FRITO-LAY® VARIETY PACKS AND QUAKER PRESENTS THE
“YOU COULD WIN A NINTENDO SWITCH™ BUNDLE” CONTEST
OFFICIAL RULES (the “Rules”)
This contest (the “Contest”) is intended for viewing and participation in Canada only and shall be construed and evaluated according to the laws of Canada. Participants must be residents of Canada who are age of majority or older in their province or territory of residence to participate or win.
No purchase necessary to enter or win (see Rule 4 for details). Internet access required.
1. SPONSOR/ADMINISTRATOR: The sponsor of this Contest is PepsiCo Canada ULC (the “Contest Sponsor”), and the Contest is being administered on behalf of the Contest Sponsor by BAM Strategy (the “Administrator”).
2. ELIGIBILITY: The Contest is open to residents of Canada, who are age of majority or older at the time of entry in their province or territory of residence. The Contest is not open to employees of the Contest Sponsor, the Administrator, Nintendo of Canada Ltd. (“Nintendo”) and each of their respective parents, subsidiaries, affiliates and related companies, representatives, agents, advertising or promotion agencies, contest prize suppliers, any other companies engaged in the development, production or distribution of materials for this Contest (collectively, the “Contest Parties”), and members of their immediate families (defined as spouse, parent, child, sibling, grandparent, regardless of where they live), or persons domiciled with (whether related or not), of any of the above.
3. CONTEST PERIOD: The Contest will start at 12:00 pm (noon) Eastern Time (“ET”) on March 21, 2022 and end at 11:59:59 pm ET on May 15, 2022 (the “Contest Period”).
4. HOW TO ENTER: During the Contest Period, purchase a participating Frito-Lay® Variety Pack or Quaker® product (“Participating Products”), as provided in the table below, while supplies last.
|Participating Product||Size||Number of Entries|
|Frito-Lay® Variety Packs Flavour Mix||18 ct / 504 g||3|
|Frito-Lay® Variety Packs Lay’s® Mix||18 ct / 484 g||3|
|Frito-Lay® Variety Packs Classic Mix||18 ct / 504 g||3|
|Frito-Lay® Variety Packs Cheesy Mix||18 ct / 504 g||3|
|Frito-Lay® Variety Packs Bold Mix||18 ct / 504 g||3|
|Doritos® Favourites||12 ct / 336 g||2|
|Ruffles® Favourites||10 ct / 280 g||2|
|Miss Vickie’s® Favourites||10 ct/240 g||2|
|Cap’n Crunch® Original Cereal||10 ct/240 g||2|
|Cap’n Crunch® Berries Cereal||360 g||2|
|Quaker® Life® Original Cereal||450 g||2|
|Quaker® Oatmeal Squares Cereal||500 g||2|
|Quaker Chewy® Chocolatey Chip Granola Bars||5 ct / 120 g||1|
|Quaker Chewy® S’mores Granola Bars||5 ct / 120 g||1|
|Quaker Chewy® Apple Fruit Crumble Granola Bars||5 ct / 120 g||1|
|Quaker Chewy® Chocolatey Chip Granola Bars||5 ct / 120 g||1|
|Quaker Chewy® Chocolatey Chip Granola Bars||40 ct / 960 g||3|
|Quaker Chewy® Apple Fruit Crumble Granola Bars||40 ct / 960 g||3|
|Quaker Chewy® S’mores Granola Bars||40 ct / 960 g||3|
|Quaker Chewy® Chocolatey Fun Variety Pack Granola Bars||40 ct / 960 g||3|
Visit www.FritoLay-QuakerContest.ca (the “Contest Website”) during the Contest Period. Create an account by providing your email, first name, last name, province/territory of residence and postal code. Once your account is set up, you will be asked to enter the 12-digit UPC from a participating product, and confirm that you are eligible and agree to participate in the Contest according to these Rules. Once you have completed the above, click “submit” to submit your entry.
Limit three (3) entries per person per email address per day. See table above to determine how many entries the UPC from a participating product is worth. A UPC may be used more than once. Only one (1) email address may be used by any person to participate in the Contest. Each calendar day’s entries are not carried forward to the next calendar day, and are not eligible for consideration for future Prize Draws. Duplication may result in disqualification. No other form of submitting an entry is valid other than as stated above. Multiple participants may not share the same email address. A potential winner may be requested to provide the Contest Sponsor and/or Administrator with proof that he/she is the authorized account holder of the email address associated with the winning account and/or 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 Contest Sponsor's sole discretion. All Entries must be received by the date and time indicated in Rule 3. The Administrator’s computer is the official timekeeping device for this Contest. Each UPC submitted is valid for the number of entries provided in the table above, and for entry into the Daily Prize Draw (as outlined in Rule 6).
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.
No Purchase: Purchase is not required and does not enhance a person’s chances of winning. If you wish to enter the Contest without purchase, please use the following UPC: 216736204215. 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.
5. PRIZES: There are a total of one-hundred and sixty-eight (168) Nintendo Switch™ - OLED Model bundle prizes available to be won, each consisting of one (1) Nintendo Switch™ - OLED Model system with a download code for the digital version of their choice of one (1) of the following games: Mario Party™ Superstars, Kirby™ and the Forgotten Land, Pokémon™ Legends: Arceus, Mario Kart™ 8 Deluxe. Three (3) Nintendo Switch™ - OLED Model bundles will be awarded for each calendar day during the Contest Period (each, a “Daily Prize”). The approximate retail value of each Daily Prize is $529.98 CAD. The selected game will be awarded in the form of a digital code, which can be redeemed according to the instructions provided.
6. DRAWS: On each of the Draw Dates outlined in the table below, three (3) entries will be randomly selected from among all eligible valid entries entered during each calendar day of the Contest Period 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 Period beginning at 12:00:00 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 ET.
A total of one hundred and sixty-eight (168) Daily Prize Draws will occur as outlined below:
|Calendar Days in Contest Period||Draw Date|
|March 21 to March 27||March 29|
|March 28 to April 3||April 5|
|April 4 to April 10||April 12|
|April 11 to April 17||April 19|
|April 18 to April 24||April 26|
|April 25 to May 1||May 3|
|May 2 to May 8||May 10|
|May 9 to May 15||May 17|
All draws will occur at 10:00 am ET at 4810 Jean-Talon W, #203, Montréal, QC, with servers under supervision of the Administrator. The odds of winning a Daily Prize depend on the total number of eligible entries received for each calendar day during the Contest Period. Each calendar day’s entries are not carried forward to the next calendar day, and are not eligible for consideration for future Daily Prize Draws.
7. HOW TO CLAIM A PRIZE: If you are selected as a potential Daily Prize winner, you will be notified within three (3) business days following the draw by email as provided during entry. In order to be declared a Prize winner, a potential winner must: (i) acknowledge the email notification from the Contest Sponsor’s designated agent within five (5) business days of 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 at a mutually agreeable time by the Contest Sponsor’s designated agent; (iii) sign a form of a Declaration of Compliance and Release (the “Release”), and return to the Contest Sponsor’s designated agent by email within five (5) business days of receipt of the Release; and (iv) otherwise comply with these Rules. If a potential winner fails to meet any of these criteria, he/she will 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. Each potential winner may be required to furnish proof of identification that may include a driver’s license or other form of picture identification as part of the verification process. The Contest Parties will not be responsible for failed attempts to notify any potential winner.
Prizes will only be delivered to winners who have been verified and have complied with these Rules. Prizes will be delivered to the Winners’ addresses as provided on their Release forms. Deliveries will not be made to PO Box addresses. No responsibility is assumed by the Contest Sponsor for any postal mail or courier delivery returned as undeliverable without a forwarding address. No responsibility is assumed by Contest Sponsor for Prizes after they have been shipped. Winners bear all risk of loss or damages to Prize after delivery. Please allow four (4) to six (6) weeks following verification for delivery of Prize.
ADDITIONAL CONDITIONS OF PARTICIPATION:
8. The Contest Sponsor reserves the right, in its sole discretion, to reschedule any prize draw. The Contest Sponsor is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete No Purchase Requests or entries. Proof of transmission (e.g. screenshots) does not constitute proof of receipt. No responsibility is assumed by the Contest Parties for any inability of a potential entrant to successfully enter the Contest for any reason, or for prizes that remain unclaimed or unawarded. In the event that there are no eligible entries received on any calendar day during the Contest Period, no draw for any prize will be conducted and no Prize will be awarded for that calendar day. In the event that there are fewer eligible entries received on any calendar day during the Contest Period than the number of prizes to be awarded, the draws will be conducted only to the extent possible to select up to the maximum potential winners under these Rules.
9. By entering, entrants (i) acknowledge compliance with these Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Contest Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to this Contest, without right of appeal, including without limitation eligibility, validity, contents, and/or disqualification of an entry. Entrants who have not complied with these Rules are subject to disqualification.
10. By accepting a prize, each winner consents to the use of his/her name, city/province of residence, voice, and statements relating to the Contest or the Contest Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by the Contest Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
11. 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 Contest 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 these activities may be disqualified and will forfeit any prize won.
12. All entries become the property of the Contest Sponsor and will not be returned. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
13. If a dispute arises regarding who submitted any entry, the entry will be deemed to be submitted by the authorized account holder of the email address or phone number provided at time of entry. Authorized account holder is defined as the natural person who is assigned to an email address or phone number by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address, or wireless carrier.
14. Entrants and/or winners assume liability for injuries caused, or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any prize awarded, including but not limited to claims/damages for personal injury, or property damage. Moreover, as a condition of entering, entrants agree: (a) to release the Contest Parties, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize, (b) that under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and entrant hereby waives all rights to claim for all such damages; (c) 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statue prohibits such exclusion or limitation of liability.
15. The Contest Sponsor may, at its sole discretion and without liability, terminate the Contest in whole or in part, or modify or suspend the Contest at any time, subject to the approval of the Régie des alcools, des courses et des jeux, if required, 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 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. The Contest Sponsor may do so, without notice, except as required by law. Without restricting the generality of the foregoing, and subject to the approval of the Régie des alcools, des courses et des jeux, if required, if for any reason more entrants receive notification of eligibility to win a prize than the number of prizes stated herein, the Contest Sponsor reserves the right, in its sole discretion, to terminate the Contest in whole or in part, or amend or suspend it and award only the number of prizes stated in these Rules via a random drawing for the prizes not yet distributed at the time the Contest is terminated, suspended or amended. In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the prize(s) will be conducted from among all eligible entries received prior to the time of termination. In no event will the number of prizes awarded exceed the available number of prizes as specified in these Rules. In the event that any draws are stopped, interfered with or not conducted for any reason during the Contest Period, the Contest Sponsor reserves the right, in its sole discretion, to resume conducting draws as soon as reasonably possible after any interference or cessation of such draws, or at the end of the Contest Period.
16. The Contest Parties do not make any warranties or conditions that access to the Contest Website will be uninterrupted or error-free. The Contest Parties are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
(a) RESIDENTS OF QUÉBEC: 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 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.
18. CONFLICTS/DISCREPANCIES: In the event of any discrepancies between the English language Rules and the non-English language Rules, the English Rules shall prevail. In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.
19. INVALIDITY: 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 their terms as if the invalid or illegal provision were not contained herein.
21. Nintendo is not a sponsor, co-sponsor or administrator of this Contest.