PEPSI® HOCKEY’S BACK 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 resident of Canada at time of entry. Must be age or majority or older to enter.
1. Sponsor: The sponsor of this Contest is PepsiCo Canada ULC (the “Contest Sponsor”).
2. Contest Period: Starting July 14, 2020 at 12:00:01 am Eastern Time (ET) and ending October 3, 2020 at 11:59:59 pm ET (the "Contest Period").
3. Eligibility: This Contest is open to residents of Canada, who have reached the age of majority in their province/territory of residence. This Contest is not open to officers, directors, employees, representatives and agents of the Contest Sponsor, 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, the NHL Entities (defined in Section 26) or the NHLPA (defined in Section 26), (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.
4. How To Enter: During the Contest Period, unique Codes (valid for one (1) entry each) will be under the cap of specially marked Pepsi®, Diet Pepsi® and Pepsi® Zero Sugar 2L and 591mL bottles and inside specially marked cartons (the “Participating Products”). While supplies last. Not all products and package sizes are available in all areas. To request a unique Code without purchase, see Section 5 below. To enter the Contest, visit www.Pepsi.ca/hockeysback (the “Contest Website”) during the Contest Period. Enter your unique Code(s) where prompted and follow the instructions to register by providing your valid first and last name, email address, date of birth, eligibility status, correctly answering a time-limited, mathematical skill-testing question, and confirming you have read, understood and agree to comply with these Rules. Only one (1) email address may be used per person to participate in the Contest. 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. Maximum ten (10) entries per person per day. All entries must be received by 11:59:59 PM ET October 3, 2020. Subsequent attempts to re-submit or re-use the same Code will be void and ineligible for entry.
Bonus Entry: Following your entry with a valid Code, you will be prompted to make a bonus entry using a Pepsi Hockey’s back Instagram filter. To receive one (1) additional entry into the Grand Prize draw (as detailed in Section 6 below), take a photo using the filter and submit a post on your Instagram newsfeed, accompanied by the hashtag #HockeysBackContest. The post must appear in the main Instagram newsfeed, not on stories, and your profile must be set to public. The post must be visible at the end of the Contest Period. Maximum one (1) Instagram post entry per person per day.
Valid Instagram post entries must comply with the following:
(a) Be primarily in English and/or French;
(b) Be an original work, created by the participant, over which the participant has all necessary rights, title and interest, including copyright;
(c) Not use, or be confusingly similar to, the brand names, trade names, trademarks or logos of any third parties;
(d) Not contain or make any reference to any branded food or beverage products other than PepsiCo products;
(f) Have permission of any third parties (and for minors, their parent or legal guardian’s permission) used in the image and likeness;
(g) Be from an identifiable source. 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;
(h) Not defame, misrepresent or contain disparaging remarks about PepsiCo, any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Contest Entities, as determined by the Contest Sponsor in its sole discretion;
(i) Be suitable for family audiences, including without limitation for display and publication on packaging and national television, as determined by the Contest Sponsor in its sole discretion;
(j) Not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by the Contest Sponsor in its sole discretion;
(k) Not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(l) Must include the #HockeysBackContest hashtag; and
(m) Not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.
By making a #HockeysBackContest Instagram post, you warrant and represent that it: (i) is an 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 post via various media, including without limitation publicly on the Internet, will not infringe the rights of any third party. You also agree to indemnify and hold the Contest Entities harmless from any claims to the contrary.
5. NO PURCHASE NECESSARY. Purchase is not required and does not enhance a person’s chance of winning. To obtain 1 (one) no purchase unique Code, provide an original written submission (min 25 words) describing what you love about PepsiCo products, along with your name, province, age, phone number (with area code) and email address (the “No Purchase Request”) and mail it to “PEPSI HOCKEY’S BACK C/O MRI P.O Box 3265 Oak Park, IL 60303-3265”. Within two (2) business days of receipt of a No Purchase Request, the Contest Sponsor’s representative will send to you one (1) randomly-selected unique Code 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. Maximum ten (10) entries per person per day. All No Purchase Requests must be received no later than September 30, 2020. No Purchase Requests mechanically reproduced or made in any fashion other than as specified herein are void. Each unique Code received via email can only be used to enter the Contest once. Sponsor and its representatives are not responsible for illegible, lost, late, misdirected, damaged, postage-due, incomplete, unintelligible or undelivered mail, No Purchase Requests or Codes.
6. Grand Prize and Draw: There is one (1) Grand Prize (the “Grand Prize”) available to be won, consisting of the following elements, with an approximate retail value of $15,000:
(i) The Stanley Cup® will be delivered to the Grand Prize winner’s home in Canada by the authorized Stanley Cup® representative on a date between January and April, 2021 during a pre-determined timeframe established by the Contest Sponsor and the NHL Entities in their sole and absolute discretion. At this event, the Grand Prize winner can host his/her own party for a maximum of ten (10) people (the Grand Prize winner and nine (9) guests). The number of guests present at the party may be subject to change at the sole and absolute discretion of the Contest Sponsor and the NHL Entities). The Contest Sponsor and/or its agent reserve the right to assess the Grand Prize winner’s residence to determine the suitability of same with respect to the party. If, for any reason, the Contest Sponsor (in its sole discretion) determines that the Grand Prize winner’s residence is not suitable to host the party as described, the Contest Sponsor will make best efforts to provide alternative arrangements, including but not limited to, hosting the party at a site other than the Grand Prize winner’s residence. The Contest Sponsor reserves the right, in its sole and absolute discretion, to alter, substitute or modify the Grand Prize (or any component thereof) without prior notice for any reason. The Contest Sponsor will arrange for all food and beverages to be served at the party for ten (10) people. No alcohol will be served at the party, and no other food and beverage items, other than those provided by the Contest Sponsor, will be permitted during the party. The party timeframe will equate to approximately three (3) hours, exclusive of set-up time. Notwithstanding anything to the contrary contained in these Rules, the timing of the Stanley Cup® delivery, and the duration of its appearance at the party, shall be determined by the NHL Entities in their sole and absolute discretion. Date of party may be subject to change due to unforeseen circumstances at the Contest Sponsor’s and NHL Entities’ sole and absolute discretion.
(ii) The following items are also included as part of the Grand Prize:
- 50” LED 4K/Smart TV;
- Surround sound home theatre system;
- Pre-paid redemption code to cover one (1) year subscription to Rogers NHL LIVE™ (subject to terms and conditions);
- NHL®-branded merchandise for Grand Prize winner’s home to a maximum value of $2,300 (Grand Prize winner will have the ability to select team-specific merchandise, subject to availability);
- Four (4) of each of the following NHL®-branded items: Officially licensed NHL® Jersey, Officially licensed NHL® Hoodie, Officially licensed NHL® Scarf, Officially licensed NHL® Toque, Officially licensed NHL® T-shirt and Officially licensed NHL® Hat (Grand Prize winner will have the ability to select team-specific merchandise, subject to availability);
- Ten (10) Puck Display Cases, consisting of one (1) Officially licensed NHL® puck from each NHL® team (one for the Grand Prize winner and each of his / her guests) or alternate custom gift for Grand Prize winner and each guest as mutually agreed upon by Grand Prize winner and Contest Sponsor (maximum value of $100 per custom gift);
- A year’s supply of free product coupons valid for Pepsi® products, consisting of fifty-two (52) Pepsi® soft drink coupons; and
- Six (6) Pepsi® branded glasses (drink ware).
The Grand Prize does not include any costs related to hydro use or cable services, which are the sole responsibility of the Grand Prize winner. The Grand Prize does not include transportation for guests to or from the party. Without limiting any of the foregoing, the Grand Prize includes only those elements specifically described above. Any and all other expenses not expressly provided above as being included in the Grand Prize are the sole responsibility of the Grand Prize winner.
The Grand Prize winner must ensure that no local or city occupancy code maximums, fire restrictions or other by-laws or legal restrictions will be violated by holding the party at the Grand Prize winner’s place of residence, and, where the potential Grand Prize winner is not the registered owner of his/her place of residence, must also provide to the Contest Sponsor the prior written consent of the registered owner thereof to the holder of the party, in form and substance satisfactory to the Contest Sponsor. The number of guests allowed at the party may be decreased, at the Contest Sponsor’s or the NHL Entities’ sole and absolute discretion, in the event the total number of guests present at the party would, in the view of the Contest Sponsor, violate any local or city occupancy code maximums, fire restrictions or other by-laws or legal restrictions.
The Stanley Cup® will be used for display purposes only at the Grand Prize winner’s residence, and the Grand Prize winner and guests (and/or the parent or legal guardian of any guest under the age of majority in his her province of residence) must agree, in form satisfactory to the Contest Sponsor and the NHL Entities, in their sole and absolute discretion, to abide by all rules governing use of the Stanley Cup® as determined from time to time by the Hockey Hall of Fame and/or the NHL Entities. The Stanley Cup® may not be moved by anyone other than the authorized representative. No food or drinks shall be placed in or near the Stanley Cup®. The authorized representative accompanying the Stanley Cup® will have the final and absolute right to determine what is acceptable while the Stanley Cup® is at the Grand Prize winner’s residence, including any use of camera or video equipment for the purposes of capturing imagery of the Stanley Cup®. The Stanley Cup® will only be at the Grand Prize winner’s residence for a period of no more than three (3) hours, and the authorized representative shall have the sole discretion to determine when the Stanley Cup® will be removed from the Grand Prize winner’s residence.
The Grand Prize winner and all guests need to comply with hosting protocol established by the Contest Sponsor, the NHLPA and the NHL Entities, governing the behaviour of the Grand Prize winner and guests. The Grand Prize winner must supply a guest list to the Contest Sponsor at least five (5) days in advance of the party. The Grand Prize winner and all guests (and/or the parent or legal guardian of any minor guest) will be required to sign the Contest Sponsor’s form of Release and Acknowledgement prior to the party, and all executed documents must be received by the Contest Sponsor no later than 5:00 pm ET two (2) days prior to the party. If the Contest Sponsor determines at any time that the Grand Prize winner is not complying with the conditions and protocols described in these Rules, the Grand Prize may be forfeited.
Grand Prize Draw: On October 5, 2020, the Grand Prize draw will be conducted by the Contest Sponsor’s authorized representative, located at 1144 Lake Street, #301, Oak Park, IL, USA 60301. No responsibility is assumed by the Contest Sponsor for any inability of a potential entrant to successfully enter any Draw for any reason or for a Grand Prize that remains 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. Odds of winning the Grand Prize depend on the total number of eligible entries received throughout the Contest Period.
7. How To Claim the Grand Prize: The potential winner will be notified by email at the email provided upon entry, or by Direct Message if the potential winning entry was submitted on Instagram, together with instructions on how to claim the Grand Prize. This notification (the “Notification”) will occur within two (2) business days after the Grand Prize 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 the Grand Prize as instructed in the Notification; and
- the potential winner will be required to correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered at a time to be mutually agreed upon;
- the potential winner 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 Grand Prize; and
- the potential winner may be required to furnish proof of identification that may include a driver’s license or other form of government-issued picture identification as part of the verification process.
If a potential winner is found to be ineligible, declines to accept the Grand Prize, cannot be located or does not respond and comply with the above requirements within three (3) business days of Notification, the potential winner will be disqualified and will forfeit the Grand 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 Grand Prize throughout the Contest Period will not be awarded.
Grand Prize winner and guests must abide by all Grand Prize policies, terms and conditions. The Contest Sponsor reserves the right to revoke the full or partial prize from the Grand Prize winner or his/her guests who the Contest Sponsor or authorized representative deem, in their sole discretion, may be intoxicated, be a safety risk, have violated any policy or law, or bring the Contest Sponsor or the NHL Entities into disrepute.
8. Instant Win Prizes: There are 4,816 Instant Win Prizes available as set out in the table below.
|Instant-Win Prize||Number Available|
Randomly-selected times, during the Contest Period, will be chosen by the Contest Sponsor, and the first entrant to enter a valid Code in accordance with these Official Rules whose entry is properly received and recorded by administrator's computer on or immediately after a randomly-selected time during the Contest Period will be eligible to win an Instant Win Prize (subject to verification). Odds of winning an Instant Win Prize depend on when the Code is entered. Instant Win Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except at the Contest Sponsor’s sole discretion.
9. How To Receive An Instant Win Prize: Each winner will be notified instantly by an on-screen message at the time they enter their Code and the Instant Win Prize will be sent by email in the form of an online code to be redeemed at NHLShop.ca. Instant Win Prizes will be delivered within five (5) business days of notification.
10. General Conditions Applicable to All Prizes: Grand Prizes and Instant Win Prizes (collectively, “Prizes”) will only be delivered to winners who have been verified and have complied with these Rules. Please allow five (5) business days for fulfillment of an Instant Win 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 shipping. Winners bear all risk of loss or damages to any Prize after delivery. Prizes must be accepted as awarded, cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsor, which reserves the right for any reason to award or substitute the Prize, or part thereof, of equal or greater value, including without limitation, a cash award.
11. 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.
12. Additional General Conditions Of Participation: 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.
13. By accepting any 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Governing Law: This Contest is subject to all Federal, Provincial, and Municipal laws. EXCEPT WITH RESPECT TO RESIDENTS OF THE PROVINCE OF 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 Ontario conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
23. 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.
25. NHL®/NHLPA: For the avoidance of doubt, the National Hockey League (“NHL”) and its Member Teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V. and NHL Interactive CyberEnterprises, LLC (such NHL and NHL Member Team entities, collectively, the “NHL Entities”), the National Hockey League Players’ Association (the “NHLPA”), and each of their respective subsidiaries, affiliates, shareholders, members, officers, directors, agents, representatives and employees will have no liability or responsibility for any claim arising in connection with participation in the Contest or any prize awarded. Neither NHL Entities nor the NHLPA have offered or sponsored the Contest in any way.
NHL, the NHL Shield, and the word mark and image of the Stanley Cup are registered trademarks and NHL LIVE is a trademark of the National Hockey League. © NHL 2020. All Rights Reserved.
National Hockey League Players’ Association and NHLPA are registered trademarks of the National Hockey League Players’ Association and are used under license. © NHLPA. All rights reserved.
Pepsi® - PepsiCo, Inc. Used under licence.