Mattress Warehouse “Holiday Giveaway” Promotion Official Rules

Official Rules

Mattress Warehouse “Holiday Giveaway” Promotion

DATES OF PROMOTION: The “Holiday Giveaway” Promotion ( the “Promotion”) begins at 12:00 AM Eastern Time (“ET”) on December 8, 2018 and ends at 11:59 PM ET on December 14, 2018 (the “Promotion Period”).

ELIGIBILITY:  In order to be eligible to participate in the Promotion, you must be a legal resident of the Contiguous US or the District of Columbia and 18 years or older at the time of entry (the “Entrant”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of Mattress Warehouse, LLC (the “Sponsor”), and its subsidiaries, and each of their respective parent companies, divisions, affiliates, contractors, subsidiaries, distributors, sales representatives, retailers, advertising and promotion agencies, and any others engaged in the development, production, execution or distribution of this Promotion, are not eligible to participate. Void where prohibited or restricted by law. By participating in this Promotion, an individual who meets the eligibility requirements, and enters the Promotion, agrees to be bound by these official rules ("Official Rules") and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Promotion.

HOW TO ENTER THE PROMOTION: Entrants may enter using Facebook, Twitter, and Instagram. To enter using Facebook, an entrant must, during an Entry Period, sign into his/her Facebook account (or create a Facebook account if he/she does not already have one, available for free at https://www.facebook.com) and visit https://www.facebook.com/sleephappens ("Website"). To enter using Twitter or Instagram, an entrant must, during an Entry Period, sign into his/her Twitter or Instagram account (or create a Twitter or Instagram account if he/she does not already have one, available at https://www.twitter.com and https://www.instagram.com, respectively). Once entrant is signed into Facebook and is at the Website or entrant is signed into Twitter or Instagram, entrant must Like the Mattress Warehouse page on Facebook or follow Mattress Warehouse on Instagram or Twitter and then comment on an official Mattress Warehouse “Holiday Giveaway” post/photo of the product they want to be entered for (an "Entry"). All Entries must comply with the Entry requirements in “Entry Requirements” Section below and elsewhere in these Official Rules.

Entry Limit: One (1) Entry per person per Entry Period.

By participating in the promotion, Entrant specifically agrees to release Facebook from any and all liability associated with the Promotion. Use of Facebook will be subject to that service provider's privacy policy and terms of use. Facebook's privacy policy and terms of use are available at https://www.facebook.com/about/privacy and https://www.facebook.com/legal/terms. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

By participating in the Promotion, Entrant specifically agrees to release Twitter from any and all liability associated with the Promotion. Use of Twitter will be subject to that service provider's privacy policy and terms of use. The Twitter privacy policy and terms of use are available at: https://twitter.com/privacy/ and https://twitter.com/tos/. Due to the way Twitter operates its services, all relevant Tweets must be public in order for entry to be eligible.

By participating in the Promotion, Entrant specifically agrees to release Instagram from any and all liability associated with the Promotion. Use of Instagram will be subject to that service provider's privacy policy and terms of use. The Instagram privacy policy and terms of use are available at: https://instagram.com/about/legal/privacy and https://instagram.com/about/legal/terms/. Due to the way Instagram operates its services, entries from Instagram users with "protected" updates (i.e., entrant has set his or her account so that only people the entrant has approved can view his or her updates) may not be received.

ENTRY REQUIREMENTS: Each Entry:

  • Must be in English, except for commonly understood foreign words
  • Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor, at Sponsor's sole discretion); Any entry deemed as obscene or profane will be deleted
  • Must adhere to the Facebook, Twitter, and Instagram terms of use, available athttps://www.facebook.com/legal/terms/,https://twitter.com/tos/, and https://instagram.com/about/legal/terms/;
  • Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights or that constitutes copyright infringement;
  • Must not disparage Sponsor, Administrator, or any other person or party affiliated with the Promotion;
  • Must not prominently feature brand names or trademarks other than Sponsor's trademarks in any other element of the Entry, which Sponsor has granted entrant a limited license to use for purposes of the Promotion as set forth below;
  • Must not promote any cause other than the Promotion theme;
  • Must not include personally identifiable information;
  • Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Sponsor at Sponsor's sole discretion);
  • Must not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way; and
  • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.

WINNERS

WINNING:  The Prize Winners will be selected in a random drawing to be conducted by the Sponsor from among all eligible entries for that respective Entry Period.

PRIZES:

PRIZE: 6 prizes per Entry Period will be awarded in the form of various products. Entrant must enter on the product they want to win.

PRIZE CLAIM:  Winners will be announced on Facebook.com/sleephappens by 4pm EST, on Monday, December 17, 2018.  Winners will be asked to provide a mailing address to receive their prize. Winners must respond within 24 hours of the announcement in order to claim their prize, or forfeit their winnings.  After the winner claims their prize, Mattress Warehouse will be in contact to gather information on where to send the prize.

General: If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize will not be re-awarded. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. Sponsor will issue an IRS Form 1099-MISC for each winner.

If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry in the Promotion, entrant's sole remedy is to enter the Promotion again to receive another Entry. If for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable. This Promotion is subject to all federal, state, and local laws and regulations.

By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant's entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Promotion materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties' control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission Entry (including, without limitation, registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Promotion, the Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems.

Without limiting the foregoing, everything regarding this Promotion, including the Website and Prize components, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

DISPUTES: Entrants agree that any and all disputes, claims and causes of action arising out of or connected with the PROMOTION or any prize awarded shall be resolved individually, without resort to any form of class action. EXCEPT WHERE PROHIBITED BY LAW, THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. CONTESTANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE Promotion PERIOD.

PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Promotion will be collected by Sponsor or designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at www.sleephappens.com.

PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Prize, each entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.

GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected at Sponsor's sole discretion that an Entrant has registered or attempted to register more than once using multiple email addresses, multiple identities, multiple Facebook accounts, proxy servers or like methods, all of that entrant's entries will be declared null and void, and that entrant may be ineligible to win a Prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant will, at Sponsor's sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the email address associated with the Facebook account used to submit such Entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same.CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of any conflict with any Promotion details contained in these Official Rules, and Promotion details contained in any Promotion promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.

WINNERS LIST: To obtain a list of winners, interested individuals should email mw_cares@sleephappens.com no later than December 31, 2018.

Facebook is a registered trademark of Facebook, Inc.

Twitter and Tweet are registered trademarks of Twitter, Inc.

Instagram is a registered trademark of Instagram, LLC.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram.

SPONSOR: Mattress Warehouse, LLC, 4949 New Design Road, Frederick, Maryland  21703.

This Promotion shall not be published without the written permission of the Sponsor.