Survey Contest Terms & Conditions
SIMBA SLEEP – 2022 SURVEY PROMOTION
The Simba Sleep “2022 Survey Promotion” (the “Promotion”) is intended for Canadian residents (excluding the Provinces of Quebec) only and is governed by Canadian, provincial, municipal law. Please do not enter the Promotion if you are not a legal resident of Canada (excluding the Province of Quebec) and are located in Canada (excluding the Province of Quebec) at time of entry. The Promotion is sponsored by Simba Sleep Canada Ltd. (the “Sponsor”). Void where prohibited by law.
PROMOTION PERIOD: The Promotion commences at 12:00:01 PM (EST) on March 24, 2022 and will end at 11:59:59 PM (EST) on April 24, 2022 (the “Promotion Period”). The sole determinant of time for the purposes of this Promotion, including receipt of a valid entry, will be the Promotion computer servers (“Promotion computers”). Proof of transmission (screenshots or captures, etc.) or attempted transmission does not constitute proof of delivery or receipt by the Promotion computers or Sponsor.
ELIGIBILITY: To enter and be eligible to win the Prize a person must be, at the time of entry into the Promotion: (a) an individual legal resident of Canada (excluding the Provinces of Quebec), (b) located in Canada (excluding the Province of Quebec), (c) be of the age of majority in his/her province or territory of residence. Employees, officers, and directors (including immediate family members and members of the same household of such persons, including common law spouses) of the Sponsor, its funders, partners, and provincial representatives, affiliated companies or agents, their respective advertising or promotional agencies, prize suppliers and the independent contest organization (collectively, the “Promotion Entities”) are not eligible to enter the Promotion. For these Official Rules, “immediate family” means mother, father, sister, brother, son, daughter or spouse, including common law spouse, regardless of where they reside. Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Promotion. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of the Promotion must be truthful, complete, accurate and in no way misleading. Sponsor reserves the right, in its sole and absolute discretion to disqualify any entrant, should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. All entries must be submitted by the individual entrant and not by another person on the entrant’s behalf.
HOW TO ENTER: NO PURCHASE IS NECESSARY. Although online access is required in order to participate in the Promotion, no purchase is required. Many public libraries, Internet cafés, retail businesses and others offer access to the Internet and a number of Internet service providers and other companies offer free email accounts. On or about March 24, 2022 the Sponsor will send out an e-blast to those that have previously subscribed to receiving future communications from the Sponsor.
a. To enter, if you received an email click on the link to complete the online survey and if you wish to be entered into this Promotion, tick the box to confirm your entry into this Promotion.
b. Once you click ‘submit’, you have been entered into the contest.
LIMIT OF NUMBER OF ENTRIES: A person may only use one (1) e-mail address to participate in the Promotion. Limit of one (1) entry, per person during the Promotion Period. All information provided by participants must be truthful, complete, accurate and in no way misleading. Any person, who is found to have entered the Promotion with more than one (1) e-mail address or has submitted falsified information, will be disqualified and all such entries received by such person during the Promotion Period will be disqualified at the Sponsor’s sole discretion. The Sponsor reserves the right, in their sole discretion, to disqualify any entrant who at any stage, supplies untruthful, incomplete, inaccurate, or misleading information. Proof of transmission (screenshots or captures etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed or any other automated means are prohibited and will be disqualified. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries, which will be void. All entries become the property of the Sponsor upon receipt and none will be returned. Entries are subject to verification and will be declared invalid if they are forged, falsified, altered, or tampered with in any way.
PRIZE: One (1) prize is available to be won, it consists of the following:
1 Simba 2500 Mattress (king / queen / twin / full)
2 Simba Hybrid Pillows
1 Simba Hybrid Duvet (king or queen)
The approximate retail value of each prize is $2200.00 CDN.
Prize must be accepted as awarded without substitution and are not transferable and not for resale. In the event the Sponsor is unable to award the Prize or a component of the Prize as described for any reason, the Sponsor reserves the right to substitute the Prize or a component with another prize of equal or greater value, without liability. Prize is provided “as is” without further warranty, representation, condition, or guarantee, express or implied, of any kind. Neither the Sponsor or the Promotion Entities make any representation or offers any warranty, express or implied, as to the quality or fitness of the prize awarded in connection with the Promotion. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Promotion Entities should the prize or any portion thereof fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, the confirmed winner agrees to waive all recourse against the Sponsor and the Promotion Entities if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
DRAW: A random draw will be held in Toronto, ON at approximately 3:00 p.m. EST on May 9, 2022 (the “Draw Date”). One (1) eligible entrants will be randomly selected from among all eligible Entries that were submitted and received in accordance with these Rules during the Contest Period. The odds of winning the Prize depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period. The Sponsor or its designated representative will attempt to contact the eligible winner by e-mail (using the information provided on the Entry Form) within five (5) business days of the Draw Date. The Released Parties will not be responsible for failed attempts to contact an eligible winner. If any eligible winner cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
RELEASE FORM: The selected entrant must complete and return by the indicated date, the Sponsor’s Declaration of Compliance and Release of Liability and Publicity Release Form (the “Form”). By completing and returning the Form, the entrant confirms compliance with the Official Rules, acknowledges acceptance of the Prize as awarded and cannot be substituted or transferred and has no cash surrender value, releases the Sponsor and the Promotion Entities, and their respective shareholders, directors, officers, employees and agents from and against all liability in connection with the Promotion and the awarding and use of the Prize, and agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Promotion and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet (including, but not limited to, any social media platforms and any and all media now known or hereafter devised) and consent to irrevocably assign and transfer to or waive in favour the Sponsor any and all rights, title, interest and claim, which they now have or may have in the future, to the entry and the concepts and Third Party Elements embodied therein, including without limitation, the copyright and/or moral rights therein. The Form must be completed and returned within the time period specified on the Form or the Prize will be forfeited and the selected entrant will forfeit all rights to the Prize without liability to the Sponsor or the Promotion Entities. The selected entrant may be required at the Sponsor’s sole discretion, provide a copy of photo identification showing his/her valid address. The selected entrant agrees to co-operate in any investigations by the Sponsor to confirm his/her eligibility and to help ensure that the use of such potential winner information in advertising or publicity for the Promotion will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion or the Sponsor and Promotion Entities as determined by the Sponsor in its sole discretion.
CONDITIONS OF ENTRY: By entering the Promotion, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements, and (ii) agree to be bound by the Official Rules and by the decisions of the independent contest organization, made in its sole discretion, which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules will be disqualified.
DISPUTE: If a dispute arises regarding who submitted an on-line entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail address provided at the time of entry. The authorized account holder is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
GENERAL: The Sponsor and the Promotion Entities do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of entry information; (ii) entries which fail to comply with the Official Rules; (iii) any loss, damage, or claims caused by the awarded prize or the Promotion itself; (iv) any failure of the website during the Promotion Period, including any problems, human or technical error, printing errors, lost, delayed, garbled data or transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail; on-line entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material in the Promotion, all of which may affect a person’s ability to participate in the Promotion; or (v) any other matter whatsoever. Entry material/data that have been tampered with or altered are void.
MISCELLANEOUS: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and construed in accordance with the Federal, Provincial, and Municipal laws applicable therein without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor and or the Promotion Entities reserves the right to seek damages from any such person to the fullest extent permitted by law.
TERMINATION: The Sponsor reserves the right to terminate or suspend this Promotion or to amend the Official Rules at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Promotion is not capable of running as originally planned, such as tampering or infection by computer virus, the Sponsor reserves the right to cancel the Promotion and conduct the draws from all previously eligible entries received by the date of cancellation.
INCONSISTENCY: In the event of any discrepancy or inconsistency between the terms and conditions of these Official English Rules and disclosures or other statements contained in any Promotion-related materials, including, but not limited to: The Promotion entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these Official English Rules shall prevail, govern and control.