v. CA-20250206

 

 

ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED.

1 Sponsor

This Win Back Your Purchase Promotional Sweepstake (Promotion) is sponsored by King Living Inc., 3097 Granville Street, Vancouver, British Columbia, Canada, V6H 3J9 (Sponsor). 

 

2 How To Enter

2.1 This sweepstake will begin at 12.01am PST on Saturday, 8 February 2025 and ends at 11.59pm DST on Sunday 16^th March 2025. (the “Entry Period”).

2.2 To enter this sweepstake, participants will be required to, during the Entry Period:

1. Visit any King Living showroom in Canada or King Living’s Canadian website (https://www.kingliving.ca/); and
2. enter into a binding transaction to purchase a King Living product (Sales Order).

2.3 To the extent there is any inconsistency between these Terms and Conditions and any other reference to the Promotion, these Terms and Conditions will prevail. If you participate in this sweepstake then you are deemed to have accepted and agreed to these Terms and Conditions.

2.4 If you do not wish to participate in this sweepstake, please advise our showroom staff at the time of your transaction.

 

3 Official Rules

Participation in the sweepstake is deemed an acceptance of these Official Rules. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights. The Sponsor reserves their legal rights to recover damages or other compensation from a participant who breaches these Official Rules.

 

4 Eligibility

Open to residents of the provinces and territories of Canada, [excluding the Province of Quebec,] who are over the age of majority in his or her province of residence at the date of their entry, except for employees of Sponsor and any affiliates, subsidiaries, parent and agencies, members of their immediate family or persons living in the same household. Participating retailers and agencies associated with this sweepstake are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. Void where prohibited.

 

5 Drawing and Consumer Disclosure

5.1 One random drawing will be conducted at 11.00am DST on Monday 31^st March 2025 by Sponsor to select the winner from among all eligible entries received. The prize cannot be used or redeemed in conjunction with any other offer.

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

5.3 To be declared a winner, a selected entrant must first correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise.

5.4 The potential winner will be notified via email/telephone (using the contact details provided in conjunction with the entrant’s Sales Order) on or before 10:00am DST on the Tuesday immediately following the date of the draw. The entrant must sign and return any required Affidavit of Eligibility and Release, in the form required by the Sponsor, together with the correct answer to the skill-testing question provided to them, within 5 days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period and/or to provide the correct answer to the skill-testing question will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner.

5.5 By entering this sweepstakes, each participant accepts and agrees to these Official Rules and the decisions of the Sponsor and/or an administrator (collectively, the Sweepstake Parties), which shall be final in all matters. Acceptance of a prize also constitutes permission to the Sweepstake Parties to use the winner's name for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and provincial laws apply.

 

6 Prize

6.1 The winner of the sweepstakes will receive the value of their purchase (as shown on the winning Sales Order) up to a maximum of CAD$5,000, in the form of a refund. For the avoidance of doubt:

1. If the total value of the winner’s purchase (as shown on the winning Sales Order) equals or exceeds CAD$5,000, the amount of CAD$5,000 will be refunded, but the balance of the total order value, as shown on that Sales Order which exceeds CAD$5,000 will not be refunded;
2. If the total value of the winner’s purchase (as shown on the winning Sales Order) is less than CAD$5,000, the total order value, as shown on that Sales Order, will be refunded and the remaining balance of the CAD$5,000 prize value voided.

6.2 Total prize pool value for the Sweepstakes is CAD$5,000 (or less if the value of the winner’s transaction is less than CAD$5,000) including GST:

6.3 The prize is not transferable or exchangeable.

6.4 Prize consists of only those items specifically listed in these Official Rules. No substitution or transfer of prize permitted by winner. Prizes cannot be redeemed for cash, nor sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honored by the Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

 

7 Limitations

By entering this sweepstakes, each participant waives all right to, and holds the Sweepstake Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this sweepstakes or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Sweepstake Parties will not be responsible for: late, incomplete, or incorrect entries; a participant's failure to receive prize notices due to participant's spam, junk e-mail, or other security settings or for participants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this sweepstakes; by any human error which may occur in the processing of the entries in this sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the sweepstakes, or announcement of the prize[s]. If, in the Sweepstake Parties’ opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the sweepstakes, Sponsor reserves the right to, in its sole discretion, cancel or modify this sweepstakes in a manner deemed appropriate by the Sponsor. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning participant, entries will be declared made by the name on the online entry form.

 

8 Miscellaneous Information

8.1 This sweepstake will begin at 12.01am PST on Saturday, 8 February 2025 and ends at 11.59pm DST on Sunday 16th March 2025. (the “Entry Period”).

8.2 By participating in the sweepstakes, entrants agree to be bound by these Official Rules.

8.3 Any entry that contains content that the Sponsor, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Sponsor considers may infringe any intellectual property rights or other rights of any person, corporation or entity will not be accepted as an eligible entry into the sweepstake. This includes but is not limited to any entry which the Sponsor considers to be disparaging of any of its or any prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the sweepstake.

8.4 The potential winner will be notified via email/telephone (using the contact details provided in conjunction with the entrant’s Sales Order) on or before 10:00am DST on the Tuesday immediately following the date of the draw. This offer is subject to all applicable federal, provincial and local laws and regulations and is void wherever prohibited or restricted by law.

 

9 Indemnification

To the extent permitted by law, each participant indemnifies, and must defend and hold harmless, the Sponsor and its employees, servants, agents and contractors, from and against all losses arising from: (i) a breach by the participant of any of these Official Rules; (ii) any third party claim arising directly or indirectly from a breach by the participant of any of these Official Rules; (iii) a negligent, willful or otherwise wrongful act or omission of the participant; (iv) fraudulent or dishonest acts or omissions by the participant; (v) any breach by the participant of any applicable laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the participant entering the sweepstake; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the participant; and (viii) any claim or allegation that the participant’s entry infringes a third party's intellectual property rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.

 

10 Choice of Law and Forum

Participant agrees that all matters arising out of or relating to this sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of British Columbia, without giving effect to any of its conflict of laws provisions thereof. Participant further agrees that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or provincial courts located in Vancouver, British Columbia.

 

11 Privacy

Information submitted with an entry is subject to the Privacy Policy published on our website: kingliving.ca. To read the Privacy Policy, visit: https://www.kingliving.ca/privacy-policy.