PepsiCo Canada & Nestle Canada – Win a Super Bowl LII Party for up to 40 guests valued at $15,000
OFFICIAL CONTEST RULES
SPONSOR/ADMINISTRATOR.
The sponsors of this Contest are PepsiCo Canada ULC, Nestlé Canada Inc., and Labatt Brewing Company Limited (the “Contest Sponsors”) and the administrator of this contest is Elite Digital Inc. (the “Administrator”).
ELIGIBILITY.
The Contest is open to legal residents of Canada, who have reached the age of majority in their province/territory of residence. The Contest is not open to employees, representatives and agents of the Contest Sponsors, the Administrator, the NFL Entities (defined in Section 17 below), or their respective divisions, subsidiaries, affiliates, franchisees, shareholders, members, officers, directors, representatives, agents, advertising and promotion agencies, or Prize suppliers (collectively, the “Contest Parties”), or members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) of persons domiciled with (whether related or not), any of the above.
CONTEST PERIOD.
The Contest will begin on January 4, 2018 at 10:00:01 AM Eastern Time (“ET”) and will end at 10:00:59 PM ET on January 21, 2018 (the “Contest Period”). No entries will be accepted outside of the Contest Period.
HOW TO ENTER.
No purchase necessary. Simply visit Getreadyforgameday.com and enter your full name, phone number or email address, province/territory, and confirm that you have read, understood and accept these Rules. Limit one (1) entry per person per email address per day.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC., Twitter Inc., and Facebook Inc. (collectively, “Social Media Platforms”) Information is being provided to the Sponsor (defined below), not to Social Media Platforms. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Social Media Platform. Your participation in this Contest must at all times comply with all applications.
PRIZE
(i) Grand Prize: There is one (1) Grand Prize (the “Grand Prize”) available to be won, consisting of the following:
The “Super Bowl LII Party” for up to forty (40) guests (the “Party”), to be held at the winner’s place of residence on February 4, 2018 between 4:00 PM and 11:00 PM, local time of the winner’s residence, exclusive of set-up and tear-down time. The Party will include a turnkey set-up, consisting of; (1) various football and event related signage and décor, football related games and prizes, transportation from the Party, a photo experience, food, beverages, complete with on-site preparation and service staff, and pre-paid credit cards totaling one thousand dollars (CAD$1,000) (the “Prize”). The Sponsors will arrange for all food and beverages to be served at the Party, and all games and experiences will be led by on-site staff provided by the Sponsors. Alcohol is not part of the prize. No additional accessories will be supplied. In the eventuality that the Prize may have a warranty, the Winner acknowledges that the only warranty applicable to the prize is the normal warranty from the manufacturer. Guests of the winner (or the parent or legal guardian of minor guests) must sign an Event Participation and Publicity Release. The Contest Sponsors reserve the right, in their sole and absolute discretion, to alter, substitute or modify the Grand Prize or any Prize (or any component thereof) without prior notice for any reason. The Sponsors and/or their agents reserve the right to assess the winner’s residence to determine the suitability of same with respect to the Party. If, for any reason, the Sponsors (in their sole discretion) determine that the winner’s residence is not suitable to host the Party as described, Sponsors will make best efforts to provide alternative arrangements, including but not limited to, hosting the Party at a site other than the winner’s residence. In such event, return ground transportation will be arranged for the winner and up to a maximum of 40 guests to the alternate venue.
Approximate retail value of the Grand Prize is fifteen thousand dollars ($15,000) CAD. Any difference between the actual and approximate retail value of the Grand Prize will not be awarded. The Grand Prize may not be exactly as shown in Contest promotional materials.
The Grand Prize includes only those elements specifically described above. The Party does not include any costs related to electricity/hydro use or cable services, which are the sole responsibility of the Grand Prize winner. The Grand Prize winner and his/her guests shall be responsible for any other costs that are reasonably determined by the Contest Sponsors prior to the Party. Any and all other expenses not expressly provided herein, are the sole responsibility of the Grand Prize winner. If, for any reason, the Party (or element of thereof) does not occur, that portion of the Grand Prize will be forfeited without additional compensation and remainder of the Grand Prize will be awarded in full satisfaction to the Grand Prize award.
The Grand Prize winner must ensure that no local or city occupancy code maximums, fire restrictions or other by-laws or legal restrictions will be violated by holding the Party at the winner’s place of residence, and, where the potential Grand Prize winner is not the registered owner of his/her place of residence, must also provide to the Contest Sponsor the registered owner’s written consent to the Grand Prize winner authorizing the Party, in form and substance satisfactory to the Contest Sponsor, prior to the Party. The number of guests allowed at the Party may be decreased, at the Contest Sponsor’s sole and absolute discretion, in the event the total number of guests present at the Party would, in the view of the Contest Sponsor, violate any local or city occupancy code maximums, fire restrictions or other by-laws or legal restrictions.
The Grand Prize winner and all guests need to comply with hosting protocol established by the Contest Sponsor governing the behaviour of the Grand Prize winner and guests. The Grand Prize winner must supply a guest list to the Contest Sponsors at least two (2) business days in advance of the Party. The Grand Prize winner and all guests (and/or the parent or legal guardian of any guest under the age of majority) will be required to sign the Contest Sponsor’s form of Release and Acknowledgement prior to the Party, and all executed documents must be received by the Contest Sponsor no later than 5:00 p.m., two (2) business days prior to the Party. If the Contest Sponsor or its authorized representative, determine at any time that the Grand Prize winner is not complying with the conditions and protocols described in these Rules, the Party may be terminated immediately. The Contest Sponsor or its authorized representative will have final and absolute right to determine what behaviour and activity is acceptable at the Party, and may terminate the Party at any time.
SELECTION OF WINNERS
On January 22, 2018, at approximately 9:00 AM ET, a random draw will be conducted by the Contest Sponsors or the Contest Sponsors’ authorized representative from among all eligible entries received during the Contest Period to select one (1) eligible Grand Prize winner. Odds of winning the Grand Prize depend on the total number of eligible entries received up to and including January 21, 2018. The Grand Prize must be accepted as awarded, cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsors, who reserve the right for any reason to award or substitute the Grand Prize, or part thereof, of equal or greater value, including without limitation, a cash award.
The Grand Prize winner must correctly answer a mathematical skill-testing question and sign and return the Contest Sponsors’ form of the Winner’s Declaration, Release and Indemnity prior to awarding of the Grand Prize. All guests will be required to sign a waiver and release.
NOTIFICATION AND HOW TO CLAIM THE GRAND PRIZE.
The potential Grand Prize winner will be notified by text, telephone or email at the contact information provided in the entry. This notification (the “Notification”) will occur within two (2) business days after the Grand Prize draw is completed, or as soon as reasonably possible thereafter. It is the entrant’s responsibility to provide valid contact information to ensure prompt receipt of any Notification. THE POTENTIAL GRAND PRIZE WINNER WILL HAVE TWO (2) BUSINESS DAY FROM THE DATE OF THE NOTIFICATION (NOTIFICATION DELIVERED VIA TEXT, EMAIL, TELEPHONE CONVERSATION OR BY LEAVING A VOICEMAIL, REGARDLESS OF WHEN IT IS RECEIVED) TO DO THE FOLLOWING:
The potential winner must claim his/her Grand Prize as instructed in the Notification;
The potential winner will be required to correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, at a time to be mutually agreed upon;
The potential winner must accept the terms of a Declaration of Compliance and Release (the “Release”), which confirms compliance with these Rules and releases the Contest Parties from all liability with respect to the entrant’s participation in this Contest and the awarding, use and misuse of the Grand Prize;
The potential winner may be required to furnish proof of identification that may include a driver’s license or other form of picture identification as part of the verification process.
If the potential Grand Prize winner does not respond to the Notification within the timeframe set out above, is found to be ineligible for any reason, or declines to accept the Grand Prize, the Grand Prize will be forfeited, and the Contest Sponsors may, at their sole discretion, select one (1) alternate potential Grand Prize Winner subject to the same terms set out above. If a Grand Prize winner cannot be verified, the Grand Prize will not be awarded.
ADDITIONAL CONDITIONS OF PARTICIPATION.
By participating in this Contest, entrant accepts and agrees to these Rules and all decisions of the Contest Sponsors, which shall be final and legally binding on entrant in all matters relating to this Contest. All entries become the property of the Contest Sponsors and will not be returned. In order to be confirmed a winner and receive a Grand Prize or Daily Prize, any selected entrant will be required to sign the Contest Sponsors’ Declaration of Compliance and Release form which confirms compliance with these Rules and releases the Contest Sponsors, Contest Administrator, the NFL Entities , and their respective affiliated companies, agencies, Administrator, Contest Prize suppliers and their respective officers, directors, employees and agents from all liability with respect to the entrant’s participation in this Contest and the awarding, use/misuse of the Grand Prize or Daily Prize. Each Grand Prize winner and guests of Grand Prize winner (subject to applicable releases) agree to the use of his/her name, image, likeness, persona, and city/province of residence for publicity purposes, and grants to the Contest Sponsors, any and all rights to said use without further notice or compensation. The Contest Sponsors, Contest Administrator and their respective affiliates are not responsible for printing, technical errors, distribution, or production errors. The Contest Parties do not warrant that access to or use of the Contest will be uninterrupted or error-free.
Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, the Contest Sponsors reserve the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of these activities may be disqualified and will forfeit the Grand Prize.
All entrants should be aware of and not violate the rules posted by the respective Social Media Platforms, including but not limited to the creation of multiple accounts for re-entry, posting duplicate or near duplicate links or irrelevant hashtags, may be a violation of such rules and may lead to suspension of all accounts.
LIMITATION OF LIABILITY
By entering this Contest, the winner acknowledges and agrees that each of the Contest Parties, Social Media Platforms, and Loblaws Inc.;
(i) shall have no liability of any kind whatsoever with respect to this Contest and/or the awarding, use or misuse of any Grand Prize (ii) make no warranty, guaranty or representation of any kind concerning any Grand Prize, (iii) disclaim any implied warranty, and (iv) are not liable for injury, loss or damage of any kind resulting from the entrant’s acceptance, use or misuse of any Grand Prize or otherwise from such entrant’s participation in this Contest. The Contest Parties are not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to errors in advertising, the Rules, the selection and announcement of winners, or the distribution of the Prizes.
INDEMNIFICATION
By submitting an entry, entrant agrees to indemnify and hold harmless each of the Contest Parties, and Loblaws Inc., from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees) which may arise out of any breach of any of covenants, agreements, terms, obligations, representations or warranties set forth herein or in any related document in which entrant the contest sponsor have entered into in connection with the Contest
RIGHT TO TERMINATE, MODIFY OR SUSPEND.
The Contest Sponsors may at any time, at their sole discretion and without liability, terminate, modify or suspend the Contest in whole or in part, subject only to approvals required by law, if fraud, technical failures or communications or any other errors or other causes beyond the control of the Contest Sponsors or Contest Administrator corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Rules. Contest Sponsors also reserve the right to modify any aspect of the Party, and reserves the right to deny entrance to any guest. Without restricting the generality of the foregoing, in the event of early termination of the Contest, a notice will be posted at Getreadyforgameday.com to that effect. In addition, for the purposes of determining eligibility to win a Prize in the event of early termination of the Contest, all eligible entries received prior to the time of early termination will be considered as valid and for the purposes of these Rules, the Contest Period will be deemed to have ended at the moment of early termination. The Contest Sponsors reserve the right, at any time, in their sole discretion, to correct any errors, including without limitation, any typographical, printing, computer programming or operator errors. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. If any provision of these Rules is found to be invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver on the part of the Contest Sponsors to enforce of any term herein shall be deemed a continuing waiver or a waiver of any other term.
Proof of sending (regardless of method) is not proof of receipt by the Contest Sponsor or Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Contest Sponsors and Administrator are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Contest Sponsors’ or Administrator’s reasonable control; all of which will be disqualified.
QUEBEC RESIDENTS ONLY:
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux 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. Any applicable decision to be made by the Contest Sponsors affecting the conduct of this Contest are subject to a ruling of the Régie des alcools, des courses et des jeux.
GOVERNING LAW.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
CONFLICTS/DISCREPANCIES:
This Contest is subject to all applicable, federal, provincial and municipal laws. In the event of any discrepancies between the English language Rules and the non-English language Rules, the English Rules shall prevail. In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.
INVALIDITY:
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
PERSONAL INFORMATION.
Unless you specifically select otherwise, the personal information gathered about entrants in the course of this Contest will be used solely by the Contest Sponsors or their designated agent for the administration of the Contest and in connection with any publicity relating to the Contest. For more information about how the Contest Sponsors manage your personal information, see the Contest Sponsors’ Privacy Policy available at their respective websites:
http://pepsico.ca/en/Privacy-Policy.html;
https://www.corporate.nestle.ca/en/privacy
http://www.labatt.com/legal/lbc_eng_privacy.htm.
NFL:
All entrants agree to release the National Football League and its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., and each of their respective direct and indirect subsidiaries and affiliates, and each of their respective shareholders, members, partners, affiliates, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) from and against any injuries, losses, damages, claims, actions, and liabilities of any kind resulting or arising from participation in this contest and/or acceptance, possession, use, misuse or non-use of any prize (including any travel or travel-related activity). THE NFL ENTITIES HAVE NOT OFFERED OR SPONSORED THIS CONTEST IN ANYWAY.
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