1. PARTICIPATION: The LAY’S® #LaysJoyStory program (the “Program”), presented by PepsiCo Canada ULC (“PepsiCo”) is open to residents of Canada, who are age of majority or older in their province or territory of residence.
2. HOW TO PARTICPATE: Tell us how Lay’s® potato chips have created a little joy in your life by completing the submission form at www.lays.ca/joystory (the “Submission”). Your Submission must comply with the Submission Guidelines as defined in Section 3
3. SUBMISSION GUIDELINES: Each Submission must adhere to the following guidelines:
(a) Be primarily in English and/or French;
(b) Be an original work, created by the participant, over which the participant has all necessary rights, title and interest, including copyright;
(c) Not use, or be confusingly similar to, the brand names, trade names, trademarks or logos of any third parties;
(d) Not contain or make any reference to any branded food or beverage products other than Lay’s® potato chips or PepsiCo products;
(e) Have permission of any third parties (and for minors, their parent or legal guardian’s permission) used in the image and likeness;
(f) Be from an identifiable source. The participant must not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
(g) Not defame, misrepresent or contain disparaging remarks about PepsiCo, any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with PepsiCo, as determined by PepsiCo in its sole discretion;
(h) Be suitable for family audiences, including without limitation for display and publication on packaging and national television, as determined by PepsiCo in its sole discretion;
(i) 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 PepsiCo in its sole discretion;
(j) Not promote alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing) any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(k) Not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and
(i) Be created specifically for this Program, and have not been previously published or enter into, or received any awards in, any other program or competition.
The items identified above in (a) through (l) are collectively referred to as “Submission Guidelines”. PepsiCo reserves the right to review any Submission at any time for compliance with these Terms & Conditions and to take such action as it deems appropriate, including removing any posted Submission, in PepsiCo’s sole discretion.
4. By participating, you agree as follows: (i) you acknowledge that your Submission may be posted on a PepsiCo website, social media channel or other form of advertising, including broadcast television, in PepsiCo's sole discretion, although PepsiCo has no obligation to use or post any Submission; (ii) you have the right and authority to, and do hereby, grant to PepsiCo 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 Submission in any manner and media whether now known or hereafter devised including, without limitation, on the Program Website; (iii) you waive any and all moral rights that you may have in and to the Submission; and (iv) you agree to release and hold harmless PepsiCo, its employees, officers, directors, representatives or agents, its parent, subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies (collectively, the “Program 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 PepsiCo’s use of the Submission. By making a Submission, 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 PepsiCo, if applicable); (ii) has not been previously published; (iii) 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 (iv) that publication of the Submission via various media, including without limitation publicly on the Internet, will not infringe the rights of any third party. You also agree to indemnify and hold PepsiCo and the Program Parties harmless from any claims to the contrary.
5. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by PepsiCo or the Program Parties resulting from your participation in or attempt to participate in the Program, ability or inability to upload content in connection with the Program, or from the disruption of third party services such as internet service. No responsibility or liability is assumed by PepsiCo or the Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program: 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; traffic congestion on the Internet; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Program. PepsiCo and the Program Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur. PepsiCo and the Program Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to any person's computer or video equipment resulting from participation in the Program. By participating you agree: (i) to release PepsiCo and the Program Parties from any and all claims, damages or liabilities arising from or relating to such participation in the Program; (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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 Program; (iv) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper or vandalize or otherwise interfere with the operation of the Program is a violation of criminal and civil laws, and PepsiCo reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.
6. PUBLICITY RELEASE: By participating, you consent to the publication and use of your Submission, including any 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 Program including, without limitation, for the purposes of advertising and trade, and promoting PepsiCo and its products and services, without further notice or compensation.
7. GENERAL CONDITIONS: This Program is offered only in Canada and all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, participant’s rights and obligations, or the rights and obligations of PepsiCo in connection with the Program, 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 PepsiCo does not constitute a general waiver of any obligation to entrants. In the event of a dispute over the owner of a Submission, the Submission will be considered made by the Registered Owner of the email address attached to the social media account used for Submission. “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.
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