CONTEST NAME – Endy's "Treat Yourself To Better Sleep" Contest (the Contest)

1. CONTEST PERIOD

This Contest is sponsored  by Endy Canada Inc.  (“Sponsor”) and operated solely by Endy Canada Inc.. The Contest begins at 12:01:00 am Eastern Time ("EST") on June 24, 2023 and ends at 11:59:00 pm Pacific Time (“PST”) on July 11, 2023 (the “Contest Period”).  

2. ELIGIBILITY

To be eligible for this Contest, an individual must be a resident of Canada excluding residents of Quebec and be of the age of majority or older in their province of residence at time of entry (“Eligible Person”).  

THE CONTEST IS VOID WHERE PROHIBITED BY LAW, RULE OR REGULATION.

Employees, officers and directors of Endy Canada Inc. and their respective affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and all of their immediate families (i.e. parent, child, sibling or spouse) and persons living in the same households as these individuals (whether related or not) are not eligible to participate in the Contest.

3. HOW TO ENTER

NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, an Eligible Person should either: (i) Sign up for email marketing notifications either on the website pop up at https://www.endy.com/ or at http://endy.com/promos or (ii) Send an entry via post, marked for the attention of the Growth Team at Endy Canada., 800-60 Adelaide St E, Toronto, ON, M5C 3E4, Canada. Any postal entries received outside the Contest Period will automatically be excluded from the Contest. Only one entry per email address is allowed. If it is discovered that a participant attempted to enter more than once during the Contest Period, using one or more accounts, all Entries by this participant will be void. Use of any automated system to submit Entries is prohibited and will result in disqualification.

4. PRIZING AND HOW TO WIN

4.1  PRIZING

Grand Prize: 

• One (1) $500 gift card registered on https://www.giftcards.ca/. The winner will be able to select a vendor of their choice to redeem $500.

Approximate retail value of the contest is $500 hereinafter referred to as “Prize” will be awarded to one (1) winner in accordance with these Rules. Prizes must be accepted as awarded, are non-refundable and non-transferable. The Sponsor reserves the right to substitute a prize of equal or greater value. Endy Canada Inc. is not responsible for administering or ensuring compliance with the terms and conditions of the gift card.

Eligible entries shall only be eligible to win one (1) Prize during the Contest Period.  

4.2   PRIZE DRAW

A total of one (1) winner will be selected from all eligible entries.

The draw for all Prizes will take place on July 12, 2023  at 60 Adelaide St, E., Suite 800 Toronto ON, M5C 3E4 address.

5. RELEASES AND DISCLAMER

By entering the Contest, participants agree to release, discharge and hold harmless Endy Canada Inc. and its parent, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of Prizes. By participating, participants agree to be bound by these Rules, including all eligibility requirements, and to the decisions of Endy Canada Inc. whose decisions are final and binding in all respects. Failure to comply with these Rules may result in disqualification from the Contest.

All federal, provincial and local laws and regulations apply. No responsibility or liability is assumed for any computer, telephone, cable, network, satellite, electronic or hardware or software malfunctions, failures, connections, traffic congestion, labour unrest, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.

Prize Release

If a participant wins a Prize and accepts the Prize, such acceptance shall mean full satisfaction of the entitlement as a participant and winner in the Contest and the participant fully discharges and forever releases Endy Canada Inc. and their respective divisions, subsidiaries, affiliated and related companies and associates, direct or indirect, advertising and promotional agencies, any provincial authorities and all of their respective agents, partners, employees, representatives, shareholders, officers, directors, successors and assigns (collectively, the "Releasees"), of and from any and all claims, demands, losses, damages, actions or causes of action whatsoever, whether known or unknown, whether at law or in equity which they or their heirs, executors, administrators, successors or assigns may now or hereafter have against any of the Releasees in connection with the Prizes.

The participant also acknowledges, without limiting the generality of the foregoing, that the Releasees will not be responsible for any injury, accident, or any other loss, damage or expense in connection with the Prizes including, without limitation, in respect of any medical care or treatment that the Releasees, or any person authorized by any of them, may administer to me in the event of injury or illness in connection with the Prizes. The participant also acknowledges that none of the Releasees has offered any warranty or guarantee respecting the Prizes and that the participant will direct any claims he or she may have relating to the Prizes exclusively to the supplier, manufacturer or originator, as the case may be, of the Prizes.

Further, the participant assumes all responsibility and liability for any loss, injury or damage to any persons or property, which results from the participant’s actions or omissions, whether negligent or otherwise, in connection with the Prizes.

Acceptance of the Prize shall be considered consent for Endy Canada Inc. to use, without further compensation to the participant, name, city of residence, voice, statements and any photograph, film rendering or tape recording of the participant, by or on behalf of Endy Canada Inc.  in connection with the Contest in any form of publication or display including, without limitation, newspapers and other publications, radio and television broadcasts, film releases and interactive media worldwide.

6. HOW TO CLAIM A PRIZE

Selected entrants will be contacted by email within 48 hours at the email address provided in their entry. If the selected entrant cannot be contacted or does not respond after a minimum of three (3) attempts within a 72 hour period of the first attempt at contact, the selected entrant will forfeit the Prize and another entrant will be selected in the manner described above. When a participant is contacted, such person shall have to answer correctly, and without assistance of any kind, a mathematical skill-testing question administered by Endy Canada Inc. staff during a pre-arranged, mutually convenient telephone call. All decisions of Endy Canada Inc. are final and binding.  

Before being awarded a Prize, the selected entrant will be required to sign a declaration and release form stating that he/she has read, understood and complied with these Rules, accepts the Prize as offered with terms and conditions as included by Endy Canada Inc. and releases Endy Canada Inc. and its affiliates, parent, subsidiaries, agencies and the respective officers, directors, employees and agents thereof from any and all liability of any kind arising out of the selected entrant’s participation in this Contest and receipt and use of the Prize as awarded. If the selected entrant does not respond in the prescribed time, fails to claim the Prize, fails to return the signed declaration and release as required or is otherwise ineligible, the Prize may be forfeited and an alternate entrant will be selected in the manner described above.

7. ODDS OF WINNING

Odds of winning depend on the number of eligible entries received.

8. LIMITATION OF LIABILITY

Endy Canada Inc.  will not be responsible for mail, telephone, technical, network, online, electronic, computer hardware or software interruptions or failures of any kind, misdirected, stolen, incomplete, incomprehensible or delayed Internet/e-mail computer transmissions 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 a participant’s or any other person’s computer relating to or resulting from participation or downloading any materials in this Contest.

Endy Canada Inc. accepts no liability arising in respect of such Prizes or in the use thereof.

If for any reason in the opinion of Endy Canada Inc. in its sole discretion, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest is corrupted or adversely affected, including without limitation by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes,  Endy Canada Inc. reserves the right to cancel, terminate, modify or suspend the Contest, including without limitation the cancellation of any method of entry or the extension or modification of the Contest start and end dates. In such circumstances, Endy Canada Inc. reserves the right to randomly select a winner from previously received valid entries.

9. TAX INFORMATION

All federal, provincial, local, and other taxes on the Prizes, if any, are the sole responsibility of the winners.

10. LEGAL WARNING

Any attempt by any individual, whether or not a participant, to damage, destroy, tamper or vandalize the Contest website, or otherwise interfere with the operation of this Contest, is a violation of criminal and civil law and Endy Canada Inc. reserves the right to seek damages and diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.

11. GENERAL INFORMATION

This Contest is conducted in English and any and all disputes will be resolved in the appropriate courts of the Province of Ontario, Canada exclusively, and subject to the laws of Ontario without regard to its conflict of laws principles.

12. LAWS

These are official Contest Rules. This Contest is subject to federal, provincial and municipal laws and regulations. These Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors.

13. TERMINATION

The Sponsor reserves the right to amend, modify, suspend or terminate all or any portion of this Contest at any time for any reason without prior notice.  In such circumstances, Sponsor reserves the right to randomly select a winner from previously received valid entries.

14. SEVERABILITY

If a paragraph of the Rules is declared or judged illegal, unenforceable or invalid by a court of competent jurisdiction, that paragraph will be considered void but all other unaffected paragraphs will be applicable to the extent permitted by law.