PepsiCo Canada ULC – Cheetos Museum – Win a grand prize of $25,000 CAD OR Weekly prizes and Daily prizes
CHEETOS® MUSEUM CONTEST OFFICIAL RULES
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN CANADA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO CANADIAN LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE A LEGAL RESIDENT OF CANADA WHO IS 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE CONTEST SPONSOR AND/OR ITS INDEPENDENT JUDGING AGENCY, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The CHEETOS® Museum Contest (the “CONTEST”) is open to legal residents of Canada, who are 13 years of age or older at the time of entry. You are NOT eligible to participate if you are: (a) an employee, officer, director, representative or agent of PepsiCo Canada ULC (the “CONTEST SPONSOR”), its parent, subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest (collectively, the “CONTEST PARTIES”); (b) a member of the immediate family (spouse, parent, child, sibling, grandparent, and/or “step”) whether related through blood, marriage, common law, civil union or adoption, regardless of where they live) or household (whether related or not), of any of the above individuals.
2. CONTEST PERIOD (I.E. DURATION OF THE CONTEST): The Contest begins at 12:00 PM (noon) Eastern Time (ET) on May 7, 2018 and ends at 11:59:59 PM (ET) July 29, 2018 (the “CONTEST PERIOD”).
3. ENTRY PERIOD (I.E. THE PERIOD DURING WHICH ENTRIES ARE ACCEPTED): The Contest Period consists of eight (8) entry periods (each an “ENTRY PERIOD”) as outlined in the table below. See Rule 5 for additional information on methods of entry.
Start Date / Time
End Date / Time
May 7, 2018 @ 12:00 PM (noon) ET
May 13 @ 11:59:59 PM ET
May 14, 2018 @ 12:00 AM (ET)
May 20, 2018 @ 11:59:59 PM ET
May 21, 2018 @ 12:00 AM (ET)
May 27, 2018 @ 11:59:59 PM ET
May 28, 2018 @ 12:00 AM (ET)
June 3, 2018 @ 11:59:59 PM ET
June 4, 2018 @ 12:00 AM (ET)
June 10, 2018 @ 11:59:59 PM ET
June 11, 2018 @ 12:00 AM (ET)
June 17, 2018 @ 11:59:59 PM ET
June 18, 2018 @ 12:00 AM (ET)
June 24, 2018 @ 11:59:59 PM ET
June 25, 2018 @ 12:00 AM (ET)
July 1, 2018 @ 11:59:59 PM ET
4. VOTING PERIOD (I.E. THE PERIOD DURING WHICH VOTES ARE ACCEPTED): The period in which the public may vote for the Grand Prize winner begins at 12:00 PM (ET) on July 16, 2018 and ends at 11:59:59 PM (ET) on July 29, 2018 (the “VOTING PERIOD”). See Rule 9 for additional information on Contest Voting.
5. HOW TO ENTER: During each Entry Period, the Contest Sponsor invites participants to submit their unique CHEETOS CRUNCHY® shapes via the following methods only. Other methods of entry will not be accepted and may not be acknowledged.
(a)WITH PRODUCT PURCHASE: Take a photo of your uniquely-shaped CHEETOS CRUNCHY® snack (the “PHOTO”). Visit CheetosMuseum.ca (the “CONTEST WEBSITE”), and follow the instructions to submit your Photo (must be a GIF, JPG or PNG file, with a maximum size of 3MB). After uploading your photo, you will be asked to provide your full name, email, province / territory, confirmation of your eligibility status, the name of your shape (may be in English or French, to a maximum of 50 characters), and a description of your shape (may be in English or French, to a maximum 500 characters) (collectively, the “ENTRY”). By submitting your entry you confirm that you are eligible to and will participate according to these Official Rules. If you are under the age of majority in your respective province/territory of residence at the time of entry, you must confirm that you have received permission to enter the contest from your parent or legal guardian. If a prize (as defined in Rule 10) is won by a minor, it will be awarded to the minor’s parent or legal guardian. The parent or legal guardian of such a minor will also be required to ratify the minor’s signed declaration of compliance, release and assignment. Standard message and data rates may apply for participants accessing the Contest Website on their mobile device.TO ENTER WITHOUT MAKING A PURCHASE, SEE (B) BELOW.
The CHEETOS CRUNCHY® snack cannot be altered in any way and the CHEETOS CRUNCHY® Photo may not be manipulated in any way.
IF YOU ARE ENTERING VIA THE PURCHASE METHOD OF ENTRY:
1. SAVE THE ACTUAL CHEETOS CRUNCHY® SNACK APPEARING IN THE PHOTO SUBMITTED AS PART OF YOUR ENTRY; AND
2. TO BE ELIGIBLE TO WIN A WEEKLY PRIZE OR THE GRAND PRIZE, YOU WILL BE REQUIRED TO SEND IN YOUR CHEETOS CRUNCHY® SNACK FOR VERIFICATION.
(b)NO PURCHASE ENTRY: To participate without making a purchase, visit the Contest Website, choose any CHEETOS CRUNCHY® snack and follow the online instructions to submit an Entry (as provided above). Standard message and data rates may apply for participants accessing the Contest Website on their mobile device.
There is a limit of ten (10) Entries (individually, an “Entry”, and collectively, “Entries”) per person per email address per day, regardless of method of entry. In the event that any portion of an Entry contains more than the maximum number of permitted characters, only the maximum specified number of characters will be included and evaluated in that Entry.
In the event of a dispute over the identity of an entrant, the Entry will be considered made by the Registered Owner (as defined in below) of the email address used for entry. “Registered Owner” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization/individual that is responsible for assigning email addresses for the domain associated with the submitted email address.
All Entries become the sole property of the Contest Sponsor and will not be acknowledged or returned. From time to time during the Contest, the Contest Sponsor may feature Entries on the Contest Website and/or in Contest Sponsor’s social media pages and channels, in Contest Sponsor’s sole discretion. Being selected as a featured Entry is unrelated to the Judging Criteria (defined in Rule 7) and does not guarantee selection as a Finalist in the Contest nor does it entitle the featured Entrants to any compensation or prize.
6. ENTRY CONDITIONS: Each Entry must:
(a)Be received and recorded within an Entry Period. The Contest Sponsor’s computer is the official timekeeping device for this Contest.
(b)Be primarily in English and/or French;
(c)Not defame, misrepresent or contain disparaging remarks about the Contest Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Contest Sponsor, as determined by the Contest Sponsor in its sole discretion;
(d)Be suitable for family audiences, including without limitation for display and publication on packaging and national television, as determined by the Contest Sponsor in its sole discretion;
(e)Not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by the Contest Sponsor in its sole discretion;
(f)Not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and
The items identified above in (a) through (f) are collectively referred to as “Entry Conditions”.
The Contest Sponsor reserves the right to review any Entry at any time during the Contest Period for compliance with these Official Rules and the Entry Conditions set out above and to take such action as it deems appropriate, including removing any posted Entry and disqualifying any Entry or entrant in the Contest Sponsor’s sole discretion. Any such review shall not relieve entrants from responsibility for compliance with these Entry Conditions and Official Rules.
If the Contest Sponsor, in its sole discretion, determines the CHEETOS CRUNCHY® snack was altered in any way or the Entry/Photo was manipulated (Photo manipulation, also called “photoshopping” or before the rise of Photoshop software “airbrushing” is the application of image editing techniques to photographs in order to create an illusion or deception after the original photographing took place) in any way, participant may be disqualified, even if he/she was previously announced as a prize recipient.
By entering, you agree as follows: (i) you acknowledge that your Entry may be posted on the Contest Website, in the Contest Sponsor’s sole discretion, although the Contest Sponsor has no obligation to use or post any Entry you submit; (ii) you have the right and authority to, and do hereby, grant to the Contest Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Contest Website; (iii) you waive any and all moral rights that you may have in and to the Entry; and (iv) you agree to release and hold harmless the Contest Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to the Contest Sponsor’s use of the Entry.
By submitting an Entry, you warrant and represent that it: (i) is an original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright (excluding content provided by the Contest Sponsor, if applicable); (ii) has not been previously published; (iii) has not received previous awards; (iv) does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and (v) that publication of the Entry via various media, including without limitation publicly on the Internet, will not infringe the rights of any third party. Entrant agrees to indemnify and hold the Contest Sponsor and the Contest Parties harmless from any claims to the contrary.
7. CONTEST JUDGING: Entries received during each Entry Period will be judged by the Contest Sponsor and/or the Contest Sponsor’s designated agent (the “Judging Panel”). Entries will be judged solely on creativity of CHEETOS CRUNCHY® snack image, name and description (the “Criteria”).
The Entry during each Entry Period that receives the highest score based on the Criteria will be deemed a potential weekly winner (each, a “Weekly Winner”), and provided that he/she has met all of the requirements as stated in Rule 11(ii), will advance to the Finalist Selection. In case of a tie, tied Entries will be re-judged based on the Criteria by a new judge (as determined by the Contest Sponsor, in its sole discretion) to determine the Weekly Winner.
8. FINALIST SELECTION: In order to be eligible as a finalist for the Grand Prize, in addition to meeting all of the requirements stated in Rule 11(ii), each Weekly Winner will be required to send in their original CHEETOS CRUNCHY® snack, as provided in Rule 11(ii). The eight (8) Weekly Winner Entries will be re-judged by the Judging Panel based on the Criteria as stated above to select four (4) finalists. The four (4) Entries receiving the highest score as awarded by the Judging Panel will be deemed a finalist (“Finalist”) and will advance to the Contest Voting portion of the Contest. In case of a tie, tied Entries will be re-judged based on the Criteria by a new judge (as determined by the Contest Sponsor, in its sole discretion) to determine the Finalist.
9. CONTEST VOTING: During the Voting Period, consumers will be able to vote for their favourite Finalist via the Contest Website based on the Criteria as stated in Rule 7. At the Contest Sponsor’s discretion, additional voting platforms may be made available. Check the Contest Website on or after 12:00pm ET on July 16, 2018 for additional information about how to vote.REGARDLESS OF THE NUMBER OF VOTING PLATFORMS, THERE IS A LIMIT OF ONE (1) VOTE PER PERSON PER VOTING PLATFORM PER DAY.Any use of robotic, macro, automated, programmed or similar voting methods will void all such votes. Any attempt in any manner by any person to vote more than the number of times authorized herein or to compensate individuals for engaging in activities online that directly affects an Entry’s votes, shall result in disqualification of all such votes and may result in the disqualification of any involved or suspected to be involved Finalist(s), if applicable, at the Contest Sponsor’s sole discretion.
At the end of the Voting Period, the Finalist receiving the highest number of votes will be declared the Grand Prize winner (the “Grand Prize Winner”) and be eligible to receive the Grand Prize (as defined below). In the event of a tie, the Grand Prize Winner will be determined by selecting the Entry that received the highest combined scores during the Contest from among the tied Entries based on the Criteria. Should a tie still remain, the Contest Sponsor may choose to conduct a random draw from among all tied Finalist Entries.
10. PRIZE DETAILS:
(i)Daily Prizes: There are a total of one hundred and twelve (112) daily prizes available, two (2) available to be won during each day of the Entry Periods. Each daily prize consists of a $100 Amazon.ca gift card (the “Daily Prize”), and will be awarded in the form of a digital code. The Daily Prize is subject to its stated terms and conditions. The total number of Daily Prizes available to be won will diminish as awarded throughout the Contest.Limit one (1) Daily Prize per person for the duration of the Contest. Please allow 4 – 6 weeks following verification for delivery of Daily Prize. Odds of winning a Daily Prize depend on the number of eligible entries received for each draw.
(ii)Weekly Prizes:: There are a total of eight (8) weekly prizes, one (1) available to be won during each Entry Period of the Contest as provided in Rule 3. Each weekly prize consists of two thousand dollars ($2,000 CAD) cash (the “Weekly Prize”), to be awarded in the form of a cheque payable to each Weekly Winner. The total number of Weekly Prizes available to be won will diminish as awarded throughout the Contest. Limit one (1) Weekly Prize per person for the duration of the Contest. Please allow 4 – 6 weeks following verification for delivery of Weekly Prize. Odds of winning a Weekly Prize are based on being selected as a Weekly Prize winner by the Judging Panel.
(iii)Grand Prize:: There is one (1) grand prize available to be won, consisting of twenty-five thousand dollars ($25,000 CAD) cash, to be awarded in the form of a cheque payable to the Grand Prize winner (the “Grand Prize”). Cheque will be delivered to the Grand Prize winner within 4 – 6 weeks of verification. Tax consequences, if any, resulting from the winner’s acceptance of the Grand Prize shall be the sole responsibility of the Grand Prize winner. Odds of winning the Grand Prize are based on being selected as a Finalist by the Judging Panel and the results of a public vote.
Winners must accept prize as awarded by the Contest Sponsor or prize will be forfeited and awarded to an alternate entrant, at the Contest Sponsor’s sole discretion. Prizes cannot be transferred or substituted, except at the Contest Sponsor’s sole discretion. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, the Contest Sponsor reserves the right to substitute prize with another prize of equal or greater value.
(i)Daily Prize:: On each of the Draw Dates outlined in the table below, two (2) entries will be randomly selected from among all eligible entries received during each Calendar Day in the Contest as eligible to win a Daily Prize (the “Daily Prize Draw”). For the purposes of these rules, a calendar day is any period within the Contest beginning at 12:00 am ET (i.e. midnight) and ending at 11:59:59 pm ET, except for the first calendar day of the Contest which begins at 12:00 pm (noon) ET.
Calendar Days in Contest Period Draw Dates
May 7 to May 13 May 15
May 14 to May 20 May 22
May 21 to May 27 May 29
May 28 to June 3 June 5
June 4 to June 10 June 12
June 11 to June 17 June 19
June 18 to June 24 June 26
June 25 to July 1 July 3
All draws will take place at 2:00 pm ET at 5511 Steeles Avenue West, Suite 200, Toronto, ON. The odds of winning a Daily Prize depend on the total number of eligible entries received for each draw. In the event that there are no entries received for any Daily Prize during the Contest, that Daily Draw will not be conducted and that Daily Prize will not be awarded.If you are selected as eligible to win a Daily Prize, you will be notified by email within three (3) business days following the draw (the “Daily Prize Notification”). In order to be declared a winner, a potential winner must: (i) respond to correspondence from the Contest Sponsor’s designated agent within five (5) business days of Daily Prize Notification; (ii) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, the required mathematical skill-testing question; (iii) sign (and, if a minor, have their parent/legal guardian ratify) a Prize claim form and release of liability releasing the Contest Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of any Prize or any portion thereof and return to the Contest Sponsor’s designated agent by fax or email within five (5) business days of receipt of the Prize claim form and release of liability; and (iv) otherwise comply with these Rules. If a potential Daily Prize winner fails to meet any of these requirements, he/she may be disqualified and forfeit the Daily Prize. The Contest Sponsor may then, at its sole and absolute discretion, select by random draw another eligible entrant whom the Contest Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner. The Contest Sponsor will not be responsible for failed attempts to notify any potential Daily Prize winner. Please allow two (2) weeks for the shipping of Daily Prize.No responsibility is assumed by the Contest Sponsor for Daily Prizes after they have been shipped, and each winner bears all risk of loss or damages to his/her Daily Prize after shipping. The Contest Sponsor makes no representations, warranties or conditions of any kind concerning the appearance, safety or performance of any Daily Prize. Unclaimed Daily Prizes will not be awarded.
(ii)Weekly Prize: If you are selected as eligible to win a Weekly Prize, you will be notified by email within one (1) business day following selection (the “Weekly Prize Notification”). In order to be declared a Weekly Prize winner and advance to the Finalist Selection (as provided in Rule 8), a potential winner must:
a) respond to correspondence from the Contest Sponsor’s designated agent within forty-eight (48) hours of the Weekly Prize Notification;
b) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone;
c) sign (or, if a minor, have their parent/legal guardian sign) and return a Declaration, Release and Assignment to the Contest Sponsor’s designated agent by fax or email within forty-eight (48) hours of receipt that (a) confirms compliance with the Official Rules, (b) confirms that the selected entrant will keep strictly confidential until July 16, 2018 or, if notified by the Contest Sponsor in writing, another date and time during the Contest Period, the fact that entrant has been selected as a Finalist in the Contest, (c) irrevocably assigns and grants, on behalf of the Weekly Winner, him- or herself and his/her heirs, executors, administrators, successors and assigns, to the Contest Sponsor the exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide right, title and interest in and to the Entry, including without limitation all copyright, and the right to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation, all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Contest Website, product packaging, and social platform, whether in association with his/her name or otherwise, (d) waives any and all moral rights that he or she may have in and to the Entry, and (e) releases the Contest Parties from any and all liability in connection with the Contest or the acceptance, awarding, use or misuse of any prize (the “Release Form”);
d) furnish proof of identification, in the form of a drivers’ license or other form of government-issued photo identification.
If the Contest Sponsor is unable to reach the selected entrant within the time given, attempted notification is returned as undeliverable, selected entrant defames, misrepresents or makes disparaging remarks about the Contest Sponsor or any of its products, or communicates messages inconsistent with the positive images and/or goodwill associated with the Contest Sponsor, as determined by the Contest Sponsor in its sole discretion, or if selected entrant fails to: (i) return to the Contest Sponsor a duly completed Release Form by the required deadline; (ii) correctly answer the mathematical skill-testing question; (iii) accept the Weekly Prize and/or Grand Prize as awarded; (iv) keep the entrant’s selection as a potential Finalist or the potential Grand Prize Winner and other information about the Contest strictly confidential until permitted by the Contest Sponsor; or, (v) otherwise comply with these Official Rules, the selected entrant may be disqualified and the next highest scoring entrant may be selected who will be subject to disqualification in the same manner, at the Contest Sponsor’s sole discretion and provided sufficient time remains. If an entrant is disqualified, he/she forfeits the chance to win both the Weekly Prize and the Grand Prize. Should a winner make any false statement(s) to the Contest Sponsor, or is otherwise found to have engaged in conduct contrary to these Official Rules, the Winner may be required to promptly return to the Contest Sponsor his/her prize.
In addition to the above, in order to be considered for the Finalist Selection and Grand Prize, if you participated in the Contest via a method of entry in which you purchased your CHEETOS CRUNCHY® snack used in the Entry, upon receipt and verification of your Release, the Contest Sponsor’s designated agent will send you a box and instructions (together, the “Box”) on how to carefully package and ship your CHEETOS CRUNCHY® snack using a delivery service paid for by Sponsor. The CHEETOS CRUNCHY® snack you send in must be the same CHEETOS CRUNCHY® snack appearing in your winning Entry/Photo and must be returned within the time limits detailed below. All submitted CHEETOS CRUNCHY® snacks become the property of the Contest Sponsor and will not be returned.
• For Entry Periods 1 through 6: Your CHEETOS CRUNCHY® snack submission must be received by the Panel within seven (7) calendar days of the delivery date of the Box at your residence (as documented by the shipping company).
• For Entry Periods 7 and 8: Your CHEETOS CRUNCHY® snack submission must be received by the Panel within three (3) calendar days of the delivery date of the Box at your residence (as documented by the shipping company).
If a potential Weekly Prize winner fails to meet any of these requirements, he/she may be disqualified and forfeit the Weekly Prize. The Contest Sponsor may then, at its sole and absolute discretion, select the next highest scoring Weekly Winner as provided in Rule 7, whom the Contest Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner. The Contest Sponsor will not be responsible for failed attempts to notify any potential Weekly Prize winner. For your protection, it is suggested that you send in your CHEETOS CRUNCHY® snack exactly as instructed and keep photos of your CHEETOS CRUNCHY® snack and you packing the Box for your records.
The Contest Sponsor is not responsible for suspended or discontinued wireless or Internet service which may result in a potential Weekly Prize winner not receiving an initial prize notification; nor is the Contest Sponsor responsible for any change in participant’s email address, mailing address or phone number or a delay in the delivery of the Box needed to return the CHEETOS CRUNCHY® snack. If (i) an attempted notification is returned as undeliverable, (ii) a potential Weekly Prize winner cannot be verified, (iii) any required documents or Boxes with CHEETOS CRUNCNY® snacks are not received by the Contest Sponsor within the required timeframe, or (iv) a potential Weekly Winner or the Grand Prize winner is otherwise unable to accept the prize as stated, the applicable prize may be forfeited, in the Contest Sponsor’s sole discretion. If any prize is returned as undeliverable, prize will be forfeited and the Contest Sponsor shall have no further liability to award that prize.
(iii)Finalist Notification: Finalists will be notified between July 9, 2018 and July 13, 2018 by telephone or email at the telephone number or email address provided at the time of Entry by the Contest Sponsor or its designated agent, or at a later date in the event that the Contest Sponsor is unable to contact a selected entrant.
12. RIGHT TO SUSPEND/MODIFY/TERMINATE: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Contest Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to the province of Quebec, and disqualify any individual who is responsible for such action. If terminated, subject to the permission of the Régie, the Contest Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to time of such action using the procedures outlined herein.
13. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Contest Sponsor or the Contest Parties resulting from entrant’s participation in or attempt to participate in the Contest, ability or inability to upload or download any information in connection with the Contest, or from the disruption of third party services such as mail delivery. No responsibility or liability is assumed by the Contest Sponsor or the Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Contest Website in whole or in part for any reason; traffic congestion on the Internet or the Contest Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Sponsor and the Contest Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Contest-related materials. Use of the Contest Website is at user’s own risk. The Contest Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer or video equipment resulting from participation in the Contest.
By participating in the Contest, entrants agree: (i) to release the Contest Sponsor and the Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest, including any claim that any of the Contest Sponsor’s future products is similar to, based upon, or infringes on the entrant’s Entry; (ii) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (iii) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs.
By accepting any prize, recipient agrees that the Contest Sponsor, the Contest Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by Winner against any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any prize. The Contest Sponsor and the Contest Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, labour disruption, acts of war or terrorism, or any other condition beyond their control.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST WEBSITE, OR OTHERWISE INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By accepting a prize, Winners consent to the publication and use of their name, address (city, province), voice, statements, photographs, image and/or likeness in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, point of sale materials, radio, television, product packaging and on the Internet for any purpose in connection with the Contest including, without limitation, for the purposes of advertising and trade, and promoting the Contest Sponsor and its products and services, without further notice or compensation.
15. GENERAL CONDITIONS: This Contest is offered only in Canada and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws in effect in the Province of Ontario, without giving effect to any choice of law or conflict of law rules.
Any waiver of any obligation hereunder by the Contest Sponsor does not constitute a general waiver of any obligation to entrants.
16. 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.