This Contest is intended for viewing and participation in Canada only and shall be interpreted according to the laws of Canada. Participants must be residents of Canada who are at least the age of majority in their province or territory of residence AND a Tasty Rewards member at the time of entry.
SPONSOR. The sponsor of this Contest is PepsiCo Canada ULC (the “Contest Sponsor”). The Contest is being administered on behalf of the Contest Sponsor by BAM Strategy (the “Administrator”).
ELIGIBILITY. The Contest is open to residents of Canada, who are at least age of majority in their province or territory of residence AND a Tasty Rewards member at the time of entry. The Contest is not open to employees of the Contest Sponsor, the Administrator, 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.
CONTEST PERIOD. The Contest begins at 9:00 am ET Eastern Time (ET) on June 18, 2020 and ends at 5:00 pm (ET) on August 9, 2020 (the “Contest Period”).
HOW TO ENTER. Visit www.tastyrewards.ca, and click on the “Contest” link at the top of the page. If you are not a Tasty Rewards member, please follow the instructions to create a free account. If you are a Tasty Rewards member, please log in, title and upload your image recipe using Quaker® oats to access the contest page. Once you have created an account or logged have in, answer the multiple choice question and submit your entry. By submitting your entry, you confirm that you are eligible to participate according to these Rules.
There is a limit of one (1) Entry per person and per email address per day.Only one (1) email address may be used by any person to participate in the Contest. Duplication or any attempts or suspected attempts, as determined in the sole discretion by the Contest Sponsor, to exceed the maximum number of Entries or accounts per person or per email address is a violation of these Rules and may result in disqualification and forfeiting of any prize. Entrant must not create false identities, or impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity. All Entries, including any Bonus Entries, must be received by the date and time indicated in Rule 3.
The sole determinant of time for the purposes of receipt of a valid Entry in this Contest will be the Contest server machine(s). Automated, scripted or robotic entries are prohibited, and any use of such automated devices may result in disqualification. Proof of submission does not constitute proof of receipt.
In the event of a dispute regarding the identity of an entrant, the Entry will be deemed to have been made by the Registered Owner (as defined below) of the email address associated with the account used for entry. “Registered Owner” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization/individual that is responsible for assigning email addresses for the domain associated with the submitted email address.
PHOTOGRAPH SUBMISSION AND POSTING GUIDELINES (“Submission Guidelines”):
Any photo uploaded by an entrant must:
Be an original work, created solely by the entrant, and over which the entrant has all necessary rights, title and interest, including copyright;
Be primarily in English and/or French;
Not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;
Not use, or be confusingly similar to, the brand names, trade names, trademarks or logos of any third parties;
Not contain or make any reference to any branded food or beverage products other than QUAKER® oats;
Be suitable for family audiences, in the sole determination of the Contest Sponsor. Without limitation, entries and usernames shall not contain any content that is or contains: the promotion of unlawful behaviour, political in nature, profanity, nudity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable;
Have been created specifically for this Contest, and have not been previously published, or entered into, or received any awards in, any other contest or competition;
Be from an identifiable source. The entrant 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;
Not be prohibited for use by applicable laws or guidelines;
Not contain images of minors or any third parties;
Not defame, misrepresent or contain disparaging remarks about the Contest Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Contest Sponsor, as determined by the Contest Sponsor in its sole discretion;
Be consistent with the Contest Sponsor’s image;
Comply with these Rules.
The Contest Sponsor reserves the right to review any entry at any time during the Contest Period for compliance with these Submission Guidelines and these Rules and to take such action as it deems appropriate, including removing any entry or entrant from the Contest in the Contest Sponsor’s sole discretion. Any such review shall not relieve entrants from responsibility for compliance with these Rules.
By entering, you: (i) represent and warrant that you have the right and authority to, and do hereby, grant to the Contest Sponsor 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, trademark, copyright and or otherwise use without limitation all or any part of the entry in any manner and media whether now known or hereafter devised including, without limitation, on social media platforms and product packaging; and (ii) waive any and all moral rights that you may have in and to the entry with respect to the uses contemplated herein.
By entering the Contest, entrants agree to release and hold harmless the Contest Group (as defined below) from any and all claims that any commercial, advertising, presentation, web content or other material in any media throughout the universe subsequently produced, presented and/or prepared by or on behalf of the Contest Sponsor, infringes with regard to any elements, characters or ideas contained in your entry. For greater certainty, the Contest Sponsor will not be responsible should any future packaging, advertising, promotion, or other independently developed creative, marketing or advertising materials bear any resemblance to an entry that is not declared to be a winning entry.
By submitting an entry, you warrant and represent that it: (i) is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright (excluding content provided by the Contest Sponsor, if applicable); (ii) 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 (iii) that publication of the entry via various media, including without limitation publicly on the Internet, will not infringe on the rights of any third party. Entrant agrees to defend, indemnify and hold harmless the Contest Group from any claims involving a breach of the warranties and representations in this Rule 5.
NO PURCHASE NECESSARY. 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.
PRIZE AND DRAW. There is one (1) prize available to be won, consisting of a $2,000 cash prize, to be awarded in the form of a cheque (the “Prize”). Prize must be accepted as awarded and cannot be substituted, transferred or exchanged, except at the sole and absolute discretion of the Contest Sponsor, which may award a substitute prize of equal or greater value. Cheque will be issued in Canadian dollars. All Prize details are at the Contest Sponsor’s sole discretion.
On August 12, 2020 at 2:00 pm ET at 4810 Jean-Talon W, #203, Montréal, QC, one (1) entry will be randomly drawn from among all eligible entries received during the Contest Period. The odds of winning depend on the total number of eligible entries received during the Contest Period.
No responsibility is assumed by the Contest Group (as defined herein) for any inability for a potential entrant to successfully enter any draw for any reason. The Contest Group is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (e.g. screenshots) and/or mailing does not constitute proof of delivery.
HOW TO CLAIM THE PRIZE. If you are selected as eligible to win the Prize, you will be notified by email within three (3) business days following the draw (the “Notification”). In order to be declared a winner, a potential winner must: (i) respond to correspondence from the Contest Sponsor’s designated agent within five (5) business days of Contest Sponsor’s 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 Contest Sponsor’s designated agent; (iii) sign a form of Declaration of Compliance and Release and return to the Contest Sponsor’s designated agent by fax or 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 requirements, he/she will be disqualified and forfeit the 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. 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 Contest Sponsor will not be responsible for failed attempts to notify any potential Prize winner.
No responsibility is assumed by the Contest Sponsor for the Prize after it has been shipped, and winner bears all risk of loss or damages to his/her Prize after shipping. The Contest Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any Prize. Unclaimed Prizes will not be awarded.
ADDITIONAL CONDITIONS OF PARTICIPATION. By participating in this Contest, each 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 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 Contest Sponsor and will not be acknowledged or returned. No responsibility is assumed by the Contest Group for any inability for a potential entrant to successfully enter any draw for any reason. The Contest Group is 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 Contest Sponsor. By submitting an Entry to this Contest, entrants confirm their compliance with these Rules, and release the Contest Parties, and each of their officers, directors, agents, representatives and employees, the contest judges, successors and assigns (collectively, the “Contest Group”) from all liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded.
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.
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.
Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this promotion, 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 the foregoing activities may be disqualified and will forfeit any prizes won.
Entries generated (or suspected to have been generated) by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
The Contest 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 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. In no event will the number of prizes awarded exceed the available number of prizes as specified in these Rules.
The Contest Parties are not responsible for (and reserves the right, in its 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 Contest 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.
This Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited.
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 Ontario conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario. The Contest 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.
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 Release, and/or point of sale, print or online advertising; the terms and conditions of these English language Rules shall prevail, govern and control.
LIMITATION OF LIABILITY. By entering this Contest, each entrant and winner acknowledges and agrees that the Contest Group: (i) shall have no liability of any kind whatsoever with respect to this Contest and/or the awarding, use or misuse of the prize, (ii) makes no warranty, guaranty or representation of any kind concerning the prize, (iii) disclaims any implied warranty, and (iv) is not liable for injury, loss or damage of any kind resulting from the entrant’s acceptance, use or misuse of the prize or otherwise from such entrant’s participation in this Contest.
By participating in this Contest or accepting a prize, you agree to the Contest Sponsor's use of your name, city/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity the Contest 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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