terms of use

Effective Date: June 1, 2020

PepsiCo Canada ULC (“PepsiCo Canada”) maintains this site ("the Site") for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms of use before doing so.

This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned or used under license by PepsiCo Canada (the "Trademarks").

Your access to and use of the Site is subject to the following terms of use ("Terms of Use"). PepsiCo Canada may revise these Terms of Use at any time by updating this posting. By using this site, you agree that You are bound by these Terms of Use, including any amendments that may be made from time-to-time. You should periodically visit this page to review the then current Terms of Use to which you are bound.  If you do not agree to these Terms of Use, then please do not use the Site.

Terms of Use 

1. You should assume that all materials, designs, text and images (collectively, the "Materials") contained in the Site are either the copyrighted property of PepsiCo Canada, unless otherwise noted, or are the copyrighted property of third parties. PepsiCo Canada neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with PepsiCo Canada.

2. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video.

3. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of PepsiCo Canada and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.

4. While PepsiCo Canada uses reasonable efforts to include accurate and up-to-date information in the Site, PepsiCo Canada makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.

5. Information in the Site is subject to change without notice. Information regarding PepsiCo Canada's products and services is applicable only in Canada unless otherwise noted. Some products and services may not be available in certain areas. PepsiCo Canada makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from Canada. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.

6. Use of and browsing in the Site is done at user's own risk. Neither PepsiCo Canada nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties or conditions.

7. In connection with your use of this Site, you agree to indemnify and hold harmless PepsiCo Canada, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, losses, and expenses arising from (a) your violation of these Terms of Use and (b) any third party right including, without limitation, any copyright, property, or privacy right.

8. From time to time, PepsiCo Canada may ask that you transmit to the Site by electronic mail your feedback on PepsiCo Canada’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by PepsiCo Canada, (b) become the property of PepsiCo Canada and PepsiCo Canada shall exclusively and hereinafter own all rights, title and interest therein, and (c) used without restriction by PepsiCo Canada or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, PepsiCo Canada shall be under no obligation to respond to any such communication.

9. Notwithstanding the foregoing, PepsiCo Canada maintains a long-standing policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions"), and therefore, you should not make any Submissions to PepsiCo Canada in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of PepsiCo Canada and PepsiCo Canada shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, PepsiCo Canada shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. PepsiCo Canada shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future PepsiCo Canada uses or activities.

10. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms of Use, PepsiCo Canada and/or its licensors will aggressively enforce its/their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

11. This Site may link to other sites not maintained by or related to PepsiCo Canada. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the product and services of PepsiCo Canada. PepsiCo Canada has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.

12. In the event that PepsiCo Canada may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, PepsiCo Canada is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that would constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. PepsiCo Canada will fully cooperate with any law enforcement authorities or court order requesting or directing PepsiCo Canada to disclose the identity of anyone posting any such information or materials.

13. All offers set forth on the Site are void where prohibited and are subject to the posting of any terms pertaining to such offers.

14. These Terms of Use shall be governed and interpreted under the laws in effect in the Province of Ontario. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use set forth the entire understanding and agreement between you and PepsiCo Canada with respect to the Site. You acknowledge that any other agreements between you and PepsiCo Canada with respect to the Site are superseded and of no force or effect.