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 legal residents of Canada who are 13 years of age or older to participate or win.
No purchase necessary to enter or win (see Rule 5 for details). Internet access required.
- 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 Elite Email Inc. (the “Administrator”).
- ELIGIBILITY: The Contest is open to legal residents of Canada, who are 13 years of age or older. The Contest is not open to employees of the Contest Sponsor, the Administrator, Nintendo Canada Inc. (“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.
- CONTEST PERIOD: The Contest will start at 9:00 am Eastern Time (“ET”) on May 5, 2017 and end at 11:59:59 pm ET on August 12, 2017 (the “Contest Period”).
- HOW TO ENTER: Unique PINs are located inside specially marked boxes of QUAKER CHEWY® Chocolate Chip, Apple Fruit Crumble, S’mores, and Banana Chocolate Chip granola bars (156g); QUAKER CHEWY® Super Grains Double Chocolate Fudge and Strawberries & Yogurt granola bars (130g); and QUAKER® DIPPS® Chocolate Chip and Caramel Nut granola bars (156g) (the “Participating Products”), while supplies last. Not all products are available in all areas. Use your unique PIN to enter the Contest by:
Limit one (1) entry per unique and valid PIN. Only one (1) email address or phone number 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 Daily Prize Draws. 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 must be received by the date and time indicated in Rule 2. The Administrator’s computer is the official timekeeping device for this Contest. Attempts to re-submit or re-use the same PIN will be void and ineligible for entry. Each PIN submitted is valid for an entry into the Daily Prize Draw (as outlined in Rule 6).
- Visiting www.quakercontest.ca/nintendoswitch (the “Contest Website”) and follow the instructions to complete the online Contest entry form by providing your first and last name, email address or phone number, province/territory and unique PIN (“PIN”). To submit your entry, you will be required to confirm that you are eligible and agree to participate according to these Rules. If you are under the age of majority in your respective province/territory of residence at the time of entry, you must confirm that you have received permission to enter the Contest from your parent or legal guardian. Once you have completed the above, click “submit” to submit your entry (the “Entry”).
- Texting “Nintendo Switch” to 33322 and click on the link provided in the auto response to complete the Contest entry by providing your first and last name, email address or phone number, province/territory and unique PIN. To submit your entry, you will be required to confirm that you are eligible and agree to participate according to these Rules. If you are under the age of majority in your respective province/territory of residence at the time of entry, you must confirm that you have received permission to enter the Contest from your parent or legal guardian. Once you have completed the above, click “submit” to submit your Entry.
To participate via mobile, you must have a mobile phone with SMS messaging capabilities. You may incur standard text message or data charges from your wireless service provider for each message sent and/or received. Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such SMS charges or data charges. Not all wireless carriers participate.
If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free e-mail accounts.
- NO PURCHASE ENTRY: Purchase is not required and does not enhance a person’s chances of winning. To obtain a unique PIN without purchase, print your first name, last name, email address, telephone number (with area code), province and age on a plain piece of paper (the “No Purchase Request”). Mail the above information to: QUAKER Nintendo Switch Contest No Purchase Request, 5511 Steeles Avenue West, Suite 200, Toronto, ON, M9L 1S7. The Contest Sponsor will play a PIN on each entrant’s behalf in connection with each valid No Purchase Request received on the calendar day that the No Purchase Request was postmarked. LIMIT one (1) No Purchase Request per outer stamped envelope. There is no limit to the number of No Purchase Requests that an entrant can submit, as long as each No Purchase Request is mailed in a separate outer envelope, bearing sufficient postage. No purchase requests must be postmarked no later than August 12, 2017 and be received by August 25, 2017 for the last Daily Prize Draw (as provided in Rule 7). No Purchase Requests received by the deadline where the postmark is illegible or unreadable will be automatically entered by the Contest Sponsor into a Daily Draw chosen at random from those that remain available. No Purchase Requests that are mechanically reproduced or made in any fashion other than as specified herein are void. The Contest Sponsor is not responsible for delays in the event of lost, late, or destroyed entries that are not received by the deadline, including in connection with any labour disruption.
- PRIZES: There are a total of one hundred (100) prizes available to be won. Each prize consists of a Nintendo SwitchTM system with a choice of either The Legend of ZeldaTM” Breath of the Wild game OR Mario KartTM 8 Deluxe game, one (1) of which will be awarded for each calendar day during the Contest Period (the “Daily Prize”). The approximate retail value of each prize is $480 CAD.
- DRAWS: On each of the Daily Prize Draw Dates outlined in the table below, one (1) entry 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 9:00 am ET.
A total of one hundred (100) Daily Prize Draws will occur as outlined below:
Calendar Days in
May 5 to May 13
May 14 to May 20
May 21 to May 27
May 28 to June 3
June 4 to 10
June 11 to 17
June 18 to 24
June 25 to July 1
July 2 to July 8
July 9 to July 15
July 16 to July 22
July 23 to July 29
July 30 to August 5
August 6 to August 12
Daily Prize Draw Date
All draws will occur at 10:00 am ET at 5511 Steeles Avenue West, Suite 200, Toronto, ON, 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.
- 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 text message or email as provided during entry. In order to be declared a Daily Prize winner, a potential winner must: (i) acknowledge the text message or email notification from the 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 Sponsor’s designated agent; (iii) sign a form of a Declaration of Compliance and Release (the “Release”), and return to the 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 Daily Prize is won by a minor, it will be awarded to the minor’s parent or legal guardian. In addition, the parent or legal guardian of such minor will also be required to sign the Release on such minor’s behalf. If a potential winner fails to meet any of these criteria, he/she will be disqualified and forfeit the Daily Prize. The Sponsor may then, at its sole and absolute discretion, select by random draw another eligible entrant whom the Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner. Each potential winner (or in the case of a minor, their parent or legal guardian) 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. Prizes for confirmed winners will be shipped after August 31, 2017, and received no later than September 30, 2017. 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.
- PINS: Only PINs obtained from specially marked Participating Products or through legitimate No Purchase Requests are eligible for this Contest and cannot be combined with PINs from any other game or promotion. A PIN will not be redeemed for an entry where the PIN is deemed to be void for any reason, including without limitation, the following: PIN is not verified or recognized as a valid code issued by the Contest Sponsor in this Contest; PIN is determined to be previously entered and used; or PIN is incorrectly or incompletely entered or submitted. The Contest Parties shall have no liability or obligation to the holder of, or in respect of, any void PIN. Notwithstanding the foregoing, the Contest Sponsor may, upon request and at its sole discretion and without obligation, elect to replace an illegible or ineligible PIN with another randomly selected PIN. The Contest Sponsor reserves the right to inspect and examine any illegible or ineligible PIN prior to issuing a replacement. PINs cannot be sold, traded, bartered, assigned or transferred to or shared with a third party, auctioned through an online auction site, or otherwise or obtained through any source other than from one of the methods mentioned above. PINs are null and void and will be rejected if not obtained through authorized, legitimate channels.
ADDITIONAL CONDITIONS OF PARTICIPATION:
- 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 Daily Prizes 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 (or their parent or legal guardian if entrant is a minor) 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- NINTENDO: Nintendo is only a prize supplier in this Contest. Nintendo is not a sponsor of this Contest, and is not responsible for the administration of the Contest, conduct of the draws or awarding of any prizes.