Official Rules | What’s your Mattress Warehouse bedMATCH?
What’s your Mattress Warehouse bedMATCH? Promotion
DATES OF PROMOTION: The “What’s your Mattress Warehouse bedMATCH?” Promotion ( the “Promotion”) begins at 12:00 AM Eastern Time (“ET”) on February 13, 2019 and ends at 11:59 PM ET on February 26, 2019 (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 Sweepstakes, an individual who meets the eligibility requirements, and enters the Sweepstakes, 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 Sweepstakes.
HOW TO ENTER THE SWEEPSTAKES: 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 post a photo of themselves on their bed of choice and include both of the following: “#sleephappens” and "#MWbedMATCH" (an "Entry"). All Entries must comply with the Entry requirements in “Entry Requirements” Section below and elsewhere in these Official Rules.
RETAIL PURCHASE: Purchase any product available at the retail location between open and close of business during the Entry Period. Upon purchase, a receipt will be generated and uploaded to the Sponsor’s database for that respective Entry Period. The date and time of the receipt will be recorded by the Sponsor’s database and used to determine the Prize Winner (defined in the “PRIZES” section of these Official Rules). A purchase must be completed and delivered by 11:59 PM ET on March 9, 2019 for the chance to win a Prize (defined in the “PRIZES” section of these Official Rules).
WITHOUT A PURCHASE: To enter without making a purchase, send an e-mail to email@example.com during the Entry Period, inclusive of your first name, last name, address, city, state, zip code, daytime telephone number (including area code), and date of birth. The subject line of the email must state “What’s your Mattress Warehouse bedMATCH Entry”. Email entries that do not include the exact subject line as stated above will not be considered eligible. Email entries that are not received within the Entry Period will not be considered eligible.
In the event of a dispute regarding the identity of the person, the entry will be deemed submitted by the person in whose name the e-mail account (provided via the Entry Form) is registered (the “Authorized Account Holder”). The “Authorized Account Holder” is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses, or the domain associated with the submitted e-mail address. Potential Prize Winner may be required to show proof of being the Authorized Account Holder.
ENTRY REQUIREMENTS: Each Entry:
- Must be in English, except for commonly understood foreign words;
- Must not exceed 2 MB in size
- Must not prominently include any identifiable person(s) other than the contestant(s);
- 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 Sweepstakes as set forth below;
- Must not promote any cause other than the Sweepstakes theme; • Must not include personally identifiable information;
- 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);
- 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.
WINNING: Each receipt uploaded to the Sponsor’s database for Retail and Online Purchases will be date and time stamped at the time of purchase. The Prize Winner 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: One (1) prize per Entry Period equivalent to the dollar amount of the prize winner’s (each a “Prize Winner “) receipt up to $5,000 cash (to be awarded in the form of a refund if purchase was made with a credit card or in the form of a check if purchase was made with cash) (the “Prize “). The amount to be awarded to a Prize Winner will be based on the total of the receipt selected as the prize winning entry. If the selected winner is a non-purchase entrant, the prize will be One (1) $50 Mattress Warehouse gift card.
PRIZE CLAIM: Potential Prize Winner winning a prize in excess of $600 will be notified by email/mail or telephone within ten (10) days of the end date of the Entry Period. Winners will also be announced at www.facebook.com/sleephappens. Potential Prize Winner winning a prize in excess of $600 in value must sign and return, within the time frame indicated in the email or mail notification, an Affidavit of Eligibility/Liability/Publicity Release, and an IRS W-9 Form (the “Paperwork”) in order to claim the Prize. If the potential Prize Winner is unable to provide the Paperwork within the time and date indicated, then that Prize Winner forfeits their right to the Prize and an alternate Prize Winner will be selected based on the next Entrant to be randomly chosen for that respective Entry Period. If a potential Prize Winner returns their purchase prior to the awarding of the Prize, the Prize Winner forfeits their right to the Prize and an alternate Prize Winner will be selected based on the next Entrant to be randomly chosen for that respective Entry Period. In the event the potential Prize Winner fails to return such email by the date indicated in the email or mail notification, or if potential Prize Winner is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential Prize Winner will be disqualified and an alternate Prize Winner will be selected based on the next Entrant to be randomly chosen for that respective Entry Period. The value associated with the Prize may be taxable as income and the Prize Winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Prize. The Sponsor must report the value of the Prize to the Internal Revenue Service in the year the Prize is received by the Prize Winner and will be reported to the Prize Winner and the Internal Revenue Service in the form of a Form 1099. If the potential Prize Winner’s Prize is less than $600, the Prize will automatically be sent to the Prize Winner within (2) two to (3) three weeks.
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 Sweepstakes, entrant's sole remedy is to enter the Sweepstakes again to receive another Entry. If for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable. This Sweepstakes is subject to all federal, state, and local laws and regulations.
By entering the Sweepstakes, 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 Sweepstakes; 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 Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant's entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes 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 quasigovernmental 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 Sweepstakes; (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 Sweepstakes, the Website or any other Sweepstakesrelated websites or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Sweepstakes, 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 SWEEPSTAKES 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 Sweepstakes PERIOD.
PUBLICITY RIGHTS: By participating in the Sweepstakes 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes, 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 Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes 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 SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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 Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST: To obtain a list of winners, interested individuals should email firstname.lastname@example.org no later than December 31, 2019.
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 Sweepstakes 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.