MOUNTAIN DEW® and DORITOS®
XBOX ONE X WIN EVERY HOUR CONTEST
No purchase necessary. 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. Please do not proceed if you are not a legal resident of Canada at time of entry. Must be 13 years of age or older to enter.
1. Sponsor: The sponsor of this Contest is PepsiCo Canada ULC (the “Contest Sponsor”).
2. Contest Period: Starting October 10, 2017 at 12:00 noon Eastern Time (ET) and ending January 7, 2018 at 11:59:59 pm ET (the " Contest Period").
3. Eligibility: This Contest is open to legal residents of Canada, 13 years of age or older, except officers, directors, employees, representatives and agents of the Contest Sponsor, Microsoft Canada Inc., their respective parents, subsidiaries and affiliates and if, applicable, their advertising or promotion agencies, contest judges, contest prize suppliers, any other companies engaged in the development, production, or distribution of materials for this Contest (collectively the “ Contest Entities”), and members of their immediate families (regardless of where they live), or persons domiciled with them (whether related or not). In these Official Rules (the “ Rules”), “immediate family” means parents, children, siblings and spouse. Entrants between the ages of 13 and the age of majority in their province/territory of residence will require the permission of their parent or legal guardian to enter the Contest. In the event it is discovered that parental consent was not obtained, the entry will be void. Prizes won by minors will be awarded to the minor’s parent or legal guardian.
4. How To Enter: Unique Codes (valid for one (1) entry each) will be under the cap of specially marked MTN DEW ® 591mL bottles, under the tab of specially marked MTN DEW® KICKSTARTTM 473mL cans, and outside specially marked 45g, 80g, 250g and 255g bags of DORITOS ® Nacho Cheese, Zesty Cheese, Sweet Chili Heat!® and Sonic Sour Cream® tortilla chips (the “Participating Products”). While supplies last. Not all products and package sizes are available in all areas. To request a Code without purchase, see Rule 5 below. To enter the Contest, visit www.WinEveryHour.ca (the “ Contest Website”) during the Contest Period. Enter your unique Code(s) where prompted and follow the instructions to register by providing your first and last name, email address, telephone number, province, password , eligibility status and confirming you have read, understood and agree to comply with these Rules. You will have the option to enter a Code for the current hourly draw, or save your Code(s) to submit for a future draw. 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. If a Prize (as defined in Rule 6) is won by a minor, it will be awarded to the minor’s parent or legal guardian. The parent or legal guardian of such a minor will also be required to accept any Prize and sign the Declaration of Compliance and Release on minor’s behalf. Only one (1) email address may be used per person to participate in the Contest. There will be one (1) Prize available to be won each hour during the Contest Period. Each valid registration will be permitted to submit multiple entries as long as each entry is entered with a unique and valid Code either obtained through an eligible product purchase, or with a Code received through the No Purchase Necessary method. Limit one (1) entry per unique and valid Code. All entries must be received by 11:59:59 PM ET January 7, 2018. Subsequent attempts to re-submit or re-use the same Code will be void and ineligible for entry.
When you enter one (1) unique and valid Code from a participating MTN DEW ® or MTN DEW® KICKSTARTTM product, together with one (1) unique and valid Code from a participating DORITOS® product at the same time, you will receive three (3) extra entries.
5. NO PURCHASE NECESSARY. Purchase is not required and does not enhance a person’s chance of winning. Requests for no purchase Codes may be postmarked beginning October 6, 2017. To obtain two (2) no purchase unique Codes, provide an original written submission (min 50 words) of what you love about PepsiCo products, along with providing your name, province, age, phone number (with area code) and email address (the “ No Purchase Request”) and mail it to “WIN EVERY HOUR! No Purchase Request”, c/o PO Box 4099, Paris, Ontario, N3L 3W9. Within forty-eight (48) hours of receipt of a No Purchase Request, the Contest Sponsor will send to you two (2) randomly selected unique Codes by email to the email address you supplied with your No Purchase Request. 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 envelope, bearing sufficient postage. All No Purchase Requests must be received no later than January 5, 2018. No Purchase Requests mechanically reproduced or made in any fashion other than as specified herein are void. Each unique Code received by mail can only be used to enter the Contest once.
6. Prizes: There are a total of 1,080 prizes (each a “Prize”) available to be won at the outset of the Contest. Each Prize consists of one (1) XBOX ONE X Gaming Console and one (1) Forza Motorsport 7 game to be played on the Gaming Console. The approximate retail value of each Prize is CDN$679. The number of prizes available to be won will diminish throughout the Contest Period as they are awarded every hour.
One (1) Prize is available to be won for each Hourly Entry Period (as
defined in Rule 7).
Prizes are not transferable and must be accepted as awarded, with no
substitutions of any kind, except at the Contest Sponsor’s sole discretion.
Limit one (1) Prize per person for the duration of the Contest Period.
7. Hourly Draws: An hourly entry period (the “ Hourly Entry Period”) shall be defined as a 60-minute period during the Contest Period, beginning at one (1) second after the hour and ending on the hour (for example, the first Hourly Entry Period will be from 12:00 PM ET to 12:59:59 PM ET on October 10, 2017). Entries from one Hourly Entry Period will not be carried forward into subsequent Hourly Draws. The odds of winning depend on the total number of eligible entries received during the applicable Hourly Entry Period. If for any reason there are no entries received for a particular Hourly Entry Period, the Prize available for that Hourly Entry Period will not be awarded. All Hourly Draws for the day will take place once daily at approximately10:00 am ET beginning on October 11, 2017, conducted by the Contest Sponsor’s authorized representative, at 20 Bay Street, 11th Floor, Toronto, ON. Subsequent Hourly Draws will occur in the same manner for each day throughout the Contest. The Contest Sponsor reserves the right, in its sole discretion, to reschedule any Hourly Draw. No responsibility is assumed by the Contest Sponsor for any inability of a potential entrant to successfully enter any Hourly Draw for any reason or for Prizes that remain unclaimed or unawarded. 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.
8. How To Claim A Prize: Each potential winner (or parent or legal guardian of a minor potential winner) will be notified by telephone and/or email at the telephone and email provided upon entry, together with instructions on how to claim the Prize. This notification (the “Notification”) will occur within two (2) business days after the Hourly Draw is completed, or as soon as reasonably possible thereafter. It is the entrant’s responsibility to provide a valid telephone number and email address to ensure prompt receipt of any Notification. WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF NOTIFICATION AT THE TELEPONE NUMBER (IE. VIA TELEPHONE CONVERSATION OR BY LEAVING A VOICEMAIL) OR EMAIL PROVIDED, REGARDLESS OF WHEN IT IS RECEIVED:
▪ the potential winner must claim his/her Prize as instructed in the Notification; and
▪ the potential winner (or parent or legal guardian where applicable) will be required to correctly answer mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered at a time to be mutually agreed upon; and
▪ the potential winner (or parent or legal guardian where applicable) must accept the terms of a Declaration of Compliance and Release, which confirms compliance with these Rules and releases the Contest Sponsor and the Contest Entities from all liability with respect to the entrant’s participation in this Contest and the awarding, use and misuse of the Prize; and
▪ the potential winner (or parent/legal guardian where applicable) 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.
If a potential winner is found to be ineligible, declines to accept the Prize, cannot be located or does not respond and comply with the above requirements within three (3) days of Notification, the potential winner will be disqualified and will 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 winner. Any unclaimed Prizes throughout the Contest Period will not be awarded.
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 entry forms. Deliveries will not be made to PO Box addresses. Potential winners who win prior to the release of the XBOX ONE X console on November 7, 2017 need to allow approximately eight (8) to twelve (12) weeks for fulfillment of your Prize. Potential winners who win after the launch of the console on November 7 need to allow approximately four (4) to six (6) weeks for fulfillment of your Prize. 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.
9. Codes: Only Codes obtained from specially marked Participating Products, or from legitimate No Purchase Entry Requests (as outlined in these Rules) are eligible for this Contest and cannot be combined with codes from any other game or promotion. No Code entry will be credited for any Code deemed to be void for any reason, including without limitation, the following: Code is not verified or recognized as a valid Code issued by the Contest Sponsor in this Contest; Code is determined to be previously entered and used; or Code is incorrectly or incompletely entered or submitted. The Contest Sponsor shall have no liability or obligation to the holder of any void Code or in respect of any void Code. Notwithstanding the foregoing, the Contest Sponsor may, upon request and at its sole discretion and without obligation, elect to replace an illegible or ineligible Code with another randomly selected Code. The Contest Sponsor reserves the right to inspect and examine any illegible or ineligible Code prior to issuing a replacement.
Additional Conditions of Participation:
10. 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 and/or Contest judges, made in their 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.
11. 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.
12. 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.
13. 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.
14. If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at 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.
15. 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 Sponsor and Contest Entities, 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.
16. 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 a “win” notice 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.
17. The Contest Sponsor and the Contest Entities do not warrant that access to the Contest Website will be uninterrupted or error-free. The Contest Sponsor and 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.
18. 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.
19. 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.
20. Governing Law: This Contest is subject to all Federal, Provincial, and Municipal laws. 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 Ontario conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
21. 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.
23. Microsoft Canada Inc.: Microsoft Canada Inc. is the Prize supplier only in this Contest. Microsoft Canada Inc. 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.
®/TM PepsiCo, Inc. and related company. Used under licence.