PRE-GAME ZONE AT MAC’S CONTEST
COURTESY OF PEPSI®, RUFFLES® AND MAC’S
NO PURCHASE NECESSARY. This promotion is intended for viewing and participation in Canada only and shall be construed and evaluated according to the laws of Ontario and Canada. THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS ONTARIO WHO HAVE REACHED THE AGE EIGHTEEN (18) YEARS AT TIME OF ENTRY. Participation in the Contest constitutes the participant’s (“you or your”) unconditional agreement to and acceptance of these Official Rules and the decision of the Contest Entities (as defined herein), whose decisions shall be final and binding and non-appealable in all respects. This Contest is subject to all applicable federal, provincial, and municipal laws. Contest void where prohibited by law.
The PRE-GAME ZONE Contest, presented by Pepsi®, Doritos® and Mac’s (the “Contest”) is sponsored by PepsiCo Canada ULC and Mac’s Convenience Stores Inc. (the “Contest Sponsors”) and is administered by Elite Mobile (the “Administrator”). Collectively, the Contest Sponsors and the Administrator are referred to herein as the Contest Entities (the “Contest Entities”).
1. CONTEST DATES: The Contest begins on January 6, 2014 at 12:00:01 am Eastern Time (ET) (the “Contest Start Date”) and ends on February 2, 2014 at 11:59:59 pm ET (the “Contest End Date”). The period between the Contest Start Date and Contest End Date is known as the “Contest Period”.
2. ELIGIBILITY: The Contest is open to legal residents of Ontario who have reached the age of eighteen (18) years at the time of entry. Employees of the Contest Entities, their respective head office and branch offices, distribution centres, their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, administrators, advertising and promotion agencies, prize suppliers, agents, any entity that the Contest Entities contract with specific to this Contest and their respective immediate household/family members are not eligible to participate in the Contest. Immediate household/family members is defined, for these purposes, as including spouse, parents, children, siblings, and each of their respective spouses, and/or those persons with whom any of the above are domiciled (whether related or not).
3. HOW TO ENTER: During the Contest Period, use your SMS-enabled phone to text TOUCHDOWN to 70734 (the “Text Message Entry”). You will receive a reply message confirmation that your entry was received for the Contest. Sending a Text Message Entry constitutes your agreement to receive text messages back relating to the Contest, and if applicable text messages and/or calls for prize notification and instructions. There is a limit of one (1) entry per mobile number per day during the Contest Period. Duplication may result in disqualification. 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. Standard message and data rates may apply. Entrants are solely responsible for any such charges. Not all wireless carriers participate. All Text Message Entries must be received and recorded within the Contest Period. The Administrator’s computer is the official timekeeping device for this Contest.
In the event of a dispute over the identity of an entrant, the Text Message Entry will be considered made by the natural person who is assigned a telephone number for the cell phone provider. All Entries become the sole property of the Contest Sponsors and cannot be returned.
4. PRIZES AND PRIZE DRAWS: There are three (3) $500 NFL.com gift cards available to be won as “Grand Prizes” and thirty-five (35) $100 NFL.com gift cards available to be won as “Secondary Prizes”. Grand Prizes and Secondary Prizes are collectively referred to as “Prizes”. Prizes are subject to their own terms and conditions.
Prizes must be accepted as awarded, cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsors, which reserves the right for any reason to award or substitute a Prize, or part thereof, of equal or greater value, including without limitation a cash award. Limit one (1) Prize per household.
At approximately noon ET on February 4, 2014, a random draw will be conducted from among all eligible entries received during the Contest Period. Three (3) entries will first be selected as potential winners of a Grand Prize. Then thirty-five (35) entries will be selected as potential winners of a Secondary Prize.
5. HOW TO CLAIM A PRIZE: If you are selected as a potential Prize winner, you will be notified via SMS text message within seventy-two (72) hours of selection. Once notified, the potential winner must provide a valid email address to the Contest Sponsors or their authorized representative within five (5) days of notification. Upon receipt of a valid email address, the Contest Sponsors or their authorized representative will contact the potential winner, who then must: (i) acknowledge correspondence from the Contest Sponsor’s representative within five (5) business days of notification; (ii) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a required mathematical skill-testing question; (iii) sign a form of Declaration of Compliance and Release (the “Release”) and return to the Contest Sponsors’ authorized representative by fax or email within five (5) business days of receipt of the Release; and (iv) otherwise comply with these Rules.
Prizes will be delivered only to confirmed winners. If a potential winner of any Prize: (a) fails to correctly answer the mathematical skill-testing question; (b) fails to properly complete and return the Release within the time specified; (c) does not comply with these Official Rules (as determined by the Contest Sponsors in their sole and absolute discretion); (d) cannot be contacted in accordance with these Official Rules for any reason; and/or (e) cannot accept a Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize). The Contest Sponsors or its authorized representative will make a maximum of three (3) attempts to contact the eligible the winners by text message or by telephone within five (5) business days of the draw for verification and issuing the Release. If an winner cannot be contacted within three (3) attempts or five (5) business days (whichever occurs first), or there is a return of any notification as undeliverable/unanswered; then he/she will be disqualified (and will forfeit all rights to Prize) and another draw will be conducted to select a winner of that Prize.
No responsibility is assumed by the Contest Sponsors for Prizes after they have been shipped, and each winner bears all risk of loss or damages to his/her prize after shipping. The Contest Sponsors make no representations or warranties of any kind concerning the appearance, safety or performance of any Prize.
ADDITIONAL CONDITIONS OF PARTICIPATION.
7. By participating in this Contest, each entrant accepts and agrees to be legally bound by these Official Rules and by all decisions of the Contest Sponsors, which shall be final and legally binding (without right of appeal) on the entrant in all matters relating to this Contest including, without limitation, eligibility and/or disqualification of entries. In order to be confirmed a winner and receive a Prize, each potential winner will be required to sign and return the Release identified above which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable prize as awarded; (iii) releases the Contest Entities, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of any Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city of residence/province, 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 Contest Sponsors, at any time, in any manner whatsoever, including print, broadcast or the internet.
8. GENERAL. Subject to applicable law, the Contest Sponsors reserve the right, in their sole discretion and without prior notice, obligation or liability, to withdraw, cancel amend or suspend this Contest or to amend these Official Rules for any reason, including but not limited to, any error (including any accident, printing, administrative, or other error), in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause that interferes with the proper conduct of this Contest as contemplated by these Official Rules. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law. Without restricting the generality of the foregoing, in the event of early termination of the Contest, a notice will be posted on the www.mymacs.ca website 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 reviewed by the Contest Sponsors, and for the purposes of these Official Rules, the Contest Period will be deemed to have ended at the moment of early termination.
9. No responsibility is assumed by the Contest Entities for any inability for a potential entrant to successfully enter any draw for any reason. The Contest Entities are 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.
10. The Contest Sponsors reserve the right, in their sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Contest Sponsors, in their sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules.
11. LIMITATION OF LIABILITY. By entering this Contest, each participant acknowledges and agrees that the Releasees: (i) shall have no liability of any kind whatsoever with respect to this Contest and/or the awarding or use of any Prize, (ii) make no warranty, guarantee or representation of any kind concerning any Grand Prize or Secondary 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 or use/misuse of a Prize or otherwise from such entrant’s participation in this Contest. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, but not limited to, errors in advertising, these Official Rules, the announcement of winners and/or the distribution of Prizes.
12. 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 not limited to claims/damages for personal injury, or property damage.
13. The Contest Entities 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 Official Rules, the 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 Sponsors 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 Entities 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 Entities do not warrant that access to or use of the Contest will be uninterrupted or error-free.
14. Under no circumstances, including negligence, shall the Contest Entitles be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.
15. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Contest Sponsors 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.
16. PERSONAL INFORMATION. The Contest Sponsors collect and use the personal information you provide for the purposes of Contest administration and Prize fulfillment. By entering the Contest you consent to such collection and use. Personal information maintained by the Contest Sponsors and their agents for the purposes of this Contest may be kept on servers outside of Canada. For more information about how the Contest Sponsors manage your personal information, see the Contest Sponsor’s respective Privacy Policies available at: www.pepsico.ca and www.mymacs.ca.