tulo Review Sleepstakes Sweepstakes (“Sweepstakes”)

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  THIS SWEEPSTAKES IS INTENDED FOR LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA  WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.  DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.  VOID WHERE PROHIBITED.  Subject to all applicable federal, state and local laws and regulations. 

  1. ELIGIBILITY: Open to legal residents of the 50 United States (excluding Rhode Island) and the District of Columbia who are 18 years of age or older.  The following individuals are not eligible to enter or win a prize:  employees, associates, franchisees, stockholders, contractors, directors, and officers of Mattress Firm, Inc. (“Sponsor”) or of any of its parent, subsidiary and affiliated companies and franchisees, and the web design, advertising, fulfillment, legal, judging, administrative, and sweepstakes agencies involved in any of the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). Void where prohibited.

  1. SWEEPSTAKES PERIOD: Sweepstakes begins on November 1, 2017 at 12:00:01 am Central Time (“CT”) and ends on October 31, 2018 at 11:59:59 pm CT (the “Sweepstakes Period”). The Sweepstakes Period is divided into 12 (12) entry periods, (each an “Entry Period”), as defined in Section 4 below.  

  1. TO ENTER:

(A) With Purchase: Individuals who make a purchase at participating Sponsor locations or on tulo.com (an “Eligible Purchase”) will receive an email from Sponsor with a link to review the store at which the Eligible Purchase was made. Follow the link in the email to visit the Sweepstakes microsite (the “Web Site”), then follow the on-screen directions to complete and submit your review and the online entry form, including your e-mail address, full name, street address, city, state, and ZIP code, to receive one (1) entry into the Sweepstakes (an “entry”). By submitting your review through the Web Site, you agree that we may, in our sole discretion, display the contents of your review, as well as the fact that you authored the review and disclose that the review was submitted as a sweepstakes entry (collectively, the “Review Content”), in any medium, for any amount of time, to promote and market one or more of our products and/or stores. You further agree that we may use the Review Content for our internal business purposes and distribute the Review Content to a wider audience through third party sites and services.

(B) To Enter Without Purchase or other Obligation: To enter the Sweepstakes without purchase by U.S. Mail, legibly print your name, address (no P.O. Boxes), city, state, ZIP code, e-mail address, day and evening telephone numbers (with area code), and the words “tulo Review Sleepstakes” on a 3” x 5” card, and mail it in a properly stamped #10 envelope to: tulo Review Sleepstakes Alternate Entry, P.O. Box 956, South Bend, IN  46624-0956 (a “Mail-in Entry”). Mail-in Entries become the property of Sponsor and none will be returned. Mail-in Entries must be postmarked by October 31, 2018 and received by November 8, 2018.  Each entry must be in a separate postmarked outer envelope. No mechanical reproductions of Mail-in Entries allowed. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete Mail-in Entries or any postage-due with respect to any Mail-in Entries. Each valid Mail-in Entry will count as one (1) entry into the Sweepstakes.

Limit one (1) entry per person regardless of entry method.  Automated means of entry are prohibited and any use of automated devices to enter or otherwise participate in the Sweepstakes will cause disqualification. An email address 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 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 by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entrants may not enter with multiple email addresses or use any other device or artifice to enter multiple times or as multiple entrants.  Any entrant 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. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.

  1. DRAWINGS/ODDS: Prizes will be awarded in a series of random drawings conducted by a third party promotion administrator engaged by Sponsor (“Administrator”) on or about the dates outlined in the table below, from all eligible entries received for each Entry Period. Non-winning entries will rollover into subsequent Entry Periods. Odds of winning a prize depend on the number of eligible entries received for each Entry Period. Administrator’s decisions shall be final and binding on all matters relating to the Sweepstakes' drawings.

Entry Period

Start Date

End Date

Drawing Date

1

11/1/17(at 12:00:01 a.m. CT)

11/30/17 (at 11:59:59 p.m. CT)

12/8/17

2

12/1/17 (at 12:00:00 a.m. CT)

12/31/17 (at 11:59:59 p.m. CT)

1/8/18

3

1/1/18(at 12:00:01 a.m. CT)

1/31/18 (at 11:59:59 p.m. CT)

2/8/18

4

2/1/18 (at 12:00:00 a.m. CT)

2/28/18 (at 11:59:59 p.m. CT)

3/8/18

5

3/1/18 (at 12:00:01 a.m. CT)

3/31/18 (at 11:59:59 p.m. CT)

4/9/18

6

4/1/18 (at 12:00:00 a.m. CT)

4/30/18 (at 11:59:59 p.m. CT)

5/8/18

7

5/1/18 (at 12:00:01 a.m. CT)

5/31/18 (at 11:59:59 p.m. CT)

6/8/18

8

6/1/18 (at 12:00:00 a.m. CT)

6/30/18 (at 11:59:59 p.m. CT)

7/9/18

9

7/1/18 (at 12:00:01 a.m. CT)

7/31/18 (at 11:59:59 p.m. CT)

8/8/18

10

8/1/18 (at 12:00:00 a.m. CT)

8/31/18 (at 11:59:59 p.m. CT)

9/10/18

11

9/1/18 (at 12:00:01 a.m. CT)

9/30/18 (at 11:59:59 p.m. CT)

10/8/18

12

10/1/18 (at 12:00:00 a.m. CT)

10/31/18 (at 11:59:59 p.m. CT)

11/9/18

  1. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

Twelve (12) Grand Prizes; one (1) per Drawing: a $400 Visa Gift Card.

Total Approximate Retail Value (“ARV”) of all prizes: $4,800.

  1. PRIZE RESTRICTIONS: Limit one (1) prize per person/email address/household. 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 its sole discretion to substitute a prize with one of equal or greater retail value. Winners are solely responsible for any taxes on the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Gift cards are subject to the terms and conditions set by the issuer. Unclaimed prizes will not be awarded.

  1. WINNER NOTIFICATION AND PRIZE CLAIM: Potential winners are subject to verification, including verification of age. Potential winners will be contacted via email. Potential winners will be required to respond within five (5) days of attempted email notification, or prize may be forfeited and an alternate winner may be contacted. 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, if a potential winner is found not to be eligible, 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. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or  legal guardian who must sign and return all required documents. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced.

  1. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes.  In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.  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 Sweepstakes.  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. No more than the advertised number of prizes will be awarded. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, and Sweepstakes Parties from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.  Entrants agree to be bound by these Official Rules and the decisions of the Administrator. Information collected in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy (available at http://www.mattressfirm.com/privacy%20policy-m27.aspx).  Entrants and winners, in accepting a prize, agree to release, indemnify and hold harmless the Sponsor and the Sweepstakes Parties from any and all claims of liability related to participation in the Sweepstakes and use or acceptance of prize. Further, no responsibilities are accepted for any additional expenses, omissions, delays, rerouting or acts of any government or authority.  This Sweepstakes is offered only in the United States and is governed by the laws of the state of Texas, and entrants consent to jurisdiction and venue in, and agree that all claims and disputes must be resolved exclusively in the federal or state courts in Houston, Texas.

  1. INTERNET USAGE:  Proof of entering information on the Web Site is not considered proof of delivery or receipt by Sponsor. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, of entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers or service providers, computer equipment, software, failure of any email or request to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at the Web Site, or any combination thereof, including any injury or damage to entrant’s or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes.

  1.  PUBLICITY: Winners (or winners’ parent/legal guardian if winner is an eligible minor), in accepting their prize, consent to the Sponsor’s use of their name, address (city, state), photographs and likenesses for purposes of advertising, trade and promotion in any and all media, without further compensation, except in Tennessee and where prohibited by law.  If you are selected as a winner, your information may also be included in a publicly-available winner’s list.

  1. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sponsor’s Sweepstakes 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 SWEEPSTAKES 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. SWEEPSTAKES, 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 SWEEPSTAKES, 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.

  1. WINNERS LIST: For a list of winners, e-mail your request to writeareview@mattressfirm.com and indicate in the subject line “tulo Review Sleepstakes” no later than November 28, 2018. 

  1. SPONSOR: Mattress Firm, Inc., 10201 Main St, Houston, TX  77025.