Mattress Firm Unjunk Your Sleep Giveaway Official Rules

Mattress Firm Un-Junk Your Sleep Giveaway

Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

The Mattress Firm Un-Junk Your Sleep Giveaway consists of a Sweepstakes and Contest. The Contest is only open to individuals that reside in New York, NY, Detroit, MI or Houston, TX. As described below to enter the Contest the Submission (defined below) will need to include the name of one of the cities.

1. Eligibility

The Sweepstakes portion of the Mattress Firm Un-Junk Your Sleep Giveaway (the “Giveaway”) 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. To enter the Contest you must currently reside in New York, NY, Detroit, MI or Houston, TX. 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 Giveaway 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 Giveaway 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 Giveaway. 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 August 26, 2021 at 11:59PM ET (the “Sweepstakes Entry Period”).

There are three separate entry periods for the Contest:

Each is a “Contest Entry Period”.

Administrator’s computer is the official timekeeping device for the Giveaway.

4. How to Enter

Sweepstakes

There are two (2) ways to enter the Sweepstakes:

• Instagram Method. 1) Follow @MattressFirm on Instagram (instagram.com/mattressfirm); and 2) Post a photo/video “that shows the mattress that needs replacing” with the following hashtag in the caption #UnJunkYourSleepGiveaway. You will receive one entry for this method of entry. You must follow @MattressFirm on Instagram at the time of entry and until the winner is finalized.
• Twitter Method. 1) Follow @MattressFirm on Twitter (twitter.com/mattressfirm); and 2) Post a photo/video of “that shows the mattress that needs replacing” with the following hashtag in the caption #UnJunkYourSleepGiveaway. You will receive one entry for this method of entry. You will receive one entry for this method of entry. You must follow @MattressFirm on Twitter at the time of entry and until the winner is finalized.
  

The Instagram entry and Twitter entry are collectively a “Submission”.
Contest

To enter the Contest, the Submission must also include either as a hashtag or in the caption mention the specific city where you currently reside. Note the only three cities eligible for the Contest are: 1) New York, NY (NYC); 2) Detroit, MI (DET) and 3) Houston, TX (HOU). For Detroit there will be a separate entry pool of individuals that also include the term ‘barstool’ or ‘barstool sports’ either as a hashtag or in the caption along with Detroit (DET).

For all Submissions

Special Considerations for Instagram Entries: You must have your Instagram profile settings as PUBLIC (not private) to enter your Submission. To participate in the Giveaway, 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. Limit of one entry per person per day and per Instagram account. 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.

Special Considerations for Twitter Entries: You must have your Twitter profile settings as PUBLIC (not protected) to enter your Submission. To participate in the Giveaway, if you do not already have a Twitter account, download the free Twitter application and create an account as instructed. Getting a Twitter account is free. Submission must comply with Twitter’s Terms of Service, which can be found at https://twitter.com/en/tos. Limit of one entry per person per day and per Twitter account. Use of multiple Twitter 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 Twitter 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 Giveaway. You may only use one (1) Twitter account to participate in the Giveaway. Entrants may not share an Instagram or Twitter 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 Giveaway, 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 Giveaway.

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;
• Appears to duplicate any other submitted Giveaway entries;
• Defames, misrepresents or contains disparaging remarks about other people or companies;
• Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
• Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• Contains any individual other than the entrant and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to sponsor;
• Contains look-alikes of celebrities or other public or private figures, living or dead;
• 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 Giveaway for any reason.

5. Rights in Submissions

By uploading any Submission for this Giveaway, each entrant hereby grants to the Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised. Each entrant authorizes the Sponsor, and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner the Sponsor sees fit, and to make derivative works of such materials. Each entrant agrees that the results and proceeds of such use shall become the property of the Sponsor and shall be freely assignable by the Sponsor, and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to entrant. Each entrant agrees and acknowledges that participation in the Giveaway shall not give rise to any confidential, fiduciary, implied-in-fact, implied in law, or other special relationship between the Sponsor and entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements to the entrant’s Submission, and that only contracts, express or implied, between the Sponsor and entrant is as set forth in these Official Rules and the release forms. Sponsor might ‘Like’ or ‘Favorite’ a Submission and doing so does not increase chances of winning.

6. Winner Determination / Verification

Sweepstakes

On or about August 31, 2021 Administrator will select one (1) entry for each Sweepstakes prize described below as a Potential Sweepstakes winner in a random drawing of all eligible entries received. POTENTIAL WINNER WHO ENTERED VIA INSTAGRAM WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @MATTRESSFIRM AND WILL BE REQUIRED TO RESPOND WITHIN 72 HOURS OF NOTIFICATION. POTENTIAL WINNER WHO ENTERED VIA TWITTER WILL BE NOTIFIED BY DIRECT MESSAGE ON TWITTER 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. Limit of one (1) Sweepstakes prize per person. Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Sweepstakes Entry Period

Contest

On a rolling basis within each Contest Entry Period a panel of qualified judges determined by the Sponsor in its sole discretion will select the fifty (50) best Submissions (the “Finalists”) in each city (New York City, Detroit and Houston) from among all eligible Submissions based on an application of the following criteria: quality and skill of submission. In the event of any tie the Submission that received the higher score in the ‘quality’ criteria, as determined by the qualified judges in their sole discretion, will be selected from among the tied entrants as the potential Finalists.

POTENTIAL FINALISTS WHO ENTERED VIA INSTAGRAM WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @MATTRESSFIRM AND WILL BE REQUIRED TO RESPOND WITHIN 4 HOURS OF NOTIFICATION. POTENTIAL FINALISTS WHO ENTERED VIA TWITTER WILL BE NOTIFIED BY DIRECT MESSAGE ON TWITTER FROM @MATTRESSFIRM AND WILL BE REQUIRED TO RESPOND WITHIN 4 HOURS OF NOTIFICATION. Potential finalists must follow all instructions in the timeframe provided. This specifically includes completing the provided questionnaire within 12 hours of when it was sent or you will be forfeited as a finalist. It is recommended that you confirm your Instagram and/or Twitter notification settings are turned on. Odds of winning a Contest prize depend on the number of eligible entries received and the quality of each Submission with each Contest Entry Period.

The Sponsor will then review the answers to the questionnaire and judge them on the criteria listed above and adding an additional criteria of logistics (the feasibility and easy of delivering a mattress to the individual’s house at the stated time and compared to the location of other Finalists). The top twenty (20) Finalists in New York City and Detroit and the top sixteen (16) Finalist in Houston will be potential grand prize winners. Note in Detroit, four of the twenty grand prize winners will be individuals that included the ‘barstool’ or ‘barstool sports’ reference. If there are less people confirmed as grand prize winners then there are grand prizes, only that number of prizes will be awarded (based on confirmed grand prize winners).

POTENTIAL GIVEAWAY WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. 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.

Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of the potential finalists and winners is final and binding in all matters related to the Giveaway. Failure to respond to a notification within the timeframe stated will result in disqualification. Sponsor’s decision as to the administration and operation of the Giveaway and the selection of the potential finalists and winners are final and binding in all matters related to the Giveaway. A person may only win one prize in this Giveaway.

7. Prizes

Sweepstakes Prizes

One (1) Sweepstakes 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.

Contest Prizes

Sixty (60) Contest grand prizes will be available. Twenty (20) each in NYC, Detroit and Houston. Each Contest grand prize winner will have a mobile Mattress Firm showroom appear at or near their house where the winner can try out select mattresses and select which mattress and pillow they want. The mobile Mattress Firm showroom will show up at a location determined by the Sponsor in its sole discretion.

The dates for each city are as follows:

*Appropriately four (4) winners will be fulfilled each night. Prizes will be delivered between 4:00pm – 11:00pm but Sponsor reserves the right to deliver prizes up to 30 days after a winner is finalized. Dates are subject to change by the Sponsor in its sole discretion. If a potential winner is not available on the stated date the prize will be forfeited and no other consideration will be provided.

Each Contest winner will have only the stated amount of time to select a mattress which may be as little as 30 minutes. Each Contest grand prize winner will receive the following:

• One (1) mattress: Grand prize winner will be able to choose which type and size mattress they would like. The following mattresses are available to choose from: i) Beautyrest - Beyond 15.25” Plush Pillow Top Mattress; ii) Tempur-Pedic –TEMPUR Pro-Adapt Medium Hybrid Mattress; and iii) Sleepy’s - Hybrid with Gel Matrix® 2.0 5Z 12” Firm Mattress. Not all sizes and types will be available and are subject to change.
• Two (2) pillows: Grand prize winner will be able to choose which type of pillow they would like. The following pillows are available to choose from: i) Sleepy’s - Powered By Reactex™ Pillow – King; ii) Beautyrest - Beyond Hybrid Cooling Pillow - King; and iii) Tempur-Pedic - TEMPUR-Breeze° Pro-Hi Pillow. Not types will be available and are subject to change.
• One (1) box spring.

The approximate retail value of each Contest grand prize is between $2,450 - $5,600. Actual value depends on selected mattress type / size and pillow type. If winner receives a grand prize that is less than the highest amount available, no other prize or consideration will be provided.

For all prizes: 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 Giveaway; (b) release and hold harmless the Sponsor, Administrator 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 Giveaway 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 Giveaway, delivery, 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 Giveaway and/or entrant’s acceptance, use or misuse of prize.

9. Publicity

Except where prohibited, participation in the Giveaway 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 Giveaway, 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 Giveaway, 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 Giveaway 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 Giveaway 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 Giveaway 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 Giveaway; (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 Giveaway; (4) technical or human error which may occur in the administration of the Giveaway 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 Giveaway 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 Giveaway. 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 Giveaway, 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 Giveaway, 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 Giveaway, 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 UnJunkSleep@trackmarketing.net. The subject of the email must contain, “Winners List – Mattress Firm Un-Junk Your Sleep Giveaway”. Requests for the winner list must be received by October 1, 2021. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS EMAIL ADDRESS.