OFFICIAL CONTEST RULES

1. KEY DATES:

The Mountain Dew® Baja Midnight™ in Canada contest (the “Contest”) begins on July 13, 2026, at 10:30:00 a.m. Eastern Time (“ET”) and ends July 22, 2026, at 11:59:59 p.m. ET (the “Contest Period”).

2. ELIGIBILITY TO ENTER:

The Contest is open to residents of Canada (excluding residents of Quebec) who have reached the legal age of majority in their province or territory of residence at the time of entry; except employees, officers, directors, representatives or agents (and those with whom such persons are domiciled, whether related or not) of TB Canada Company (the “Sponsor”) its parent, affiliated and related companies, and consulting, advertising and promotion agencies, prize suppliers, advertising/promotion agencies and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. INSTAGRAM NOT INVOLVED:

To be eligible to participate in this Contest, your applicable Account (defined below) must be set to receive direct messages from the Sponsor. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram (the “Social Platform” or “Instagram”). The Social Platform is hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to the Social Platform. You may only use one (1) Instagram account (each, an “Account”) to participate in this Contest. To be eligible to earn an Entry (defined below) in this Contest, your applicable Account must be set to allow your Entry to be viewed by the public and to receive direct messages from the Sponsor (including without limitation, to receive Prize (defined below) notification messages, if applicable).

5. HOW TO ENTER:

NO PURCHASE NECESSARY. To earn an entry (each, an “Entry” and collectively “Entries”) in the Contest during the Contest Period you must log-in to your Account and follow or be following both the Sponsor’s official @tacobellcanada Account (the “Sponsor Account”) and @dewcanada (the “Mountain Dew Account”) (note: you can unfollow at any time after the Contest ends without impacting your chances of winning). Next, you must (i) like the official Contest post (the “Contest Post”) that has been posted on the Sponsor Account; and (ii) publish a comment (a “Comment”) on the Contest Post by tagging a friend who you'd want to try Mountain Dew® Baja Midnight™ with.

IMPORTANT NOTE: (i) tagging your friend does not automatically earn such friend an entry in the Contest - for such friend to enter, the friend tagged in the Comment must themselves complete all steps required to enter the Contest and otherwise comply with these Rules; and (ii) you may only tag a friend in a Comment that you have not previously tagged in a Comment.

When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) Entry in the Contest. You may tag multiple friends in a single Comment, however, you will only receive one (1) Entry per Comment published in accordance with these Rules.

To be eligible, all content and materials associated with your Entry, including your Comment (collectively, your “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) satisfy all entry requirements described above; (iii) be in accordance with these Rules, including, but not limited to, the specific Participation Requirements listed below in Rule 8; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of the Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in Sponsor’s sole and absolute discretion).

Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

6. ENTRY CONDITIONS:

Limit of one (1) Entry per person and Account. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any Entrant has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, identities, e-mail addresses, Comments, Accounts and/or use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; and/or (iii) disrupt or participate in the Contest in any other fraudulent or misleading way, then they may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties, Meta Platforms, Inc. (Instagram), and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries, Entry Materials (including, without limitation, Comments), and/or any other Contest-related information (collectively, “Contest-Related Information”), all of which are void.

An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Participation Requirements listed below) and/or the Social Platform Rules (all as determined by the Sponsor in its sole and absolute discretion).

7. VERIFICATION:

All Contest-Related Information and Entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Contest-Related Information and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Contest will be the official time-keeping device(s) used by the Sponsor.

8. PARTICIPATION REQUIREMENTS:

BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE APPLICABLE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.

By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she submits:

1. is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;
2. does not violate any law, statute, ordinance or regulation;
3. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
5. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.

9. LICENCE:

By entering the Contest and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, licence to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason in any type of media; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

10. PRIZES:

There is one (1) prize (the “Prize”) available to be won, the Prize consists of one (1) Baja Midnight surfboard. The total approximate retail value of the Prize is $2000.00 CAD.

The following general conditions apply to the Prize: (i) the Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) the Sponsor reserves the right to substitute the Prize in whole or in part in the event that all or any component of the Prize is unavailable with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) all characteristics and features of the Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion; (v) the Prize winner is solely responsible for all costs not expressly described herein; and (vi) by accepting the Prize the winner hereby: (a) signifies that he/she understands, acknowledges and accepts that use of the Prize may involve danger and/or exposure to risks and hazards (including without limitation as may be due to the inherent risks of surfing), whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he/she may suffer damage to personal property, serious personal injury, illness or even death; (b) signifies that he/she acknowledges and agrees that the Released Parties have not made any warranties, guarantees or representations about his/her safety while using the Prize; and (c) warrants and represents that he/she has evaluated the nature, scope, and extent of the risks involved, and freely and voluntarily agrees and assumes any and all risks of personal injury, illness, death arising out of or connected with his/her acceptance and use of the Prize.

11. ELIGIBLE WINNER SELECTION PROCESS:

On or around July 23, 2026 (the “Draw Date”) in Toronto, Ontario, Sponsor will perform a random draw from among all Eligible Entries submitted and received during the Contest Period in accordance with these Rules. The odds of winning the Prize depend on the number of Eligible Entries submitted and received during the Contest Period.

12. ELIGIBLE WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of one (1) attempt to contact the potential winner via Instagram direct message within five (5) business days of the Draw Date. A potential winner is solely responsible for ensuring they are able to receive such notification messages, monitoring for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion).

13. ELIGIBLE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the potential winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release) and (ii) to sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the Prize (as awarded); (c) releases the Released Parties from any and all liability in connection with this Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (d) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Contest-Related Information or any portion(s) thereof; and (e) agrees to the publication, reproduction and/or other use of their name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in perpetuity throughout the world in any manner or medium whatsoever, including print, broadcast or the internet.

If a potential winner: (i) cannot be contacted as set out above, or if there is a return of a notification as undeliverable; (ii) fails to correctly answer the skill-testing question; (iii) fails to return the properly executed Contest documents (if requested) within the specified time; (iv) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (v) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate potential winner in accordance with the procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).

14. GENERAL CONDITIONS:

All Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries, and/or Entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of any Website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, or other material to be received, captured or recorded for any reason, including, but not limited to, technical problems, traffic congestion on the Internet or at any website, mail delivery service interruptions, delays, or errors of any kind; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, 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 forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering this Contest, each Entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.tacobell.ca/en/privacy-policy).

The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.