THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES AND PUERTO RICO ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS SWEEPSTAKES UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES OR PUERTO RICO AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING THE LAY'S® DO US A FLAVOR® THE PITCH VOTING SWEEPSTAKES (“SWEEPSTAKES”), ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of any of the 50 United States, the District of Columbia or Puerto Rico, who are 13 years of age or older at the time of entry. The following persons are not eligible to participate: Employees, contractors, directors, and officers of Frito-Lay, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”) and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 p.m. (noon) Central Time (“CT”) on July 24, 2017 and ends at 11:59:59 p.m. CT on October 8, 2017 (“Sweepstakes Period”). The Sweepstakes Period is divided into seventy-seven (77) daily entry periods. Each day of the Sweepstakes Period represents a separate daily entry period (each a “Day”). A “Day” is defined as the 24 hours between 12:00:00 a.m. CT and the following 11:59:59 p.m. CT (of the same day) with the exception of the first day of the Sweepstakes Period which shall begin at 12:00:00 p.m. CT and end the following 11:59:59 p.m. CT (of the same day). The time clock of computer administering this Sweepstakes is the official clock for this Sweepstakes.
3. TO ENTER: During the Sweepstakes Period, entrants are invited to vote for their favorite Finalist Flavor in the LAY'S® Do Us A Flavor® The Pitch Contest in one of the manners (each an “Entry Method”) listed below. For each valid vote submitted, in accordance with these Official Rules, entrant will receive (a) one (1) entry into the Daily Prize Drawing for the corresponding Day and Finalist Flavor, and (b) one (1) entry into the corresponding Finalist Flavor Grand Prize Drawing (collectively, the “Entry”).
A separate prize pool is offered for each Finalist Flavor. See Section 6 for “Prize Details”. In order to enter for a chance to win a particular Finalists’ Flavor prize, your vote must correspond to that Finalist’s Flavor.
Limit one (1) vote/entry per Day per Entry Method (i.e. voting platform) per person.
Bonus Entries: At the Sweepstakes Web Site, you may follow the online instructions to share the Sweepstakes via Facebook and/or Twitter. Each time you share Sweepstakes as indicated on the Web Site, including the appropriate Flavor hashtag (based on your vote: #VoteEverythingBagel or #VoteCrispyTaco or #VoteFriedGreenTomatoes) and #SweepstakesEntry, you will receive one (1) bonus entry (may also referred to as an “Entry”) into the corresponding Daily Drawing and Grand Prize drawing for the Finalist Flavor you originally voted for when you submitted your initial Entry at the Sweepstakes Web Site. Limit one (1) bonus entry per Day per person/email address/social media account per platform - for a total of two (2) bonus entries per day per person/social media address.
Additionally, any use of robotic, macro, automatic, programmed or like voting/entry methods will void all such votes/Entries. Any attempt by an entrant to vote/submit an Entry more than the number of times authorized herein using multiple names, cell phone numbers, social media accounts and/or email addresses, paying or retaining third parties to create email accounts, social media accounts and/or phone numbers for the purposes of voting/entering and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the entrant in its reasonable discretion. Any attempt by any person to fraudulently circumvent the voting or entry restrictions in order to cast multiple votes/receive multiple Entries will result in disqualification of all such votes/Entries received and may result in disqualification of the entrant.
Data rates may apply if entering with a mobile phone or other Web-enabled device using your wireless service provider’s network. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.
Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
4. ENTRY GUIDELINES – APPLICABLE TO ENTRIES SUBMITTED VIA A SOCIAL MEDIA PLATFORM: By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (c) that you have obtained permission from a person whose name, likeness or image is used in the Entry, and (d) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) Must comply with these Official Rules and any Terms of Service on the applicable Web Site/Social Media Platform; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, or contain nudity; (c) Cannot 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; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except Sponsor’s trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Sponsor’s products), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by Sponsor) without permission; (i) Cannot contain background artwork, unless it is an original work of the entrant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (l) Cannot depict, and cannot itself, be in violation of any law.
If you think that any Entry infringes your intellectual property rights, please follow the notification guidelines as stated herein. Frito Lay North America, Inc. investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Frito-Lay’s Designated Agent to receive notifications of claimed copyright infringement is: By Mail: Jeanette Zimmer, 7701 Legacy Drive, Mail Drop 3A-421, Plano, Texas 75024. By Email: Jeanette.email@example.com. Your notice of claimed infringement must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
ENTRIES POSTED TO ANY OF SPONSOR’S WEB SITES OR APPLICABLE SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion.
5. RANDOM DRAWINGS: All drawings will be conducted by an independent judging agency, whose decisions are final in all matters relating to this Sweepstakes. Limit one (1) Daily Prize per person/address/household. Limit one (1) Grand Prize per person/address/household.
Daily Drawings: For each Finalist Flavor, twelve (12) Daily Prize winners will be selected for each Day of the Sweepstakes Period in a random drawing to be held on or about each business day following the applicable Day from eligible Entries received for a given Day. Entries will not carry forward to subsequent Daily Drawings. Odds of winning a Daily Prize depend on the number of eligible Entries received for a given Daily Drawing per Finalist Flavor.
Grand Prize Drawings: For each Finalist Flavor, two (2) Grand Prize winners will be selected in a random drawing from among all eligible Entries received on or about October 10, 2017. Odds of winning a Grand Prize depend on the number of eligible Entries per Finalist Flavor.
6. PRIZE DETAILS: Prizes are listed as follows: Prize Quantity / Prize description / Approximate Retail Value (“ARV”) of each prize. For Daily Prizes, Sponsor shall randomly determine the order, per Day, in which the prizes will be awarded. All Daily Prizes will include a Sponsor’s brand logo.
LAY’S® Everything Bagel with Cream Cheese - Grand Prizes
2 / New York Trip: Trip for winner and one (1) guest to New York, New York. Trip consists of round-trip coach air transportation (from major airport nearest winner’s home); double-occupancy hotel accommodations for three (3) nights; ground transportation to/from airport and hotel; and $500.00 spending money which may be used towards a Ben’s Bagel Tour™, a Circle Line boat tour, and a brunch at Sadelle’s. ARV: $6,000.00.
LAY’S® Everything Bagel with Cream Cheese - Daily Prizes
231 / Premium Water Bottle. / ARV: $25.00.
231 / Flavor-inspired Slogan Shirt (size Large). / ARV: $20.00.
231 / Hawaiian shirt (size Large). / ARV: $30.00.
231 / Onezie. / ARV: $50.00.
LAY’S® Crispy Taco - Grand Prizes
2 / San Antonio Trip: Trip for winner and one (1) guest to San Antonio, Texas. Trip consists of round-trip coach air transportation (from major airport nearest winner’s home); double-occupancy hotel accommodations for three (3) nights; ground transportation to/from airport and hotel; and $700 spending money which may be used towards a food tour, dinner at Casa Rio, and a taco cooking class. ARV: $6,000.00.
LAY’S® Crispy Taco - Daily Prizes
231 / Premium Water Bottle. / ARV: $25.00.
231 / Flavor-inspired Slogan Shirt (size Large). / ARV: $20.00.
231 / Phone Case. / ARV: $20.00.
231 / Pool Float. / ARV: $25.00.
LAY’S® Fried Green Tomato - Grand Prizes
2 / Savannah Trip: Trip for winner and one (1) guest to Savannah, Georgia. Trip consists of round-trip coach air transportation (from major airport nearest winner’s home); double-occupancy hotel accommodations for three (3) nights (daily breakfast at hotel included); ground transportation to/from airport and hotel; one-hour spa treatment; and $700.00 spending money that may be used towards a cooking class, a Savannah Culinary & Cultural Walking tour, and a dinner at A.lure Restaurant in Savannah. ARV: $6,000.00.
LAY’S® Fried Green Tomato - Daily Prizes
231 / Premium Water Bottle. / ARV: $25.00.
231 / Flavor-inspired Slogan Shirt (size Large). / ARV: $20.00.
231 / Wrapping Paper Spool. / ARV: $20.00.
231 / Corn Hole Set. / ARV: $200.00.
Total ARV of all prizes: $146,880.00.
Applicable to all Grand Prizes: Travel must be completed by October 31, 2018; and must be booked at least sixty (60) days in advance of travel date. Spending money will be awarded via Pay Pal, payable to winner. If winner does not have a Pay Pal account, he/she must sign up for an account. Signing up for a Pay Pal account is free. See https://www.paypal.com/us/home.Trip includes travel insurance; subject to terms and conditions of the travel insurance selected by Sponsor’s selected travel agency.Travel and accommodations are subject to availability and change. Blackout dates include Christmas, Easter and all U.S. recognized summer holidays.Ground transportation and meals (other than as stated above), gratuities and all other expenses not specified herein as part of the prize are solely winner’s responsibility. All travel is subject to availability, government restrictions and regulations, hotel, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Other restrictions may apply. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled prize-related activities (including, but not limited to airline flights) beyond its control. In the event winner and/or the guest misses a scheduled airline flight (through no fault of Sponsor or due to Force Majeure), Sponsor will have no liability for any costs associated with changing or rebooking transportation. Winner and guest must have all necessary identification and/or travel documents (e.g. passport or valid driver’s license) required for travel. Winner and guest must travel on same itinerary. Winner’s guest (or if a minor, his/her parent or legal guardian who must be the winner) will be required to complete and return a Liability/Travel Release sixty (60) days prior to travel date. Winner and/or guest must abide by all venue policies. Actual value may depend on city/date/time of departure.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email or social media account used in connection with the Sweepstakes. Sponsor and Promotion Parties are not responsible for any typographical printing, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the processing of votes or Entries, the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer resulting from participation in the Sweepstakes. In the event of an identity dispute, Entry will be considered made by the registered owner of the email address or social media account associated with the account used for entry. “Registered owner” is defined as the natural person who is assigned an email address or social media account by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address or the social media account used to submit an Entry.
8. WINNER NOTIFICATION: Prizes won by an eligible entrant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian. Winners will be notified by phone, email or mail at the phone number, email address or mailing address provided within the registration (or via Twitter or Instagram as defined below depending on Entry Method). Grand Prize winners (or parent or legal guardian if entrant is an eligible minor) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within seven (7) days of prize notification. Sponsor is not responsible for any change in entrant's email address, social media account, mailing address and/or telephone number. Sponsor is not responsible for suspended or discontinued Internet or wireless service which may result in a potential winner not receiving prize. If attempted notification is returned as undeliverable, if winner cannot be verified or if winner is otherwise unable to accept the prize as stated, if required documents are not returned within the stated number of days or if winner is otherwise disqualified, prize may be forfeited. Prizes will be shipped within 8-10 weeks of winner verification. If any prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize.
Twitter/Instagram notification: If a potential winner participated via Twitter, he/she will be notified via direct message; and his/her Twitter account must allow for direct messaging or prize will be forfeited. If a potential winner participated via Instagram, Sponsor will comment on the potential winner’s post. Potential winners will be required to follow instructions on the notification and provide their email address within seventy-two (72) hours of notification. Sponsor or Sponsor’s agency partner will then contact potential winner via email to verify identity and contact information. Potential winners must provide the requested information as stated within the email within seventy-two (72) hours or prize may be forfeited.
9. RELEASE OF LIABILITY: By participating in the Sweepstakes, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree (a) to release Sponsor, Promotion Parties, Facebook, Twitter, Instagram, and Snapchat from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Sweepstakes; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting a prize, recipients (and their parent(s)/legal guardian(s) if entrants are minors) (a) agree that the Sponsor and Promotion Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes; from acceptance, possession, misuse or use of prize or participation in Sweepstakes or Sweepstakes-related activities; and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor and those acting under the authority of the Sponsor, the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of the Sweepstakes or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control (a “Force Majeure Event”).
10. GENERAL CONDITIONS: Each winner is solely responsible for any taxes on their prize, and will receive an IRS Form 1099 for the actual value of the prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Any difference between the stated approximate retail value and the actual retail value will not be awarded. No transfer of prize is permitted. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging. Unclaimed prizes will not be awarded. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Sweepstakes is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the submission process, and (b) cancel, modify or terminate the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes among all eligible, non-suspect Entries received prior to cancellation. This Sweepstakes is offered only in the United States and is governed by the laws of the State of Texas, and all claims must be resolved in the federal or state courts located in Collin or Dallas counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNER'S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by November 8, 2017 to: Lay’s Do Us A Flavor The Pitch Voting Sweepstakes Winner's List, 10 South 5th Street-7th Floor, Dept. 880-768A, Minneapolis, MN 55402.
12. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2017 Frito-Lay North America, Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. You understand that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook, Twitter or Instagram.