Frito-Lay – Cheetos Museum: 2017 Halloween Edition – Win a grand prize of $50,000 OR 1 of 8 minor prizes of $1,000 each
CHEETOS® MUSEUM: 2017 HALLOWEEN EDITION CONTEST OFFICIAL RULES
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES 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 CHEETOS® MUSEUM: 2017 HALLOWEEN EDITION CONTEST (“CONTEST”) PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR AND/OR ITS INDEPENDENT JUDGING AGENCY, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: Contest is open only to legal U.S. residents who are thirteen (13) years of age or older at the time of participation. 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 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).
2. CONTEST TIMING: The Contest begins at 12:00:00 p.m. (noon) Central Time (“CT”) on September 5, 2017 and ends at 11:59:59 p.m. CT on October 31, 2017 (“Contest Period”). The Contest Period consists of eight (8) entry periods (each an “Entry Period”) as outlined in the table below. The Sponsor’s computer is the official timekeeping device for this Contest.
09/05/17, 12:00:00 p.m. CT
09/11/17, 11:59:59 p.m. CT
09/12/17, 12:00:00 a.m. CT
09/18/17, 11:59:59 p.m. CT
09/19/17, 12:00:00 a.m. CT
09/25/17, 11:59:59 p.m. CT
09/26/17, 12:00:00 a.m. CT
10/02/17, 11:59:59 p.m. CT
10/03/17, 12:00:00 a.m. CT
10/09/17, 11:59:59 p.m. CT
10/10/17, 12:00:00 a.m. CT
10/16/17, 11:59:59 p.m. CT
10/17/17, 12:00:00 a.m. CT
10/23/17, 11:59:59 p.m. CT
10/24/17, 12:00:00 a.m. CT
10/31/17, 11:59:59 p.m. CT
3. HOW TO ENTER: During the Contest Period, purchase any CHEETOS® BAG OF BONES® or any CHEETOS® brand product. Create a monster made entirely out of the CHEETOS® BAG OF BONES® pieces and/or other CHEETOS® brand snack pieces (each a “CHEETOS® Monster”).
You may only use up to a maximum of three hundred (300) pieces (CHEETOS® BAG OF BONES® pieces and/or other CHEETOS® brand snack pieces) to create your CHEETOS® Monster.
Your CHEETOS® Monster must be two dimensional. Arrange the CHEETOS® BAG OF BONES® pieces and/or other CHEETOS® brand snack pieces on a flat surface to create your CHEETOS® Monster.
Only CHEETOS® BAG OF BONES® pieces and/or other CHEETOS® brand snack pieces may be used in your CHEETOS® Monster creation. No adhesives or connectors may be used.
Three-dimensional submissions will not be judged and will be deemed invalid.
Take a photo of your CHEETOS® Monster (“Photo”). Next, log onto www.CheetosMuseum.com (“Website”), upload your Photo and provide a title and description of your CHEETOS® Monster (altogether, the photo, title and description shall be referred to as the “Entry”) and submit your Entry as instructed. To participate without making a purchase, visit the Website, view the gallery of CHEETOS® Monsters, choose any CHEETOS® Monster and follow the online instructions to provide a title and description of the CHEETOS® Monster you selected (also an “Entry”) and submit your Entry as instructed.
Titles and descriptions must be in English and cannot exceed 140 characters. For uploaded Photos: File size must not exceed 5MB and must be in a JPG or PNG format. Finalists and/or the Grand Prize winner may be required to submit additional images of the CHEETOS® Monster for verification. It is suggested that you take additional photos while creating your CHEETOS® Monster. The image of the CHEETOS® Monster may not be manipulated in any way. By submitting an Entry, participant agrees that it conforms to these Official Rules and the Entry Guidelines specified in Section 4, and that Sponsor may disqualify participant from the Contest if it believes, in its sole discretion, that the Entry fails to conform to such guidelines.
ENTRY LIMIT: YOU MAY ENTER UP TO FIFTY (50) ENTRIES PER PERSON/EMAIL ADDRESS PER DAY; however, each Entry must be 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. Note: A “day” is defined as a twenty-four (24) hour time period between 12:00:00 a.m. CT and 11:59:59 p.m. CT of the same day with the exception of the first day which shall begin at 12:00:00 p.m. CT and end the following 11:59:59 p.m. CT.
ENTRIES WILL BE JUDGED. SEE SECTION 5 FOR JUDGING CRITERIA. All Entries must be received and recorded within the Contest Period.
If the Sponsor, in its sole discretion, determines the Photo was manipulated (Photo manipulation, also called “photoshopping” or before the rise of Photoshop software “airbrushing” is the application of image editing techniques to photographs in order to create an illusion or deception after the original photographing took place) in any way, participant may be disqualified, even if he/she was previously announced as a prize recipient. Sponsor reserves the right to require the potential winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person or Entry 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. The background check shall include the review of the original Entry submitted and all related files. ANY VIOLATION OF THESE OFFICIAL RULES BY OR ANY BEHAVIOR BY A POTENTIAL WINNER THAT WILL BRING SPONSOR OR PROMOTION PARTIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PARTICIPANT’S DISQUALIFICATION AS A FINALIST OR GRAND PRIZE WINNER IN THE CONTEST AND ALL PRIVILEGES AS A FINALIST OR GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
From time to time during the Contest, Sponsor may feature any/all Entries on the Website, in Sponsor’s sole discretion. Being selected as a featured Entry is unrelated to the Judging Criteria and does not guarantee selection as a Finalist or Grand Prize winner in the Contest nor does it entitle the featured participant(s) to any compensation or prize.
Data rates may apply if entering with a mobile phone or other Web-enabled device. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.
BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR ITS SOCIAL MEDIA ASSETS, AT SPONSOR’S 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 and adapt 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 in any manner whatsoever and for any purpose. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Period will be ineligible.
Multiple participants may not share the same email address. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with a winning Entry and/or an eligible participant. Entries 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, is prohibited and such persons will be disqualified and all entries deemed invalid and any prizes shall be forfeited.
4. ENTRY GUIDELINES: 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: (a) you have read or have had these Official Rules read to you and you are in agreement with these Official Rules; (b) it is your original work, (c) it has not been previously published, (d) you have received permission for the use of the image/likeness of any and all identifiable persons who appear in your Entry and it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any person whose name, likeness or image is used in your Entry; and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Each 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 the awarding of any prize.
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, 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 participant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (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 THE WEBSITE (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.
5. ROUND 1 – CONTEST JUDGING (TO DETERMINE ENTRY PERIOD FINALISTS): For each Entry Period, Entries will be judged by Sponsor and/or Sponsor’s marketing agency(ies) (the “Panel”) based on “How creative is your CHEETOS® monster, title, description and image; and how closely does the CHEETOS® monster resemble your title and description.” (the “Judging Criteria”). For each Entry Period, the Entry receiving the highest cumulative score awarded by the Panel will be deemed a Finalist and will advance to Round 2 of the Contest Judging. In case of a tie, tied Entries will be judged by a new judge (as determined by the independent judging agency, in its sole discretion) using the Judging Criteria stated above to determine the winner of the tie. Limit one (1) Finalist Prize per person/household.
6. ROUND 2 – CONTEST JUDGING (TO DETERMINE GRAND PRIZE WINNER): At the conclusion of the Contest Period, Finalists’ Entries will be re-judged by the Panel based on the Judging Criteria as stated above. The Finalist who submitted the Entry receiving the highest cumulative score as awarded by the Panel in Round 2 of the Contest Judging will be deemed the Grand Prize winner. In case of a tie, the same tie-breaking methodology described above will be utilized in Round 1 – Contest Judging.
7. PRIZE DETAILS:
Grand Prize (1): $50,000, awarded in the form of a check or wire transfer, payable to winner.
Finalist Prizes (8 total, 1 per Entry Period): $1,000, awarded in the form of a check or wire transfer, payable to winner. Limit one (1) Finalist Prize per person/household.
A 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 $58,000.
8. NOTIFICATION OF POTENTIAL FINALISTS AND GRAND PRIZE WINNER: 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. Potential Finalists and Grand Prize winner will be notified by phone, email and/or mail. Finalists and Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (collectively, the “Affidavit”) within three (3) days of prize notification via email, fax or overnight mail. Sponsor is not responsible for suspended or discontinued wireless, landline or Internet service which may result in a potential Finalist or Grand Prize winner not receiving an initial prize notification; nor is Sponsor responsible for any change in participant’s email address, mailing address or phone number. If (i) an attempted notification is returned as undeliverable, (ii) a potential Finalist or Grand Prize winner cannot be verified, (iii) any required documents are not received by judges within three (3) days, or (iv) a potential Finalist or Grand Prize winner is otherwise unable to accept the prize as stated, the applicable prize may be forfeited, in Sponsor’s sole discretion. If any prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize.
By accepting a prize, each Finalist and the Grand 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. Each Finalist and the Grand Prize 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 a winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify any winning Entry, in its sole discretion. Upon request of Sponsor, each 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.
9. LIMITATIONS OF LIABILITY AND RELEASE: No responsibility is assumed by Sponsor for lost, late, mutilated, illegible, unintelligible incomplete, misdirected or postage-due mail or Entries. 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, telephone, 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 Website in whole or in part for any reason; traffic congestion on the Internet or the Website; 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 announcement of the prizes or in any Contest-related materials. Use of Website 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 Contest. In the event of an identity dispute of a participant, the Entry will be considered made by the registered owner of the email address associated with the account used for 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
By participating in the Contest, participants (and their parent(s)/legal guardian(s) if participants are minors) agree to release and hold harmless Sponsor and Promotion Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in the Contest, or possession, acceptance, use and/or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. By accepting any prize, recipients (and their parent(s)/legal guardian(s) if participants are minors) (a) agree that Sponsor and Promotion Parties 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) grant (and agree 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, 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 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”).
10. GENERAL CONDITIONS: Winners are solely responsible for any taxes on their 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 in a manner as determined by an independent judging agency. 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 A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE 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.
11. WINNER’S LIST: For the names of the Finalists and Grand Prize winner, send a self-addressed, stamped envelope to be received by November 30, 2017 to: CHEETOS® Museum: 2017 Halloween Edition Contest Winner’s List, 10 South 5th Street, 7th Floor, Dept. 881-762, Minneapolis, MN 55402.
12. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2017 Frito-Lay North America, Inc.