Sponsored by Mattress Firm
June 17, 2023
Official Rules
NO PURCHASE, APPLICATION, OR USE OF MATTRESS FIRM PRODUCTS OR SERVICES IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Mattress Firm’s “Matty Firm Pool Float Giveaway” Instagram contest (the "Contest") is open only to legal residents of the United States and the District of Columbia. Participants must be at least eighteen (18) years of age at the time of entry and have an Instagram account to be eligible. Employees, officers and directors of Mattress Firm, and their parent companies, subsidiaries, affiliates, franchisees, advertising and promotion agencies, or law firms (collectively, the “Contest Entities”), and the immediate family members of any such employee, officer or director, and any person residing in their same households, whether or not related, are not eligible to participate in the Contest or win a Prize. The term “immediate family member” includes spouses, un-married partners, parents, grandparents, siblings, children, and grandchildren and their respective spouses, regardless of where they reside. By entering the Contest, participants agree to accept and be bound by all terms of these Official Rules and Mattress Firm’s decisions. The Contest is subject to all federal, state and local laws and regulations and is void wherever prohibited by law.
2. SPONSOR: Mattress Firm, Inc., 10201 South Main Street, Houston, Texas 77025 (“Mattress Firm,” “Sponsor” or the “Company”). The Contest is in no way sponsored, endorsed or administered by or associated with Instagram. By entering, you understand that you are providing your information to Mattress Firm, and not to Instagram.
3. AGREEMENT TO OFFICIAL RULES: Entry in the Contest constitutes participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Contest begins at 9:00 a.m. CST on Saturday, June 17, 2023 and concludes at 9:00 a.m. CST on Monday, June 19, 2023 (the “Entry Period”). Entries submitted prior to or after the Entry Period will be disqualified.
5. HOW TO ENTER:
- During the Entry Period, you must enter by following @mattressfirm, and comment/tag one (1) other Instagram handle using the hashtag #MattyFloaty on @mattressfirm’s Instagram Post from Saturday, June 17, 2023.
- You must follow @mattressfirm on Instagram for your entry to be considered valid.
All eligible Entries received during the entire Entry Period must be received by 9:00 a.m. CST on Monday, June 19, 2023 to be eligible for the random drawing. The clock used by Instagram will be the official clock for the Contest.
Use of computer programs and other automatic means to enter the Contest is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply.
Any attempt by any entrant to obtain more than the permitted number of Entries by using multiple and/or different identities, registrations, addresses or any other method will void all of that entrant’s Entries and that entrant may be disqualified at Sponsor’s discretion. None of the Contest Entities shall be responsible for misdirected, incomplete, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit a participant’s ability to participate in the Contest or damage to a user’s system as a result of participation in the Contest or downloading of any information necessary to participate in the Contest. False or deceptive entries or acts, as determined by Sponsor or Promoter, will render the entrant ineligible. Sponsor reserves the right, in its sole discretion, to cancel or modify the Contest should any computer virus, malfunction or other cause beyond their control corrupt the administration, security or proper operation of the Contest. All entries become the property of Sponsor and will not be returned. All entries must be submitted in the name of an individual person and a prize can only be awarded to the person whose name is on or corresponds to each winning entry. Unclaimed prizes may not be awarded.
6. HOW TO WIN: The Promoter will randomly select five (5) winners from all eligible entries received to date on or around the following dates:
- Monday, June 19, 2023
The potential winners will be notified through a comment on their original contest entry on Instagram or a reply to their original contest entry on Instagram. Within forty-eight (48) hours after notification is sent, the potential winner must respond on Instagram confirming eligibility and acceptance of the Prize to become a “Winner.” If a potential winner does not submit a timely reply, an alternate winner may be selected at Sponsor’s sole discretion. Notification is deemed sent when the comment is posted by Sponsor. All decisions of Sponsor and/or Promoter in all matters relating to the Contest are final and binding. The odds of winning a Prize depend on the number of eligible entries received during the Entry Period. Sponsor, and/or Promoter, may elect, at its sole discretion, to select an alternate winner from eligible entries, if the Prize or Prize notification is returned as undeliverable, the potential winner fails to respond to notification attempt within the stated time period, or in the event the potential winner declines the Prize. If no eligible Winner can be identified after reasonable attempts, Prize may not be awarded.
7. PRIZE: The reporting and payment of any tax liabilities incurred by the entrant as a result of this Contest and any Prize won are the sole responsibility of the entrant. No substitution or transfer of Prize or cash redemptions permitted by Winner without Sponsor’s consent. Unclaimed prizes may not be awarded. Prizes include:
a. Prize: The total approximate retail value of the five (5) prize totals $132+tax:
i. Matty Firm Pool Floaty
8. GENERAL CONDITIONS, RELEASE, INDEMNIFICATION AND LIMITATIONS OF LIABILITY: By entering the Contest, entrants agree to release, indemnify, hold harmless and defend the Contest Entities, Instagram, from any and all liability claims or actions of any kind whatsoever for injuries, damages or losses to persons (including wrongful death) and property which may be sustained in connection with the receipt, ownership, possession or use of the Prize by Winner and/or other users of the Prize, or while winner and/or guest or user of the Prize is preparing for, participating in, and/or traveling to or from any prize-related activity. The Contest Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, acceptance, possession and/or subsequent use or misuse of the Prize awarded. In the event more Winner notifications are issued, or more winning Prize claims are received, than the number of Prizes set forth in these Official Rules due to computer, printing, seeding, human, or other error or problem, Sponsor and/or Promoter may select an alternate winner to award the proper number of Prizes as set forth in these Official Rules. In the event of sabotage, acts of God, computer virus or other events or causes beyond the Sponsor’s reasonable control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right to cancel or suspend the Contest. In the event of cancellation, Prize will be awarded from among all eligible, non-suspect entries received prior to the event requiring such cancellation. As a condition of entering the Contest, entrant hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE ANY CONTEST ENTITY, INCLUDING INSTAGRAM, MATTRESS FIRM, INC AND ITS AFFILIATES FOR ANY AND ALL LOSS OR DAMAGE, AND/OR ANY CLAIM OR DEMANDS THEREFORE, ON ACCOUNT OF TAXES OWED OR INJURY TO THE PERSON (INCLUDING WRONGFUL DEATH) OR PROPERTY ARISING OUT OF OR RELATED TO USE, OWNERSHIP OR RECEIPT OF THE PRIZE AND/OR TRAVELING TO OR FROM ANY PRIZE-RELATED ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF A CONTEST ENTITY OR OTHERWISE.
9. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Contest entrant and Sponsor, and/or Promoter, shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Texas. In any action brought to enforce the obligation or right of any party hereunder, they consent to personal jurisdiction and venue in any court of appropriate jurisdiction in Houston, Harris County, Texas, USA. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
10. PRIVACY STATEMENT/DATA COLLECTION & USE/RELEASE. The information submitted by all entrants will be available to Mattress Firm. For more information on how this information may be used by the Company, please read its Privacy Policy, which can be found at https://www.mattressfirm.com/privacy-policy.html. In addition, by entering this Contest, you agree that Mattress Firm may use the information you provide to contact you from time to time regarding special offers and promotions it thinks may be of interest to you and for other marketing and business purposes. By entering the Contest, entrant agrees to the use by Mattress Firm and its designees of his/her name, city and state of residence, and photograph/likeness/voice for advertising, promotional and other purposes, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation or permission, except where prohibited by law.
11. OFFICIAL RULES AND SWEEPSTAKES RESULTS: To request a copy of the Official Rules or the names of the winner, send a self-addressed, stamped envelope to: Mattress Firm “Matty Firm Pool Float Giveaway” Instagram Contest – Official Rules/Results, 10201 South Main Street, Houston, Texas 77025. Only one request per envelope. All requests for the winner’s list must be received by Mattress Firm by June 30, 2023.