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Sleep Number® Rewards Program Terms of Use

Sleep Number Corporation, owner of the Sleep Number® retail stores through its affiliate, Select Comfort Retail Corporation, (“Company,” “us,” or “we”) is offering you (“you” or “Smart Sleeper”) the opportunity to earn program reward points (“Points”) through the Sleep Number® Rewards Program (“Program”) offered on the Program’s website located at www.sleepnumber.com/rewards (“Site”).

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A REQUIREMENT THAT MOST DISPUTES BETWEEN YOU AND US MUST BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT.  THERE IS NO JUDGE OR JURY IN ARBITRATION AND DISCOVERY AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.  YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS ARBITRATION REQUIREMENT.  SEE THE “ARBITRATION/CLASS ACTION WAIVER” SECTION BELOW FOR DETAILS.

 

  1. Binding Terms of Use.
    1. Company’s current terms for the administration and operation of this Program are set forth in these Terms of Use (“Terms”). The Program is provided only to the Site users who become Smart Sleeper as that term is defined below. These Terms do not amend, cancel, modify, supersede, terminate, or otherwise alter any other agreements that you have with Company.
    2. By using the Site or participating in the Program, you are bound by these Terms and indicate your agreement to them. All of Company’s decisions are final and binding. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS, REGISTER FOR, OR USE THE PROGRAM. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM WILL CONSTITUTE ACCEPTANCE AND WILL CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THESE TERMS, WITHOUT MODIFICATION.
  2. Privacy. Company’s collection and use of your personal information is governed and limited by Company’s Privacy Policy, found at www.sleepnumber.com/privacy-policy (“our Privacy Policy"), and your privacy rights which are detailed in the Privacy Policy. As detailed in the Privacy Policy, the Company shares personal information it collects through the Program with trusted vendors that assist the Company in facilitating the Program. The Company does not share the personal information it collects through the Program with data brokers. Additionally, the Company does not sell any of the personal information it collects through the Program or use it for targeted advertising. 
  3. Copyright. You hereby grant the Company and its successors, assigns, affiliates, agents, and licensees a perpetual, irrevocable, transferable, sublicense-able, worldwide, fully paid-up, royalty-free right and non-exclusive license to use, incorporate, reproduce, distribute, publicly display, modify, and promote and create derivative works of your content.
  4. Eligibility.
    1. Your purchase of a Sleep Number® mattress or mattress set from a Sleep Number® store, its website, live chat, or phone qualifies you for the Program. Sleep Number® Rewards members are known as “Smart Sleepers.”
    2. To access and use the Program, Smart Sleepers must register and create an account on the Site in accordance with Section 5.
    3. You must be at or over the age of majority in your jurisdiction of residence to register for, access, and use the Program. Access and use of the Program is intended for residents of the United States and is not intended to be used by anyone residing outside of the United States.
    4. If you do not meet the eligibility criteria in Sections 4.1, 4.2, and 4.3, then you are prohibited from accessing, using, and registering for the Program.
    5. Company may change its eligibility criteria for the Program participation at any time and at its sole discretion without notice.
    6. You may be eligible to receive Sleep Number® Rewards benefits offered by Company notwithstanding your registration of and participation in the Program.
    7. Sleep Number team members (for clarity, Sleep Number employees) may sign up for the Program by using the email address listed in their employee records. Team members may complete Activities and earn Points, but their Points cannot be redeemed for Rewards. Team members are not eligible to enter any of the Program sweepstakes.
  5. Registration.
    1. To enroll in the Program, you must:

      1. Register for an account (“Program Account”) on the Site by providing Company with your name and email address. Limit one (1) Program Account per household. You shall not create additional Program Accounts by means of registering separate email addresses. Company may refuse to accept your registration at its sole discretion; and
      2. Accept and agree to participate in the Program and use the Site in accordance with these Terms.
    2. If Company accepts your registration, Company will provide you access credentials for the Site. You are solely responsible for maintaining the confidentiality of your access credentials and accuracy of your Program Account information. You are solely responsible for any and all activities under your Program Account.
  6. Program Points and Rewards.
    1. Company establishes, at its sole discretion, the activities through which you earn Points, the number of Points you earn through such activities, the respective Point tier levels, the number of Points required to attain each tier, and the reward  available for redemption at each respective tier (“Rewards”).
    2. You earn Points by completing activities set forth on the Site by Company, including but not limited to completing surveys, reading blog posts, submitting product reviews, making referrals (through unique referral links or any other specifically-designated means established by the Company), store visits, and other activities (“Activity” or “Activities”). Company may change the type, Point value, and duration of Activities at its sole discretion and without notice to you. For a complete list of Activities and the corresponding number of Points you can earn for each Activity, please visit the Site.
    3. Points will be credited to your Program Account after you complete an Activity. You may log into your Program Account at any time to review your Points balance.
    4. There are six (6) tiers within the Program, which you attain by earning the Company-designated number of Points required for each respective tier. The six tiers in increasing rank order include: Blue Circle, Bronze Circle, Silver Circle, Gold Circle, Platinum Circle, and Diamond Circle, respectively. Once you reach a specific tier within the Program, you are eligible to redeem Rewards exclusive to Smart Sleeper who have attained that tier if you redeem your Points for a Reward, as further described in Section 6.6. Company may change the respective tiers and the Points required to attain each tier at its sole discretion and without notice to you.
    5. Restrictions. You acknowledge and agree that:

      1. Your Points do not have any cash value and may only be used to qualify for Rewards made available upon attaining a respective tier;
      2. The provision of Company products as Rewards may be time-limited or available in limited qualities;
      3. Your Points cannot be redeemed by or sold, assigned, bequeathed, or otherwise transferred to any other Smart Sleeper registered in the Program or to any other natural person, trust, for-profit or non-profit entity or organization, or other third party;
      4. All of your Points expire to the extent permitted by law upon the termination of your Program Account for any reason under these Terms;
      5. Company’s ability to credit Points to your Program Account based on completing Activities at social media sites may be restricted by the terms, conditions, or functions of such sites;
      6. You must earn Points by completing Activities in accordance with these Terms. Any Points you obtain or attempt to obtain by any means that simulates earning Points in accordance with these Terms and Company’s operation of the Program are invalid;
      7. Company’s good faith determination of the number of Points in your Program Account is final and binding; and
      8. You cannot distribute, post, share, upload, or otherwise transmit any unique referral link in any way to any third party or facilitate the distribution, posting, sharing, uploading, or transmission of any unique referral link in any way to any third party on or through any website, platform, or other digital, electronic, or social media service or site (e.g., for illustrative purposes only, Reddit, Facebook Marketplace, etc.).  For clarity, you may publish a general promotional message on digital, electronic, or social media services or sites to refer third parties to Company as an Activity set forth in these Terms without violating the prohibitions set forth in this Section 6.5.8 (e.g., for illustrative purposes only, you could post on your personal Facebook page about Company’s Program and the opportunity to refer your friends to Company and encourage your friends to contact you for a unique referral link, which you could provide through the process established by Company.  Including the unique referral link in your post would violate the prohibitions set forth in this Section 6.5.8, however, at which time Company could terminate your account in accordance with Section 7.2). 
    6. Rewards.
      1. Company shall display its current list of Rewards offered for each tier on the Site. Rewards offered may include but are not limited to Reward Certificates, automatic entry into a sweepstakes, products, or other prizes that Company may select at its sole discretion. Rewards provided at each tier are solely determined by Company.
      2. You shall review your Program Account’s Points balance when you attain a tier and redeem the Reward(s) set forth for such tier within 14 business days of attainment.
      3. Company shall conduct any and all Program sweepstakes in accordance with applicable official sweepstakes rules. You are solely responsible for reviewing such rules for any and all sweepstakes into which you are entered.
      4. Your Points shall continue to accrue even after you have redeemed any Rewards available in a respective tier.
      5. Your redemption and receipt of any Reward is final and cannot be cancelled or refunded.
      6. Additional terms and conditions may apply to Rewards and will be set forth on the Site. Any products provided by Company as Rewards will be provided “as is” with no warranty or guarantee, either express or implied by Company.
      7. You acknowledge and agree that you shall not transfer, substitute, or redeem Points for cash. You are responsible for all federal, state, and local taxes as well as any other costs or expenses associated with a Reward not specified in these Terms or on the Site as being provided. Rewards provided in the form of Rewards Certificates or product or any product awarded in connection with a sweepstakes are considered taxable income and are subject to federal, state, and local taxes. Company will issue you an IRS 1099 tax form for tax purposes if the value of the Rewards you have received in a calendar year is $600 or more.
      8. Company will send any tangible Rewards you redeem to you at the mailing or service address you provided in your Program Account. You acknowledge and agree that you may be charged shipping and handling fees set forth on the Site for any Rewards mailed to you unless a shipping promotion applies, if any. Any Rewards that can be delivered electronically shall be sent by Company to you at the email address you provided in your Program Account within five (5) business days from the date you redeem such a Reward. No Rewards will be sent to any physical or email address outside of the United States.
      9. Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc., shall not be liable for any damages, losses, or delays in connection with any shipments.
      10. Points Expiration. Once you register for the Program, you must complete at least one (1) Activity every 12 months to retain your earned but unused Points in your Program Account. To the extent permitted by law, Company will close your Program Account and clear your Points balance if you do not complete at least one (1) Activity within 365 calendar days from the date of your last Activity. Company may, at its discretion and upon a frequency established by Company, but is not obligated to, send you written notice to remind you that your Points expire after 12 months of inactivity. You are solely responsible for monitoring your Program Account, Point balance, and Activity completion.
  7. Account Termination.
    1. Except as otherwise provided in these Terms, you may close your Program Account at any time in accordance with the Site’s procedure for closing your Program Account.
    2. Company may terminate your Program Account at any time and at its discretion should Company deem your use of the Program to fail or appear to fail to comply with any provision of these Terms or any federal, state, and local law, statute, ordinance, or regulation. All your Points expire to the extent permitted by law upon the termination of your Program Account for any reason.
  8. Account Reactivation. You may reactivate your Program Account if it was closed or terminated in accordance with Sections 6.6.10 or 7.1. Your reactivation of your Program Account does not restore your Points balance from your closed or terminated Program Account.
  9. User Rules and Conduct.
    1. The Program is provided to you only for your personal, non-commercial use. Any unauthorized use of the Program and the Site is expressly prohibited. You are solely responsible for all acts or omissions that occur under your Program Account, username, or password, including any and all social media or product review content posted or submitted in connection with the Program.
    2. You acknowledge and agree that you will not use the Program and the Site for any purpose that is unlawful, commercial in nature, , capital, or  any partisan or political advocacy activities, or prohibited by the Terms or any other agreement you have with Company.
    3. You acknowledge and agree to use the Program in compliance with all federal, state, and local laws, statutes, ordinances, or regulations.
    4. You acknowledge and agree that any product reviews you submit in connection with the Program comply with the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising and its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials.
    5. You acknowledge and agree that you will not take any action or upload, post, submit, or otherwise distribute or facilitate the distribution of any content in connection with the Program through the Site, social media platform, product review portal, or any other electronic or digital communication platform in any manner that:

      1. Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, or which otherwise violates these Terms;
      2. Infringes any copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy of another natural person, entity or organization, or other third party;
      3. Makes any reference to another natural person by their full name or by including any information about such natural person that they could be identified by name, entity or organization, or other third party (including Company competitors), including their website, mailing or service address, email address, or phone number;
      4. Company deems as or that it may reasonably consider to be defamatory, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any natural person, entity or organization, or other third party;
      5. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail distribution such as spamming, chain letters, or any form of lottery or gambling;
      6. Imposes an unreasonable or disproportionately large load on Company’s computing, storage, or communications infrastructure, or that attempts to gain unauthorized access to the Program, other Program Accounts, computer systems, or networks connected to the Program, through password mining or otherwise;
      7. Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or network system or to damage or obtain unauthorized access to any system, data, or other information of Company or any third party;
      8. Creates Smart Sleeper accounts by any automated means or under false or misleading pretenses;
      9. Harvests, scrapes, or collects any information from the Program or the Site;
      10. Disguises the source of your content posted by you; or
      11. Impersonates any person or entity, including any employee or representative of Company.
    6. You acknowledge and agree that you have not received compensation or any consideration from another natural person, entity or organization, or other third party (including Company competitors) for any and all content or product reviews posted or submitted in connection with the Program.
    7. You acknowledge and agree that Company may immediately suspend or terminate your access to the Program at its sole discretion should Company deem your use of the Program to fail or appear to fail to comply with any provision of these Terms.
  10. Liability. YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO CROWDTWIST, INC., SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release, and hold harmless Company, Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and its third-party service providers, including but not limited to CrowdTwist, Inc. Company, Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc., are not responsible for delayed, late, lost, incomplete, inaccurate, or undelivered Rewards, or any other problems of any kind relating to or in connection with the Program. An Smart Sleeper found tampering with or abusing any aspect of the Program or the Site, acting in a disruptive manner, or who is otherwise not in compliance with these Terms as solely determined by Company may be removed from the Program and all such Smart Sleeper’s Points and Rewards will be void. Company, Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc., are not responsible for injury or damage to your computer or any mobile device or any other person’s computer or mobile device related to or resulting from your participation in the Program or downloading materials from or use of the Site. You acknowledge and agree that you are solely responsible for any and all internet access costs, service charges, and any other fees incurred by your use of the internet or any wireless communications networks on any computer, mobile device, or any other device in connection with the Program.
  11. Disclaimer of Warranties. THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." THE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, AFFILIATES, AND ITS THIRD-PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO CROWDTWIST, INC., DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
  12. Sign-In Credentials. You are responsible for maintaining the confidentiality of your sign-in credentials for your Program Account and are fully responsible for all activities that occur through the use of them. You agree that Company will not be liable for any loss or damage arising from unauthorized use of your credentials.
  13. Cancellation, Modification, or Termination of Terms. Company reserves the right to amend any of these Terms at any time and at its sole discretion without prior written notice at any time. All changes are effective upon Company’s posting of the updated Terms on the Site. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST DISCONTINUE USING THE SITE AND TERMINATE YOUR PROGRAM ACCOUNT.
  14. Arbitration/ Class Action Waiver. Please review this section carefully.  It provides that most “Disputes” between us must be resolved in binding, individual arbitration, and not in court.  Arbitration replaces the right to go to court and the right to have a judge or jury decide a dispute, and discovery procedures and appellate rights are more limited in arbitration than in court.  “Individual” means that the arbitrator may award the same remedies to you as a court could, but to the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.  “Binding” means that both you and we will have to accept and follow the arbitrator’s decision, except to the limited extent appeals to a court are permitted under applicable law.  The award entered by the arbitrator may be confirmed or enforced in any court having jurisdiction.

The term “Disputes” that must be arbitrated means any dispute, claim, or controversy—excluding only those exceptions listed below—between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse.  This includes Disputes that arose prior to your entry into this Agreement.  The term Disputes also includes disputes regarding the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.  In other words, if you believe this agreement is unenforceable against you for any reason or that a claim you are asserting should not be resolved in arbitration, the decision about this will be made by the arbitrator, not by a court, unless this Agreement expressly says otherwise.

The exceptions to arbitration are: (a) claims that can be brought as individual actions in small claims court; (b) pursuit of enforcement actions through a government agency, if the law allows; (c) an action to compel or uphold any prior arbitration decision; (d) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (e) claims of intellectual property infringement or misappropriation; (f) claims that are the subject of a proposed class or collective action settlement in any court; (g) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (h) certain roles expressly specified for courts in the terms below.

Time Limit to Pursue a Dispute.  To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose.  If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, the shorter deadline applies instead.  The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you or we will not have the right to assert the Dispute.

Informal Resolution. If you have a Dispute against us, or we have a Dispute against you, you and we will make a good-faith effort to negotiate a resolution any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.  The two-year time limit for asserting Disputes, as well as any applicable statutes of limitations, will be tolled from the date of receipt of a compliant Notice of Dispute.

You must send any Notice of Dispute to the following address: Sleep Number Corporation, ATTN Legal Department, 1001 Third Avenue South, Minneapolis, MN 55404 or by email to Legal@Sleepnumber.com. We will send any Notice of Dispute to you at your registered email address and to the residential address you provided to us.  The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute, and what resolution to the Dispute is being sought.

The Notice of Dispute requirement is designed to allow us (or you, in the case of a Dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so.  You and we cannot proceed to arbitration unless this information has been provided.  If you or we proceed to arbitration without providing what the other party believes in good faith to be a compliant Notice of Dispute, the other party may ask a state (or, if federal jurisdiction exists, a federal) court in Minneapolis, Minnesota to enjoin the filing of any arbitration demand that has not been preceded by a compliant Notice of Dispute and the Informal Resolution process.  You and we consent to the jurisdiction of the courts in Minneapolis, Minnesota, for this purpose.  The court may order a party that has filed an arbitration demand without having first provided a compliant Notice of Dispute and completed the Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred.

Small Claims Court.  You and we agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small claims court in either the county where you live or in Minneapolis, Minnesota, may be brought as individual actions in such small claims courts.  We hope you will try Informal Resolution first, and you must do so before commencing an arbitration, but you do not have to complete the Informal Resolution process before going to small claims court.

Arbitration Procedure and Location.  Any arbitration under this Arbitration provision shall be administered by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms.  These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.

The arbitration will be conducted by a single arbitrator selected pursuant to the Rules.  You and we both agree that the arbitration will be conducted in the English language.  The arbitrator will apply these Program Terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.

For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Minneapolis, Minnesota, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence or in such other place the arbitrator deems to be mutually convenient for the arbitrator and parties.

Unless you and we agree otherwise, the arbitrator’s decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. 

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or us to satisfy one of our individual claims that the arbitrator determines are supported by credible relevant evidence. 

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Arbitration Fees.  The party initiating an arbitration must pay the claimant’s share of NAM’s initial filing fee.  If you are a consumer as defined in the Rules, your share of the filing fee is less than the cost of initiating a dispute in many courts.  Nevertheless, if your dispute is a consumer dispute and the initiation fee poses a hardship for you, we will consider your request that we pay the filing fee on your behalf. All other payments will be as directed by the Rules, which impose most costs on the company in consumer disputes.  Either or both parties may elect to be represented by counsel in arbitration, but each party shall bear its own costs of attorneys, experts, and witness fees, subject to the prevailing party’s potential right to seek reimbursement of those fees if applicable law allows this. 

Special Rules for Coordinated Filings.  If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” We will pay only the company’s share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute beginning at the time of such notification, but demands for arbitration in Coordinated Cases shall only be filed with NAM as permitted by the bellwether process set forth below, and we may not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once counsel for Coordinated Cases have advised us that they have provided Notices of Dispute for all or nearly all claimants, counsel for claimants in the Coordinated Cases and our counsel shall confer in good faith regarding the number of cases that should proceed as bellwethers to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and our counsel do not agree on the number of bellwethers, the number shall be chosen by NAM as an administrative matter (or, in NAM’s discretion, by a process arbitrator). Factors that NAM may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is not among the Coordinated Cases chosen to be filed against us, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims. 

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinated Cases and our counsel agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If our counsel and counsel for claimants in the Coordinated Cases cannot agree on a mediator within 30 days, NAM will appoint a mediator as an administrative matter. Our counsel and counsel for the claimants in the Coordinated Cases agree to cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, then claimants in Coordinated Cases who notified us of their Disputes but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Disputes. Instead, outstanding claims from such cases may be filed only in the state courts in Minneapolis, Minnesota, or if federal jurisdiction exists, in the United States District Court for the District of Minnesota, Fourth Division (Minneapolis Division), and if the case is assigned to a division other than the Fourth Division, you consent to transfer to the Fourth Division.  You consent as part of this Agreement to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who notified us of their Disputes prior to the start of the bellwether process, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.

If the parties to an arbitration disagree about whether cases are Coordinated Cases or regarding NAM’s compliance with the bellwether process, a court shall have authority to enforce the bellwether process.  This includes the authority to enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Continuation in Effect.  The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and us.

Future Terms Changes.  Although we may revise these dispute resolution terms in our discretion, we do not have the right to alter this agreement to arbitrate, or the arbitration rules or procedures specified herein, with respect to any Dispute once you have notified us of that Dispute, if such change would make arbitration procedures materially less favorable to you as the claimant.  The question of whether a change to arbitration rules or procedures is materially less favorable to a claimant shall be decided by NAM as a process matter.

Your Time-Limited Right to Opt Out of the Arbitration Requirement.  You have the right to opt out of and not to be bound by the binding individual arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address: Sleep Number Corporation, ATTN Legal Department, 1001 Third Avenue South, Minneapolis, MN 55404 or by email to Legal@Sleepnumber.com.

Your notice must include your name, mailing address, and email address, state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms, and your signature.  TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to disputes with you.

Class Action Waiver.  To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that, as set forth above, if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases. Otherwise, to the maximum extent permitted by applicable law, you and we will only bring disputes, claims, or controversies against each other in an individual capacity only and shall not:

  • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
  • consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.

Severability.  If all or any provision of this agreement to arbitrate is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed, and the rest of this agreement to arbitrate shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and we agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

 

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