JESSI CRUICKSHANK X CRISPY MINIS^® CREATIONS CONTEST

Official Rules

 

THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA (EXCLUDING QUEBEC), WHO ARE AGE OF MAJORITY OR OLDER IN THEIR PROVINCE/TERRITORY OF RESIDENCE AND IS GOVERNED BY CANADIAN LAW.

 

Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

 

CONTEST PERIOD: The Jessi Cruickshank x Crispy Minis^® Contest (the “Contest”) begins on September 20, 2022, at 12:00 PM Eastern Time (“ET”) and ends on September 27, 2022, at 11:59 PM ET (the “Contest Period”).

 

ENTRY PERIOD: The Contest will consist of one (1) entry period (an “Entry Period”) as outlined in the following table:

 

 

ELIGIBILITY TO ENTER: The Contest is open to residents of Canada only (excluding Quebec) who have reached the age of majority in their province/territory of residence at the time of entry, except employees (and those with whom such persons are living, whether related or not) of PepsiCo Canada ULC (the “Sponsor”), Jessi Cruickshank (the “Administrator”), their respective representatives, agents, sponsors, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).

You may only use one (1) Instagram account to participate in this Contest. To be eligible to earn an Entry in this Contest, your applicable Account must be set to receive direct messages from the Administrator.

 

AGREEMENT TO BE LEGALLY BOUND BY RULES: By participating in this Contest, you are signifying that you have read and agree to be legally bound by these Official Rules (the “Rules”).

 

PARTIES NOT INVOLVED: The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Citizen Relations LP (“Citizen Relations”). Instagram and Citizen Relations are hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and/or Administrator and not to Instagram or Citizen Relations.

 

HOW TO ENTER: NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. You may enter the Contest as follows:

 

i. Instagram: To enter via Instagram, you must log-in to your Instagram Account and visit the Instagram Account @jessicruickshank (the “Instagram Page”). Next, during the Contest Period, post a story or in-feed post of your Crispy Minis^® Creation Recipe (for certainty, you do not need to make a purchase of Crispy Minis^® large rice cakes or make your Crispy Minis^® Creation, your picture only needs to depict or otherwise describe your recipe for what you would put on Crispy Minis^® large rice cakes), and tag @CrispyMinis, @jessiscruickshank and #CrispyMinisCreations. When all required steps of the Instagram entry process are complete, you will automatically be eligible to earn one (1) entry in the Contest.

 

To be eligible, all content and materials associated with your Entry, as applicable (collectively, your “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) satisfy all entry requirements; (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of Instagram (all as determined by Sponsor in Sponsor’s sole and absolute discretion).

 

ENTRY LIMIT AND CONDITIONS: There is a limit of one (1) Instagram entry per person and Account. If it is discovered by the Sponsor and/or Administrator (using any evidence or other information made available to or otherwise discovered by the Sponsor and/or Administrator) that any person has attempted to use multiple names, multiple identities, multiple Accounts, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s and/or Administrator’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she/they may be disqualified from the Contest in the sole and absolute discretion of the Sponsor and/or Administrator. The Contest Parties, Instagram Inc., Citizen Relations, their respective affiliates and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor and/or Administrator: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Social Platform Rules (all as determined by Sponsor and/or Administrator in Sponsor’s and/or Administrator's sole and absolute discretion).

 

VERIFICATION: All Entries, Entry Materials and entrants are subject to verification at any time and for any reason. The Sponsor and/or Administrator reserves the right, in Sponsor’s sole and/or Administrator’s and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor and/or Administrator – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor and/or Administrator deems necessary, in Sponsor’s and/or Administrator’s sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s and/or Administrator’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor and/or Administrator within the timeline specified by the Sponsor and/or Administrator may result in disqualification in the sole and absolute discretion of the Sponsor and/or Administrator. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) of the Administrator.

 

SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES.

 

By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she/they submit:

 

i. are original to him/her/them and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;

 

ii. do not violate any law, statute, ordinance or regulation;

 

iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals. No minors may appear in any content;

 

iv. do not contain or make any reference to any branded food products other than Crispy Minis® large brown rice cakes;

 

v. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and

 

vi. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in Sponsor’s sole and absolute discretion.

 

The Sponsor, the Administrator and/or their promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his/her/their Entry Materials (or any part thereof) in order to help ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor and/or Administrator reserves the right, in Sponsor’s and/or Administrator’s sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the Sponsor’s and/or Administrator’s interpretation of the letter and spirit of these Rules.

 

LICENSE: By entering the Contest and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, as applicable, grants to the Sponsor and Administrator, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her/their Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her/their Entry Materials (and each component thereof) in favour of the Sponsor, Administrator and anyone else authorized by the Sponsor to use such Entry Materials; and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her/their Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related or other cause of action whatsoever.

 

PRIZE: There are a total of five (5) prizes (each, a “Prize”) available to be won. Each Prize consists of: (i) $200 CAD in gift cards to the confirmed winner’s local grocery store (as determined by the Sponsor or Administrator, in its sole discretion in consultation with the confirmed winner); and (ii) a year’s supply of Crispy Minis® large rice cakes (awarded in the form of twenty-six (26) Free product coupons; coupons subject to their stated terms). The total approximate retail value of each Prize is $355.74 CAD.

 

Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in Sponsor’s sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. Sponsor reserves the right, in Sponsor’s sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. All characteristics and features of each Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion. Each Prize winner is solely responsible for all costs not expressly described herein. Gift cards and coupons are subject to all of the terms and conditions as stated by the issuer. IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH UTILIZING A PRIZE WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE CONFIRMED WINNER. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH UTILIZING A PRIZE OR OTHERWISE.

 

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, a confirmed winner understands and acknowledges that he/she/they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her/their Prize fail to be fit for its purpose or is in any way unsatisfactory.

 

ELIGIBLE WINNER SELECTION PROCESS: On September 28, 2022, in Los Angeles, California at approximately 12:00 p.m. ET, the Administrator (or Administrator’s designated representative) will perform a random draw to select five (5) Entries from among all eligible Entries submitted and received in accordance with these Rules prior to the close of the corresponding Entry Period (and, for greater certainty, all unselected Entries in a random draw will not carry over into any subsequent random draw(s)) (as determined by the Sponsor at its sole discretion). In the event a potential Prize winner is disqualified for failing to comply with these Rules, as determined by the Sponsor and/or Administrator at its sole discretion, the Sponsor and/or Administrator reserves the right in its sole discretion, to select an alternate eligible entrant through a random draw from among the remaining applicable eligible Entries received in accordance with these Rules prior to the close of the applicable Entry Period (as determined by the Sponsor and/or Administrator at its sole discretion). The odds of winning depend on the number of eligible Entries received prior to the close of the applicable Entry Period.

 

ELIGIBLE WINNER NOTIFICATION PROCESS: The Sponsor and/or Administrator or its designated representative will make a minimum of two (2) attempt(s) to contact an eligible winner via Direct Message via Instagram within two (2) business day(s) of the applicable Selection Date. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she/they may, in the sole and absolute discretion of the Sponsor and/or Administrator, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Administrator reserves the right, in sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining applicable eligible Entries received in accordance with these Rules prior to the close of the applicable Entry Period in accordance with the procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

 

ELIGIBLE WINNER CONFIRMATION PROCESS: NO ONE IS A WINNER UNLESS AND UNTIL THE ADMINISTRATOR OFFICIALLY CONFIRMS HIM/HER/THEM AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within two (2) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her/their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her/their Entry Materials or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her/their name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor or Administrator in any manner or medium whatsoever, including print, broadcast or the internet, worldwide and in perpetuity.

 

If the potential winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Administrator in Administrator's sole and absolute discretion); then he/she/they will be disqualified (and will forfeit all rights to the applicable Prize) and the Administrator reserves the right, in Administrator’s sole and absolute discretion and time permitting, to randomly select an alternate potential Prize winner in accordance with the procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).

 

GENERAL CONDITIONS: This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

 

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

 

The Sponsor reserves the right, in the Sponsor’s sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in Sponsor’s sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in the Sponsor’s sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in the Sponsor’s sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

 

By entering this Contest, each entrant expressly consents to the Sponsor, the Administrator, their agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.pepsico.ca/en-ca/privacy).This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

 

The Sponsor reserves the right, in the Sponsor’s sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in Sponsor’s sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

 

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law. 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 the terms as if the invalid or illegal provision were not contained herein. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein.