Frito-lay – Cheetos Museum – Win a grand prize of $50,000 OR 1 of 113 minor prizes
THE FOLLOWING PROMOTION 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 PROMOTION 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 CHEETOS MUSEUM (“PROMOTION”) PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
PROMOTION OVERVIEW: The Promotion consists of three (3) separate components: (a) an Instant-Win Game; (b) a Sweepstakes; and (c) a Contest. Sponsor invites participants to participate in one or all components of the Promotion. Participation into one component does not constitute participation into the other. See below for complete details on how to participate in all components of the Promotion.
1. ELIGIBILITY: Promotion is open only to legal U.S. residents who are 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 Promotion (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 Promotion).
2. PROMOTION TIMING: Promotion begins at 12:00:00 p.m. Central Time (“CT”) on May 31, 2016 and ends at 11:59:59 p.m. CT on August 31, 2016 (“Promotion Period”). For the Contest portion of the Promotion, the Promotion Period consists of ten (10) entry periods (each an “Entry Period”) and a Voting Period as outlined in the table below. The Sponsor’s computer is the official timekeeping device for this Promotion.
5/31/16, 12:00:00 p.m. CT
6/13/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
6/20/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
6/27/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
7/04/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
7/11/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
7/18/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
7/25/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
8/01/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
8/08/16, 11:59:59 p.m. CT
5/31/16, 12:00:00 p.m. CT
8/15/16, 11:59:59 p.m. CT
8/24/16, 12:00:00 p.m. CT
8/31/16, 11:59:59 p.m. CT
3. HOW TO PLAY THE INSTANT-WIN GAME: During the Promotion Period, look inside any specially-marked bag of Cheetos snacks for a wrapped game piece (each a “Game Piece”). Ten (10) Game Pieces will be randomly seeded among all specially-marked bags of Cheetos produced for this Promotion. The Game Pieces are two dimensional non-edible paperboard replicas of Cheetos Crunchy Snacks depicting a landmark, animal, person or thing, with instructions for redemption. The Game Pieces are as follows: Two (2) Statue of Libercheese (Statue of Liberty), one (1) Cheeseberham Lincoln (Abe Lincoln Bust), two (2) Cheetosaurus Rex (Dinosaur), one (1) USS Cheetos (Submarine), one (1) Cheetar (Guitar), one (1) Chesternaut (Astronaut), one (1) Space Cheetle (Rocket), and one (1) Great White Cheetos (Shark).
If your bag includes a Game Piece, you are a winner of an Instant-Win Prize (subject to verification). Only official Game Pieces from this Promotion are eligible. All other game pieces are invalid and void. For a chance to receive a winning Game Piece without making a purchase, hand print your name and complete mailing address on a 3 ½” x 5” card or piece of paper, place it into an outer-mailing envelope and mail to: Cheetos Museum Game Piece Request, PO Box 760026, Dept. 881-755, El Paso, TX 88576-0026. Requests must be postmarked by August 31, 2016 and received by September 7, 2016. Only winning Game Piece requests will be acknowledged. Limit one (1) Game Piece request per outer-mailing envelope. No responsibility is assumed by Sponsor for lost, late, mutilated, illegible, incomplete, misdirected or postage-due mail or Game Piece requests. Requests become property of Sponsor and will not be returned.
4. INSTANT-WIN PRIZE REDEMPTION: All Instant-Win Prizes must be claimed by September 30, 2016 in accordance with these Official Rules. To claim your prize: Retain a photo and/or photocopy of your winning game piece, attach the original winning game piece to a 3 ½” x 5” card with your name, address, date of birth, and daytime phone number and mail in a padded envelope to: Cheetos Museum Prize Claim, 10 South 5th Street, 7th Floor, Dept. 881-755, Minneapolis, MN 55402 to be received by September 30, 2016. PRIZE CLAIMS MUST BE SENT VIA REGISTERED MAIL, RETURN RECEIPT REQUESTED. Proof of mailing does not constitute proof of delivery. Only one (1) person may claim a prize.
Sponsor reserves the right to request that you send in the original Game Piece prior to verifying you as a winner. The submission of an Instant-Win Prize claim is solely the responsibility of the participant. Instant-Win Prize claims are subject to eligibility and verification by an independent judging organization whose decisions are final in all matters relating to this Promotion. Instant-Win Prize winners will be required to complete, sign and return an affidavit of eligibility and liability and publicity release within seven (7) days of Instant-Win Prize notification. In the event of noncompliance within this time period, Instant-Win Prize will be forfeited. Any Instant-Win Prize notification returned to the Sponsor or its agencies as undeliverable will result in disqualification.
Second Chance Drawing: If all of the Instant-Win Prizes have not been claimed as of September 30, 2016, a second chance drawing will be conducted on or about October 14, 2016 by an independent judging agency. To enter the Second Chance Drawing (if any), hand print your name, address, daytime phone number and date of birth on a 3” x 5” card or piece of paper, and mail in a first-class stamped envelope to: Cheetos Museum Second Chance Drawing, PO Box 650021, Dept. 881-755, El Paso,TX 88565-0021. Entry must be postmarked no later than September 30, 2016 and received by October 7, 2016 to be eligible. Enter as often as you wish, but each entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. Odds of winning an Instant-Win Prize in the Second Chance Drawing depend upon the number of unclaimed Instant-Win Prizes (if any) as of September 30, 2016 and the number eligible Second Chance Drawing entries received.
5. HOW TO ENTER THE SWEEPSTAKES: During the Promotion Period, share a Cheetos snack image to either your Facebook or Twitter account. Next, follow the online instructions to complete and submit the registration form to receive one (1) entry into the Daily Drawing (as defined in Rule #11) for a chance to win a Sweepstakes Prize. Limit two (2) entries per person per day. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. CT and ending the following 11:59:59 p.m. CT.
6. HOW TO ENTER CONTEST: During the Promotion Period, purchase any Cheetos brand product and look for a uniquely-shaped Cheetos snack. Take a photo of the uniquely-shaped Cheetos snack. Next, log onto www.CheetosMuseum.com (“Website”), upload your Photo and provide a title and description of your Cheetos snack (altogether, the photo and description shall be referred to as the “Contest Entry”) and submit your Contest Entry as instructed. To participate in the Contest without making a purchase, visit the Website, view the gallery of Cheetos snacks, choose any Cheetos snack and follow the online instructions to provide a description of Cheetos snack you selected (also a “Contest Entry”) and submit your Contest Entry as instructed.
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. The image of the Cheetos snack may not be manipulated in any way. Finalists may be required to submit additional images of the Cheetos snack and/or the Cheetos snack for verification. By submitting a Contest Entry, participant agrees that it conforms to these Official Rules and the Entry Guidelines specified in Rule #7, and that Sponsor may disqualify participant from the Contest if it believes, in its sole discretion, that the Contest Entry fails to conform to such guidelines. Limit fifty (50) Contest Entries per person/email address per day. See Rule #8 for Judging Criteria. All Contest Entries must be received and recorded within the Promotion Period.
If the Sponsor, in its sole discretion, determines the Contest Entry/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, Finalist may be disqualified, even if he/she was previously announced as a prize recipient. Sponsor reserves the right to require a potential Finalist to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person or Contest Entry in advertising or publicity for the Promotion 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 Contest Entry submitted and all related files. ANY VIOLATION OF THESE OFFICIAL RULES BY A FINALIST OR ANY BEHAVIOR BY A FINALIST THAT WILL BRING SPONSOR OR PROMOTION PARTIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH FINALIST’S DISQUALIFICATION AS A FINALIST/WINNER IN THE PROMOTION AND ALL PRIVILEGES AS A FINALIST/WINNER WILL BE IMMEDIATELY TERMINATED.
From time to time during the Contest, Sponsor may feature any/all Contest Entries on the Website and/or in Sponsor’s social media pages and channels, in Sponsor’s sole discretion. Being selected as a featured Contest Entry is unrelated to the Judging Criteria and does not guarantee selection as a Finalist 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 A CONTEST ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER CONTEST 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 Contest 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 Contest 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. Contest Entries that are not in accordance with the guidelines as stated herein or are not received during the Promotion 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 Contest Entry and/or an eligible participant. Participants may not register/enter with multiple email addresses, nor may participants use any other device or artifice to register/enter under multiple identities. Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any prize won, in Sponsor’s sole discretion.
7. ENTRY GUIDELINES: By submitting a Contest 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 Contest 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 Contest Entries.
By submitting a Contest 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 Contest 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 Contest Entry; and (f) that publication of the Contest 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 Contest Entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Contest 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, 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 Contest 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.firstname.lastname@example.org. 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.
CONTEST 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 Contest Entry requirements set forth herein in its reasonable discretion.
8. CONTEST JUDGING (to determine Contest Finalists): For each Contest Entry Period, Contest Entries will be judged by Sponsor and/or Sponsor’s marketing agency(ies) (the “Panel”). Contest Entries will be judged on the following criteria (the “Judging Criteria”): (a) Visual Interest; how unique is your Cheetos snack and how well does it match your description (33%); (b) Buzz-worthy; how buzz-worthy is your Cheetos snack, title and description (34%); and (c) Creativity; how creative is your title and description of the Cheetos snack (33%). For each Entry Period, the Contest Entry receiving the highest cumulative score for all criteria awarded by the Panel will be deemed a Finalist. In case of a tie, tied Contest Entries will be broken by cumulative points awarded for “Visual Interest”. If tie continues, then tie(s) will be broken by the Contest Entry with highest cumulative point score in the second criteria, continuing thereafter to the next criteria until the tie is broken. At the conclusion of the Contest Judging for Entry Period 10, the top four (4) Finalists’ Contest Entries receiving the highest cumulative scores for all criteria awarded by the Panel (out of the ten  Finalists) will advance to the Contest Voting round. In case of a tie, tied Finalists’ Contest Entries will be broken by the tie breaking methodology as stated above.
9. CONTEST VOTING (to determine Contest Grand Prize Winner): During the Voting Period, the top four (4) Finalists’ Contest Entries as determined in the Second Round of Contest Judging will be posted on the Website for public voting. Visitors to the Website will be able to vote for one (1) of the four (4) Finalist’s Contest Entry they like best based on the Judging Criteria as stated in Rule #8. To vote for a Finalist’s Contest Entry, click on the “Vote” button corresponding to that Finalist’s Contest Entry. Limit one (1) vote per device/platform (if applicable)/per day. The Finalist’s Contest Entry receiving the most votes at the conclusion of the Voting Period will be deemed the Grand Prize winner. In the case of a tie, the Finalist whose Contest Entry received the higher cumulative score in the Second Round of Contest Judging will be deemed the Grand Prize winner. At Sponsor’s discretion, additional voting platforms may be available, including, but not limited to text message and/or social platforms. Check the Website on or after August 20, 2016 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 device per day per platform. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a participant to vote more than the number of times authorized herein using multiple names or email addresses, paying or retaining third parties to create email accounts 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 participant 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 participant for whom the improper votes were received if the Sponsor determines that that participant was involved in any way in the perpetration of such fraud.
10. SWEEPSTAKES DRAWING: One (1) Sweepstakes Prize winner 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 among all eligible Sweepstakes entries received for a given day (“Daily Drawing”). Entries will carry forward to subsequent Daily Drawings. Odds of winning a Sweepstakes Prize depend on the number of eligible entries received for a given Daily Drawing. All drawings will be conducted by an independent judging agency, whose decisions are final in all matters relating to this Sweepstakes.
11. PRIZE DETAILS:
Instant-Win Prizes (10): Trip for winner and up to three (3) of winner’s guests to winner’s choice of one of the following destinations: New York City (NY), Washington D.C., Miami (FL), San Diego (CA) or Los Angeles (CA); and a 3-D printed version of winner’s Cheetos snack winning Game Piece. Trip must be taken by August 14, 2017. Trip consists of round-trip coach air transportation (from a major airport nearest winner’s home), overnight accommodations for five (5) nights; mid-size rental car for six (6) days; and $1,000 spending money (awarded in the form of a check, payable to winner). Winner must possess a current valid driver’s license, valid major credit card, meet age requirements of rental car agency, and meet/comply with all terms and conditions of the rental car agency in order to rent vehicle. If winner (or one of winner’s guests) does not qualify for the rental car portion of prize, Sponsor reserves the right, in its sole discretion, to substitute the rental car portion of the prize with $500.
Selection of airline and overnight accommodations are at Sponsor’s sole discretion. Winner will be required to provide a credit card prior to check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled prize-related activities (including, but not limited to airline flights) beyond its control. All travel is subject to availability, change, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Other restrictions may apply. Winner and guests must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license or passport) required for travel. Winner and guest must travel on same itinerary. Any minor guest (under age of 18; 19 in AL or NE) must be accompanied at all times by minor’s parent or legal guardian who must be the winner or one (1) of winner’s guests. Each guest (or his/her parent or legal guardian if minor) must complete and return a Liability/Travel Release prior to prize-award date. If winner cannot travel by the date specified, prize may be forfeited and an alternate winner selected (time permitting). Ground transportation (other than as stated herein), meals, gratuities and all other expenses not specified herein as part of the prize are solely winner’s responsibility. Approximate Retail Value (“ARV”): $10,000 each. Actual value depends on city/date/time of departure. Odds of winning an Instant-Win Prize: 1 in 3,200,000. Limit one (1) Instant-Win Prize per winning Game Piece per person/household.
Contest Grand Prize (1): $50,000, awarded in the form of a check or wire transfer, payable to winner.
Contest Finalist Prizes (10, 1 per Entry Period): $10,000, awarded in the form of a check or wire transfer, payable to winner. Limit one (1) Contest Finalist Prize per person/household.
Sweepstakes Prize (93, 1 per each day of the Promotion Period): One-year supply of Cheetos snacks awarded in the form of fifty-two (52) coupons each good for one (1) XL bag of Cheetos brand product (weight varies between 7 oz. and 8.5 oz per bag). ARV: $181.48. Limit one (1) Sweepstakes 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 $266,877.64.
12. CONTEST FINALISTS/WINNER NOTIFICATION: 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 Contest Finalists and the Contest Grand Prize winner will be notified by phone, email and/or mail. Contest Finalists (for Entry Periods 1 through 8) and Contest Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within seven (7) days of prize notification. Contest Finalists (for Entry Periods 9 and 10) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within two (2) days of prize notification via fax, email and/or overnight mail. Sweepstakes Prize winners will be notified by email, phone and/or mail. Sponsor is not responsible for suspended or discontinued wireless or Internet service which may result in a potential Contest Finalist or Contest 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 Contest Finalist, Contest Grand Prize winner or Sweepstakes Prize winner cannot be verified, (iii) if any required documents are not returned within the required number of days, or (iv) a potential Contest Finalist, Contest Grand Prize winner or Sweepstakes 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 Contest Finalist and the Contest Grand Prize winner agrees that his/her Contest 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 Contest 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 Contest Finalist and the Contest 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 Contest Finalist or the Contest Grand Prize winner may now or later have to his/her Contest Entry. Sponsor reserves the right to alter, change or modify the winning Contest Entry, in its sole discretion. Upon request of Sponsor, each Contest Finalist and the Contest Grand Prize 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 Contest 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.
13. LIMITATIONS OF LIABILITY AND RELEASE: No responsibility is assumed by Sponsor for lost, late, mutilated, illegible, unintelligible incomplete, misdirected or postage-due mail, Contest Entries, Sweepstakes Entries, Game Piece requests or prize claims. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant’s participation in or attempt to participate in the Promotion or ability or inability to upload or download any information in connection with the Promotion. 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 Promotion: 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 Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. 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 Promotion, the announcement of the prizes or in any Promotion-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 Promotion. 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.
By participating in the Promotion, 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 Promotion, or possession, acceptance, use and/or misuse of prize or participation in any Promotion-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 Promotion; 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 Promotion or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
14. DISCLAIMER: Game Pieces are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Game Pieces contain or are the result of printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sole liability for a regular official Game Piece is limited to replacement with a free randomly selected official Game Piece, while supplies last. Game Pieces may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules. All submitted Game Pieces become property of Sponsor, and will not be returned. No more than the stated number of Instant-Win Prizes will be awarded. In the event that production, seeding, printing or any other reasons cause more than stated number of Instant-Win Prizes, set forth in these Official Rules, to be available and/or claimed, Sponsor reserves right to award only the stated number of Instant-Win Prizes.
15. GENERAL CONDITIONS: Winners are solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the value of the prize, if applicable. 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 Promotion 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 Promotion, Sponsor reserves the right to (a) cancel, suspend and/or modify the Promotion, 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 Prize Claims, Contest Entries or Sweepstakes Entries (as applicable) received up to time of such action in a manner as determined by an independent judging agency. This Promotion 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 Promotion, 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 PROMOTION 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.
16. WINNER’S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by September 30, 2016 to: Cheetos Museum Winner’s List, 10 South 5th Street, 7th Floor, Dept. 881-755, Minneapolis, MN 55402.
17. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2016 Frito-Lay North America, Inc.