Mattress Firm’s Memorial Day Giveaway Instant Win Game
2017 Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES. DO NOT PLAY IF YOU ARE NOT 18 YEARS OF AGE OR OLDER AND LOCATED IN THE UNITED STATES AT THE TIME OF GAME PLAY. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
- ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older. You must have a valid email address to play. The following individuals are not eligible to enter or win a prize: employees, associates, owners, contractors, directors and officers of Mattress Firm, Inc. (the “Sponsor”), or any of its parent, subsidiaries and affiliated companies, franchisees, web design, advertising, fulfillment, legal, judging, advertising and promotion agencies involved in the administration, development, printing, fulfillment and execution of this Promotion (collectively, along with Mattress Firm, the “Promotion Parties”), and their immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each of them), and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void where prohibited.
- PROMOTION PERIOD: The Mattress Firm’s Memorial Day Giveaway Instant Win Game (“Promotion”) begins on May 19, 2017 and ends on May 29, 2017 (the “Promotion Period”).
- HOW TO PLAY: To enter the Promotion, visit a participating Mattress Firm location (“Store”) during regular business hours during the Promotion Period, enable the GPS/location-based services on your mobile device, and visit www.mattressfirmgiveaway.com (the “Website”) via your mobile browser. Allow the Website to access your device’s location when prompted, then follow the on-screen instructions to provide all required registration information and "check-in" at the Store to play the instant win game (the “Game”) and receive one (1) game play (a “Game Play”). In order to "check in" at a Store and receive a Game Play via this method, your device must be physically located at or near a participating Store, as determined by your device’s GPS/location-based services.
To enter the Promotion and play the Game without activating your device’s GPS/location-based services, visit a participating Store, locate a sales associate, and request to participate in the Game without activating your device’s GPS/location-based services. The sales associate will then access the Website on the in-store computer terminal, and following the on-screen instructions, either you or the sales associate, on your behalf, shall provide all required registration information in order to play the Game and receive one (1) Game Play.
If, upon the completion of your Game Play, you receive a winning message, along with a claim code on screen, then you are a winner – subject to verification. You will also receive an email with your claim code and instructions on how to claim your prize. If, upon the completion of your Game Play, you receive a message other than a winning prize message, you are not a prize winner. Non-winning participants will receive a message with a promotional offer (“Offers”). Offers may be subject to certain additional terms and conditions set by Sponsor. Standard data rates may apply if you access the Website from your mobile device, and you are solely responsible for any such charges. Sponsor has the right to verify that all check-ins were made in person, by the entrant. Attempting to check-in without being at or near a participating Store, in person, is prohibited and will result in disqualification.
Limit one (1) Game Play per person/email address/household/device ID, regardless of the method of Game Play. Automated means of participation are prohibited and any use of automated devices will cause disqualification. Entrants may not play using multiple email addresses, nor may entrants use any other device or artifice to play multiple times above the stated limit or as multiple entrants. Any entrant who attempts to play with multiple email addresses, or uses any device or artifice to play multiple times will be disqualified and forfeits any prize won, in Sponsor’s sole discretion. Proof of submission is not proof of receipt by Sponsor. Entrants must fully complete and submit all non-optional information requested on the online entry form to be eligible. Incomplete and inaccurate Game Plays are void. In the event of a dispute as to who submitted a Game Play, the “authorized account holder” associated with the email address used to participate will be deemed to be the entrant (provided they are eligible to participate) and must comply with these Official Rules. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Proof (to Sponsor’s satisfaction) of being the authorized account holder may be required by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules.
SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY ENTRANT WHO IS FOUND TO BE TAMPERING WITH THE OPERATION OF THE PROMOTION; TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES; OR TO BE ACTING IN AN UN-SPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ANY ACTION THAT INTERFERES WITH THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, DISTRACTING OR OTHERWISE INTERFERING WITH ANY OTHER ENTRANT’S PARTICIPATION IN THE PROMOTION IS PROHIBITED.
- GAME PRIZE SEEDING AND PRIZES:
Prizes are randomly time-seeded throughout the Promotion Period (each a “Winning Time”). The first person who completes a valid Game Play on or after one of the randomly generated Winning Times (as recorded by the Website software) will be deemed a potential instant winner of the corresponding prize, subject to verification of Game Play, eligibility, and compliance with these Official Rules. The odds of winning a prize are based upon the number of eligible Game Plays received, and the order in which they are received. The number of prizes available to be won will decrease during the Promotion Period as prizes are awarded. No more than the advertised number of prizes will be awarded.
Fifty (50) Grand Prizes: Winner will receive a Mattress Firm gift voucher good for up to $3,000 towards the purchase of one (1) mattress and one (1) matching box spring, excluding taxes and delivery charges for those items. Vouchers expire on June 1, 2017; any unused vouchers presented to a Store after that date will not be honored. Vouchers are subject to the terms and conditions thereon. Any unused voucher amounts on any purchase will not be credited or otherwise provided to the winner.
Total ARV of all prizes: $150,000.
- GENERAL PRIZE RESTRICTIONS: Limit one (1) prize per person/email address/household. Prizes are non-transferable, not redeemable, in whole or in part, for cash and no substitution is permitted, except at the sole discretion of Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize in whole or in part with one of equal or greater value. Winners are solely responsible for any federal, state, and local taxes on the prizes, and the value of any prize awarded must be reported for tax purposes where required by law. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner, regardless of whether the prize, in whole or in part, is used. ARVs are as of the date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Winner acknowledges that neither Sponsor nor any of the other Promotion Parties have made, or is in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
- WINNER NOTIFICATION AND PRIZE CLAIM: All Potential winners are subject to verification, including verification of age. Potential winners will be notified instantly and via email and will be required to complete and sign an Affidavit of Eligibility, Liability Release, and where lawful, a Publicity Release, within three (3) days of attempted notification or the prize may be forfeited. Potential winners will also be required to provide Sponsor with a valid social security number or tax identification number and complete an IRS Form W-9 before the prize will be awarded for tax reporting purposes, and winners will be issued an IRS 1099 form for the prize value. Once a prize is claimed, potential winners will have until June 1, 2017 to redeem their voucher. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is not claimed or is returned as undeliverable, the potential winner will be disqualified. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of any entrant. Unclaimed prizes will not be awarded.
- INTERNET USAGE: No liability or responsibility is assumed by Sponsor or Promotion Parties (collectively, “Releasees”) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Promotion. No responsibility or liability is assumed by the Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained promotional materials or on a Website. Use of Website is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of a Website or the download of any information from a Website, or any other loss related to user’s participation in the Promotion or receipt of any prize. As a condition of entering, entrants agree to release the Releasees from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Promotion and the awarding, receipt, possession, and/or use or misuse of any prize.
- PUBLICITY: Winners (or winners’ parent/legal guardian if winner is an eligible minor), in accepting their prize, consent to the Sponsor’s use of their name, address (city, state), photographs and likenesses for purposes of advertising, trade and promotion in any and all media, without further compensation, except in Tennessee and where prohibited by law. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Texas, U.S.A. without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Houston, Texas, U.S.A. for the resolution of any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules, and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
- WINNERS’ LIST REQUEST: For the winners list, send a self-addressed, stamped envelope to Mattress Firm’s Memorial Day Giveaway Instant Win Game, Mattress Firm, Inc., 1021 S Main Street, Houston, Texas 77025, Attn: Chief Marketing Officer – Marketing Department, on or before June 30, 2017. Only one request per envelope.
- SPONSOR: Mattress Firm, Inc., 1021 S Main Street, Houston, Texas 77025.