RUFFLES® and BUDWEISER Prohibition “Open Pour Go” Contest
Official Rules (“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. You must be 19 years of age or older to participate or win.
- SPONSOR/ADMINISTRATOR: This Contest is sponsored by PepsiCo Canada ULC (the “Contest Sponsor”) and the Contest is being administered on behalf of the Contest Sponsor by Elite Digital (the “Administrator”).
- ELIGIBILITY: The Contest is open to residents of Canada who are 19 years of age or older. Employees of the Contest Sponsor, the Administrator, Labatt Brewing Company Limited (“Labatt”) and each of their respective parent companies, subsidiaries, affiliates, bottlers, advertising or promotion agencies, promotion judges, promotion 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 (regardless of where they live), or persons domiciled with them (whether related or not) are NOT eligible to participate or win. In these Rules, “immediate family” means spouse, parent, child, sibling, grandparent, and includes any stepfamily members.
- CONTEST PERIOD: Starting August 9, 2019 at 12:00 pm (noon) Eastern Time (“ET”) and ending September 7, 2019 at 11:59:59 pm ET (the "Contest Period").
- HOW TO ENTER: To enter, visit the Contest page at www.OpenPourGo.ca during the Contest Period, and follow the instructions to enter. To enter, complete the online Contest entry form in full, by: (i) providing your first name, last name, province/territory, age and email address, and (ii) entering the complete unique 6-digit, 8-digit, 10-digit or 12-digit UPC from a participating product package (as defined below). To submit your entry, you will be required to confirm that you have read and agree to be bound by these Rules. There is a limit of one (1) entry per individual and per email address per day during the Contest Period. A UPC may be used more than once, but may be entered by the same person only once per day during the Contest Period. Only one (1) email address may be used by any person to participate in the Contest. Duplication may result in disqualification. All entries must be received by 11:59:59 pm ET on September 7, 2019 (the “Contest Close Date”). Entries received after the Contest Close Date are void.
In the event of a dispute regarding the identity of an e-mail entrant, the entry will be deemed to have been made by the authorized account holder of the e-mail address submitted at the time of entry. Authorized account holder is defined as the natural person who is assigned to an email address 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.
Participating products: Ruffles® (chips 210 g - 380 g/dips 425 g, any flavour) or Doritos® (chips 230 g - 400 g, any flavour/variety) or Budweiser (20-can pack or higher) Budweiser Prohibition Brew (6-pack/12-pack). Budweiser (20-can pack or higher) products only applicable to promotion in the province of Quebec.
NO PURCHASE NECESSARY. If you wish to enter without purchase, please use the following UPC: 8501426214. 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.
- PRIZES: There are fifty (50) speaker towers (each, a “Prize”) available to be won each day during the Contest, for an overall total of 1,500 Prizes. Each Prize has an approximate retail value of $82 CAD. The number of prizes available to be won will diminish as they are claimed throughout the Contest Period. Limit one (1) Prize per person or per household during the Contest. Please allow 4 – 6 weeks following verification for delivery of Prize. Prize must be accepted as awarded, and cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsor, which may award a substitute Prize of equal or greater value.
- DRAWS: On each of the Draw Dates outlined in the table below, fifty (50) entries will be randomly selected from among all eligible entries received during each Calendar Day in the Contest Period as eligible to win a Prize (the “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 (noon) ET.
All draws will take place at 2:00 pm ET at 5511 Steeles Avenue East, Suite 200, Toronto, ON. The odds of winning a Prize depend on the total number of eligible entries received for each draw. In the event there are no entries received for any Prize Draw during the Contest Period, that Prize Draw will not be conducted and those Prizes will not be awarded. In the event that there are fewer eligible entries received for any Prize Draw 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.
|Calendar Days in Contest Period ||Draw Dates |
|August 9 to August 15 ||August 16 |
|August 16 to August 22 ||August 23 |
|August 23 to August 29 ||August 30 |
|August 30 to September 7 ||September 9 |
- HOW TO CLAIM A PRIZE: Potential Prize winners will be notified by email at the email address provided upon entry. This notification (the “Notification”) will occur within three (3) business days following the draw. 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 the Notification; (ii) correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, the required mathematical skill-testing question; (iii) download and agreed to the terms and conditions of a declaration of compliance and release of liability (the “Release”) releasing the Contest Parties 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 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 Prize winner fails to meet any of these requirements, he/she may 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 Contest Sponsor will not be responsible for failed attempts to notify any potential Prize 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 his/her Prize after shipping. The Contest Sponsor makes no representations, warranties or conditions of any kind concerning the appearance, safety or performance of any Prize. Unclaimed Prizes will not be awarded.
ADDITIONAL CONDITIONS OF PARTICIPATION:
- The Contest Sponsor reserves the right, in their sole discretion, to reschedule any prize draw. 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. The Contest Parties are 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. In the event that there are fewer eligible entries received on any Day or Week 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/territory 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.
- 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.
- 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 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. 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 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 warrant 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, 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.
(a) 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. (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.
- 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.
- LABATT: Labatt is a Prize supplier only in this Contest. Labatt’s participation in this contest is limited to that of a prize supplier only, and Labatt shall not be responsible for any participant complaint or other matters in any way relating to the contest.
RUFFLES®/DORITOS® - Trademark used under licence by Frito Lay Canada.
®/MD Anheuser-Busch LLC.