Emma Daun Contest Official Rules
Mattress Firm Influencer “Emma Daun” Contest (the “Promotion”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED ONLY FOR LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES (EXCLUDING RHODE ISLAND), HAWAII AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID IN RHODE ISLAND AND WHERE PROHIBITED. Subject to all applicable federal, state and local laws and regulations.
- ELIGIBILITY: Open to legal residents of the continental United States (except Rhode Island), Hawaii and the District of Columbia who are 18 years of age or older. The following individuals are not eligible to enter or win a prize: employees, associates, franchisees, stockholders, contractors, directors, Mattress Firm, Inc. (the “Sponsor”) or of any of Mattress Firm’s parent, subsidiary, affiliated companies and franchisees, and the web design, advertising, fulfillment, legal, judging, administrative, and sweepstakes agencies, if any, involved in any of the administration, development, fulfillment, and execution of this Promotion (collectively, the “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (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 in Rhode Island and where prohibited.
- SWEEPSTAKES PERIOD: The Promotion begins on August 19, 2019 at 12:01 am Central Time (“CT”) and ends on August 26, 2019 at 11:59 pm CT (the “Promotion Period”).
- TO ENTER: To enter the Promotion, visit instagram.com/emmadaun (the “Website”) during the Promotion Period, comment on the Website’s announcement of the Promotion or any other post by the Sponsor regarding the Promotion on the Websites in order to receive one (1) entry into the Promotion. Only one entry per person. Automated means of entry are prohibited and any use of automated devices to enter or otherwise participate in the Promotion will cause disqualification. Free Internet access is available at many public libraries. You must have an Instagram account to enter. Only fully completed entries are eligible. In the event of a dispute as to who submitted an entry, the name of the authorized account holder associated with, as applicable, the Instagram account will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is defined as the natural person who is assigned to the account by Instagram, Entrants may not enter with multiple Instagram accounts or use any other device or artifice to enter multiple times other than as expressly allowed by these Official Rules or as multiple entrants. Any entrant who attempts to enter with multiple Instagram accounts or uses any device or artifice to enter multiple times in any manner other than the one expressly allowed by these Official Rules will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion. Proof of submission is not proof of receipt by the Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of the Sponsor may be disqualified.
- DRAWINGS/ODDS: One (1) Grand Prize winner will be selected in a random drawing from all eligible entries received during the Promotion Period. The drawings will be conducted after the expiration of the Promotion Period, on or about August 22, 2019. Odds of winning depend on the total number of eligible entries received. The drawings will be conducted by an authorized representative of the Sponsor, whose decisions shall be final and binding on all matters relating to the Promotion. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. Limit one (1) prize per person.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prizes: The one (1) winners will receive one (1) tulo pillow, one (1) Memory Foam mattress topper and one (1) Brookside Sheet Set from Mattress Firm.
- One (1) tulo pillow
- One (1) Memory Foam mattress topper
- One (1) Brookside Sheet Set
- Total ARV: $250
- PRIZE RESTRICTIONS: Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, the Sponsor reserves the right in its sole discretion to substitute the prize (or a portion thereof) in whole or in part with a prize of equal or greater value. Winners are solely responsible for any taxes on the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. 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: Potential winners are subject to verification, including verification of age. Potential winners will be contacted via private message on Instagram. Sponsor is not responsible for any change of Instagram, account information of entrants. Potential winners will be required to respond within forty-eight (48) hours of attempted messaging on Instagram, or prize may be forfeited and an alternate winner may be contacted. Potential winners will be required to complete and return an affidavit of eligibility, a publicity/liability release and an IRS Form W-9, upon being notified that he or she is a potential winner. If a potential winner does not complete and return the required documents, the potential winner will be disqualified from the Promotion. In the event of noncompliance with these Official Rules, if a potential winner is found not to be eligible, or if a prize notification or prize is unclaimed or returned as undeliverable, the prize will be forfeited, and an alternate winner may be contacted. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced.
- GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Promotion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Promotion.
- LIMITATIONS OF LIABILITY AND RELEASE: The Promotion is not sponsored by, or affiliated, in any way with any of Instagram. No liability or responsibility is assumed by Instagram the Sponsor or Promotion Parties resulting from user’s participation in, attempt to participate in the Promotion, or download of any information in connection with participating in the Promotion. No responsibility or liability is assumed by Instagram the Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences, without limitation, 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, any personalized link or any other website part of the Promotion, in whole or in part for any reason; traffic congestion on the Internet, Website or any other website part of the Promotion; 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 any prize or these Official Rules, or any inaccurate or incorrect data contained on the Website or any other website part of the Promotion. Use of the Websites, any other website part of the Promotion and any personalized link is at user’s own risk. None of Instagram, Sponsor or any of the Promotion Parties are responsible for any personal injury or property damage or 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 the Website or any other website part of the Promotion, use of the personalized link, or the download of any information from either the Website or any other website part of the Promotion. As a condition of entering, each entrant agrees to release and hold harmless Instagram, the Sponsor and Promotion Parties from any and all liability, loss, or damage incurred with respect to his or her participation in the Promotion and the awarding, receipt, possession and/or use or misuse of any prize.
- 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, the 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 the 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 ENTER 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 the State of Texas, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules shall be resolved exclusively in the jurisdiction and venue of the federal, state and local courts located in Houston, Texas. The 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: For the winners list, send a self-addressed envelope to Mattress Firm Influencer – Emma Daun, Mattress Firm, Inc., 10201 S Main Street, Houston, Texas 77025, Attn: Chief Marketing Officer – Marketing Department, on or before Aug 22, 2019. Only one request per envelope.
- SPONSOR: Mattress Firm, Inc., 10201 S Main Street, Houston, TX The Promotion is in no way sponsored or endorsed by or affiliated with Instagram.