SPONSOR: The sponsor of this contest is PepsiCo Canada ULC (the “Contest Sponsor”), and will be administered on behalf of the Contest Sponsor by 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 of participating locations, employees, representatives and agents of the Contest Sponsor, the Administrator, or their respective divisions, subsidiaries, affiliates, franchisees, representatives agents, advertising and promotion agencies, prize suppliers or judges (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, HOW TO ENTER AND NO PURCHASE ENTRY: The Contest will begin at 9:00 am ET on January 28, 2019, and will end at 5:00 pm ET on March 8, 2019 (the “Contest Period”). To enter, text “FUN” to 33322. You will be redirected to www.capturethefun.ca (the “Contest Website”) where you must provide your full name, email address, province, and cafeteria location from where you are entering. Limit one (1) entry per person per day. Only one (1) email address may be used by any person to participate in the Contest. No purchase is necessary to enter the Contest.
Participants must have a mobile phone with SMS messaging capabilities to enter by text message and may incur a standard text message charge from their wireless service provider for each message sent and/or received. Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such charges. Not all wireless carriers participate. All Entries must be received and recorded within the Contest Period. The Contest Administrator’s computer is the official timekeeping device for this Contest.
IMPORTANT: By entering the Contest through the above method of entry, you agree to participate in accordance with, and be bound by, these Rules, and you confirm that you are at least the age of majority in your province/territory of residence.
PRIZES AND DRAWS: There are a total of three (3) GoPro Hero7 Cameras available to be won (each a “Prize”). The approximate retail value of each Prize is CAD$400.00. On March 13, 2019, a random draw will be conducted at 5511 Steeles Avenue West, Suite 200, Toronto, ON, from among all eligible entries to select three (3) potential winners.
To be verified a winner, a selected entrant must correctly answer a time limited, skill testing question without mechanical aid and sign a Declaration of Compliance and Release form (see Rule 5). 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 Sponsor, which reserves the right, at its sole and absolute discretion and for any reason, to award a substitute prize of equal or greater value, including a cash award. Odds of winning depend on the total number of eligible entries received for each draw. Limit one (1) Prize per person.
HOW TO CLAIM A PRIZE: Each selected entrant will be notified by email and instructed on next steps. Awarding of a Prize is subject to verification and compliance with the Rules. Entrants who have not complied with the Rules will be disqualified. If the selected entrant cannot be located or does not respond within three (3) business days of notification, or is not available for phone verification within three business (3) days following their initial response to the notification email, the entrant will be disqualified, forfeits the Prize and the Contest Sponsor may, at its sole and absolute discretion, select by random draw another eligible entrant whom the Contest Sponsor or their representatives will attempt to contact, and who will be subject to disqualification, in the same manner. Allow two (2) to four (4) weeks from the date of the draw for verification of contest winner and Prize fulfilment. Prize will be shipped following verification. The Contest Sponsor and the Contest Administrator are not responsible for the Prize once it has been shipped.
The Contest Sponsor will not be responsible for failed attempts to notify a selected entrant. Any unclaimed Prizes 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 judges (who may be employees, agents or independent contractors of the Contest Sponsor), which shall be final and legally binding on entrant in all matters relating to this Contest. All entries become the property of the Contest Sponsor and will not be returned. In order to be confirmed a winner and receive a Prize, the selected entrant will be required to sign the Contest Sponsor’s form of Declaration of Compliance and Release (the “Release”), which confirms compliance with these Rules and releases the Contest Sponsor, the Administrator, and their respective affiliated companies, agencies, 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 Prize. The Release must be completed and returned to the Contest Administrator within three (3) business days of being sent to the selected entrant or the selected entrant will be disqualified and forfeit the Prize. The winner agrees to the use of his/her name and city/province of residence for publicity purposes, and grants to the Contest Sponsor, any and all rights to said use without further notice or compensation. The Contest Sponsor and its respective affiliates are not responsible for printing, distribution, or production errors.
LIMITATION OF LIABILITY: By entering this Contest, the winner acknowledges and agrees that the Contest Parties (i) shall have no liability of any kind whatsoever with respect to this Contest and/or the awarding, use or misuse of any Prize, (ii) make no warranty, guaranty or representation of any kind concerning any 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 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 the Contest Parties from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees) that may arise out of any breach of any covenants, agreements, terms, obligations, representations or warranties set forth herein.
RIGHT TO TERMINATE, MODIFY OR SUSPEND: The Contest Sponsor may at any time, at its 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 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. Without restricting the generality of the foregoing, in the event of early termination of the Contest, a notice will be posted at participating locations 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 Sponsor reserves the right, at any time, in its 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 Sponsor to enforce of any term herein shall be deemed a continuing waiver or a waiver of any other term.
(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. Any applicable decision to be made by the Contest Sponsor affecting the conduct of this Contest are subject to a ruling of the Régie des alcools, des courses et des jeux.
(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 Contest 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.