim"), shall not be consolidated or joined with or in any other proceeding involving a Claim of any other party; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
15. WINNER’S LIST: For the winner’s name, mail a request and a self-addressed stamped envelope to be received by November 1, 2018, to: The Mets Sleep on Molecule Sweepstakes Winner’s List c/o 175 N Ada Street, Chicago, IL 60607.
Comfort DTC, Inc. dba Molecule
175 N Ada Street
Chicago, IL 60607
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