Smartsilk Product Giveway Contest
GENERAL CONTEST RULES – NORTH AMERICA (United States of America and Canada)
These rules govern the Asthma Pillow Giveaway (“Contest”). The act of entering the Contest constitutes acceptance of the Contest rules and the decisions of the Contest runners, which decisions shall be final and binding upon all entrants. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to SmartSilk and not to Facebook. By participating in this promotion you agree to a complete release of Facebook from any claims.
CORPORATION ORGANIZING THE CONTEST
SmartSilk Product Giveaway Contest (hereinafter the “Contest”) is organized by SmartSilk, a silk bedding company based out of Canada. The contest is designed to help SmartSilk promote their pillow product.
ELIGIBILITY and ENTRY
This Contest is free of charge and no purchase is necessary to participate or win. Purchase does not increase your chance of winning. Void where prohibited. This Contest is open to legal residents of the U.S.A. and Canada, who have reached the age of majority in their state/province of residence as of the first day of the Entry Period (as defined below), living in the 50 United States and Canada, the District of Columbia and Canada (void in Quebec, U.S. overseas territories and where prohibited and/or restricted by law). Employees of SmartSilk or any of its affiliates (and their immediate family members) are not eligible to participate. This Contest is subject to all applicable federal, state and local U.S. and Canadian laws. Entry information will not be acknowledged or returned. By entering the Contest, you hereby warrant that all information submitted by you is true, complete and current. Entries that do not comply with the requirements stated in these General Contest Rules will be disqualified. SmartSilk, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or otherwise in violation of these General Contest Rules. The Contest shall run from April 26th 2016 to May 26th 2016 (United States – Eastern Standard Time (the “Entry Period”). Entries must be received during the Entry Period to be eligible to win. Contestants may enter as many times as they want.
ORGANIZATION OF THE CONTEST
The Contest will be posted via Facebook, which participants will need to like or comment in order to win. To enter the Contest, participants must follow entry instructions (i.e., like or comment) and agree to these General Contest Rules during the Entry Period. SmartSilk is not responsible for entries not received due to difficulty in accessing the Internet, service outages or delays, computer difficulties or other technical issues, or any entries not received within the Entry Period.
DRAWING AND WINNERS
Only participants who like and comment on the giveaway post become entered to be a prize winner. The prize winners will be randomly selected from among all eligible entries received during the Entry Period. The distribution and number of prizes awarded per Entry Period is determined by SmartSilk. Odds of winning depend on the total number of eligible entries received. The prize will be sent to the winner within 60 days of the drawing.
DESCRIPTION OF THE PRIZE
A Smart Silk Pillow will be awarded to the winner. SmartSilk reserves the right to substitute a prize (of equal or greater value) at any time for any reason. The prizes cannot be exchanged for the cash or cash equivalent or be returned to SmartSilk for a refund of the cash value of the prize.
AWARD AND DELIVERY OF PRIZE
Arrangements for the fulfillment of the prize will be made by SmartSilk Receipt of the prize is conditioned upon compliance with any and all applicable laws, rules and regulations. The prize is not transferable, assignable or redeemable for cash. The prize shall not give rise to any claim whatsoever on the part of the prize winner against SmartSilk and cannot be exchanged or replaced for any reason.
SmartSilk reserves the right to suspend, shorten, modify or cancel this Contest or modify these General Contest Rules at any time and for any reason, without liability for compensation to any participant.
ENTRY AND PERSONAL DATA AND PRIVACY STATEMENT By entering this Contest, participant gives SmartSilk all necessary consents in relation to his/her personal data (i.e., participant’s name, email address, photograph, statements and the like) in order for SmartSilk to administer the Contest. Participation in the Contest also constitutes a winner’s consent to SmartSilk use and distribution of such winner’s name, statements and likeness, including photographs, for promotional and advertising purposes via any and all media (including, without limitation, the Internet) without further payment, compensation or other consideration to any such winner. Any participant personal data will otherwise only be used in accordance with current applicable data protection legislation and will not be disclosed to a third party without such participant’s consent.
SmartSilk will not be responsible for reimbursement of Internet costs incurred in connection with the Contest.
SmartSilk does not provide any warranty on the prizes. To the fullest extent allowable by law, SmartSilk specifically disclaims any representations or warranties, express or implied, regarding the prizes, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.
If SmartSilk improperly denies participant any prizes; SmartSilk’s entire liability and participant’s sole and exclusive remedy will be limited to a distribution of the equivalent amount of prizes as set forth above. By participating in the contest, participant waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. By entering the Contest, participants agree to release, discharge, indemnify and hold harmless SmartSilk, including its officers, directors, and employees, from any and all claims, liability, loss, damage or injury, including any third party claims, resulting from participation in the Contest or acceptance, possession, use or misuse of the prize. In no event shall SmartSilk be liable for any incidental, indirect, special or consequential damages whatsoever arising out of or related to participation in this Contest, including without limitation, the use of a computer, internet access, any electronic failures, postal delays or postal and email losses. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law.
ACCEPTANCE OF THESE RULES
By registering for the Contest and/or accepting any Contest prizes, you accept these rules. By participating in this Contest, participant unconditionally agrees to be bound by the terms of these General Contest Rules, and any amendments thereto, and by the decisions of SmartSilk, which are final and binding in all matters relating to this Contest.
These General Contest Rules are governed by the laws of Canada and U.S.A.
FOR QUEBEC RESIDENTS:
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the "Régie") for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.