TERMS & CONDITIONS LAYS CHIP TRIPS
The Lay’s® Chip Trips Promotion (the “Promotion”) is offered by Frito Lay® Canada, a division of PepsiCo Canada ULC (the “Promotion Sponsor”). The Promotion is open to legal residents of Canada over the age of majority in your province/territory of residence. Employees of the Promotion Sponsor’s packaging suppliers, and those with whom those employees reside, are not eligible to participate in the Promotion. Individuals only; no corporations, associations or groups.
By registering to participate in this Promotion, and your continued participation in it, you agree to be bound by these Terms and Conditions and all decisions of the Promotion Sponsor which shall be final and binding in all matters related to the Promotion. If you do not agree with these Terms and Conditions, your only recourse is not to register for, or participate in, the Promotion.
HOW TO REGISTER AND COLLECT POINTS
Find a unique code (a “Promotion Code”) on specially-marked packages of Lay’s ® potato chips (40g - 465g). Each Promotion Code is unique and can only be used once. Each Promotion Code can be redeemed for points (“Points”) under the Program. The amount of Points that can be collected per Promotion Code will vary depending on the size of package purchased.
The Promotion begins on or about March 1, 2010 and ends at 8:00 AM (ET) on December 31, 2010 (the “Promotion Period”). To register and redeem Promotion Codes for Points, go to www.lays.ca (the “Website”) during the Promotion Period. Follow the links and the instructions on-screen to register and to enter your Promotion Code(s) to collect Points in your Promotion account. Limit: One (1) registration per person. Each person must use a different email address to participate in the Program.
Promotion Codes may be also be redeemed for Points by texting the Promotion Code to short code 777777. You will receive a confirmation text, and may have the option to request to receive reminders and updates about the Program via text messaging. Standard text messaging charges of your carrier will apply. Text charges depend on network operator and the terms of your service contract. To opt out of receiving future text messages, text STOP to 777777. For information, text HELP to 777777 or click here. If you have already registered, Points will be added to your Promotion account with twenty-four (24) hours. If you have not already registered, you must register on the Website before you will be able to redeem Points. Limit one (1) cell phone account may be registered to any Promotion account. A maximum of five (5) Promotion Codes may be added per cell phone account per day.
Collect Points in your Promotion account until you have enough to redeem your Points for a Chip Trip offer. All Chip Trip offers and Points must be redeemed by the end of the Promotion Period. At the end of the Promotion Period, all remaining Promotion Codes and Points will expire and will be void.
Internet access is required. Participants must register on the Website. Promotion Codes will not be accepted for redemption except on the Website or by text message, in accordance with the instructions on the Website and these Terms and Conditions.
POINT REDEMPTION AND CHIP TRIP OFFERS
When you have collected enough Points in your Promotion account for your chosen Chip Trip offer, follow the instructions on the Website to redeem.
Chip Trip offers may be subject to individual redemption deadlines and other additional terms and conditions of the Promotion Sponsor’s partners (the “Promotional Partners”) extending the offers. These additional terms and conditions are available on the Website and incorporated into these Terms and Conditions by reference. The number of Points required for each Chip Trip offer may vary. Chip Trip offers must be booked in advance and may be subject to availability and other limitations.
Chip Trip offer availability is subject to change at any time without notice. For a summary of the Chip Trip offers available and the number of Points required click here. For a full list of the Promotional Partners, click here.
It is your responsibility to check the availability of your Chip Trip and any specific restrictions on the Website, and with the Promotional Partner, before you redeem your Points for a Chip Trip offer. In certain Chip Trip offers, you may be issued a booking reference (“Booking Reference”) when you redeem your Points, which you must then use to book the offer directly with the Promotional Partner. A Booking Reference is not confirmation of an actual booking, and may be subject to expiry or availability. Promotional Partners have the right to charge the full price if a Booking Reference is not used to book the Chip Trip offer, or if the Booking Reference is not presented upon arrival. Failure to claim a booked Chip Trip offer will result in forfeiture of that offer.
Booking References and Chip Trip offers are non-transferable, non-refundable and cannot be exchanged for any cash alternatives, in whole or in part. The Promotion Sponsor accepts no liability for lost or stolen Booking References or other Chip Trip offer certificates, vouchers or confirmations. Only one Chip Trip offer voucher can be used per person per visit and per transaction. Voucher must be presented upon entrance to the venue. Photocopies or other reproductions will not be accepted.
Once Points have been deducted from your account when you redeem for a Chip Trip offer, Points cannot be credited back to your account. All Chip Trip offer redemptions are final. If you do not book using a Booking Reference, or do not use your Chip Trip offer prior to expiry as set by the Promotion Partner, the Chip Trip offer will expire, and you will forfeit that Chip Trip offer and the Points used to claim it.
You are responsible for and must pay for all administration charges, taxes and service fees (including sales, GST/HST, or other taxes), and other costs or charges, which may be imposed or collected with respect to your Chip Trip offer at time of redemption. Please read the Terms and Conditions of the Promotional Partners carefully.
POINTS, ACCOUNTS AND PROMOTION CODES
Points cannot be purchased, have no monetary value, and cannot be exchanged or redeemed for cash. Use of the word "earn", or similar terms in marketing materials in relation to the Promotion shall mean "collect" and shall not infer that the Points have any value until they are presented for redemption. Points can only be redeemed for Chip Trip offers. Points do not constitute property of the participant and are not transferable upon death, as part of a domestic relations matter, or otherwise. Points may be revoked by Promotion Sponsor at any time in accordance with these Terms and Conditions.
Promotion Codes, Points, accounts and Booking References are subject to verification and will be void if forged, counterfeited, altered, tampered with, or irregular, or if not obtained in accordance with these Terms and Conditions.
Each participant must register and create a Promotion account him or herself. Promotion Codes must be entered and Points must be redeemed by the registered participant him or herself. Use of automatic devices is strictly prohibited. Keep your username and password confidential. You are solely responsible for any activity that takes place under your Promotional account.
The Promotion Sponsor reserves the right to terminate without notice the account of any person who it reasonably suspects has not fully complied with any of these Terms and Conditions. Attempts by one individual to establish more than one (1) Promotion account may result in deletion of one or more such accounts without prior notice. Attempts to enter the same Promotion Code more than once, to create more than one account per person, or any other suspected violation of these Terms and Conditions may result in the relevant account being frozen without prior notice for 48 hours. Repeated frozen accounts will be investigated and may be deleted without prior notice. The Promotion Sponsor’s decision to freeze and/or delete any account is final. If your account is frozen, you will be unable to collect or redeem Points. If your account has been deleted, you will forfeit the use of the Points in it, will not be able to re-open it and will not therefore be able to participate in the Promotion any further.
Attempting to gain access to someone else's account and/or account information, or trying to obtain, generate, or guess another users account information is strictly forbidden and should any participant attempt to do this, his or her account will be deleted and he or she will be prohibited from participation in the Promotion. If this happens, the offending participant will forfeit all Points in his/her account and will not be permitted to participate in the Promotion any further. The Promotion Sponsor reserves the right to take further action.
PRIVACY
For information about how the Promotion Sponsor may collect, use, disclose and otherwise manage your personal information in this Promotion,
click here
and review the terms of our Privacy Policy.
RELEASE; LIMITATIONS OF LIABILITY
By registering and participating in this Promotion, participant releases, discharges, indemnifies and agrees to hold harmless Released Parties (defined below) from any claims, damages or liability due to any injuries, damages or losses to any person or property resulting in whole or in part, directly or indirectly, from participation in this Promotion or any Promotion or Chip Trip offer-related activity or merchandise. Released Parties will not be liable for: (a) any incomplete or inaccurate information, whether caused by Website users or by any equipment or programming associated with or utilized in the Promotion, or by any technical or human error that may occur in the processing of Promotion Codes, Points, or Booking References; (b) the theft, destruction or unauthorized access to, or alteration of, entries or the Website or any account; (c) any problems with, or technical malfunctions of, telephone or cell phone networks or lines, computer systems, servers or providers, computer equipment, software, viruses, trojan horses, worms, or bugs; (d) any failure of any electronic submission to be received by or from Promotion Sponsor or a Promotion Partner for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; or (e) damage to an entrant’s or other person’s system occasioned by participation or downloading of materials in this Promotion.
The Promotion Sponsor and/or Promotional Partners do not guarantee continuous, uninterrupted or secure access to the Website, or any third party sites related to Chip Trip offers. The Promotion Sponsor does not accept responsibility for any technical or other problems that mean participation is impossible or delayed, or redemption requests are not received or processed for any reason whatsoever. Proof of sending or entering, including screen shots does not constitute receipt.
The Promotion Sponsor and/or Promotional Partners will not be liable for any delayed or non-delivery of emails to participants. It is the responsibility of the Registered User to check that emails from the Promotion Sponsor or its Promotional Partners will not be automatically classed as "junk" or "spam" and sent to the user's junk mail filter or otherwise filtered or deleted.
Individuals taking part in any of the Promotional Partners' offers contract directly with the Promotional Partner and as such take part in activities at their own risk and the Promotion Sponsor accepts no liability for any loss, damage, defect, injury, death or expense related to any Chip Trips offer, or for your Chip Trips offer not turning out as you expected for whatever reason. Offers, including their description as it appears on the Website, are extended by third party Promotional Partners. Promotion Sponsor is not responsible for the accuracy, validity, or availability of any Chip Trip offer. Participants should contact the Promotional Partner directly with respect to any questions related to a particular Chip Trip offer.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PROMOTION SPONSOR, ITS PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTION OR ANY OFFERS MADE AVAILABLE THROUGH THE PROMOTION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROMOTION SPONSOR SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PROGRAM. Some provinces do not allow limitations on implied warranties or certain damages, so the above limitation may not apply to you.
ERRORS, ETC.
Despite our best efforts to ensure accuracy, errors occasionally occur. Promotion Sponsor cannot guarantee that the Website is free of errors, inaccuracies or omissions. Further, you are solely responsible for accuracy and security of your account of your account. To report an apparent discrepancy, please contact our Consumer Response Centre at 1-800-376-2257, weekdays 10:00 AM (ET) to 5:30 PM (ET). The Promotion Sponsor reserves the right to correct errors at any time, even if it affects Points or pending Chip Trip offer redemption. Promotion Sponsor reserves the right to add, withdraw, amend or replace a Chip Trip offer without prior notification at any time for any reason whatsoever.
TERMINATION / CANCELLATION
If, for any reason, this Promotion is not capable of running as planned the Promotion Sponsor reserves the right to cancel, terminate, modify or suspend the Promotion, in whole or in part. This includes, but is not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Sponsor. If you disagree with any amendments to the Promotion or to these Terms and Conditions, your sole recourse will be to terminate your participation in the Program.
BREACH OF TERMS AND CONDITIONS
The Promotion Sponsor reserves the right in its sole discretion to disqualify any person who corrupts or affects the administration security, fairness, integrity, or proper conduct of this Promotion, who tampers with the entry process, or may benefit from such tampering. The Promoter reserves the right to suspend individuals, freeze and/or delete any individual's accounts, where the individual is suspected of interfering with any information. This includes, but is not limited to, the use of software to generate false accounts, guess or generate codes. If such activity is suspected the Promotion Sponsor will delete the offending accounts, and all accrued points and rewards obtained will be forfeited.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, PROMOTION SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. All decisions regarding the interpretation of these Terms and Conditions shall be at the sole discretion of the Promotion Sponsor, and shall be final and binding in all respects.
In no event shall the Promotion Sponsor’s liability with respect to the Promotion, including liability for negligence or breach of contract, be greater than the value of the Points claimed at the time the dispute arose.
Any proceedings relating to matters regarding the Program shall be brought exclusively in the courts of the City of Toronto in the Province of Ontario and orders of such Ontario courts shall be binding on you and the Program Sponsor.
GENERAL
The Website may contain links to other Internet sites, including those of our Promotional Partners, that are provided for your convenience. Such other sites are controlled by third parties. The Promotion Sponsor has no control over the content of such other sites, and makes no representations, warranties or endorsements of any kind with respect to such sites, or with respect to the products, services, content or appropriateness of the content on such sites. Use of such sites shall be entirely at your own risk. Please note that such third party sites will also be governed by the terms of use and privacy policies governing such sites.
In the event of a dispute as to the identity of the person participating in the Promotion, the authorized account holder of the e-mail address submitted at registration will be deemed to be the participant. The "authorized account holder" is the natural person assigned an e-mail address by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. As a participant in this Promotion, you may be required to show proof of being the authorized account holder.
The Promotion is valid in Canada only. Void where prohibited.
Any applicable federal, provincial, local employment or other taxes associated with the collection or redemption of Points, or the receipt or use of Chip Trip offers, are the sole responsibility of the participant, and Promotion Sponsor will not be liable or responsible for any tax consequences which may flow from participation in the Promotion.
Headings in these general terms and conditions are for convenience only and are not to be taken into account in the interpretation of any of the terms set out in these terms and conditions.
Promotion Sponsor's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision or any other provision.
These Terms and Conditions shall be deemed severable. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
® LAY’S is a trademark used under licence by Frito Lay® Canada © Frito-Lay® North America, Inc. 2010