Email Opt-In Contest Rules and Regulations
THIS CONTEST IS FOR RESIDENTS OF CANADA ONLY (EXCLUDING QUEBEC) AND WILL BE INTERPRETED AND SUBJECT TO ALL CANADIAN FEDERAL, PROVINCIAL, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.
“Email Opt-In” Contest (the “Contest”) is administered by Sleep Country Canada LP (the “Sponsor”). Any questions, comments or complaints regarding the Contest should be directed to the Sponsor at 140 Wendell Avenue, NORTH YORK, ON M9N 3R2. By participating in this Contest, each contestant agrees to be legally bound by these Official Contest Rules and Regulations (the “Rules”).
1. CONTEST PERIOD
The Contest is run by the Sponsor and will take place from January 15, 2016 at 12:00:01 a.m. Eastern Time (“ET”) to March 31, 2016 at 11:59:59 p.m. ET (the “Contest Period”). Contest Sponsor reserves the right to cancel, terminate, modify, amend, extend or suspend the Contest, and select a winner from previously received applicable eligible entries.
The Contest is open to all legal residents of Canada who:
reside in any province or territory within Canada except Quebec;
are sixteen (16) years of age or older as of the date of entering the Contest and who, if under the age of majority in their province or territory of residence, have received the permission of their parent or legal guardian to enter the Contest and potentially become a winner of a prize (see Section 7.6 below);
are not employees, representatives or agents of the Contest Group Entities (as defined below), or anyone domiciled with such employees, representatives, agents or judge (whether related or not).
have agreed to comply with applicable laws (including, but not limited to, laws relating to libel and obscenity), assume responsibility for their activities, and not to harass, disrupt, abuse, or invade the privacy rights of others; and
have read and accepted, and agreed to comply with these Rules.
For the purposes of these Rules, “Contest Group Entities” means the Sponsor, its parent, sister, affiliated and subsidiary companies, all advertising and promotion agencies, suppliers of prizes, materials and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Contest.
Grand Prize: There is one (1) Grand Prize available to be won consisting of the following:
• A $500 Sleep Country Canada gift card. Approximate monetary value is $500. All amounts in these Rules are in Canadian dollars.
The winner is solely responsible for payment of any applicable taxes and reporting any taxable income associated with the Grand Prize. The Grand Prize cannot be substituted or transferred to a third party. Gift card prize is subject to any and all terms and conditions which may be contained thereon. Any additional costs not described in these Rules as part of the Grand Prize that are incurred in collecting and using the Grand Prize are the winner's responsibility.
4. METHODS OF ENTRY
Entry and Registration: To enter the Contest, an eligible contestant must complete the Contest Entry Form (the “CE Form”) on the Sleep Country Canada website. Contestants must provide a valid email address and full name on the CE Form. Contestants must agree to receive email communications from Sleep Country Canada. Incomplete CE Forms or CE Forms with false information will be deemed invalid and will be disqualified. Only fully completed CE Forms with valid information received by the Sponsor's servers during the Contest Period will be accepted for entry into this Contest. Once the CE Form is complete, the contestant must click submit. The contestant will then receive one entry into the Contest.
Limit of One Entry: There is a limit of one (1) entry per person and per email address during the Contest Period.
Note: If it is discovered that a contestant has attempted to: (i) enter more than one (1) time or (ii) use (or attempt to use) multiple names, email addresses or identities to enter, or otherwise participate in, the Contest, then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from participating in the Contest and all of his/her entries may be disqualified. Use (or attempted use) of multiple identities, email addresses and/or any automated system to enter or otherwise participate in this Contest is prohibited and is grounds for disqualification.
No purchase is necessary. To enter without agreeing to receive email communications from Sleep Country Canada, one entry can be obtained by sending the completed CE Form in a self-addressed stamped envelope by registered mail to: Contest Administrator, Email Opt-In Contest, 140 Wendell Avenue, North York, ON, M9N 3R2. Mail-in entries must be received no later than March 31, 2016.
5. DRAW & WINNER SELECTION PROCESS
Random Draw: On or about April 5, 2016 at 2:00 pm ET (the “Draw Date”) in the city of Toronto, in the province of Ontario, at the offices of the Sponsor, one (1) entry will be randomly selected from a server generated list of all entries received by the Sponsor’s servers during the Contest Period. The contestant who owns the selected entry, and who is otherwise eligible to win, will be the selected contestant who is eligible to win the Grand Prize subject to compliance with these Rules.
Odds of Winning: The odds of winning the Grand Prize are dependent on the number of eligible entries received by the Sponsor during the Contest Period in accordance with these Rules.
Contacting Selected Contestant: Sponsor or its designated representative will make a minimum of two (2) attempts to contact the selected contestant by email using the information provided at the time of entry within 5 business days of the Draw Date. If the selected contestant cannot be contacted (i.e. does not reply to the email from the Sponsor or its representative) within 10 business days of the Draw Date, then he/she may be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate selected contestant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected contestant).
Declaration and Release Form; Skill-Testing Question: in order to be declared the confirmed Grand Prize Winner or win any prize, the selected contestant (or, if he or she is a minor in his/her province or territory of residence, his/her parent or legal guardian) must, in addition to meeting all Contest eligibility criteria and otherwise complying with these Rules, correctly answer, a mathematical skill testing question without assistance of any kind, whether electronic or otherwise, and sign and return within 5 business days of notification by e-mail, a Declaration and Release prepared by the Sponsor which, among other things:
confirms compliance with these Rules;
acknowledges acceptance of the prize as awarded;
releases the Releasees (as defined in Section 7.6) from any liability and damage which could arise out of or in any way related to the Contest and from the awarding, receipt, possession and/or use or misuse of any prize; and
allows the Contest Group Entities to use, reproduce and/or publish in any related publicity, his/her name, photograph, image, likeness, biographical information, any statements made regarding a prize, place of residence, and/or voice for advertising and promotional purposes in perpetuity and in any manner and in any medium (including the Internet), without any compensation or further attribution or notification.
If the selected Contestant:
does not correctly answer the mathematical skill testing question in the manner prescribed;
fails to return the properly executed Declaration and Release within the specified time;
cannot accept the prize for any reason; or
otherwise fails to comply with the Rules;
then he/she will be disqualified (and will forfeit all rights to the prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select by random draw from among all remaining eligible entries an alternate selected contestant as the potential winner of the Grand Prize (in which case the foregoing provisions of this section shall apply to such new potential prize winner).
6. AWARDING OF PRIZES(S)
Prize Recipient: The confirmed Grand Prize winner will receive (i) the Grand Prize.
Prize Delivery: : Notwithstanding any other provision of these Rules, the Sponsor or its representatives will determine how the presentation of the prize will occur and this may be either in a media event, by mail or in person. If the determined method is by mail to the confirmed Grand Prize winner at his/her address as provided on the CE Form, please allow four (4) to six (6) weeks for delivery.
7. GENERAL TERMS AND CONDITIONS
Verification of Entries : The Sponsor reserves the right, in its sole and absolute discretion, to verify or require proof of identity and/or eligibility (in a form acceptable to the Sponsor or a Contest Group Entity) from any contestant in this Contest for the purposes of this Contest. Contestants whose entries cannot be verified to the satisfaction of Sponsor in its sole and absolute discretion may be disqualified from the Contest and will not be eligible to win any prize. In that case, Sponsor reserves the right to conduct a reselection of a selected contestant by random draw. The sole determinant of the time for the purposes of a valid registration and/or entry in this Contest will be the Contest server machine(s) in Eastern Time.
No Liability : The Releasees (defined below in Section 7.6) will not be liable for: (i) any failure of the Sleep Country Canada website or Sponsor servers during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Sleep Country Canada form or entry, to be received by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to a contestant’s, or any other person’s computer related to or resulting from participating or downloading any material in the Contest; and (v) any combination of the above.
Acceptance of Prizes : The Grand Prize must be accepted as awarded and (i) is not transferable (ii) the costs of everything not specifically stated as included in the prize are the sole responsibility of the winner; (iii) by accepting a prize, the winner agrees to waive all recourse against the Releasees (as defined in Section 7.6) if the prize or a component thereof does not prove satisfactory, either in whole or in part.
Number of Prizes/Winners : By entering the Contest, each contestant acknowledges that the Sponsor shall not be required under any circumstances to award more prizes than the number of available prizes, as set out in these Rules. In the event that, for any reason whatsoever (including without limitation, as a result of an error, malfunction or defect in the design, advertising, management, implementation or administration of the Contest, whether mechanical, electronic, human or otherwise) the number of declared winners or the number of prizes claimed by contestants is greater than the number of prizes available, the Sponsor reserves the right, in its sole and absolute discretion, to end the Contest in whole or in part, without notice, and to award the correct number of prizes among the correct number of winners, selected in accordance with these Rules from among those eligible entries validly submitted prior to the termination of the Contest.
Termination of Contest : The Sponsor reserves the right to void any entry and/or withdraw, suspend, amend or terminate this Contest in whole or in part (or to amend these Rules) in any way at any time without prior notice (but subject to applicable law), in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that, in the Sponsor’s sole discretion determines, interferes with the proper conduct of this Contest as contemplated by these Rules, or in the event of any accident, printing, administrative, or other error or any kind, or for any other reason. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the person will be automatically disqualified and the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any contestant or entry, with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
Release and Exclusion of Liability: By entering or attempting to enter the Contest, each contestant and/or purported contestant agrees to release, discharge, and forever hold harmless the Contest Group Entities, and their respective officers, directors, employees, shareholders, agents and other representatives (collectively, the “Releasees”) from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with the contestant’s participation or attempted participation in the Contest, compliance or non-compliance with these Rules and acceptance, use or misuse of any prize. The Releasees will not be responsible for lost, incomplete, late or misdirected entries or for any failure of the Sponsor’s website during the Contest Period, or for any technical malfunction or other problems with, any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or for any technical problems or traffic congestion on the Internet or at any website, or any combination of the foregoing, and will not be liable for any resulting injury or damage to any person or property arising from, or relating to, that person’s or any other person’s participation or attempted participation in the Contest.
Minors : For greater certainty, where the selected contestant is under the age of majority in his/her province or territory of residence, as a pre-condition to the selected contestant being declared the winner and receiving the prize, the parent or legal guardian of the selected contestant must consent in writing to the selected contestant being declared a winner and receiving a prize and must also answer the skill-testing question and sign and return to the Contest Sponsor the Contest Sponsor’s form(s) of Declaration and Release documentation (see Section 5.4 above).
Dispute - In the event of a dispute regarding who submitted an entry, it will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A contestant may be required to provide proof that he/she is the Authorized account holder of the email address associated with the selected entry and/or a vote, and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, these Rules shall prevail, govern and control.
Sponsors' Decisions : This Contest is subject to all applicable federal, provincial, municipal and local laws and regulations. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all contestants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of contestants, entries, and votes.