Terms & Conditions – Dream Stack Giveaway

THE ULTIMATE FITNESS DREAM STACK SWEEPSTAKES

OFFICIAL RULES
NO PURCHASE NECESSARY
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
OPEN TO LEGAL RESIDENTS OF THE 48 UNITED STATES EXCLUDING NEW YORK AND FLORIDA
THE DISTRICT OF COLUMBIA AND PUERTO RICO, 18 YEARS AND OLDER

The Ultimate Fitness Dream Stack Sweepstakes (the “Promotion”) begins at 12:00 am Eastern Time (“ET”) on April 2, 2025 and ends at 11:59 pm ET on April 13, 2025 (“Promotion Period”). The Promotion consists of a prize package of: one Eight Sleep Pod 4, one Hyperice 2 Pro, one Normatec Elite, Venom 2 Black, and one Tonal 2 (the “Prize Package”).  For purposes of this Promotion, each “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET.

NOT OPEN TO RESIDENTS OF THE STATES OF NEW YORK AND FLORIDA AND PRIZES CAN NOT BE SHIPPED TO THOSE STATES.  WE WILL DETERMINE “RESIDENCY” IN THOSE STATES.  IF YOU WIN AND THEN SUBMIT A SHIPPING ADDRESS TO THE STATE OF NEW YORK OR FLORIDA YOU WILL BE EXCLUDED FROM WINNING AND AN ALTERNATE WINNER WILL BE CHOSEN. 

  1. HOW TO ENTER: During the Promotion Period, visit www.eightsleep.com/dreamstack (“Website”) managed by Eight Sleep, Inc. (“Administrator”) and enter your name and email address (“Entry”). You will receive one (1) entry into the Promotion. In the Entry, you will be opting in to receive marketing emails from Eight Sleep, Inc., Hyperice, Inc., and Tonal Systems, Inc. (the “Sponsors”), subject to the Sponsors’ privacy policies, available in Section 13 below. You may opt-out of these email communications at any time. Should you choose to opt-out during the Promotion Period your Entry will continue to be valid as long as it meets all other criteria required by these Official Rules. If you have previously opted-out of marketing communications from Sponsors you will not be re-added to Sponsors’ email list. Limit: One (1) Entry per person during the Promotion Period. Use of any robotic, automatic, programmed, or similar entry method, or the use of any means (such as using more than one (1) email address or inputting fake mailing addresses) to obtain more than the stated number of Entries will void all Entries of the person responsible for such action and result in his or her disqualification from the Promotion. Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, unintelligible, misdirected or otherwise non-compliant Entries, all of which will be disqualified. In the event of a dispute as to the identity of an entrant, Sponsors and Administrator will rely on the information submitted by the entrant to register for this Promotion. If information provided by entrant to claim the Prize Package (including but not limited to your first and last name) is inconsistent with the information provided at registration, Sponsors and/or Administrator may disqualify such entrant and such disqualification will result in the forfeiture of any prize such entrant may claim (if applicable). Sponsors, in their discretion, may request additional documentation from entrant to confirm entrant’s identity. Failure to comply will result in disqualification. By participating, you agree to abide by and be bound by these Official Rules and the decisions of the Sponsors and Administrator, which shall be final in all matters relating to this Promotion. All federal, state, and local laws apply.
  2. Mail In: To receive an Entry without submitting your name and email, handprint, on a 3″ x 5″ piece of paper, your name, street address, city, state, ZIP Code, daytime phone number, email address, and date-of-birth, and mail it in a #10 stamped envelope with proper postage affixed to Eight Sleep, Ultimate Fitness Dream Stack Sweepstakes, 915 Broadway, Office 1301, New York, NY, 10010 Mail-in entries must be postmarked by April 10, 2025 and received by April 12, 2025.
  1. ELIGIBILITY: Open only to residents of the 48 United States (excluding New York and Florida), D.C., and Puerto Rico 18 years of age or older at the time of entry, except for employees, officers and directors of Sponsors, Administrator, each of their respective parent companies, affiliates, subsidiaries and agencies (collectively “Promotion Parties”), and members of the immediate families (defined as including spouse, biological, adoptive and stepparents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or persons living in the same household (whether related or not) of any of the above. Promotion is void outside the 48 United States, D.C., and Puerto Rico and where prohibited.
  1. WINNER DETERMINATION AND PRIZE CLAIM: SWEEPSTAKES: One prize drawing will be conducted as follows: Administrator will select one (1) winner in a random drawing from all eligible Entries on April 14, 2025. The potential winner will be notified at the email address used to enter the Promotion. The potential winner must execute and return a Declaration of Compliance, Liability Release and, where permitted by law, Publicity Release (collectively “Declaration”) within two (2) days of first attempted delivery or potential winner forfeits the prize and it may be awarded to an alternate winner in a random drawing from among all remaining eligible Entries. The potential prize winner will be required to provide his or her mailing address for prize fulfillment purposes within two (2) days of first attempted delivery of prize notification or potential winner may be disqualified and forfeit the applicable prize, which may be awarded to an alternate winner in a random drawing from among all remaining eligible Entries received, as determined by Sponsors in their sole discretion. If a potential winner’s shipping address is in the state of New York or Florida they will be deemed ineligible to win, pursuant to these Official Rules. The return of any prize/prize notification as undeliverable may result in disqualification and forfeiture of the applicable prize, which may be awarded to an alternate winner in the manner described above, as determined by Sponsors in their sole discretion. The potential winner will also have five (5) days to return the Tonal pre-installation survey or potentially forfeit aware of the Tonal 2, in Tonal’s sole discretion. In the event that the potential winner is disqualified for any reason, Sponsors may award the Prize Package to an alternate winner in a random drawing from among all remaining eligible Entries received, as determined by Sponsors in their sole discretion. If necessary, this process will be repeated up to three (3) times, after which the Prize Package will not be awarded if it remains unclaimed. Prizes will be fulfilled within approximately 8-10 weeks after the conclusion of the Promotion Period and verification of winners’ eligibility and compliance with these Official Rules and, in the case of the Tonal, verification of an appropriate place to have the Tonal installed. If the winner does not have an appropriate place for a Tonal to be installed, no prize will be substituted. Prizes will be shipped separately and will not arrive at the same time.
  2. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Approximate Retail Value of the Prize Package is $8,621 The actual value of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed, taxes, duties, coupons, promotions, and other factors. Winner will not receive the difference between actual value and ARV, if any. No substitutions or transfers of prizes permitted by winners except at the discretion of the Sponsors; prizes are not redeemable for cash. Sponsors reserve the right to substitute a prize (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailable. All prizes are awarded “as is” without warranty of any kind, express or implied, on the part of the Sponsors. Winner agrees to look to the manufacturer or supplier of the prize or prize component, and not the Sponsors or Administrator, for any warranty on the prize or prize component or for any damages arising out of acceptance or use of the prize or prize component.
  3. PUBLICITY: Acceptance of a prize shall constitute and signify each winner’s agreement and consent that Sponsors and their designees may use the winner’s name, city, state, likeness, photo, and/or prize information in connection with the Promotion for promotional, marketing, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet and social media platforms, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
  4. RELEASE: By entering the Promotion, entrants agree to release and hold harmless Tonal Systems, Inc., Eight Sleep, Inc., Hyperice, Inc.and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, use, inability to use, misuse or redemption of any prize (including any injury or harm related thereto).
  5. GENERAL CONDITIONS: Sponsors reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, or any event or cause beyond Sponsors’ control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Promotion, including but not limited to fulfillment of the prize(s), as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prizes at random from among the eligible entries or plays received up to the time of the impairment. Sponsors reserve the right, in their sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes including but not limited to submitting fraudulent Entries, or to be acting in violation of the Official Rules of this or any other promotion by Sponsors or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In no event will more prizes than are stated in these Official Rules be awarded. In the event there is a discrepancy or inconsistency between any other statements contained in any promotion-related materials (including printed versions of these Official Rules) and the Official Rules as posted on the Website, the Official Rules as posted on the Website shall prevail, govern, and control.
  6. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) any incorrect or inaccurate information either caused printing errors or by any of the equipment or programming associated with or utilized in the Promotion or provided by entrants; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections to the internet, in phone lines, or network hardware or software; (c) unauthorized human intervention in any part of the Promotion, including but not limited to the entry process; (d) technical or human error which may occur in the administration of the Promotion, including but not limited to the processing of Entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt, use, inability to use, or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Promotion Entry, if possible.
  1. DISPUTES: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California state court located in San Francisco County, California; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein. If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
  1. PRIVACY POLICY: Information collected from entrants is subject to the Administrator’s Privacy Policy at https://www.iubenda.com/privacy-policy/379226/full-legal
  1. WINNERS LIST: For the winner list of prizes write to Eight Sleep, Inc., Ultimate Fitness Dream Stack Sweepstakes Winners List, 915 Broadway, Office 1301, New York, NY 10010 The winner’s name may be posted after winner confirmation is complete.
  2. SPONSORS: Tonal Systems, Inc., 69 Converse St., Suite 200, San Francisco, CA 94103, Eight Sleep, Inc., 915 Broadway, Office 1301, New York, NY 10010, Hyperice, Inc., 525 Technology Drive, Suite 100, Irvine, CA 92618. Sponsors’ privacy policies are available at https://www.iubenda.com/privacy-policy/379226/full-legal, https://hypericenordic.com/privacy-policy/ and https://www.tonal.com/privacy/
  3. ADMINISTRATOR: Eight Sleep, Inc., 915 Broadway, Office 1301, New York, NY 10010. Any questions, comments or complaints regarding this Promotion must be directed to the Sponsors or Administrator only.