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Terms and conditions - Simba Valentine Competition (the "Competition")

These Terms and Conditions (“Terms”) apply to the Competition and between individuals who enter the Competition (“You”) and Simba Sleep Limited of Mezzanine Floor, Southside Building, 105 Victoria Street, London, United Kingdom, SW1E 6QT ("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 part of these Terms. In the event of any conflict between any term referred to in such promotional materials and these Terms, these Terms take precedence.

Eligibility and Entry

  1. To validly enter the Competition, participants must be aged at least 18 years old and legally resident within the United Kingdom.

  1. 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.

  1. 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 drawing of the Prize. If the winner is found to be ineligible, Simba reserves the right to award the Prize to another participant and to void any Prize already awarded.

  1. The Competition opens at 12:00 PM GMT on the 31st January 2019 and remains open until 12:01 PM GMT on the 14th February 2019 (the “Competition Window”). In order to enter the Competition, an individual must complete all of the following steps during the Competition Window:

    1. the individual must commence following during the Competition Window and continue to follow for until the conclusion of the Competition Window, by using the “follow” functionality on the Instagram platform, the Instagram page for Simba using their personal Instagram account, at the following handle: @simbasleep;

    1. the individual must “like” the Zed Rooms Competition Instagram post by using the “like” functionality of the Instagram platform during the Competition Window and must continue to “like” the post until the conclusion of the Competition Window;

    1. the individual must “tag” another Instagram user (“the Other User”) in the Zed Rooms Competition Instagram post published by Simba using the “tag” functionality of the Instagram platform during the Competition Window. Note that the individual “tagged” need not be the second beneficiary of the Prize. The Other User must remain tagged until the Competition Window concludes;

  1. 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 in order to select the winner of the Prize (defined below).

  1. Entering the Competition is free of charge; no purchase is necessary. Although You must “follow” @simbasleep on Instagram using your personal Instagram account until not later than when the Competition Window concludes. You can unfollow after the Winner is selected and it will not affect your chances of winning.

  1. Only those entries submitted in accordance with clause 4, by Entrants who are not exempt by reason of clauses 1, 2 or 3 will be accepted and regarded by Simba as valid, and no entries by any other means or by an exempted individual will be accepted or regarded as valid.

  1. The use of any script, macro or any automated system to enter the Prize Draw is prohibited and entries made (or which appear to have been made) using any such system may be treated as void. Any illegible, incomplete or fraudulent entries may be rejected.

  1. Entrants may only submit one valid entry. Where Simba determines that an individual has entered the Competition more than once, whether such determination is made before or after the Prize draw, Simba reserves the right to regard all of that Entrant’s entries as being invalid. In the event that an invalid entry wins the Prize, Simba may re-draw the Prize accordingly.

  1. The Winner may be required to submit such identification as may be specified by Simba (including the form and format of submission), within a limited time before receiving their Prize. Failure by the Winner to submit specified identification to Simba within the timeframe specified may result in the entry being declared invalid by Simba.

Prize Draw

  1. 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 not ineligible and the entry not invalid.

  1. There will be one winner only. The Prize is one 3 night stay for 2 persons in Simba’s luxury serviced apartments (the Zed Rooms) (the “Prize”). Such Prize is provisionally booked in for the weekend of Friday 22nd of February to Monday morning on the 25th February although the Prize may be rearranged to a later date at the Winner’s discretion, subject to the availability of the Zed Rooms. It is the Winner’s sole responsibility to rearrange the Prize for a subsequent date if desired.

  1. The winner will be publicly announced on Simba’s Instagram account (@simbasleep) account on Thursday the 14th February. It is the Winners sole responsibility to contact Simba via the Instagram platform in order to claim the Prize.

  1. The Winner is responsible for paying all associated costs that are not specifically stated in these Terms, whether in redeeming the prize or otherwise, including, but not limited to, any transportation or meal costs but excluding the cost of electricity, gas and water used in the Zed Rooms. The winner is also personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the Prize.

  1. 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, 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.

  1. The Winner of the Competition will be referred to Cuckooz Limited (the provider of the Zedrooms) to claim the Prize. Cuckooz Limited will arrange all aspects of the administration of the Prize, including allocation of dates, sending booking confirmation and handling any enquiries.

  1. If (i) the Winner has not responded to Simba's correspondence by the date specified in the public announcement of the Winner, or (ii) Simba is unable to contact the winner for whatever reason within 7 days of the Prize being awarded, Simba reserves the right to conduct a further random draw to award the Prize to another Entrant.

  1. The provision of the Prize does not imply endorsement by Facebook, Instagram, or any other third parties concerned in any way, with Simba, the Competition or the Prize.

  1. 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.

  1. By entering the Competition, Entrants agree to have their first name, the first letter of their surname, and Instagram handle 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, Mezzanine Southside Building, 105 Victoria Street, London, United Kingdom, SW1E 6QT.

  1. Although the Competition may be featured on Facebook and Instagram, the Competition is in no way sponsored, endorsed, administered by, or associated with, Facebook or Instagram and you agree that Facebook, Instagram and are not liable for any loss or claim associated with the Competition. You are providing information to Simba and not to Facebook or Instagram. The information you provide will only be used for the purposes referred to in clause 23 below.

  1. 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.

Data

  1. 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. Participants' names and other personal details from their entry to the Competition may be collected and stored by Simba and held in accordance with the applicable privacy policy in place from time to time (see https://simbasleep.com/pages/privacy for further information).

Liability

  1. 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 if it 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 makes any decision, no correspondence will be entered into regarding such decision.

  1. 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.

Invalidation

  1. 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 may be rejected from the Prize Draws 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.

Governing Law

  1. 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.