APP FEEDBACK SIMBA HYBRID MATTRESS PRIZE T&CS NEW USERS – JAN. 2023
Simba has invited You, as a new user of the new Simba Sleep Coach App released in January of 2023, to complete a survey to help us better understand the user experience (good or bad) of the new Simba Sleep Coach App, to identify any issues and areas of improvement around the App to better improve the user experience. By completing the Survey, to say thanks, we are offering you the opportunity to enter a Simba Hybrid® Original Mattress Giveaway competition, the details of which are set out below.
If you elect to participate in the survey, responses to the survey will not be associated with your email address – your email address is used only to enter you into the draw to win a Simba Hybrid® Original Mattress.
Providing your email address and entering the draw to win one Simba Hybrid® Original Mattress is not intended to, and will not be treated as, specifically giving Simba consent to use your Personal Information for direct marketing purposes.
Terms and conditions – Simba Hybrid® Sleep Bundle Giveaway (the "Competition")
These Terms and Conditions (“Terms”) apply to the Competition and between individuals who enter the Competition (“You”) and Simba Sleep Limited (Company Number 09703422) of 2 Temple Back, East Temple Quay, Bristol, BS1 6EG ("Simba").
By entering the Competition, you agree to be bound by these Terms. Promotional materials relating to the Competition, including all information on how to enter also form parts of these Terms. In the event of any conflict between any term referred to in such promotional materials and these Terms, these Terms shall take precedence.
Eligibility and Entry
- To be eligible to validly enter the Competition, participants must be aged at least 18 years old and legally resident within the United Kingdom, and You must have received an email from Simba inviting You to take part in this Competition.
- Employees and agents of Simba or any of its subsidiary or affiliated companies and their immediate families and members of their households, and anyone otherwise connected with operation or fulfilment of the Competition are not eligible to take part in the Competition.
- Upon entering the Competition, Simba reserves the right to require participants to prove that they are eligible to enter at any time, including, but not limited to, after the Prize is drawn, to the satisfaction of Simba. If the winner is found to be ineligible whether before or after the Prize is awarded, Simba reserves the right, as applicable, to award the Prize to another participant and to void any Prize already awarded.
- The Competition opens at 14:00 GMT on 4th January 2023 and remains open until 23:59 GMT on 15th February 2023 (the “Competition Window”). In order to enter the Competition, You must complete both accurately and fully, and submit the entry form for the Competition and the Survey, which can be accessed by clicking the following link: https://simbaj.typeform.com/appfeedback
- All individuals who meet the requirements of clauses 1, 2, 3 and 4 (individually an “Entrant”, and collectively, the “Entrants”) will be entered into the Competition’s random Prize draw and have an opportunity to win the Prize (defined below).
- Entering the Competition is free of charge and no purchase is necessary.
- Only those entries submitted in accordance with clause 4, by Entrants who are not excluded in accordance with these Terms, and who are treated as eligible within the meaning of these Terms, will be regarded by Simba as valid, and no entries by any other means or by an excluded individual will be accepted or regarded as valid.
- The use of any script, macro or any automated system or method, to enter the Competition, is prohibited, and entries made (or which, in Simba’s opinion and determined at Simba’s sole discretion, appear to have been made) using any such script, macro or automated system or method, may be treated as void at Simba’s sole discretion. Any illegible, incomplete or fraudulent entries may be rejected or held to be void.
- Entrants may only submit one entry. Where Simba determines that an individual has submitted more than one entry to the Competition, whether such determination is made before or after the Prize draw, Simba reserves the right to regard all of that Entrant’s entries as invalid. In the event that an invalid entry wins the Prize, Simba will not be obliged to deliver the Prize to the Winner who submitted the invalid entry and may re-draw the Prize accordingly as many such times as may be necessary to award the Prize to an Entrant eligible pursuant to these Terms and who complies with these Terms.
- The Winner may be required to submit such identification as may be specified by Simba (including Simba specifying the form and format of submission of such identification), within a limited time specified by Simba before receiving their Prize. Failure by the Winner to submit specified identification to Simba within the timeframe specified by Simba may result in the Prize being void for that Winner and Simba may re-draw the Prize as many such times as may be necessary to award the Prize to an Entrant eligible pursuant to these Terms and who complies with these Terms.
- The Competition will have one Prize draw, and the winner will be the first name chosen at random from all complete, eligible, properly submitted entries which satisfy the requirements set out under Eligibility and Entry above, that are received within the Competition Window, subject to checks made by Simba to ensure that the winner was eligible and that the entry was valid.
- There will be one Winner only. The Prize is: one (1) Hybrid® Mattress of the size of the Winner’s choosing be delivered, to one address within the UK, subject to stock availability.
- The Winner will be contacted via email on the afternoon of 16th February 2023. The Winner must respond not otherwise than in accordance with Clause 17, or the Prize draw will be repeated.
- The Winner must communicate to Simba via email the desired delivery address for the Prize as soon as reasonably practicable. Delivery to UK postcodes other than those set out in 5.1.1 of the Simba Terms (https://simbasleep.com/pages/terms) will be free of charge. Delivery to addresses in UK postcodes set out at 5.1.1 of the Simba Terms will be charged at cost.
- The Winner is responsible for paying all associated costs that are not specifically stated in these Terms, whether in redeeming the prize or otherwise.
- The prize is as stated and is non-exchangeable and non-transferable. There is no cash or other alternative to the Prize offered in whole or in part. By participating in the Competition, all Entrants agree that the Prize is awarded on an "as is" basis, and that neither Simba nor any of its subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the Prize.
- If within 7 days of the prize draw, the Winner has not responded to Simba's correspondence requesting the Winner nominate a delivery address, or if Simba is unable to contact the winner for whatever reason within 7 days of the Prize being drawn, Simba reserves the right to re-draw the Prize as many such times as may be necessary to award the Prize to an Entrant eligible pursuant to these Terms and who complies with these Terms.
- In the event that, for reasons beyond Simba’s reasonable control and not related to the Winner, Simba is unable to award the Prize as described in these Terms, Simba reserves the right, at its sole discretion, to award a prize of a similar nature and an equivalent value, or at its absolute sole discretion, the cash value of the Prize.
- By entering the Competition, Entrants agree to have their full name featured in publicity materials relating to the Competition on platforms including, but not limited to, Instagram, Twitter and Facebook, without further reference, payment or other compensation. This includes making their name as the Winner available on the website. The name of the Winner will also be made available to Entrants and the public on request by sending a letter and stamped addressed envelope to Simba Sleep Limited, 2 Temple Back, Temple Quay, Bristol, BS1 6EG. The Winner may object to Simba disclosing their information generally under this clause, but Simba may still need to provide the Winner’s information to regulatory bodies to prove that a valid award took place to comply with legal or regulatory obligations, including Rule 8.28.5 of the CAP Code
- Simba's decisions in relation to the Winner or administration of the Competition are final and Simba is not obliged to enter into any correspondence with participants unless they have won the Prize.
- Simba will collect and process participants' personal information to the extent necessary in order to conduct the Competition, including for the Prize to be awarded and made available to the Winner.
- Simba reserves, at all times, the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, on any grounds, including but not limited to, where Simba believes the Competition is not capable of being conducted as specified within these Terms or in the event of any virus, a computer bug or unauthorized human intervention, act of nature or any other cause that is beyond the reasonable control of Simba that could corrupt or affect the administration, security, impartiality or normal course of the Competition, or where behaviour or conduct contrary to the spirit of the Competition is detected.
- Neither Simba nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its, or their, control, including, but not limited to, the acts or defaults of any supplier selected by Simba to provide the Prize or otherwise that may cause the Competition to be disrupted or corrupted, or that may lead to loss or damage of the Prize in transit to the winner. Where Simba decides that any of the foregoing circumstances apply, it will be under no obligation to enter into any correspondence regarding such decision.
- Simba will not be responsible for any damage, loss or injury resulting from participants' entry into the Competition or their acceptance and or use of the Prize, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Competition. Simba will not be responsible for and have no obligations in respect of any lost, damaged, defaced, incomplete, illegible or otherwise unreadable entries. Nothing in these Terms shall in any way limit Simba's liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
- Any participant who enters or attempts to enter the Competition in a manner, which in Simba's sole determination is contrary to these Terms or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Competition, cheating, hacking, deception or any other unfair practices such as intending to annoy, abuse, threaten or harass any other entrants or Simba and/or any of its agents or representatives) or any fraudulent entry, notwithstanding any other provision of these Terms, may be rejected from the Prize Draw or declared to be invalid and the entry or Prize declared void at Simba's sole discretion. Furthermore, where such actions have significantly impaired the functioning of the Competition, Simba may, at its sole discretion, add further stages to the Competition as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.
- These Terms are governed by English law. The courts of England and Wales shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Competition or these Terms.