THE “GET HYPED FOR CRICKET” CONTEST (the “Contest”)
Official Contest Rules (the “Rules”)
The following Contest is intended for viewing and participation by residents who have reached the age of majority in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba and Ontario.
1. CONTEST SPONSOR: The sponsor of this Contest is PepsiCo Canada ULC (the “Contest Sponsor”).
2. Contest Period: The Contest starts at 12:00 am Eastern Time (ET) on February 2, 2015 and will end at 11:59:59 pm ET on March 8, 2015 (the “Contest Period”).
3. ELIGIBILITY: The Contest is open to residents of British Columbia, Alberta, Saskatchewan, Manitoba and Ontario who have reached the age of majority in their province of residence. The Contest is not open to employees, officers or directors of the Contest Sponsor or its respective divisions, subsidiaries, affiliates, franchisees, representatives, agents, advertising and promotional agencies, contest suppliers or judges (collectively, the “Contest Parties”), or members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) of, or persons domiciled with (whether related or not), any of the above.
4. HOW TO ENTER: You can enter the Contest by visiting http://hypedforcricket.ca (the “Contest Website”) and following the onscreen instructions to submit a photo of yourself getting “hyped for cricket” that includes a Pepsi brand logo (which can be found on bottles and cans of Pepsi cola, or in other locations, including http://www.facebook.com/PepsiCanada). Your photo, once reviewed and approved, will be publicly posted in hypedforcricket.ca’s online photo gallery.
There is a limit of one (1) Contest entry per person per week during the Contest Period. 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 of the Contest Sponsor, to exceed the maximum number of entries permitted 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.
For any method of entry, in the event of a dispute over the identity of an entrant, the entry will be considered made by the Registered Owner (as defined in below) of the applicable e-mail address. “Registered Owner” is defined as the natural person who is assigned to an account or e-mail address by the organization/individual that is responsible for assigning accounts or e-mail addresses for the applicable platform or domain name associated with email address.
5. PHOTO SUBMISSION REQUIREMENTS (“Photo Requirements”)
Each photo submitted to obtain an entry in this Contest must:
A. Be an original work, created solely by the entrant registered through the Contest Page, and over which the entrant has all necessary rights, title and interest, including copyright;
B. Not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;
C. Not use, or be confusingly similar to, the brand names, trade names, trade marks or logos of any third parties other than the Contest Sponsor and the International Cricket Council (“ICC”);
D. Be primarily in English and/or French, if applicable;
E. Not contain or make any reference to any branded food or beverage products other than Pepsi soft drinks;
F. Be submitted in one of the following file formats: JPG, GIF, BMP or PNG, and be no more than 4 MB in size;
G. Be suitable for family audiences and for display and publication on national television, 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;
H. 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;
I. 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;
J. Not be prohibited for use by applicable laws or guidelines;
K. Be consistent with the Contest Sponsor’s image; and
L. Comply with these Rules.
The Contest Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify any entrant and to remove (or to refuse to post) entries from the Contest Website that it finds or believes not to comply with the conditions above or otherwise with these Rules, and to pursue all other applicable rights and remedies.
The Contest Sponsor reserves the right to review any entry at any time during the Contest Period for compliance with 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 Entry Conditions and 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, trade-mark, 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 the Contest Website and social media platforms; and (ii) waive any and all moral rights that you may have in and to the entry.
By entering, you also warrant and represent that the photo you submit: (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. You also agree to release and indemnify the Releasees (as defined below) from any claims involving a breach of the warranties and representations in this rule 5.
6. 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.
7. GRAND PRIZE AND GRAND PRIZE DRAW: There are four (4) grand prizes available to be won, each consisting of a trip for two (2) to the ICC Cricket World Cup 2015 Final match, currently scheduled to take place on March 29, 2015 (the “Grand Prize”). The Grand Prize includes:
Approximate retail value of each prize is $10,000 (calculated based on Toronto departure as of January 19, 2015).
To select the entrants eligible to win the Grand Prize, four (4) random draws will be conducted on March 9, 2015 in Mississauga, Ontario from among all eligible Entries during the Contest Period.
The odds of being selected as eligible to win will depend on the total number of eligible entries received.
Winner and their guest must be able to travel and return by April 2, 2015. Prizes must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. Sponsor will not replace any lost or stolen prizes. Winner and guest are responsible for ensuring that all necessary travel documents, visas, authorizations and permissions are obtained prior to ticketing. Sponsor is not responsible if winner or his or her guest are denied access to, or removed from, the aircraft or the event. In such an event, winner will be solely responsible for any expenses incurred and the Prize may be forfeited, in whole or in part. Winner and their guest will be responsible for meals, in-room entertainment, travel health insurance, tips and all other expenses not described in these Official Contest Rules, as well as any required travel documentation. If winner does not elect to bring a guest, no compensation or substitution will be provided to winner. Winner and guest must comply with all event and hotel check-in requirements, including but not limited to the presentation of a major credit card. Actual value may vary depending on point of departure and winner will not be entitled to the difference, if any, between the stated and actual value. A guest who is below the age of majority in his or her jurisdiction of residence must travel with his or her parent or legal guardian at all times.
8. HOW TO CLAIM A PRIZE: If you are selected as eligible to win the Grand Prize (a “Prize”), you will be notified within one (1) business day following the draw by e-mail. In order to be declared a winner, a selected entrant must: (i) respond to correspondence from the Contest Sponsor or its designated agent and complete the documentation outlined below within one (1) business day of notification; (ii) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a required mathematical skill-testing question; (iii) sign, and have their guest (if any) sign, a form of Declaration of Compliance and Release (the “Release”) and return to the Contest Sponsor or its designated agent by fax or email by the deadline indicated by the Contest Sponsor; 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 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 photo identification as part of the verification process. The Contest Sponsor will not be responsible for failed attempts to notify any potential winner.
No responsibility is assumed by the Contest Sponsor for Prizes after they have been shipped, and each winner bears all risk of loss or damages to their Prize after shipping. The Contest Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any Prize. Winner bears all risk of loss or damages to Prizes after delivery. Unclaimed Prizes will not be awarded.
9. ADDITIONAL CONDITIONS OF PARTICIPATION: By participating in this Contest, each entrant accepts and agrees to be legally bound by these Rules and by all decisions of the Contest Sponsor or their designated agents, 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 Parties 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 Sponsor in any manner whatsoever, including print, broadcast or the internet.
Neither the Contest Sponsor nor the companies and agencies associated with the ICC Cricket World Cup accepts responsibility for the cancellation or delay of the ICC Cricket World Cup 2015 Final match for any reason beyond their control. Further, ICC Development (International) Limited (IDI) will not be liable if it changes the schedule of matches comprising the ICC Cricket World Cup 2015, which it may do in its absolute discretion. Neither the Contest Sponsor nor IDI shall be responsible for any such eventuality, and the winner undertakes not to claim any compensation from the Contest Sponsor or IDI in this regard. By entering this Contest entrants agree to comply, and ensure that each subsequent holder complies, with the conditions that accompany tickets won in conjunction with the Contest. Entrants also agree to comply, and ensure that each subsequent ticket holder complies, with any conditions of entry into the venue.
10. LIMITATION OF LIABILITY. Entrants and winners assume liability for damages or other injuries caused, or claimed to be caused by participating in the Contest, 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.
11. 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, 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. The Contest Sponsor may do so, without notice, except as required by law. In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.
12. INDEMNIFICATION. By submitting an Entry, entrant agrees to release and indemnify the Releasees from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees) that may arise out of any breach of any of covenants, agreements, terms, obligations, representations or warranties set forth herein, or in connection with the content of any photo the entrant uses to enter this Contest.
13. 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.
14. The Contest Sponsor does not warrant that access to the Contest Website will be uninterrupted or error-free. The Contest Entities 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, Web sites, 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.
15. CONFLICTS/DISCREPANCIES. 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.
16. GOVERNING LAW. 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.
17. 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.
To our four grand prize winners, each winning a trip for two to the ICC Cricket World Cup 2015 Final Match in Australia
Team: Sri Lanka
The Contest ended on March 8, 2015.
† No purchase necessary. Limit of 1 entry per person per week. Contest open to residents of Ontario, Manitoba, Saskatchewan, Alberta and British Columbia who have reached the age of majority of their province of residence. Contest closes March, 8, 2015 @ 11:59pm ET. Odds of winning depend upon number of entries rec'd. 4 prizes avail. Approx. retail value: $10,000 each.
See RULES for details.