The LAY'S® Do Us A Flavor® The Pitch Contest (“Contest”) is open only to legal residents of any of the 50 United States, the District of Columbia, or Puerto Rico who are 18 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, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (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 Contest).
Contest submissions must be received between 12:00:00 p.m. (noon) Central Time (“CT”) on January 10, 2017 and 11:59:59 p.m. CT on March 19, 2017 (“Contest Entry Period”). The period in which the public may buy and try the different Finalists' Flavors and vote for their favorite begins at 12:00:00 p.m. CT on July 24, 2017 and ends at 11:59:59 p.m. CT on October 8, 2017 (“Contest Voting Period”). See Sections 6 and 7 for additional information on Finalist Flavors and Contest Voting.
During the Contest Entry Period, the Sponsor invites participants to submit their ideas for a potential flavor of LAY'S® Potato Chips. During the entry process, participants will be required to submit the following:
All Entries must be received and recorded within the Contest Entry Period. The Sponsor's computer is the official timekeeping device for this Contest. You may enter as many different Entries into the Contest as you like, as long as each Entry is substantially different from previous Entries. If Sponsor determines, in its sole discretion, that a participant has submitted two (2) or more Entries that are not substantially different from each other, the participant and/or the duplicative Entries may be disqualified.
Participants may (but are not required to) use the tools on the Lay’s Web Site to create a custom packaging image to visually represent their Entry. The packaging images on the Lay’s Web Site (and the customization choices, if any) will not be judged and will not impact the outcome of the Contest.
Visit www.lays.com (“Lay’s Web Site”) and follow the online instructions to complete and submit your Entry. If you log in via Facebook Connect, you will not be required to enter your personal information.
Sponsor may offer additional methods of entry through social media posts, channels and/or digital display ads (each a “Social/Digital Channel”). Social/Digital Channels may require a Facebook Account prior to entry. See specific instructions on any such Social Digital Channel.
The Lay’s Web Site, Retailer Web Sites and any other Social/Digital Channels are referred to collectively as the “Web Site”.
From time to time during the Contest, Sponsor may feature certain Entries on a Web Site, in Sponsor's sole discretion. Being selected as a featured Entry is unrelated to the Judging Criteria and does not guarantee selection as a Semi-Finalist or Finalist in the Contest nor does it entitle the featured participants to any compensation or prize.
All participants must have a valid email address. All Entries become the sole property of the Sponsor and will not be acknowledged or returned. In the event of an identity dispute, the Entry will be considered made by the registered owner of the email address used for the Entry. “Registered owner” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
Each submission must be manually key stroked and/or manually entered by the individual participant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of Entries and/or prizes, is prohibited and such persons will be disqualified and all Entries shall be deemed ineligible and prizes won (if any) shall be forfeited.
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 entering, you acknowledge that your Entry may be posted on the Web Site, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible, in Sponsor’s sole discretion.
By submitting an Entry you warrant and represent that: (a) you have read or have had these Official Rules read to you and you are in agreement with these Official Rules; (b) the Entry (including the inspiration/description elements) is your original work, (c) the Entry has not been previously published*, (d) the Entry has not received previous awards; (e) the Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (f) that you have obtained permission from any person whose name, likeness or image is used in your Entry; and (g) publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights.
Any such participant will indemnify and hold Sponsor and Promotion Parties harmless from any claims to the contrary. Any participant whose work includes likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.
*For the avoidance of doubt, you may submit a flavor that you submitted in a prior edition of the Contest, provided that you update your inspiration for this Contest.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) must comply with these Official Rules; (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, e-mail 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 participant; (j) cannot include any music; (k) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission; (l) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (m) 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: [email protected] 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 THE WEB SITE (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT 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 participants. Sponsor reserves the right to waive the Entry requirements set forth herein in its reasonable discretion.
Entries (consisting of flavor name, ingredients and inspiration/description as described in Section 3) will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged on the following criteria:
The top ten (10) participants whose Entries received the highest cumulative scores for all criteria awarded by the judges will be deemed the Semi-Finalists. The top three (3) Semi-Finalist participants will be deemed “Finalists” and will advance to the Contest Voting Period upon successful completion of required documents as stated in Section 11. In case of a tie for a Semi-Finalist or Finalist position, tied Entries will be broken by cumulative points awarded for “Original, creative and shareable”. If a tie continues, then tie(s) will be broken by the Entry with the highest cumulative point score for “Potential for delicious flavor of LAY’S Potato Chips”, continuing thereafter to “Simple, straightforward and fun” until the tie is broken. Finalists will be announced on or around July 17, 2017. Sponsor may ask Semi-Finalists and/or Finalists to participate in interviews, videos and/or other promotional activities related to the Contest. Such participation is voluntary, and Semi-Finalists and/or Finalists will not receive additional compensation for such participation.
The three (3) Finalist Flavors will be developed and produced as a limited time offering by Sponsor and offered for retail sale beginning on or around July 30, 2017. The Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed flavor name and/or the inclusion/omission of one or more of the suggested ingredient(s) in the product formulation) for the Finalist Flavors placed in market. Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics detail, supplier information, margins and sale information for each Finalist Flavor remains Sponsor’s proprietary information. Finalists shall not be entitled to access any of Sponsor’s proprietary information except to the extent Sponsor elects to share such information, and Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the Finalist, as determined solely by Sponsor. Sales and distribution of the Finalist Flavors by participating retailers cannot be guaranteed by the Sponsor, and Sponsor is not responsible for any uneven distribution of the Finalist Flavors. If existing inventories of a Finalist Flavor are exhausted prior to the end of the Contest Voting Period, Sponsor is not obligated to produce more of that Finalist Flavor. It is at the Sponsor’s sole discretion how much involvement or say the Finalists will have (if any) in the product development and/or production process and/or the creation or planning of the package design and/or any related promotional materials for his/her Finalist Flavor. Sponsor reserves the right to launch and/or re-launch any or all of the Semi-Finalist and/or Finalist Flavors at any time during and/or after the Contest.
During the Contest Voting Period, consumers will be able to vote for their favorite Finalist Entry via the Lay’s Web Site. At Sponsor's discretion, additional voting platforms may be available, including, but not limited to Text Message and Social Platforms. Check the Lay’s Web Site on or after July 24, 2017 for additional information about how to vote for your favorite Entry(ies). Regardless of the number of voting platforms available; each person is limited to one (1) vote per day per platform. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a Finalist and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names, cellphone numbers and/or email addresses, paying or retaining third parties to create email accounts and/or phone numbers for the purposes of voting and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify such Finalist in its reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Finalist for whom the improper votes were received if the Sponsor determines that that Finalist was involved in any way in the perpetration of such fraud. At the end of the Contest Voting Period, the top Finalist Entry receiving the highest number of votes will be declared the Grand Prize winner. In the event of a tie, Grand Prize winner will be determined by the Finalist's Entry receiving the highest score (as originally judged) in “Original and Creative.” If tie continues, then tie(s) will be broken by the Entry with highest cumulative point score for “Potential for delicious flavor of LAY’S Potato Chips”, continuing thereafter to “Simple, straightforward and fun” until the tie is broken. At the conclusion of the Contest Voting Period, the Grand Prize Winner’s Finalist Flavor and the other Finalist Flavors may be phased out of market, at Sponsor’s sole discretion. Any or all Finalist Flavors may be brought back to market, re-named and/or reformulated by Sponsor at any time and/or any number of times, in Sponsor’s sole discretion. All Finalist product formulations and specifications are proprietary to Sponsor, and Finalists have no rights or claims in same.
Semi-Finalist Prizes (7): Ten Thousand dollars ($10,000), awarded in the form of a check or wire transfer, payable to each Semi-Finalist winner who is not a Finalist or the Grand Prize Winner.
Semi-Finalist Prize Payout Terms: Semi-Finalist Prizes will be awarded after the Finalists have been identified and verified. Allow up to 12 weeks upon verification of the Finalists for Semi-Finalist Prizes to be awarded.
Finalist Prizes (2): Fifty Thousand dollars ($50,000), awarded in the form of a check or wire transfer, payable to each Finalist winner who is not the Grand Prize Winner.
Grand Prize (1): One Million Dollars ($1,000,000), awarded in the form of a check or wire transfer payable to the winner within 6-8 weeks of Grand Prize winner verification.
Finalist Prize and Grand Prize Payout Terms: Finalist Prizes and the Grand Prize will be awarded after the Grand Prize Winner has been identified and verified. Allow up to 8 weeks upon Grand Prize Winner verification for Finalist Prizes and the Grand Prize to be awarded.
Neither the Grand Prize winner nor any Finalist or Semi-Finalist will be entitled to any payment or award based on the sale of his/her Finalist Flavor product, or any flavor product similar to it during or after the Contest. Sponsor may limit, suspend or discontinue sales of and/or rename and/or reformulate any Semi-Finalist or Finalist Flavor product at any time without notice in its sole and absolute discretion. Under no circumstances shall acceptance of any prize be deemed to create a relationship of employment, joint venture or partnership as between the winner and Sponsor. Prize winners shall not be entitled to any payments, benefits or entitlements beyond the prize as described above. Tax consequences, if any, resulting from the winner’s acceptance of any prize shall be the sole responsibility of the winner. The Finalist Flavor products (and Semi-Finalist Flavor products, if any) and their respective formulations and specifications are proprietary to Sponsor and winners have no rights or claims in same.
Semi-Finalist winners, the Finalist winners and the Grand Prize winner (hereinafter, all prize level winners may be referred to as “Winner”) must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate Winner. Total value of all prizes is $1,170,000. Limit one (1) prize per person/household. Winners are not entitled to any proceeds from Sponsor’s sale of the Winners’ Flavors, or any adaptation thereof, now or in the future, in the U.S. or throughout the world. Sponsor shall determine in its sole discretion, whether and when to expand or discontinue one or more of the Winners’ Flavors after the Contest.
No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by 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 Contest: Hardware or software errors; faulty computer, cable, satellite, network, electronic, 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 the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Contest-related materials. 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 or video equipment resulting from participation in the Contest.
By participating in the Contest, participants (and their parent(s)/legal guardian(s) if participants are minors) agree (a) to release Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such participant's participation in the Contest, including any claim that any future Sponsor product (Lay’s brand or otherwise) is similar to, based upon, or infringes on the participant’s Entry; (b) under no circumstances will participant be permitted to obtain awards for, and participant 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 Contest, 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 any prize, recipient (and recipient’s parent or legal guardian if recipient is a minor) (a) agrees that Sponsor and Promotion Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents 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 Contest; from acceptance, possession, misuse or use of any prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) 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 or consideration, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
Winners are solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the value of the prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a 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 Contest is not capable of running as planned, including 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 Contest, Sponsor reserves the right to (a) cancel, suspend and/or modify the Contest, or any part of it, and (b) disqualify any individual who is responsible for such action. If terminated, Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to time of such action using the judging procedures outlined herein. This Contest is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST 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.
Potential Semi-Finalists will be notified by mail, phone and/or email on or about April 24, 2017. Sponsor is not responsible for any change in participant's email, mailing address and/or telephone number. Semi-Finalists (or his/her parent or legal guardian, if a minor in his/her state of residence) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within ten (10) days of prize notification. If attempted notification is returned as undeliverable or not responded to within the allotted time; if a potential Semi-Finalist cannot be verified; if a potential Semi-Finalist is otherwise disqualified or unable to accept the prize as stated, prize may be forfeited. As stated in these Official Rules, the top three (3) potential Semi-Finalists will be named “Finalists” upon successful completion and return of all required documents and the Grand Prize winner shall be determined at the conclusion of the Voting Period. The Affidavit of Eligibility/Liability Release, and where lawful, Publicity Release shall cover all instances of a potential Semi-Finalist being named a Finalist and/or Grand Prize winner. Should a potential Finalist be disqualified for any reason, the Semi-Finalist with the next highest score shall move up to a Finalist position. Prizes won by an eligible participant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian.
To the extent permissible by law, Sponsor reserves the right to ask a potential Semi-Finalist to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. By accepting a prize, Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in whole or in part, in its sole discretion. Upon request of Sponsor, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
For the names of the Winners, send a self-addressed, stamped envelope to be received by November 10, 2017 to: LAY'S® Do Us A Flavor® The Pitch Contest Winner's List, 10 South 5th Street-7th Floor, Dept. 880-768, Minneapolis, MN 55402.
Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
Been here before? Let's get you logged in!
Or fill out the form below to complete your submission.