NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The Mattress Firm + Gabby Douglas Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age or older at time of entry. Void where prohibited by law. Employees of Mattress Firm, Inc., Track Marketing Group, LLC, or any of their respective parents, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Mattress Firm, Inc., 10201 S. Main St. Houston, TX 77025.
Administrator: Track Marketing Group, LLC, 115 W. 30th Street Suite 403, New York, NY 10001.
3. Entry Period
The Sweepstakes begins on July 21, 2021 at 12:00AM Eastern Time (“ET”) and ends on July 28, 2021 at 11:59PM ET (the “Sweepstakes Entry Period”).
4. How to Enter
Entry occurs on Instagram. To enter an entrant must follow these steps during the Sweepstakes Entry Period:
- Look for the Sweepstakes post on Instagram posted by Gabby Douglas (@gabbycvbdouglas) and answer the question in the comments section; and
- Follow Mattress Firm on Instagram: @MattressFirm.
The Instagram entry is a “Submission”.
Limit of one (1) entry per person for the Sweepstakes. You must have your Instagram profile settings as PUBLIC (not private) to enter your Submission. To participate in the Sweepstakes, if you do not already have an Instagram account, download the free Instagram application and create an account as instructed. Getting an Instagram account is free. Submission must comply with Instagram’s Terms of Use, which can be found at https://help.instagram.com/581066165581870. Use of multiple Instagram accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account.
You may only use one (1) Instagram account to participate in the Sweepstakes. Entrants may not share an Instagram account. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes.
Submission Requirements
Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Communicates messages or images inconsistent with the positive images and/or good will to which sponsor wishes to associate; and/or
- Violates any law.
Submissions must meet the requirements stated above. Sponsor reserves the right to reject any Submissions submitted in connection with the Sweepstakes for any reason.
5. Sweepstakes Drawing Winner Notification
On or about August 2, 2021 Administrator will select one (1) entry for the Sweepstakes grand prize described below as a Potential Sweepstakes winner in a random drawing of all eligible entries received. POTENTIAL WINNER WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @MATTRESSFIRM AND WILL BE REQUIRED TO RESPOND WITHIN 72 HOURS OF NOTIFICATION. Potential winners must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. Sponsor’s decision as to the administration and operation of the Sweepstakes and the selection of the potential winners is final and binding in all matters related to the Sweepstakes. Odds of winning the Sweepstakes grand prize depend on the number of eligible entries received during the Sweepstakes Entry Period.
6. Sweepstakes Winner Verification
POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners may be required to sign and return to Administrator, within the timeframe stated, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. The potential winners will be required to complete an IRS Form W9 and provide their Social Security number for tax reporting purposes.
7. Grand Prize
One (1) grand prize will be awarded. Grand prize winner will receive a two thousand dollar ($2,000) Mattress Firm Voucher. Voucher can be used in store only.
No warranty or guarantee will be given by Sponsor with respect to the prize. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Prize is non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim.
8. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and Administrator which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, Administrator, Golin/Harris International, Inc. and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
9. Publicity
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor and its agents use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in their sole discretion. Sponsor or Administrator reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Any details provided in connection with this Sweepstakes will be held consistent with the Sponsor’s Privacy Policy (mattressfirm.com/privacy-policy.html). If you provide your email address you consent to receive commercial emails from Sponsor.
11. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the South District of New York or the appropriate New York State Court located in New York County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. Winners List
For the Winners List, email your request to MFGabby@trackmarketing.net. The subject of the email must contain, “Winners List – Mattress Firm + Gabby Douglas Sweepstakes”. Requests for the winner list must be received by October 1, 2021. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.