Frito Lay – Win 1 of 4 $500 gift cards for your Cinco Fiesta by May 1, 2015!
TOSTITOS® CINCO FIESTA SWEEPSTAKES
Ends at 11:59:59 p.m. CT on May 1, 2015
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The Sweepstakes is open only to legal residents of any of the 50 United States and the District of Columbia who are 21 years of age or older at the time of entry. The following persons are not eligible to participate:
2. SWEEPSTAKES TIMING:
Sweepstakes begins at 9:00:00 a.m. Central Time on April 19, 2015 and ends at 11:59:59 p.m. CT on May 1, 2015 .
The Sweepstakes Period is divided into four (4) separate entry periods as defined below (each an “Entry Period”). Each Entry Period begins on the Start Date indicated below at 9:00:00 a.m. CT and ends on the End Date indicated below at 11:59:59 p.m. CT. The time clock of the computer administering this Sweepstakes is the official clock for this Sweepstakes.
Entry Period Post Date Start Date End Date Drawing Date
• 1 04/19/15 04/19/15 04/21/15 04/23/15
• 2 04/22/15 04/22/15 04/24/15 04/28/15
• 3 04/26/15 04/26/15 04/28/15 04/30/15
• 4 04/29/15 04/29/15 05/01/15 05/05/15
3. HOW TO ENTER:
On each Post Date during the Sweepstakes Period, visit MyCincoFiesta.com (the “Sweepstakes Web Site”) and click on the link to view Sponsor’s Tostitos® brand post on the Tostitos Facebook page at https://www.facebook.com/Tostitos (“Facebook Web Site”). Post a relevant comment on the Facebook Web Site (the “Entry”). For each Entry, you will receive one (1) entry into the random drawing for the corresponding Entry Period in which your Entry was received. Entries will not be judged. Limit one (1) Entry per Entry Period per person.
You must be a registered member of Facebook and meet all the eligibility requirements. If you are not a registered member of Facebook, please visit http://www.facebook.com to register for a free account.
The Sweepstakes Web Site and Facebook Web Site will hereinafter be referred to as the “Web Site”.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
4. ENTRY GUIDELINES:
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 Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, © has not won previous awards, (d) 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 a person whose name, likeness or image is used in the 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 entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, 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 administrator, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines in all material respects:
a. Must comply with these Official Rules and any Terms of Service on the Web Site;
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 feature 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 feature 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 feature background artwork, unless it is an original work of the entrant;
j. Cannot include music, unless it is an original work of the entrant;
k. Cannot feature materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission;
l. Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
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© (“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; © 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©(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 ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion.
One (1) winner will be selected in a random drawing to be held on or about each Drawing Date stated in Rule #2 from among all eligible Entries received for the corresponding Entry Period. Entries will not carry forward to subsequent Entry Period random drawings. All drawings will be conducted by an independent judging organization whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend upon the number of eligible Entries received for a given drawing. Limit one (1) prize per person/household.
6. PRIZE DETAILS:
Prize (4, 1 per Entry Period): Each winner will receive a $500 gift card which may be used towards winner’s own “Cinco Fiesta”. Gift cards are subject to terms and conditions as set by issuer. Approximate Retail Value (“ARV”): $500 each. Winner must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate winner. Total ARV of all prizes is $2,000. Any difference between the stated value and actual value of a prize will not be awarded.
7. LIMITATIONS OF LIABILITY AND RELEASE:
No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant’s participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Sponsor or the Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of a social media account used in connection with the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Sweepstakes.
8. WINNER NOTIFICATION:
Potential prize winners will be notified within approximately two (2) days of the applicable drawing date via email. Potential winner must respond to the email notification, as stated in the email, within seventy-two (72) hours or prize may be forfeited and awarded to an alternate winner. Winners may 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. Sponsor is not responsible for any change in entrant’s email address. If attempted notification is returned as undeliverable, if winner does not respond as indicated above within the required time frame, if any required documents are not returned within the required number of days, if prize is returned as undeliverable without a forwarding address, if winner cannot be verified, or if winner is otherwise unable to accept the prize as stated, prize may be forfeited and may be awarded to an alternate winner. Prizes will be shipped within 6-8 weeks after winner verification.
By accepting a prize, each 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. Winners hereby waive 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 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.
9. RELEASE OF LIABILITY:
By participating in the Sweepstakes, entrants agree (a) to release Sponsor and Promotion Parties, and Facebook, Inc. from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Sweepstakes; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; © all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting any prize, recipient (a) agrees that Sponsor and Promotion Parties, participating retailers, Facebook, Inc., 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 Sweepstakes; 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 Sweepstakes 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 the prize, and will receive an IRS Form 1099 for the ARV 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 Sweepstakes 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 Sweepstakes, Sponsor reserves the right to (a) cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes is offered only in 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 Sweepstakes, 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, entrants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNER’S LIST:
For the names of the winners, send a self-addressed, stamped envelope to be received by June 8, 2015 to: Tostitos® Cinco Fiesta Sweepstakes Winner’s List, PO Box 3000, Dept. 878-725, Young America, MN 55558-3000.
Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2015 Frito-Lay North America, Inc.