Lagoon Giveaway - Rules & Regulations
No purchase or payment necessary to enter or win the Lagoon Giveaway (the “Giveaway”). A purchase or payment will not increase your chances of winning. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations, and ordinances. Giveaway begins on January 1st and ends on March 31st, 2023 (the “Giveaway Period”). Sponsor’s computer is the official time keeping device for this Giveaway.
NOTICE ABOUT DISPUTE RESOLUTION: Any disputes relating to the Program are subject to binding arbitration. See Section 7 of these Rules for details.
Sponsor: This Giveaway is sponsored by Lagoon Sleep, Inc - PO Box 24523, Minneapolis MN 55424 (the “Sponsor”). Participation in a Giveaway constitutes the participant's full and unconditional agreement to these Official Rules, and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway.
1. Eligibility: The Giveaway is only open to current legal residents of the 50 U.S. and D.C. who are 18+ at the time of entry (19+ in AL and NE; 21+ in MS) (the “Entrant”). Employees of Sponsor or the Prize Provider(s), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law, rule, or regulation. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
2. How to Enter: Sponsor will create a landing page at the end of the sleep quiz on their website (https://lagoonsleep.com/pages/product-finder) where applicants will have the ability to enter by providing their email address.
LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned 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 address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
3. Selection of Winners: On or about January 2nd, Sponsor will randomly select the name of the potential winner from all entries received. The odds of winning are based on the number of eligible entries received. The potential winner will be contacted by email on or about January 2nd. Sponsor shall have no liability for a potential winner's failure to receive notices due to potential winners' spam, junk e-mail or other security settings or for potential winners' provision of incorrect or otherwise non-functioning contact information. Except where legally prohibited, the potential winner may be asked to sign and return, within seven (7) days of being notified, a Declaration of Eligibility, Liability & Publicity Release in order to claim their prize. If a potential winner cannot be contacted in person via email or if they fail to sign and return the Declaration of Eligibility, Liability & Publicity Release within the required time period (if applicable), or in the event that a potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
ALL POTENTIAL WINNERS ARE 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.
4. Prizes: One (1) Winner will receive:
- 1 Oura Ring Gen3 Heritage with 1-month membership included ($5.99/month after that)
- Total ARV of all prizes to be awarded: $305.99.
No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. The receipt by winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
5. General Conditions: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. This includes any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Giveaway by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence). In such case, Sponsor may randomly select a winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway, violates these Official Rules, or acts in an unsportsmanlike manner. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws 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. By entering the Giveaway and providing your email address you agree to receive marketing emails periodically from Sponsor. You can opt-out of receiving marketing communications at any time by clicking the unsubscribe link in the email.
6. Limitation of Liability: BY ENTERING YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY LIABILITY, ILLNESS, INJURY, DEATH, LOSS, LITIGATION, CLAIM OR DAMAGE THAT MAY OCCUR, DIRECTLY OR INDIRECTLY, WHETHER CAUSED BY NEGLIGENCE OR NOT, FROM (I) SUCH ENTRANT'S PARTICIPATION IN THE GIVEAWAY AND/OR HIS/HER ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE OR ANY PORTION THEREOF, (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE MALFUNCTIONING OF ANY COMPUTER, CABLE, NETWORK, HARDWARE OR SOFTWARE; (III) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY TRANSMISSIONS OR TELEPHONE OR INTERNET SERVICE; (IV) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE GIVEAWAY; (V) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE GIVEAWAY OR THE PROCESSING OF ENTRIES.
- WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE WEBSITE AND ALL PRIZES, ARE 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.
- Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
7. Disputes and Governing Law: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF UNITED STATES AND DE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively by arbitration conducted by a single neutral arbitrator in Delaware in accordance with the consumer arbitration rules of the American Arbitration Association (“AAA”). In no event shall participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of the Giveaway (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Giveaway (or any website or any content or other materials used or displayed on the website used in connection with the Giveaway). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in court. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Either party may bring qualifying claims in small claims court.
Notice to California Residents - If you are a California resident, please refer to “Notice of Financial Incentives” in our California Privacy Notice for additional information under the California Consumer Privacy Act concerning our collection of your personal information under this Giveaway.
9. Winners List and Official Rules: For the names of Giveaway winners or a copy of the Official Rules, please send a stamped, self-addressed envelope for receipt within ninety (90) days of the expiration of the Giveaway entry period to Lagoon Sleep, Inc, PO Box 24523, Minneapolis MN 55424 and include the specific Giveaway name on the envelope. Vermont residents may omit return postage with Official Rules requests.
10. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google (as applicable). You understand that you are providing your information to the owner of this Giveaway and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google (as applicable).
Copyright ©2022 Lagoon Sleep, Inc. All rights reserved.