San Francisco 49ers – Mattress Firm Sleepover Sweepstakes

S A N F R A N C I S C O 4 9 E R S
M A T T R E S S F I R M S L E E P O V E R S W E E P S T A K E S
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN.
1. ELIGIBILITY: The San Francisco 49ers Mattress Firm Sleepover Sweepstakes (the
“Sweepstakes”) is open only to legal residents of the United States who are eighteen (18)
years of age or older. Entrants must be located in one of the 50 United States or the District
of Columbia to be eligible. Employees of the National Football League, its member clubs,
including, without limitation, the San Francisco 49ers, NFL Ventures, Inc., NFL Ventures,
L.P., NFL Properties LLC, and each of their respective parents, subsidiaries, affiliates,
shareholders, officers, directors, agents, representatives and employees (collectively, the
“NFL Entities”), Mattress Firm, or other companies associated with the promotion of the
Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and
household members of each such employee are not eligible. The Sweepstakes is subject to
federal, state, and local laws and regulations and is void in Puerto Rico and where
prohibited.
2. SPONSOR: The Sweepstakes are sponsored by Forty Niners Football Company LLC and
Mattress Firm (together with their affiliates, the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s
full and unconditional agreement to and acceptance of these official rules (“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 Sweepstakes run from November 22, 2021 at 9:00 am PT until
December 20, 2021 at 11:59 pm PT (the “Entry Period”). Entries that are submitted prior
to or after the Entry Period will be disqualified.
5. HOW TO ENTER:
Via Online:
In order to enter the Sweepstakes and be eligible for the corresponding prize, you must
complete the online form located at https://www.49ers.com/sleepover correctly during the
Entry Period. The winner will be selected at random from the pool of eligible entrants who
follow the instructions and complete the online form correctly. There is a limit of one (1)
entry per person. Entrants submitting multiple entries will be disqualified and not entered
into the drawing. ENTRANTS MUST BE 18 YEARS OF AGE IN ORDER TO BE
ELIGIBLE.
6. SPONSOR OWNERSHIP OF ENTRIES. All entries and materials submitted to Sponsor in
connection with the Sweepstakes (collectively, “Entry Materials”), along with all
copyright, trademark and other proprietary rights associated therewith, become the
property of Sponsor upon submission, and Entry Materials will not be returned to any
entrant.
7. DRAWING AND ODDS OF WINNING: As soon as practicable following the Entry Period, the
Sponsor will select one (1) potential winner in a random drawing of all eligible entries
received. The odds of being selected depend on the number of entries received. The
Sponsor will attempt to notify the potential winner via email. If a potential winner does
not respond within twenty four (24) hours of first contact or is not eligible or does not wish
to accept the prize (as described below), the Sponsor may disqualify that potential winner
and select an alternate potential winner in his/her place at random from the remaining
eligible entries received.
8. REQUIREMENTS OF POTENTIAL WINNERS: The potential winner may be required to
complete and return an affidavit of eligibility and liability/publicity release (the
“Affidavit/Release”) where permitted by law within forty-eight (48) hours of being
notified. If the potential winner fails to sign and return the Affidavit/Release within the
required time period, he/she will be disqualified and an alternate entrant may be selected
in his/her place in a random drawing of all entries received.
9. PRIZE: One (1) winner will be awarded the following prizes (collectively, the “Prize”):
Two (2) club tickets to the San Francisco 49ers vs. Los Angeles Rams game on
January 9, 2022 (the “Game”);
Domestic round-trip airfare from San Jose to Los Angeles for the winner and a
guest;
One (1) hotel room in Los Angeles for up to two (2) nights;
One (1) Five Hundred Dollar ($500) Visa Gift Card to be used for meals and
transportation in Los Angeles;
Transportation to the Game;
One (1) swag bag consisting of San Francisco 49ers gear; and
One (1) ride share gift card ($100).
The approximate retail value (“ARV”) of the Prize is Two Thousand Seven Hundred
Dollars ($2,700).
For the Game: The game date and time is subject to change. Transportation will be
provided to the game. Winner will be responsible for transportation home from the game.
Sponsor makes no guarantee as to the location of the seats for the game and exact seats
will be determined by Sponsor in its sole discretion. Sponsor is not responsible for lost or
mutilated tickets, and none will be replaced. Winner and guest must comply with all
stadium rules and regulations, including without limitation, all health and safety protocols,
and ticket terms and conditions at all times. Failure to do so may result in forfeiture of the
prize. The terms and conditions of the tickets awarded will govern in the event a legal
game, exhibition, or event, as defined by the team, is not played due to weather, an act of
God, an act of terrorism, civil disturbance, or any other reason. Sponsor reserves the right
to remove or to deny entry to any winner and/or guest who engages in a non-sportsmanlike
or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at
the game. Sponsor will not be responsible for acts of God, acts of terrorism, civil
disturbances, work stoppage or any other natural disaster outside their control that may
cause the cancellation of the game. In the event the game is cancelled or delayed, Sponsor
will work with the winner to provide tickets to an alternate game. Resale of game tickets
is strictly prohibited. For the avoidance of doubt, unused tickets cannot be refunded,
exchanged or applied towards tickets for any subsequent game or for cash.
The odds of being selected depend on the number of entries received. All prize details will
be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable
and must be accepted as awarded by winner. No cash or other substitution may be made,
except by the Sponsor, who reserves the right to substitute a prize (or component thereof)
with another prize (or component thereof) of equal or greater value if the prize is not
available for any reason as determined by the Sponsor in its sole discretion. Winner is
responsible for all costs and expenses associated with prize acceptance and use not listed
above as being provided, including but not limited to meals, incidentals, ground
transportation, souvenirs, taxes, fees, surcharges. Prizes will be reported as income to the
winner and the winner will be responsible for all federal, state and local taxes associated
with the receipt of any prize.
10. PRIVACY AND PUBLICITY: All information submitted by entrants in the Sweepstakes will
be treated according to Sponsor’s Privacy Policy, available at
http://www.49ers.com/about-us/privacy-policy.html and CCPA Notice, available at
https://www.49ers.com/about-us/ccpa-notice. Additionally, except where prohibited,
participation in the Sweepstakes constitutes an entrant’s consent to the Sponsor’s use of
his/her name, likeness, voice, opinions, biographical information, contents of the entry
form, and state of residence for promotional purposes in any future promotional activity
related to this Sweepstakes without further payment or consideration.
11. GENERAL CONDITIONS: In the event that the operation, security, or administration of the
Sweepstakes is impaired in any way for any reason, including, but not limited to fraud,
virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend
the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner
that best conforms to the spirit of these Official Rules or (b) award the prizes at random
from among the eligible entries received up to the time of the impairment. The Sponsor
reserves the right, in its 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 in an unsportsmanlike or disruptive manner. Any attempt by any
person to undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right
to seek damages from any such person to the fullest extent permitted by law. Failure by
the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver
of that provision.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each
entrant (hereinafter, “Entrant”) agrees to release and hold harmless the Sponsor, the NFL
Entities, Mattress Firm, and each of their respective parent, officers, directors, employees,
and agents (the “Released Parties”) from and against any claim or cause of action arising
out of participation in the Sweepstakes or receipt or use of any prize, including, but not
limited to: (a) any error that may prevent an entrant from submitting an entry; (b)
unauthorized human intervention in the Sweepstakes; (c) printing or typographical errors
in materials associated with the Sweepstakes; (d) lost or late entries; (e) errors in the
administration of the Sweepstakes or the processing of entries; (f) alleged or actual
violations of rights of publicity or privacy, defamation or portrayal in a false light, whether
intentional or unintentional; (g) telephone, electronic, hardware, software, network,
Internet, or other computer- or communications-related malfunctions or failures; or (h)
injury, death, 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 of any prize,
whether under a theory of contract, tort (including negligence), warranty or other theory.
Entrant further agrees that in any cause of action, the Released Parties’ liability will be
limited to the cost of entering and participating in the Sweepstakes, and in no event shall
the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any
damages whatsoever, including, but not limited to, punitive, consequential, direct, or
indirect damages.
IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” (OR ANY
EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR
INTENT). IF ENTRANT IS A RESIDENT OF A STATE OTHER THAN
CALIFORNIA, ENTRANT EXPLICITLY WAIVES THE TERMS AND
PROTECTIONS OF ANY STATUTE OF HIS/HER STATE THAT HAS A
SIMILAR IMPORT OR INTENT.
13. DISPUTES: EXCEPT WHERE PROHIBITED, any controversy, claim or dispute arising out of
these Sweepstakes (including without limitation any controversy, claim or dispute arising
from Entrant’s dealings with third-party sponsors for products and/or services promoted
in, awarded in, linked or otherwise associated with the Sweepstakes (each such third-party
sponsor, a “Third Party Sponsor”)) (collectively, “Claims”) shall be resolved by final and
binding arbitration. Such arbitration shall take place in Santa Clara County, California, and
shall be administered by a single arbitrator pursuant to the JAMS Comprehensive
Arbitration Rules and Procedures. The Sweepstakes shall be governed under the laws of
the State of California, without regarding to conflicts of law principles to the contrary. In
order to keep costs down for both Sponsor and Entrant, hearings may, at Sponsor’s request,
be conducted telephonically or entirely upon submissions. Entrant expressly consents to
the exercise of jurisdiction and venue by the state and federal courts located in Santa Clara
County, California. In addition to the above, Entrant waives the right to bring any Claim
as a class action, consolidated, multi-district or collective action, or private attorney general
action. Entrant also agrees not to participate in any class action, consolidated, multi-district
or collective action, or private attorney general action regarding any Claim. If Sponsor
prevails in any arbitration or proceeding hereunder, Sponsor shall be entitled to recover, in
addition to all other available legal and equitable relief, its legal costs, including attorneys’
fees. Entrant acknowledges and agrees that each Third Party Sponsor will be deemed a
“Sponsor” and a third-party beneficiary of the terms and conditions set forth in this
paragraph.
14. SWEEPSTAKES RESULTS: To request a winners list, send a self-addressed, stamped
envelope to: San Francisco 49ers Mattress Firm Sleepover Sweepstakes, San Francisco
49ers, 4949 Marie P. DeBartolo Way, Santa Clara, CA. 95054. Requests must be received
within three (3) weeks of the end of the Entry Period. VT residents omit postage.
15. SEVERABILITY: These Official Rules for the Sweepstakes are severable, and if any portion
is determined invalid or unenforceable by a body of competent jurisdiction, the remaining
portions will remain valid, enforceable and in effect to the fullest extent consistent with
applicable law.