MOUNTAIN DEW® and DORITOS® 2016 NBA All-Star Game Contest
1. CONTEST SPONSOR:
The MOUNTAIN DEW® and DORITOS® 2016 NBA All-Star Game Contest (the “Contest”) is sponsored by PepsiCo Canada ULC (the “Contest Sponsor”) and administered by 7-Eleven Canada, Inc. (the “Administrator”).
2. CONTEST PERIOD:
The Contest starts on Monday, January 4, 2016 at 12:00 AM ET and ends on Sunday, January 31, 2016 at 11:59:59 pm ET (the “Contest Period“).
The Contest is open to legal residents in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba and Ontario who have reached 19 years of age or older at the time of entry, and who have a valid email address or valid 7Rewards mobile app account. Notwithstanding the above, the Contest is not open to employees, officers or directors of the Contest Sponsor, the Administrator, NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”), or their respective divisions, subsidiaries, affiliates, franchisees, representative, agents, advertising and promotional agencies, contest or suppliers, judges or any other entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest, (collectively, the “Contest Parties”) or members of the immediate families (defined as spouse, parent, child, sibling, grandparent, and includes any stepfamily members regardless of where they live) of, or persons domiciled with (whether related or not), any of the above.
4. HOW TO ENTER (NO PURCHASE NECESSARY):
(a) ENTRY WITH RETAIL PURCHASE:
Step 1: Download the 7-Eleven APP (the “App”) by texting “APP” to 711247 or by visiting 7rewards.ca (NOTE: the App is not compatible for download via mobile devices operating on the BlackBerry® or Windows® mobile operating systems).
Step 2: Follow the instructions provided via the App, and create an account to obtain a scanable member ID barcode.
Step 3: Once you have completed each of these steps and each time you purchase a participating product (defined below) during the Contest Period and scan your 7-Eleven member ID barcode, you receive one (1) entry in the Contest with each qualifying purchase. Limit one (1) entry per qualifying purchase.
Participating Products: Doritos® tortilla chips (80g and 230g, any flavour), Mountain Dew® soft drinks (355mL, 591mL and 12 packs (12x355mL); any flavour/variety); Mountain Dew® Kickstart™ soft drinks (473mL, any flavour).
NOTE: Standard message and data rates may apply depending on your mobile device carrier and text messaging package. Such fees are the responsibility of the entrant/account holder. Text messaging may not be available in all areas or with all mobile service providers. Entrant must be the person in whose name the mobile device account for the mobile device used to enter the Contest via mobile device is registered (the “Mobile Account Holder”) or have the express permission of the Mobile Account Holder. Entries made via mobile device without the permission of the Mobile Account Holder may be disqualified, at the sole and absolute discretion of the Contest Sponsor.
(b) NO PURCHASE ENTRY:
To obtain an entry without making a purchase, visit http://www.7rewards.ca and click the Contest link to get to the online entry form. Complete the online entry form during the Contest Period, following all online instructions, including agreeing to be bound by the Official Rules. Limit one (1) no purchase entry during Contest Period per person per email per day.
Entrants may use only one (1) e-mail address or mobile account to enter. If it is discovered by the Contest Sponsor and/or Administrator (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor and/or Administrator) that any person has attempted to use multiple names, identities, multiple accounts, or, and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest in any way (as determined by the Contest Sponsor and/or Administrator in their sole and absolute discretion), then he/she may be disqualified from the Contest in the sole and absolute discretion of the Contest Sponsor and/or Administrator. Any entry may be rejected if (in the sole and absolute discretion of the Contest Sponsor and/or Administrator) the entry is not fully completed with all required information or if the entry is not submitted and received during the Contest Period. Proof of transmission (screenshots or captures etc.) or attempted transmission of an entry or of an attempted entry of any communication, does not constitute proof of delivery or receipt.
The Contest Sponsor and/or Administrator reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor and/or Administrator, including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an entry (or a purported entry) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor and/or Administrator deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Contest Sponsor and/or Administrator within the timeline specified may result in disqualification in the sole and absolute discretion of the Contest Sponsor and/or Administrator.
By entering this Contest, entrants agree to be bound by these Official Rules and the decisions of the Contest Sponsor and/or Administrator with regards to all aspects of this Contest, including without limitation eligibility and/or disqualification of entrants and/or entries, which are final and binding (without right of appeal).
There is one (1) prize available to be won, consisting of a trip for two (2) to the 2016 NBA All-Star Game in Toronto, ON. The prize includes return economy class round trip airfare for two (2) from the major international Canadian airport closest to the winner’s place of residence to Toronto, ON; return ground transportation between destination airport and destination hotel; two (2) tickets to the 2016 NBA All-Star Game on Sunday, February 14, 2016; two (2) tickets to the NBA All-Star skills competition on Saturday, February 13, 2016; three (3) nights’ hotel accommodation (Friday, February 12; Saturday, February 13 and Sunday, February 14; standard room, double occupancy) and $1,500 CDN spending money for the winner only (the “Prize”). All other expenses not specifically mentioned herein are the sole responsibility of winner and his/her guest, including but not limited to, meals, souvenirs and gratuities. Approximate retail value $9,287 based on Vancouver, BC departure. If winner resides within four hundred and fifty (450) kilometres of Toronto, ON, the Contest Sponsor may substitute ground transportation for air transportation and no additional compensation will be awarded for difference in prize value. Choice of flights, airline(s), ground transportation, hotel accommodations, event tickets (including, without limitation, room size, occupancy and seat selection) are at the sole and absolute discretion of the Contest Sponsor. Prize must be accepted as outlined and cannot be exchanged or redeemed for cash. No difference between the actual and approximate retail values will be awarded. Substitutions and prize transfers not allowed.
Odds of winning depend on the number of eligible entries submitted and received in accordance with these Official Rules during the Contest Period.
Prize must be accepted as awarded and may not be transferred, exchanged, assigned or refunded. The Contest Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize with a prize or prizes of at least equal value (including, without limitation, at the sole and absolute discretion of the Contest Sponsor, a cash award), in the event of the unavailability, for whatever reason, of the advertised Prize. Prize winner and guest must abide by all travel policies. Prize winner’s guest must be 19 years of age or older. The Contest Sponsor reserves the right to revoke full or partial prize from any winner or winner’s guest who the Contest Sponsor and/or venue personnel deem, in their sole and absolute discretion, to be a safety risk, have violated any venue policy or law, and/or may bring the Contest Sponsor or NBA Entities into disrepute. Due to the nature of the Prize, no alternate travel dates are available. The details, locations, hotel availability and other travel details are determined and approved solely by the Contest Sponsor and no alternative travel destinations will be available. Travel and accommodations are subject to availability and restrictions. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Winner and his/her guest are responsible for valid ID such as a passport or other government-issued photo identification and obtaining medical and/or other insurance they deem necessary for travel. The Contest Parties are not responsible for any element of the Prize or for any expenses incurred as a consequence of flight cancellation, delay, travel or medical insurance or any other travel requirement outside of what is included in the Prize listed above. The Contest Parties make no express or implied warranties or conditions of any kind with respect to the safety, appearance or performance of the Prize. The Contest Parties are not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element.
6. PRIZE DRAW AND HOW TO CLAIM:
On Monday, February 1, 2016, the Administrator will conduct a draw in Surrey, British Columbia at 2:00 PM ET, by randomly selecting one (1) entry from among all eligible entries submitted and received in accordance with these Official Rules.
The selected Prize entrant will be contacted by email and/or telephone with further information on how to be confirmed as a winner and claim the Prize. If a selected entrant cannot be reached within two (2) days, for whatever reason, another entrant may be randomly selected from among the remaining eligible entries submitted and received in accordance with these Official Rules, at the sole and absolute discretion of the Contest Sponsor.
Before being declared a winner of a Prize, the selected entrant must correctly answer, unaided, a mathematical skill-testing question to be administered by telephone and complete, sign and return a Declaration and Release Form (and any other documents, as applicable) within two (2) days of receipt (the “Prize Claim Date”). The Prize Winner’s guest will also be required to sign and return a Declaration and Release form. If the potential Prize winner cannot be reached/located, fails to reply within two (2) days following the email contact made by the Contest Sponsor’s representative, is not in compliance with these Official Rules, incorrectly answers the skill-testing question, declines the Prize, fails to return the Declaration and Release Form (and any other documents, as applicable) by the Prize Claim Date, or if email or other correspondence between the Contest Sponsor’s representative and potential winner is not responded to or is returned as undeliverable, the Prize may be forfeited by that potential winner and the Contest Sponsor reserves the right to randomly select another potential winner from among the remaining eligible entries submitted and received in accordance with these Official Rules. Prize will be awarded, subject to these Official Rules, upon receipt of the properly completed and executed Declaration and Release Form, where applicable, and verification of Prize winner.
7. The approximate retail value of the Prize as stated by the Contest Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these Official Rules is subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail value is stated by the Contest Sponsor and the date the Prize is awarded or redeemed. If, at the time the Prize is redeemed or awarded, the actual prevailing retail purchase price for the Prize is less than the approximate retail value stated by the Contest Sponsor in point of sale, television and print advertising, digital advertising, promotion materials, and/or in these Official Rules, the prize winner will not be entitled to a cheque or cash for the price difference.
8. The decisions of the Contest Sponsor and/or the judges are final and binding, without right of appeal, with respect to all aspects of this Contest and entrant agrees to abide by the Official Rules and all of the instructions and decisions of the Contest Sponsor and/or judges. In the event of any dispute regarding the interpretation of these Official Rules, the decision or interpretation of the Contest Sponsor and/or judges shall prevail.
9. Unless otherwise deemed appropriate by the Contest Sponsor for the administration of the Contest based on the circumstances, no communications will be entered into except with selected entrants. Once Prize winner has been verified and confirmed, the Prize winner’s name may be posted on the Contest Sponsor and/or Administrator’s website or social platform pages.
10. All entries become the property of the Contest Sponsor and/or Administrator. Any entry that is late, incomplete, altered, or contains false information, is invalid. The Contest Parties and each of their respective officers, directors, employees, agents, representatives, successors are not responsible for lost, stolen, delayed, damaged or misdirected claims or entries or for any problems or technical malfunction of any Internet, mobile app, or telephone network or broadcast transmission during the Contest Period. The Contest Parties are not responsible for any errors or omissions with respect to the printing or advertising of this Contest and reserves the right to withdraw, amend or cancel this Contest in the event of a printing or administrative error.
11. In the event, due to a printing, manufacturing, mechanical or other error, more prizes are claimed than are intended to be awarded according to these Official Rules, prizes will stop being awarded when the Contest Sponsor becomes aware of an error respecting the number of prizes and the Contest Sponsor reserves the right, in its sole and absolute discretion, to conduct a random draw from amongst all eligible and approved prize claimants whose claims have not yet been redeemed to award the remaining number of advertised prizes. In no event will the Contest Parties be liable for more than the stated number of prizes contained in these Official Rules.
12. The Contest Parties accept no responsibility for loss, damage or claims caused by the awarded prizes or the Contest itself. By participating in the Contest, and as a condition of acceptance of any prize, each entrant, his/her heirs, executors, administrators, and assigns, RELEASES AND FOREVER DISCHARGES AND HOLDS HARMLESS the Contest Parties, their direct and indirect subsidiaries and affiliates, and their advertising, promotion and fulfillment agencies and legal and other advisors, and each of their employees, officers, directors, shareholders, partners and agents, from and against any and all losses, damages, rights, claims, actions, causes of action, personal injury, property damage or death (including without limitation all costs and liabilities of any kind (including legal fees), AND INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM ANY ACT OR OMISSION OF NEGLIGENCE OR INTENTIONAL CONDUCT OF THE ENTRANT, that the entrant now has, or may hereafter have against the Contest Parties directly or indirectly resulting or arising from: (a) participation in the Contest, or the awarding, acceptance, use, or misuse of any Prize, or participating in any Contest-related or prize-related activity; or (b) the publicity rights granted to the Contest Parties and their direct and indirect affiliates as referred to above. Without limiting the release of liability provisions herein, and for greater certainty, the Contest Parties will not be liable for: a) any incorrect or inaccurate information, whether caused by Contest website users or by any equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of entries in the Contest; b) any error, omission, interruption, deletion, defect or delay in operation of the Contest website or any transmission in connection with the Contest; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet, mobile app, or at any website or combination thereof; or e) any injury or damage to entrants’ or to any other person’s computer or other device related to or resulting from participating or downloading materials in this Contest. If the Contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause of any nature whatsoever beyond the reasonable control of the Contest Parties which corrupt or affect the administration, security or proper conduct of this Contest, the Contest Sponsor reserves the right at its sole and absolute discretion to, without advance notice, terminate or suspend the Contest, in whole or in part, or modify it in any way. The Contest may be modified, changed or cancelled at any time by the Contest Sponsor.
13. Where applicable and in the event of a dispute as to who submitted an Entry, the Contest Sponsor reserves the right, in its sole and absolute discretion, to deem the entry to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry or Mobile Account Holder. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Selected entrant may be required to provide the Contest Sponsor with proof that he/she (i) is the Authorized Account Holder of the email address associated with the selected entry; (ii) is the Mobile Account Holder; or (iii) has the express permission of the Mobile Account Holder to enter.
14. The Contest Sponsor and/or Administrator reserves the right at its sole and absolute discretion to disqualify any individual from the Contest, and to ban that individual from any future promotion of the Contest Sponsor and/or Administrator, if the Contest Sponsor and/or Administrator finds or believes such individual to be tampering with the entry process or the operation of the Contest or where applicable, the Contest website; to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Contest Sponsor, the Administrator, the Contest Sponsor’s agencies, other entrants or any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. By entering this Contest, you consent to the Contest Parties’ use, should you become a winner, of your name, place of residence and photograph or other likeness, without further compensation or notice, for publicity, advertising or informational purposes in any media or format (including the Internet) in connection with this Contest.
17. This Contest shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
18. The invalidity or unenforceability of any provision of these Official 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 Official 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.
19. The Contest Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules, or for any other reason.
20. In the event of any discrepancy or inconsistency between the terms and conditions of these rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these rules shall prevail, govern and control to the fullest extent permitted by law.
21. NBA Entities: The NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including acceptance, possession, use or misuse of the prize and/or participation in this Contest.