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TOSTITOS® GET TOGETHER TO WIN CONTEST (the “Contest”)

OFFICIAL RULES (the “Rules”)

 

THIS PROMOTION IS INTENDED FOR PLAY IN CANADA ONLY AND WILL BE GOVERNED BY CANADIAN LAW.  DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND RESIDE IN CANADA AT THE TIME OF PARTICIPATION.

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  VOID WHERE PROHIBITED. BY PARTICIPATING IN THE PROMOTION, PARTICIPANT AGREES TO BE BOUND BY THESE RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.

 

  1. ELIGIBILITY:  The Contest is open to residents of Canada only, who are age of majority or older in their province/territory of residence at the time of entry.  The following persons are not eligible to participate: employees, contractors, directors, officers, representatives or agents of PepsiCo Canada ULC (“Sponsor”), BAM Strategy (“Administrator”) and their respective parent, subsidiary and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence).

 

  1. CONTEST PERIOD: The Contest begins at 12:00 pm (noon) Eastern Time (ET) on December 30, 2019 and ends at 11:59:59 pm (ET) on February 29, 2020 (the “Contest Period”).  The computer of the Sponsor’s Administrator is the official time-keeping device of the Contest.

 

  1. HOW TO ENTER:  To enter, visit the Contest page at www.WinWithTostitos.ca (the “Contest Website”) during the Contest Period.  Follow the instructions on the entry form to enter the 12-digit UPC from a participating product package (as defined below), along with your email address, first name, last name and postal code.  To enter, you will be required to confirm your eligibility status and that you have read, understood and agreed to be bound by these Rules. Once you have completed the above, click the “Submit” button to submit your UPC to determine if you are eligible to be an instant winner of a prize (as defined in Rule 5).

 

  • If you are not eligible to win an Instant Win Prize (as defined in Rule 5), you will be automatically entered into the random draw for a chance to win a Grand Prize (as defined in Rule 5).

 

  • If you are eligible to win an Instant Win Prize, you will be notified by an on-screen message indicating the Instant Prize you are eligible to win and that you will be contacted within three business (3) days at the email provided on the entry form with details on how to claim your Instant Win Prize.  You will also be automatically entered into the random draw for a chance to win a Grand Prize.

 

Participating products: Tostitos® tortilla chips (90 g – 505 g, any flavour/variety), Tostitos® salsa (100 mL – 645 mL, any flavour) and Tostitos® dips (103 g – 432 g).  Not all products and package sizes are available in all areas.

 

NO PURCHASE NECESSARY. If you wish to enter without purchase, please use the following UPC: 850142621437.  Although online access and an email account are required in order to participate in the Contest, no purchase is required; many public libraries, Internet cafés, retail businesses and others offer access to the Internet and a number of Internet service providers and other companies offer free email accounts.

 

There is a limit of seven (7) entries per individual and per email address per week during the Contest Period.  A UPC may be used more than once.  Only one (1) email address may be used by any person to participate in the Contest.  Duplication may result in disqualification.  Multiple participants may not share the same email address.  A potential winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the email address associated with the eligible participant.  Participants may not register/enter with multiple email addresses, nor may participants use any other device to register/enter under multiple identities. Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any prize won, in the Sponsor's sole discretion.  All entries must be received by 11:59:59 pm ET on February 29, 2020 (the “Contest Close Date”).  Entries received after the Contest Close Date are void. 

 

If you participate via a mobile device, you may incur standard data charges from your wireless service provider.  Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such data charges.  

 

  1. HOW TO WIN:  There are two (2) ways you could be selected as eligible to win a prize:

 

  1. By entering a UPC as outlined in Rule 3.  Randomly selected dates / times during each week of the Contest Period will be chosen by the Administrator, and the first participant who enters a UPC in accordance with these Rules, whose UPC is properly received and recorded by the Administrator's computer on or immediately after a randomly selected date / time each week during the Contest Period, will be selected as eligible to win an Instant Win Prize (subject to verification).  All UPCs must be properly received and recorded within the Contest Period in order to be eligible to win a prize. Odds of winning an Instant Win Prize depend on the order in which UPCs are received. You will be notified immediately if you are eligible to win through an on-screen message. If you see a message indicating that you are eligible to win, you will be contacted by email within three (3) business days with details on how to claim your Prize.

 

  1. By registering for the random draw that will be conducted on Tuesday, March 3, 2020 at 2:00 pm ET at 4810 Rue Jean-Talon O, #203, Montreal, QC from among all eligible entries received during the Contest Period to select three (3) entries eligible to win a Grand Prize.  The entrants selected as eligible to win will be notified by email within three (3) business days following the draw (the “Notification”).  The odds of winning a Grand Prize depend on the total number of eligible entries received during the Contest Period.  Please see Rule 5 for full prize details.

 

  1. PRIZES:

 

i) Instant Win:  The Instant Win Prizes provided below are available to be won each week during the Contest Period (each, an “Instant Win Prize”).

a) TOSTITOS CHIPS AND DIP FOR A YEAR: There are six (6) “Tostitos Chips and Dip for a Year” Instant Win Prizes available to be won each week during the Contest Period.  Each “Tostitos Chips and Dip for a Year” Instant Win Prize consists of one hundred and four (104) free product coupons redeemable for a bag of TOSTITOS® tortilla chips and a jar of TOSTITOS® salsa/dip. Approximate retail value of each prize is $404 CAD.

b)HOME STREAMING ENTERTAINMENT PACKAGE:  There are six (6) “Home Streaming Entertainment Packages” Instant Win Prizes available to be won each week during the Contest Period.  Each “Home Streaming Entertainment Package” Instant Win Prize consists of one (1) Apple TV HD 32G console and a $100 Crave TV gift card.  Approximate retail value of each prize is $336 CAD.

 

Week

Start

End

1

December 30, 2019 @ 12:00 pm ET

January 5, 2020 @ 11:59:59 pm ET

2

January 6 @ 12:00 am ET

January 12 @ 11:59:59 pm ET

3

January 13 @ 12:00 am ET

January 19 @ 11:59:59 pm ET

4

January 20 @ 12:00 am ET

January 26 @ 11:59:59 pm ET

5

January 27 @ 12:00 am ET

February 2 @ 11:59:59 pm ET

6

February 3 @ 12:00 am ET

February 9 @ 11:59:59 pm ET

7

February 10 @ 12:00 am ET

February 16 @ 11:59:59 pm ET

8

February 17 @ 12:00 am ET

February 23 @ 11:59:59 pm ET

9

February 24 @ 12:00 am ET

February 29 @ 11:59:59 pm ET

 

The total number of Instant Win Prizes available to be won will diminish as awarded throughout the Contest Period.  Please allow four (4) to six (6) weeks following verification for delivery of Instant Win Prize.

 

Instant Win Prizes must be accepted as awarded and cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Sponsor, which may award a substitute prize of equal or greater value.  

 

ii) GRAND PRIZE.  There are three (3) grand prizes available to be won, each consisting of a $10,000 CAD Wayfair shopping credit (the “Grand Prize”).  The Grand Prize will be awarded in the form of an electronic gift card.  The Grand Prize must be accepted as awarded and cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Sponsor, which may award a substitute prize of equal or greater value.  Wayfair shopping credit is subject to its stated terms.

 

Instant Win Prizes and Grand Prize may be collectively referred to as “Prizes”.

 

  1. HOW TO CLAIM A PRIZE:

 

a) Instant Win:  If you are selected as eligible to win an Instant Win Prize, to be declared a winner, the selected entrant must: 

i) respond to correspondence from the Sponsor’s designated agent within three (3) business days of Instant Win Prize Notification;

ii) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, the required time-limited mathematical skill-testing question to be administered by the Sponsor’s designated agent at a mutually agreeable time;

iii) sign a form of declaration and compliance 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 Sponsor’s designated agent by fax or email within five (5) business days of receipt of the declaration of compliance and release of liability; and 

iv) otherwise comply with these Rules.

 

If a potential Instant Win Prize winner fails to meet any of these requirements, he/she may be disqualified and forfeit the Instant Win Prize.  The Sponsor will not be responsible for failed attempts to notify any potential Instant Win Prize winner. No responsibility is assumed by the Sponsor for Instant Win Prizes after they have been shipped, and each winner bears all risk of loss or damages to his/her Instant Win Prize after shipping.  The Sponsor makes no representations, warranties or conditions of any kind concerning the appearance, safety or performance of any Instant Win Prize. Unclaimed Instant Win Prizes will not be awarded.

 

b) Grand Prize:  If you are selected as eligible to win the Grand Prize, you will be notified by email within three (3) business days following the draw (the “Grand Prize Notification”).  In order to be declared a winner, a potential winner must: 

 

i) respond to the Grand Prize Notification from the Sponsor’s designated agent within five (5) business days of Sponsor’s Grand Prize Notification; 

ii) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a required time-limited mathematical skill-testing question to be administered by the Sponsor’s designated agent at a mutually agreeable time; 

iii) sign a form of declaration of compliance 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 Sponsor’s designated agent by fax or email within five (5) business days of receipt of the declaration of compliance and release of liability; and 

iv) otherwise comply with these Rules.  

 

If a potential Grand Prize winner fails to meet any of these requirements, he/she will be disqualified and forfeit the Grand Prize.  The Sponsor may then, at its sole and absolute discretion, select by random draw another eligible entrant whom the Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner.  The potential winner may be required to furnish proof of identification that may include a driver’s license or other form of photo identification as part of the verification process. The Sponsor will not be responsible for failed attempts to notify any potential Grand Prize winner.

 

  1. ADDITIONAL CONDITIONS OF PARTICIPATION:  By participating in this Contest, each entrant accepts and agrees to these Rules and all decisions of the Sponsor, which shall be final and legally binding on the entrant in all matters relating to this Contest including, without limitation, eligibility and/or disqualification of entries.  All entries become the property of the Sponsor and will not be acknowledged or returned. No responsibility is assumed by the Contest Parties for any inability for a potential entrant to successfully enter any draw for any reason. The Contest Parties are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries.  Proof of transmission (e.g. screenshots) does not constitute proof of receipt by the Sponsor. By submitting an entry to this Contest, entrants confirm their compliance with these Rules, and release the Contest Parties from all liability or responsibility for any claim arising in connection with entrant’s acceptance, use or misuse of the Prize or otherwise from such entrant’s participation in this Contest.  By entering this Contest, each entrant and winner acknowledges and agrees that the Contest Parties disclaim any implied warranty.

 

  1. DISPUTES:

 

a) RESIDENTS OF QUEBEC:  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.

 

b) RESIDENTS OF CANADA, EXCLUDING QUEBEC:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Sponsor 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.

 

  1. 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 Sponsor reserves 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 the foregoing activities may be disqualified and will forfeit any Prizes won.  

 

  1. Entries generated (or suspected to have been generated) by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

 

  1. The Sponsor may, at its sole discretion and without liability, terminate the Contest in whole or in part, without notice, or modify or suspend the Contest at any time, subject to the approval of the Régie des alcools, des courses et des jeux with respect to the province of Quebec, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of the Sponsor 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.  In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.

 

  1. The Contest Parties are not responsible for (and reserves the right, in their sole discretion, to correct) 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, distribution of the Prizes or technical malfunctions of telephone network lines, computer online systems, servers or providers, computer equipment or software, viruses, bugs, failure of personal computers and/or software and hardware configurations, or failure of any email to be received by the Sponsor or a participant for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof.  The Contest Parties are not responsible for damage to a user’s system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest. The Contest Parties do not warrant that access to or use of the Contest will be uninterrupted or error-free.

 

  1. This Contest is subject to all applicable federal, provincial, territorial and municipal laws.  Void where prohibited.

 

  1. The Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.  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 the Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

  1. In the event of any discrepancy or inconsistency between the terms and conditions of these English language Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the declaration of compliance and release of liability, and/or point of sale, print or online advertising; the terms and conditions of these English language Rules shall prevail, govern and control.

 

  1. PERSONAL INFORMATION AND PUBLICITY RIGHTS:  Unless entrants otherwise indicate, the personal information collected, used and disclosed by the Sponsor about entrants in the course of this Contest will be used by the Sponsor for the administration of the Contest and Prize fulfillment.  The Contest Page is hosted on servers in the United States, and the personal information you provide may therefore also be subject to the laws of the United States. For further information about Sponsor's privacy practices, please see the Sponsor's Privacy Policy at www.pepsico.ca.

 

By participating in this Contest or accepting a Prize, you agree to the Sponsor's use of your name, city/province/territory of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity the Sponsor may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice.


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