No Purchase Necessary to Enter or Win. The exceldistributors.com RV mattress Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Pacific Time (“PT”) on July 1, 2009 and ends on September 1, 2009 at 11:59:59 p.m. PT (the “Sweepstakes Period”). During the Sweepstakes Period, exceldistributors.com (“EXCEL” or “Sponsor”) will conduct two (2) monthly sweepstakes (“July Sweepstakes” and ”August Sweepstakes,” respectively). During the Sweepstakes Period, EXCEL will randomly select two (2) entrants in the July Sweepstakes and two (2) entrants in the August Sweepstakes, and inform those entrants that he/she has been selected to receive a new RV mattress. Sweepstakes is sponsored by Excel Distributors, LLC, 10360 SW Spokane Ct. Tualatin, OR 97062.
1. ELIGIBILITY. The Sweepstakes is open to individuals who are legal U.S. residents, who are the age of 16 or older at the commencement of the Sweepstakes Period. This Contest is void outside of the contiguous 48 states of the United States, in Puerto Rico, or other US territories and wherever else restricted or prohibited by law. Employees, officers, directors, agents, representatives of Sponsor and their immediate family members and those living in their households, and each person or entity connected with the production, administration or judging of the Sweepstakes, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible.
2. HOW TO ENTER. Eligibility requirements set forth require the entrant to provide valid email address through the website or a valid mailing address and phone number mailed into Excel Distributors, LLC, 10360 SW Spokane Ct. Tualatin, OR 97062.. 3. SELECTION AND NOTIFICATION OF CHOSEN ENTRANTS. Each Qualified Entrant from the July Sweepstakes and the August Sweepstakes will be entered into that month’s random drawing for new RV mattress. The drawings will occur on or about the following dates:
July 24, 2009 (covering the July Sweepstakes); and
August 28, 2009 (covering the August Sweepstakes)
On each of the two drawing dates, two (2) Qualified Entrants per month—July 2009 and August 2009—will be selected at random by a representative of Sponsor from among all eligible entries for the prizes (“Selected Entrant”). A Selected Entrant will be notified by way of printed mailed or online notification. All Selected Entrants will be required to respond (as directed) to the written notification within thirty (30) business days of receipt and/or by date listed in notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Sponsor may randomly select an alternate Selected Entrant from among the remaining eligible entries. Each Selected Entrant may also be sent an affidavit of eligibility / liability / publicity release (“Release”). In the event selected entrant is a minor, Release must be signed by legal guardian. Except where prohibited by law, Selected Entrants must allow Sponsor to use their name, picture, and/or winning story for marketing purposes. Selected Entrants may also be required to provide name, U.S. Social Security Number (for tax form purposes), birth date, current address and phone number. Unless restricted by law, each Selected Entrant will be required to complete and return the Release within the time period specified therein. An alternate Selected Entrant may be randomly selected from among the remaining eligible entries if a Selected Entrant: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; (iii) cannot accept or receive the prize for any reason; or (iv) chooses not to accept or receive a prize. Selected Entrants will receive the awarded prize by UPS within sixty (60) days of the completion of the Sweepstakes Period. A SELECTED ENTRANT WINNING A PRIZE IN THE JULY SWEEPSTAKES IS NOT ELIGIBLE TO WIN A PRIZE IN THE AUGUST SWEEPSTAKES.
4. PRIZES. For each of the monthly Sweepstakes drawings—July 2009 and August 2009—two (2) randomly selected Qualified Entrants from each monthly Sweepstakes will receive a prize of a current model RV mattress manufactured by Paramount Bedding Inc. (4 Selected Entrants total). All taxes are the sole responsibility of the prize winning Selected Entrant. Approximate retail value (“ARV”) of each prize is Four Hundred Dollars (U.S. $400.00). Total number of prizes: 4. Total value of all prizes: $1,600.00 U.S. for the total Sweepstakes Period, and $800.00 U.S. per drawing period. All prizes will be awarded.
5. ODDS. The odds of winning depend on the total number of entries deemed qualified during the Sweepstake Period.
6. CONDITIONS. Sweepstakes is subject to these Official Rules. By participating, entrants agree to be bound by these complete Official Rules. All decisions of Sponsor are final and binding; and entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules, except where prohibited by law. By accepting a prize, winner agrees to release Sponsor, its attorneys, affiliates, together with the respective directors, employees, officers, licensees, licensors and agents of each, including without limitation, their respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Sweepstakes, (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Sponsor reserves the right to use the Sweepstakes for publicity purposes in any media, and to use the name, likeness, and hometown name and/or prize information of Selected Entrants as part of that publicity, without any compensation or prior review unless prohibited by law. Taxes, if any, are the sole responsibility of Selected Entrants, and Selected Entrants may be issued an IRS Form 1099 for the ARV of any awarded prize. This Sweepstakes is void where prohibited or restricted by law, and subject to applicable federal, state, and local laws. Sponsor reserves the right to disqualify any entrant it finds to be tampering with the entry or selection process or the operation of the Sweepstakes or violating these Official Rules. The Releasees shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible member account statements, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsors disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. The internal laws of the State of Oregon will govern disputes regarding these Official Rules and/or this Sweepstakes. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OR FAIR PLAY OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL, IF DISCOVERED, RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. RESTRICTIONS. The prizes consist of only what is specifically described as part of the Prizes. Sponsor may at Sponsor’s sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.
8. PRIVACY. All personal information collected by Sponsor will be used for administration of the Sweepstakes. Non-personal information collected, if any, will be separated from personally identifiable information, aggregated, stored, and may be disseminated in aggregate form (without personal information) to third parties for purposes not inconsistent with EXCEL’s privacy policy. Please refer to EXCEL’s privacy policy located at http://www.exceldistributors.com/policies.html for important information regarding the collection, use and disclosure of personal information by Sponsor. EXCEL uses reasonable commercial efforts to comply with Federal CAN-SPAM and COPPA guidelines. Any questions regarding privacy matters should be directed to the address set out below.
9. JURY TRIAL WAIVER. Except as prohibited by law and as a condition of participating in this Sweepstakes, Qualified Entrant hereby waives any right he/she may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Sweepstakes, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.
10. OFFICIAL RULES. For a copy of these Official Rules, send your request in a self-addressed, stamped envelope to: Excel Distributors, RV Mattress Sweepstakes, Tualatin, Oregon 97062. Request must be received by September 1, 2009.
11. WINNERS LIST. For names of the prize winners, available after September 1, 2009, please log on to www.excelmattress.com. Winners will be posted for 90 days following the close of the Sweepstakes Period.