Pepsi Giveaway (the “Giveaway”)
OFFICIAL GIVEAWAY RULES AND REGULATIONS (“Rules and Regulations”)
MTY FRANCHISING INC. (“Big Smoke Burger”)

Giveaway Period:

The Giveaway begins at 12:00 p.m. ET on August 5^th, 2025 and ends on September 30^th, 2025 at 11:59:50 p.m. ET, or while quantities last, whichever occurs first (the “Giveaway Period”).

Eligibility:

To enter and be eligible, a participant must be a resident of Canada who has reached the legal age of majority in their province of residence and in the province of the Participating Locations at the moment of entry. Despite the foregoing, franchisees, employees, officers, shareholders, directors, representatives, mandataries, and agents (including their immediate family members and members of the same household) of Big Smoke Burger and those of its affiliated companies, subsidiaries, vendors, suppliers, distributors, service providers, advertising and promotion agencies (collectively, the “Related Parties”) are not eligible to enter or participate in the Giveaway.

By participating in the Giveaway, each participant agrees to be bound by these Giveaway Rules and Regulations. Participants further agree to abide by and be bound by all decisions of Big Smoke Burger in respect of the Giveaway. All such decisions shall be final and binding upon those choosing to participate in the Giveaway.

How to Enter:

No purchase is necessary to enter or win. A purchase does not increase odds of winning.

The Giveaway will be held at all nine (9) Big Smoke Burger locations across Canada (the “Participating Location(s)”).

Entry – Purchase one (1) participating Big Smoke Burger Limited Time Offer meal (Oh, Brisket Burger; Nashville, Ontario Hot Chicken Sandwich; Oh, Brisket Poutine; or Nashville, Ontario Hot Chicken

Poutine) and upgrade your combo with any 591ml bottled Pepsi ® product to receive a scratch card (the “Scratch Card(s)”).

No-purchase entry – To participate without purchase, hand-write a legible and original letter of at least fifty (50) words explaining your favorite meal at Big Smoke Burger and why you like the Giveaway (for greater certainty, the participant must personally complete the essay and must not copy their essay from any third party, or any part thereof, nor submit that same essay, or any part thereof, more than once). The letter shall contain your full name, phone number, full address (including postal code) and email address and shall be mail to: 3380 South Service Road, Suite 202, Burlington, ON L7N 3J5. Your letter will be validated by a representative of Big Smoke Burger and you will receive a Scratch Card by mail.

Limit of one (1) Scratch Card per person per day during the Giveaway Period, and a limit of one (1) prize per household.

Any person entering this Giveaway or attempting to do so in a manner that is unfair to other participants, contrary to the Rules and Regulations or unlawful will be automatically disqualified and may be subject to any legal proceedings.

Odds:

Each Scratch Card offers a chance to win a Prize (as defined below). The total number of Prize available to be won will decrease as they are revealed and claimed in accordance with these Rules and Regulations.

One (1) random draw will be conducted to select one (1) winner from all eligible entries received during the Giveaway Period. All eligible entries will have an equal chance of winning.

Approximately Five Thousand (5,000) Scratch Cards are distributed at the Participating Locations.

Prize:

The prizes (the “Prize”) to be awarded and their approximate retail value are:

The Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. Big Smoke Burger will not replace any lost or stolen Prize. Any other costs, taxes or other expenses associated with the Prize not specified herein will be the responsibility of the recipient of the Prize.

In no event shall Big Smoke Burger be required to award more prizes than indicated in the Giveaway Rules and Regulations or to awards prizes otherwise than according to the Giveaway Rules and Regulations.

The Prize is subject to the terms and conditions of use set by the Prize provider. Additional restrictions may apply. No warranties other than those provided by the manufacturer or the Prize provider will apply. Big Smoke Burger assumes no responsibility for the Prize once it has been awarded.

Big Smoke Burger is not responsible for any printing, production, or typographical errors, or for any discrepancies or irregularities on Scratch Cards. In the event of any such error or discrepancy, Scratch Cards will be deemed null and void, and no Prize will be awarded in connection with the affected Scratch Card.

Subject to the approval of the Régie des alcools, des courses et des jeux in Québec (the “RACJ”), Big Smoke Burger reserves the right to substitute the Prize with another of equal or greater value should the Prize become unavailable.

Prize Claim Conditions:

To receive the Prize, the selected participant must fulfill the following requirements (the “Prize Claim Conditions”):

1. 1. provide a valid Scratch Card;
   2. claim the Prize on site after receiving the Scratch Card, except for AirPods and mail-in methods of entry (see below).
   3. meet the eligibility criteria and otherwise comply with these Giveaway Rules and Regulations;
   4. correctly answer the following mathematical skill-testing question:
      • Multiply 8 x 10
      • Divide by 2
      • Add 5
      • Subtract 10
   5. Provide photo ID, upon request.

Bluetooth & AirPods:

If a Scratch Card reveals the Pepsi Kodiak IPX7 Waterproof Outdoor Bluetooth Speaker or the Pepsi AirPods as a Prize, the participant must mail the original winning Scratch Card along with the following information: full name, phone number, full address (including postal code), and email address. A completed and signed Release Form (available at https://bigsmokeburger.com/wp-content/uploads/2025/07/ReleaseFormBigSmokeBurgerPepsiGiveaway.pdf ) must also be included. All required materials must be mailed to: 3380 South Service Road, Suite 202, Burlington, ON L7N 3J5 (The “Bluetooth & AirPods Claim Conditions”).

It is recommended that participants use a secure mailing method, as lost, stolen, or incomplete submissions will not be eligible for Prize fulfillment.

The AirPods Prize will be delivered to the winner by mail within approximately two (2) weeks after the selected participant has met all the Prize Claim Conditions and Bluetooth & AirPods Claim Conditions and has been successfully contacted by South Street Burger representative.

Mail-in method:

If a Scratch Card reveal a Prize after receiving it by mail from South Street Burger (other than Fries and Fountain drink), the participant must mail the original winning Scratch Card along with the following information: full name, phone number, full address (including postal code), and email address. A completed and signed Release Form (available at https://bigsmokeburger.com/wp-content/uploads/2025/07/ReleaseFormBigSmokeBurgerPepsiGiveaway.pdf ) must also be included. All required materials must be mailed to: 3380 South Service Road, Suite 202, Burlington, ON L7N 3J5 (The “Mail-in Claim Conditions”)

The Prize will be delivered to the winner by mail within approximately two (2) weeks after the selected participant has met all the Prize Claim Conditions and Mail-in Claim Conditions and has been successfully contacted by South Street Burger representative.

Any selected participant who fails to meet the Prize Claim Conditions and/or Bluetooth & AirPods Claim Condition and/or Mail-in Claim Condition will be automatically disqualified.

A selected participant’s refusal to accept the Prize under the terms of these Giveaway Rules and Regulations releases Big Smoke Burger from any obligation related to awarding the Prize to said participant.

Big Smoke Burger cannot be held liable for any change made by a selected participant to their contact information or for any email or mail that is undeliverable, not receive or claimed by someone other than the selected participant due to failure of the winner to provide an accurate email or mail address, or due to a selected participant’s spam filter, firewall or email capacity. Additionally, an email with an

“undeliverable message” shall result in the participant’s disqualification.

Cancellation, modification or Termination:

Big Smoke Burger reserves the right, at its sole discretion, to cancel, modify, suspend or termination the Giveaway, in whole or in part, in the event of human intervention or the occurrence of an event, such as system problem related to the registration of all entries, likely to alter or affect the administration, impartiality, security or running of the Giveaway as provided for in these Rules and Regulations.

Future Messages:

By providing their information to claim a Prize or via a mail-in method, each participant consents to receiving commercial electronic messages (CEMs) from Big Smoke Burger. Participants will have the option of unsubscribing to such messages by replying STOP or clicking the unsubscribe link (where available) in one of Big Smoke Burger messages.

Personal Information:

By participating in the Giveaway, each participant consents to the collection, use and disclosure of their personal information by Big Smoke Burger and/or its authorized agents for the purposes associated with the Giveaway and in accordance with applicable privacy laws. Personal information may be used by or shared amongst Big Smoke Burger and its subsidiaries or affiliates, or shared by Big Smoke Burger with third parties in accordance with our Privacy Policy available at https://mtygroup.com/en/privacy–policy/.

In accepting a prize, a winner authorizes the Big Smoke Burger and its representatives to use, if need be, his/her name, address (city, province), voice, statements, photo, likeness and other representations and recording for advertising purposes in all media including, but not limited to, the Internet, without further notice or compensation. Each participant may be required to sign a document to that effect.

Third Parties:

This Giveaway is in no way sponsored, endorsed, administered by or associated with PepsiCo Canada ULC, Facebook, Instagram, X (previously Twitter), TikTok or any other third-party website (the “Third Parties”). By participating in the Giveaway, all participants release the Third Parties from and against any claim, loss, damage, or cause of action arising out of (or related to) their participation in the Giveaway.

PepsiCo Canada ULC is a prize supplier only and is not a sponsor of this Giveaway.

Releases:

Each participant releases and holds harmless the Related Parties, Big Smoke Burger, Participating Locations and the Third Parties (the “Released Parties”) from any liability, loss, harm, cost, fee, expenses claims, demands, actions, and causes of action arising directly or indirectly, in whole or in part, as a result of their: (i) participation in the Giveaway; (ii) acceptance, possession, use or misuse of the Prize; (iii) the collection, use, and disclosure of their personal information; (iv) delivery delays, lost mail, or undeliverable shipments; (v) damage to persons or property; and (vi) late, misdirected, lost, illegible, or incomplete entries; and (vii) printing, production, or typographical errors, or for any discrepancies or irregularities on Scratch Card. In order to be declared a winner, selected participants, when applicable, will have to sign a Release Form confirming their compliance with the Giveaway Rules and Regulations and this release of liability in favor of the Released Parties.

Limitation of liability:

Without limiting the generality of the above release, the Released Parties disclaim any and all liability for any of the following: (i) any misprint (or other error) found in the offer or documents regarding the administration of the Giveaway, including, but not limited to, errors in the promotion, official Giveaway Rules and Regulations, announcement of the winner(s), awarding of the prize(s), or any malfunctioning of or problems or technical difficulties with any networks, phone lines, SMS systems, computer component, software or communications line, loss or lack of network communications, or any transmission that is faulty, incomplete, incomprehensible or erased by any computer, server or service provider or software, virus, bug, PC failure, software and hardware configuration, or failed transmission of any email or other communication to Big Smoke Burger or to a participant for whatever reason, including any network congestion or web site crash that may limit a person’s ability to participate in the Giveaway; (ii) late, lost, stolen, damaged, undelivered, improperly delivered, incomplete or inaccurate entries; (iii) failure to receive entries due to transmission problems or any other technical failure, including, but not limited to, the malfunctioning of any network, server, service provider, hardware or software, whether attributed to the sender or the recipient that may limit or prevent a person’s participation in the Giveaway; (iv) any damages that may be caused, directly or indirectly, in whole or in part, notably to participant’s or other person’s system or device, by any Web page, software or other download or by the transmission of any information concerning the Giveaway.

Disqualification

Participants who do not comply with these Rules and Regulations are subject to be excluded from this Giveaway and any future giveaways, contests, and promotions held by Big Smoke Burger (or any other brand of MTY Franchising Inc. or its affiliates) may hold, including, but not limited to, any entrant guilty or suspected: (i) of tampering with materials, entry forms, entry processing or the Giveaway’s conduct or any technical or mechanical element of the Giveaway, or (ii) of deliberately damaging Giveawayrelated Web sites, Web pages or applications or of sabotaging the legitimate conduct of this Giveaway, or (iii) of breaking these Rules and Regulations, or (iv) of using means that do not comply with the Rules and Regulation or are unfair to other participants, or (v) to have obtained entries exceeding the authorized limit provided in the Rules and Regulations, or (vi) to have used several names, identities, email addresses and/or any automated system or program to enter or participate in the Giveaway, or (vii) to have disrupted the conduct of the Giveaway in any other way, or (viii) of acting unfairly or to adversely affect, annoy, abuse, threaten or harass another person. ANY ATTEMPT BY A PARTICIPANT OR OTHER PERSON TO DELIBERATELY DAMAGE A WEB SITE, EQUIPMENT, APPLICATION OR TECHNOLOGY USED FOR THE GIVEAWAY OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE GIVEAWAY CONSTITUTES A VIOLATION OF CIVIL AND CRIMINAL LAWS. BIG SMOKE BURGER RESERVES THE RIGHT, IN SUCH CASE, TO REPORT SAID PERSON TO THE AUTHORITIES AND DEMAND FROM SAID PERSON ALL DAMAGES ALLOWED BY LAW.

Website Operation:

Big Smoke Burger makes no guarantees that the Giveaway website will be accessible or operational without interruption during the Giveaway Period, or that it will be free of any errors.

Modification and Termination:

Big Smoke Burger reserves the right, in its sole discretion, subject only to the approval of the RACJ, if applicable, to modify, cancel or suspend this Giveaway should an event beyond its reasonable control corrupt the security or proper administration of the Giveaway. Big Smoke Burger, with the consent of the RACJ, if applicable, reserves the rights to cancel, amend or suspend this Giveaway, or to amend these Rules and Regulations, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the foregoing, Big Smoke Burger reserves the right, in its sole and absolute discretion, to administer an alternative skill-testing question as it deems appropriate based on the circumstances and/or to comply with applicable law.

Participant Identification:

For the purposes of these Giveaway Rules and Regulations, the participant refers to the individual whose name is listed on the registration form. The Prize will be awarded to this person if they are selected and confirmed as the winner. In case of any dispute regarding the identity of the person who submitted the registration form, it will be assumed that the entry for the Giveaway was made by the registered account holder associated with the email address provided at the time of submission. The term “Account Holder” refers to the person to whom an email address has been assigned by the Internet or online service provider, or by any other entity responsible for assigning email addresses within the domain linked to the provided email.

For Quebec Residents Only:

Any litigation respecting the conduct or organization of this Giveaway may be submitted to the RACJ for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

Miscellaneous:

If a section of the Giveaway Rules is declared invalid or unenforceable by a court of competent jurisdiction, that section shall be considered invalid; all unaffected sections will remain valid.

All trademarks are property of their respective owners.

Governing Law:

The Giveaway is governed by the laws of the province of Ontario and the federal laws of Canada applicable therein. By entering the Giveaway, participants unconditional agree to these Giveaway Rules and Regulation and the decisions of Big Smoke Burger, which are final and binding in all matters related to the Giveaway. To the extent permitted by law, each participant agrees that any judicial proceeding arising out of or related to the Giveaway shall take place in a provincial court located in Ontario.

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