Daybreak Promotions
Daybreak Referral Giveaway Official Rules
Make a Referral Using a Discount Code for One $50 Amazon Gift Card for Up To Two Referrals!
HOW TO ENTER: During the Giveaway Period (as defined below), refer a friend or family member who has obstructive sleep apnea to Daybreak, and if the referred individual uses your designated discount code (which provides a benefit of $100.95 off of the referred individual’s Daybreak sleep test purchase) to purchase a Daybreak sleep test and completes their sleep test within seven (7) days of delivery, then you will receive one (1) $50 Amazon Gift Card (limit two per discount code), which referral will serve as (a) an agreement by you as an entrant into this Giveaway and (b) as an agreement to be bound by these Daybreak Giveaway Official Rules terms (“Agreement”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: This Daybreak Giveaway (“Giveaway”) is open only to legal residents of the United States and the District of Columbia who are 18 years of age or older as of date of entry. Employees of Sleepcare LLC (d/b/a Daybreak) (“Sponsor”), and its respective parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. This Giveaway is subject to all applicable federal, state and local laws. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering, you understand that you are providing your information to Sponsor and not to a social platform.
GIVEAWAY PERIOD: Giveaway begins at 12am PT on Monday, June 16, 2025 and continues until 11:59pm PT on Sunday, August 31, 2025 (“Giveaway Period”). Sponsor’s clock is the official time keeping device for this Giveaway.
Two (2) entries during the Giveaway Period is allowed per entrant. Entrants that create multiple accounts to duplicate entries will be disqualified. Entries must be received by 11:59pm PT on the final day of the Giveaway Period to be eligible for the Giveaway. Entries generated by script, macro, mechanical or other automated means or means which subvert the entry process will be void. Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and must contain truthful statements. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner outlined in these Official Rules, including, without limitation, name and likeness permissions from any person who is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons who are identifiable in the entry consent to the submission and use of the entry in the Giveaway and to its use as otherwise set forth herein. For any review entrant submits in connection with the Giveaway, entrant agrees to comply with all applicable federal or state laws, including, but not limited to, the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and Sponsor shall comply with disclosure requirements, which may include indicating a review entrant is receiving an opportunity to win a prize in the Giveaway where applicable.
RELEASE: Sponsor’s decisions are final and binding on all matters relating to this Giveaway. Giveaway winners will be notified via email when each such winner receives the gift card prize. If prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited.
PRIZE: Up to two (2) $50 Amazon Gift Cards per entrant will be awarded during or following the Giveaway Period to the winners of the Giveaway. Approximate Retail Value (“ARV”) of prize: $50 each. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prize is non-transferable. The Winner may not substitute or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. The Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not expressly specified herein as being provided by Sponsor. All prize details are at Sponsor’s sole discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) this Giveaway is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram; (b) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Giveaway; and (c) to release, discharge and hold harmless Sponsor, and its respective parents, affiliates, subsidiaries, licensors, licensees, designees and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Sponsor”), Facebook and Instagram from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Giveaway or any Giveaway -related activity or the acceptance, possession, use or misuse of any awarded prize. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Giveaway without the prior consent of the Sponsor, which it may withhold in its sole discretion.
LICENSE/USE OF ENTRIES: By submitting an entry, you grant the Sponsor a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, review, name, and biographical material including, but not limited to, all materials submitted in connection with the Giveaway in any and all media, throughout the world, and in any manner for the purpose of executing the Giveaway in compliance with applicable law (e.g., providing notice of the winners), without review, notice, approval, consideration, or compensation to entrant or any third party.
MISCELLANEOUS: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled entries, reviews, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, reviews, the announcement of the prizes, or in any Giveaway-related materials. Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Sponsor is not responsible for injury or damage to any person’s computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, posts, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway (or portion thereof) and, if terminated, at its discretion, select the potential winner(s) for the random drawing(s) at issue from all eligible, non-suspect entries received for the applicable drawing(s) prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Giveaway, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration (“Arbitration”) under the rules of then-existing Rules of Practice and Procedures of JAMS. The Arbitration shall be held in the city of Los Angeles, California, unless the participant and Sponsor (“Parties”) mutually agree to have such proceeding in some other locale; the exact time and location shall be decided by the arbitrator(s) selected in accordance with the then existing Rules of Practice and Procedures of JAMS. The arbitrator(s) shall apply California substantive law, or federal substantive law where state law is preempted. Civil discovery for use in such Arbitration shall be conducted in accordance with the provisions of California law that would apply if the matter were being litigated in Superior Court in the State of California. The arbitrator(s) selected shall have the power to enforce the rights, remedies, duties, liabilities and obligations of discovery by the imposition of the same terms, conditions and penalties as can be imposed in like circumstances in a civil action by a court of competent jurisdiction of the State of California. The arbitrator(s) shall have the power to grant all legal and equitable remedies provided by California law and award compensatory damages provided by California law. The arbitrator(s) shall prepare in writing and provide to the Parties an award including factual findings and the legal reasons on which the award is based. The arbitrator(s) shall not have the power to commit errors of law, or legal reasoning, nor shall the arbitrator(s) have the power to modify, change or excuse performance of any material term of this Agreement. Any judicial review of the arbitrator(s) decision shall be governed by the California Rules of Court, except that the Parties expressly grant the California courts the authority to correct errors of law, and modify the arbitrator(s)’ ruling to avoid errors of law or the failure to follow the terms of this Agreement. Judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction. All aspects of any dispute or Arbitration, including but not limited to the claim or controversy giving rise to the Dispute, related findings, remedies, and outcome, shall be kept confidential by the Parties.Each party in any Arbitration hereunder shall bear its own Arbitration fees and costs, including, without limitation, attorneys’ fees, expert and non-expert witness costs and expenses, and the fees and expenses of the arbitrator(s). The judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Giveaway), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
PRIVACY: Information submitted with an entry is subject to the Privacy Policy.
REQUEST FOR WINNERS’ NAMES: For the name of the winners send an inquiry to support@thedaybreak.com by the last day of the second calendar month following the Giveaway Period
SPONSOR: Sleepcare LLC, 201 S. Division Street, Suite 400 Ann Arbor, MI 48104
Daybreak Referral Giveaway Official Rules
Make a Referral Using a Discount Code for One $25 Amazon Gift Card for Up To Two Referrals!
Expired: Sunday, June 15, 2025
HOW TO ENTER: During the Giveaway Period (as defined below), refer a friend or family member who has obstructive sleep apnea to Daybreak, and if the referred individual uses your designated discount code (which provides a benefit of $80.95 off of the referred individual’s Daybreak sleep test purchase) to purchase a Daybreak sleep test and completes their sleep test within seven (7) days of delivery, then you will receive one (1) $25 Amazon Gift Card (limit two per discount code), which referral will serve as (a) an agreement by you as an entrant into this Giveaway and (b) as an agreement to be bound by these Daybreak Giveaway Official Rules terms (“Agreement”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: This Daybreak Giveaway (“Giveaway”) is open only to legal residents of the United States and the District of Columbia who are 18 years of age or older as of date of entry. Employees of Sleepcare LLC (d/b/a Daybreak) (“Sponsor”), and its respective parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. This Giveaway is subject to all applicable federal, state and local laws. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering, you understand that you are providing your information to Sponsor and not to a social platform.
GIVEAWAY PERIOD: Giveaway begins at 12am PT on Tuesday, December 17, 2024 and continues until 11:59pm PT on Sunday, June 15, 2025 (“Giveaway Period”). Sponsor’s clock is the official time keeping device for this Giveaway.
Two (2) entries during the Giveaway Period is allowed per entrant. Entrants that create multiple accounts to duplicate entries will be disqualified. Entries must be received by 11:59pm PT on the final day of the Giveaway Period to be eligible for the Giveaway. Entries generated by script, macro, mechanical or other automated means or means which subvert the entry process will be void. Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and must contain truthful statements. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner outlined in these Official Rules, including, without limitation, name and likeness permissions from any person who is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons who are identifiable in the entry consent to the submission and use of the entry in the Giveaway and to its use as otherwise set forth herein. For any review entrant submits in connection with the Giveaway, entrant agrees to comply with all applicable federal or state laws, including, but not limited to, the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and Sponsor shall comply with disclosure requirements, which may include indicating a review entrant is receiving an opportunity to win a prize in the Giveaway where applicable.
RELEASE: Sponsor’s decisions are final and binding on all matters relating to this Giveaway. Giveaway winners will be notified via email when each such winner receives the gift card prize. If prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited.
PRIZE: Up to two (2) $25 Amazon Gift Cards per entrant will be awarded during or following the Giveaway Period to the winners of the Giveaway. Approximate Retail Value (“ARV”) of prize: $25 each. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prize is non-transferable. The Winner may not substitute or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. The Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not expressly specified herein as being provided by Sponsor. All prize details are at Sponsor’s sole discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) this Giveaway is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram; (b) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Giveaway; and (c) to release, discharge and hold harmless Sponsor, and its respective parents, affiliates, subsidiaries, licensors, licensees, designees and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Sponsor”), Facebook and Instagram from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Giveaway or any Giveaway -related activity or the acceptance, possession, use or misuse of any awarded prize. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Giveaway without the prior consent of the Sponsor, which it may withhold in its sole discretion.
LICENSE/USE OF ENTRIES: By submitting an entry, you grant the Sponsor a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, review, name, and biographical material including, but not limited to, all materials submitted in connection with the Giveaway in any and all media, throughout the world, and in any manner for the purpose of executing the Giveaway in compliance with applicable law (e.g., providing notice of the winners), without review, notice, approval, consideration, or compensation to entrant or any third party.
MISCELLANEOUS: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled entries, reviews, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, reviews, the announcement of the prizes, or in any Giveaway-related materials. Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Sponsor is not responsible for injury or damage to any person’s computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, posts, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway (or portion thereof) and, if terminated, at its discretion, select the potential winner(s) for the random drawing(s) at issue from all eligible, non-suspect entries received for the applicable drawing(s) prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Giveaway, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration (“Arbitration”) under the rules of then-existing Rules of Practice and Procedures of JAMS. The Arbitration shall be held in the city of Los Angeles, California, unless the participant and Sponsor (“Parties”) mutually agree to have such proceeding in some other locale; the exact time and location shall be decided by the arbitrator(s) selected in accordance with the then existing Rules of Practice and Procedures of JAMS. The arbitrator(s) shall apply California substantive law, or federal substantive law where state law is preempted. Civil discovery for use in such Arbitration shall be conducted in accordance with the provisions of California law that would apply if the matter were being litigated in Superior Court in the State of California. The arbitrator(s) selected shall have the power to enforce the rights, remedies, duties, liabilities and obligations of discovery by the imposition of the same terms, conditions and penalties as can be imposed in like circumstances in a civil action by a court of competent jurisdiction of the State of California. The arbitrator(s) shall have the power to grant all legal and equitable remedies provided by California law and award compensatory damages provided by California law. The arbitrator(s) shall prepare in writing and provide to the Parties an award including factual findings and the legal reasons on which the award is based. The arbitrator(s) shall not have the power to commit errors of law, or legal reasoning, nor shall the arbitrator(s) have the power to modify, change or excuse performance of any material term of this Agreement. Any judicial review of the arbitrator(s) decision shall be governed by the California Rules of Court, except that the Parties expressly grant the California courts the authority to correct errors of law, and modify the arbitrator(s)’ ruling to avoid errors of law or the failure to follow the terms of this Agreement. Judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction. All aspects of any dispute or Arbitration, including but not limited to the claim or controversy giving rise to the Dispute, related findings, remedies, and outcome, shall be kept confidential by the Parties.Each party in any Arbitration hereunder shall bear its own Arbitration fees and costs, including, without limitation, attorneys’ fees, expert and non-expert witness costs and expenses, and the fees and expenses of the arbitrator(s). The judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Giveaway), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
PRIVACY: Information submitted with an entry is subject to the Privacy Policy.
REQUEST FOR WINNERS’ NAMES: For the name of the winners send an inquiry to support@thedaybreak.com by the last day of the second calendar month following the Giveaway Period
SPONSOR: Sleepcare LLC, 201 S. Division Street, Suite 400 Ann Arbor, MI 48104
Daybreak Sweepstakes Official Rules
Complete a Complimentary Insurance Coverage Check for a Chance to Win a Free At-Home Sleep Test!
Expired: Saturday, June 15, 2024
HOW TO ENTER: During the Sweepstakes Period (as defined below), complete the insurance check submission form (located at the following weblink: https://www.thedaybreak.com/insurance-check) accurately, and submit it by clicking “Submit”, which will serve as (a) an agreement by entrants that their submission is an entry into this Sweepstakes and (b) as an agreement to be bound by these Daybreak Sweepstakes Official Rules terms (“Agreement”). One (1) winner will be selected following the Sweepstakes Period.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: This Daybreak Sweepstakes (“Sweepstakes”) is open only to legal residents of the United States and the District of Columbia who are 18 years of age or older as of date of entry. Employees of Sleepcare LLC (d/b/a Daybreak) (“Sponsor”), and its respective parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering, you understand that you are providing your information to Sponsor and not to a social platform.
SWEEPSTAKES PERIOD: Sweepstakes begins at 12am PT on Monday, June 10, 2024 and continues until 11:59pm PT on Friday, June 14, 2024 (“Sweepstakes Period”). Sponsor’s clock is the official time keeping device for this Sweepstakes. The Sweepstakes will have one (1) winner.
One (1) entry during the Sweepstakes Period is allowed per entrant. Entrants that create multiple accounts to duplicate entries will be disqualified. Entries must be received by 11:59pm PT on the final day of the Sweepstakes Period to be eligible for the Sweepstakes. Entries generated by script, macro, mechanical or other automated means or means which subvert the entry process will be void. Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and must contain truthful statements. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons who are identifiable in the entry consent to the submission and use of the entry in the Promotion and to its use as otherwise set forth herein. For any review entrant submits in connection with the Sweepstakes, entrant agrees to comply with all applicable federal or state laws, including, but not limited to, the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and Sponsor shall comply with disclosure requirements, which may include indicating a review entrant is receiving a chance to win a prize in the Sweepstakes where applicable.
RANDOM DRAWINGS/ODDS: One (1) winner from entrants made during the Sweepstakes Period will be selected at random following the close of the Sweepstakes Period among all eligible entries received during the Sweepstakes Period. Odds of winning the Sweepstakes prize depend on the number of eligible entries received and the quality of the submissions.
WINNER NOTIFICATION AND RELEASE: Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. Sweepstakes potential winners will be notified via email and will be required as a condition of winning the Sweepstakes to execute and return a fully-executed affidavit of eligibility, a liability release and a publicity release within five (5) calendar days of date of issuance. If such document is not fully-executed and returned within the specified time period, prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the applicable Sweepstakes. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
PRIZE: (One (1)): An At-Home Sleep Test will be awarded following the Sweepstakes Period to the winner of the Sweepstakes. Approximate Retail Value (“ARV”) of prize: $159.95. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prize is non-transferable. The Winner may not substitute or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. The Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not expressly specified herein as being provided by Sponsor. All prize details are at Sponsor’s sole discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) this Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram; (b) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; (c) to release, discharge and hold harmless Sponsor,and its respective parents, affiliates, subsidiaries, licensors, licensees, designees and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Sponsor”), Facebook and Instagram from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of any awarded prize; and (d) to the use of his/her name, voice, performance, photograph, image, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion.
LICENSE/USE OF ENTRIES: By submitting an entry, you grant the Sponsor a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, review, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without review, notice, approval, consideration, or compensation to entrant or any third party, including without limitation, in and in connection with the photography, audiovisual productions and content relating to the products and services of Sponsor and the marketing and/or endorsement materials and initiatives and other ancillary activities thereto, whether in relation to this Sweepstakes or otherwise (collectively, “Promotion”).
MISCELLANEOUS: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled entries, reviews, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, reviews, the announcement of the prizes, or in any Promotion-related materials. Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Sponsor is not responsible for injury or damage to any person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, posts, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) and, if terminated, at its discretion, select the potential winner(s) for the random drawing(s) at issue from all eligible, non-suspect entries received for the applicable drawing(s) prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes and/or any Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration (“Arbitration”) under the rules of then-existing Rules of Practice and Procedures of JAMS. The Arbitration shall be held in the city of Los Angeles, California, unless the participant and Sponsor (“Parties”) mutually agree to have such proceeding in some other locale; the exact time and location shall be decided by the arbitrator(s) selected in accordance with the then existing Rules of Practice and Procedures of JAMS. The arbitrator(s) shall apply California substantive law, or federal substantive law where state law is preempted. Civil discovery for use in such Arbitration shall be conducted in accordance with the provisions of California law that would apply if the matter were being litigated in Superior Court in the State of California. The arbitrator(s) selected shall have the power to enforce the rights, remedies, duties, liabilities and obligations of discovery by the imposition of the same terms, conditions and penalties as can be imposed in like circumstances in a civil action by a court of competent jurisdiction of the State of California. The arbitrator(s) shall have the power to grant all legal and equitable remedies provided by California law and award compensatory damages provided by California law. The arbitrator(s) shall prepare in writing and provide to the Parties an award including factual findings and the legal reasons on which the award is based. The arbitrator(s) shall not have the power to commit errors of law, or legal reasoning, nor shall the arbitrator(s) have the power to modify, change or excuse performance of any material term of this Agreement. Any judicial review of the arbitrator(s) decision shall be governed by the California Rules of Court, except that the Parties expressly grant the California courts the authority to correct errors of law, and modify the arbitrator(s)’ ruling to avoid errors of law or the failure to follow the terms of this Agreement. Judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction. All aspects of any dispute or Arbitration, including but not limited to the claim or controversy giving rise to the Dispute, related findings, remedies, and outcome, shall be kept confidential by the Parties.Each party in any Arbitration hereunder shall bear its own Arbitration fees and costs, including, without limitation, attorneys’ fees, expert and non-expert witness costs and expenses, and the fees and expenses of the arbitrator(s). The judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
PRIVACY: Information submitted with an entry is subject to the Privacy Policy.
REQUEST FOR WINNER’S NAMES: For the name of the winner send an inquiry to support@thedaybreak.com by the last day of the second calendar month following the Sweepstakes Period
SPONSOR: Sleepcare LLC, 201 S. Division Street, Suite 400 Ann Arbor, MI 48104