Mattress Firm – Win 5,000 cash or Beautyrest Recharge Queen Set and more prizes by July 14, 2015!
Mattress Firm’s Sleep Emotions Contest
ENDS ON July 14, 2015 at 11:59:59 pm CT
Open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (if you are considered a minor in your state/jurisdiction of residence, you will need your parents’ permission to enter)
2. CONTEST ENTRY PERIOD:
Contest begins on May 13, 2015 at 12:00:01 am Central Time and ends on July 14, 2015 at 11:59:59 pm CT and consists of multiple Entry Periods as defined in rule 7. The Website (as defined below) server is the official clock for this Contest.
Take a photo of yourself expressing one of the following five emotions that depicts the way they feel about their sleep: Fear, disgust, joy, anger, or sadness (“Photo”, collectively “Emotions”). Only you must be featured in the Photo.
4. TO ENTER:
The promotion consists of five (5) entry periods as listed in rule 7 below, each representing one of the five Emotions.
Via Website: Go online to www.mattressfirm.com/sleepemotions (“Website”) during the Contest Period and follow the on-screen directions to complete the online registration form with your name, and e-mail address and upload/submit your Photo (“Entry”).
Via Facebook: Go online to Mattress Firm’s page on Facebook.com (http://www.facebook.com/ MattressFirm) during the Contest Period and click on the tab to the “Contest” page to access the Contest application (the “Application”). Follow the on-screen directions to complete the online entry form and upload/submit your Entry.
Via Twitter: Tweet your Entry with the hashtags #sleepemotions and #contestentry. You must have or create a non-private Twitter account and follow Mattress Firm’s Twitter account: @MattressFirm. Enter using only a Twitter account registered in your name. Creation of a Twitter account is free.
Via Instagram: Upload your Entry with the hashtags #sleepemotions and #contestentry. You must have or create a non-private Instagram account follow Mattress Firm’s Instagram account: @MattressFirm. Enter using only an Instagram account registered in your name. Creation of an Instagram account is free.
All Photos submitted are collectively referred to as Entry and the person submitting the Entry as Entrant. Limit one (1) entry per person per entry method per Entry Period during the Contest Period. Photos submitted via the Website or Facebook Application must be in .jpg or .png format and no larger than 5 MB. Photos submitted via Twitter or Instragram must comply with platform guidelines. Photos should only depict the Entrant. An Entrant may only submit a Photo that he/she has taken, or that was taken by an individual who has granted the Entrant all rights to the Photo necessary for Entrant to grant Sponsor the rights set forth in Rule 6. Photos will not be posted to the Gallery between 6pm CT and 9 am CT the following day. Entries cannot be changed, altered, or modified once they have been submitted. Automated means of entry are prohibited and any use of automated devices will cause disqualification. An email address or relevant social media account is required 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 the email address or social media 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 email address or social media account by an Internet access provider, online service provider, social media platform or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entrants may not enter with multiple email addresses or social media accounts, nor may Entrants use any other device or artifice to register multiple times or as multiple registrants. Any participant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Proof of submission is not proof of receipt by Sponsor. By participating, Entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions which are final and binding. Entries will not be acknowledged or returned. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. You are providing your information to the Sponsor and not to Facebook, Instagram or Twitter.
5. REQUIREMENTS FOR ENTRIES:
Entries may not have won previous awards; may not have been used publicly previously by any third party; must not infringe on any third-party’s rights; must be suitable for publication; must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity or other rights of any person, firm or entity; may not in any other way violate applicable laws and regulations; may not contain any reference to any third party trademarks, names or third party logos; and may not contain any copyrighted works owned by third parties. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, OR USED IN OTHER FORMS OF MEDIA, IN SPONSOR’S SOLE DISCRETION. Entries containing prohibited material or inappropriate content, or that are deemed to be in violation of these Official Rules or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, as determined by the Judges (as defined below) or the Sponsor, in their sole discretion, may be disqualified and will not be eligible to participate in the Contest.
6. COMMERCIAL USE OF ENTRIES:
By entering the Contest or claiming a prize, Entrants grant to Sponsor and its affiliates (including their agents and assigns), the irrevocable, royalty-free, worldwide right to publish, reproduce, use, adapt, edit, and/or modify the Entry in any way, in any and all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade, and promotional purposes, without additional limitation or compensation unless prohibited by law, and without notice, review, or approval, whether or not such Entry is selected as a winning Entry. This means that Entries may be used by Sponsor for any purpose, including commercial and advertising purposes, in connection with its business and/or the promotion of its products. In addition, winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have in the Entry. BY SUBMITTING AN ENTRY, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE, AND INTEREST NECESSARY TO GRANT THE RIGHTS GRANTED HEREIN AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.
7. WINNER SELECTION:
There will be five (5) Entry Periods (each an “Entry Period”) throughout the Contest Period. Non-winning entries received for one (1) Entry Period do not rollover to subsequent Entry Periods.
Entry Period Emotion Start Date End Date
# 1 Disgust 5/13/15 (at 12:00:01 a.m. CT) 5/24/15 (at 11:59:59 p.m. CT)
# 2 Fear 5/25/15 (at 12:00 a.m. CT) 6/6/15 (at 11:59:59 p.m. CT)
# 3 Sad 6/7/15 (at 12:00 a.m. CT) 6/18/15 (at 11:59:59 p.m. CT)
# 4 Rage 6/19/15 (at 12:00 a.m. CT) 7/1/15 (at 11:59:59 p.m. CT)
# 5 Joy 7/2/15 (at 12:00 a.m. CT) 7/14/15 (at 11:59:59 p.m. CT)
Contest Entries will be featured on the Website for the public to vote for their favorite photo. The Entrant whose Entry gains the most votes in each Entry Period will be declared an Entry Period Prize winner. The Top 10 Entries, as determined by public vote, for each Entry Period will be declared Finalist Entry (“Finalist Entries”). Voters will need to be registered on the Contest Website/Application to vote. Limit one (1) vote per person per Entry Period. Voters may not vote with multiple accounts nor may Entrants use any other device or artifice to vote multiple times. The use of automated voting methods, voting exchange websites, voting by proxy or any inducement for votes is strictly prohibited and suspect votes will be disqualified, and Sponsor reserves the right to disqualify Entrants associated with suspect votes in Sponsor’s sole discretion. Votes received from IP addresses outside the United States will be disqualified.
The 50 Finalist Entries will be judged by a panel of judges selected by Sponsor at the conclusion of the Contest Period to determine the Grand Prize and First Prize winners. Entries will be judged based on the following equally weighted judging criteria:
o Relevance to Theme
o Creativity & Originality
o Uniqueness of Photo
The Entrant who submitted the Finalist Entry which receives the highest score will be deemed the “Grand Prize Winner”, the five (5) Entrants with the next highest scores will each be deemed a “First Prize Winner”, and five (5) Entrants with the next highest scores will each be deemed a “Second Prize Winner”, collectively referred to as “Winner or Winners”. In the event of a tie, the head judge will determine a Winner based on the first criteria and so on until the tie is broken.
9. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
One (1) Grand Prize: $5,000, awarded in the form of a check.
Five (5) First Prizes: Beautyrest Recharge Queen Set including queen size mattress and queen size box spring (bed frame not included), ARV: $1,099.00.
Five (5) Second Prizes: Two standard memory foam luxury gel pillows, ARV: $258.
Twenty Five (Five (5) per Entry Period) Entry Period Prizes: Five (5) sets of four (4) movie certificates, ARV: $52. Prizes to be awarded as a reward code for Fandango.
10. PRIZE RESTRICTIONS:
Limit one (1) Entry Period Prize Per Person. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in their sole discretion to substitute a prize with one of comparable or greater value. Winners are solely responsible for any taxes on the prize, and will be issued IRS Forms 1099 and W9 for the value of any prize(s) that are valued $600 or over. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. The ARV of the Prizes is as of the date these rules were finalized and may fluctuate. Any difference between the stated ARV and actual value at the time the prize was awarded will not be awarded. All prizes will be awarded provided a sufficient number of eligible entries are received and the prize/s is validly claimed by September 30, 2015.
Fandango Restrictions: Each movie certificate is good for one admissions (up to $13 total value) to see any movie at participating theaters in the U.S., at any showing including those designated as “no coupons, no passes” in local theater listing guides. Reward code must be activated by 7/31/15 and is void if not activated by the expiration date. Certificate expires on 7/31/15 and will be void if not used by the expiration date. If lost, cannot be replaced. No reproductions will be accepted. No cash value. No change will be provided. Internet access and printer required, and must be bring printed certificate to the participating theater box office to redeem. Not valid with any other offer. Offer valid only in the US. And valid for one-time use only. Not for resale; void if sold or exchanged. If cost of movie admission(s) is more than the maximum value of the movie certificate then user must pay the difference. Move certificate is powered by Fandango Loyalty Solutions, LLC. ©2015 Fandango Loyalty Solutions, LLA. All Rights Reserved.
11. WINNER NOTIFICATION AND PRIZE CLAIM:
Winners are subject to verification, including verification of age. Winners that entered via the Website and Facebook will be contacted via the email address provided at time of entry to confirm their address. Winners that entered via Twitter will be contacted via direct message through Twitter. Winners that entered via Instagram will receive an Instagram Direct Message and/or a comment to their Entry and will be provided with further instructions. A potential winner will be required to respond to the email, Direct Message and/or comment within 72 hours and must provide his/her address. Initial notifications to confirm addresses will begin on or about July 13, 2015. Potential Grand and First Prize Winners will then be contacted via traceable method of delivery (such as Federal Express, UPS or USPS) and will be required to verify their eligibility by completing, signing and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the Winner’s name, city/state, likeness or photograph by Sponsor for advertising/publicity purposes, without further compensation) within ten (10) days of attempted mail notification, or prize may be forfeited and an alternate Winner may be contacted. Potential Prize winners of prizes valued $600 or more will be required to furnish their Social Security numbers for the sole purpose of preparation of any tax forms as required by law and will be required to complete and return a W-9. Prizes won by an eligible Entrant who is a minor in his/her state of residence (18 years of age in Alabama or Nebraska, 20 years of age in Mississippi) will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of Entrants. In the event of noncompliance with these Official Rules, 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. Entry Period prizes and Second Prizes will be shipped to the addresses provided within eight (8) to twelve (12) weeks after the end of the Contest Period.
12. GENERAL CONDITIONS: INTERNET CAUTION:
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 Contest 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 Contest, 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 Contest. In the event of cancellation, Sponsor will award the prizes in an adequate manner to be determined by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. 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 Contest. 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.
13. LIMITATIONS OF LIABILITY AND RELEASE:
No liability or responsibility is assumed by Sponsor, Disney or Contest Parties resulting from user’s participation in, attempt to participate in, or download of any information in connection with participating in, the Contest. No responsibility or liability is assumed by the Sponsor, Disney or Contest Parties 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 Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, social media sites 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 Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Contest. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user’s own risk. Sponsor, Disney and the Contest Parties 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 Contest, use of the Website or the download of any information from the Website, or any other loss related to user’s participation in the Contest or receipt of any prize. As a condition of entering, Entrants agree to release Sponsor, Disney, Contest Parties, Facebook, Instagram and Twitter from any and all liability, loss, or damage incurred with respect to Entrant’s participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.
Except in Tennessee, and where prohibited by law, by accepting a prize, winners (or winners’ parent/legal guardian, if winner is a minor in his/her state of residence) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on the www.mattressfirm.com Website) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
15. BINDING ARBITRATION:
Any controversy or claim arising out of or relating to the Sponsor’s Contest 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, Mattress Firm, Inc. 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 Mattress Firm, Inc. 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A MATTRESS FIRM, INC. CONTEST, 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 CONTEST, 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
16. GOVERNING LAW & JURISDICTION:
The Contest Terms are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 14 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of Houston.
17. WINNERS LIST:
For a list of winners, email your request to email@example.com and indicate in the subject line “Winners List for Mattress Firm’s Sleep Emotions contest” no later than July 31, 2015.