Frito-Lay – Mega Cheesy Ball Scratch And Match Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS, A VALID SHOPPER’S CARD DIGITAL ACCOUNT & EMAIL ACCOUNT NECESSARY TO PARTICIPATE.
1. ELIGIBILITY: The “Cheetos® Mega Cheesy Ball Scratch and Match” Sweepstakes (“Game” or “Promotion”) is offered only to legal residents of the fifty (50) United States (except FL, NY and RI) and the District of Columbia (“D.C.”) who are at least 18 years old at time of participation. Employees, officers and directors of Frito-Lay, Inc. (“Sponsor”) if involved in the preparation of materials, execution and/or administration of this Promotion, and all employees, officers and directors of The Kroger Co., YOU Technology, LLC (“Administrator”), and their respective parent, affiliated and subsidiary companies (including each of The Kroger Co. Family of Stores listed in Rule 3), advertising and promotional agencies and any individuals/entities involved in the preparation of materials, execution and/or administration of this Promotion (collectively the “Promotion Entities”) are not eligible to participate. Groups, clubs, organizations, commercial entities and businesses are not eligible to participate. The Promotion is void in FL, NY and RI and where prohibited or restricted by law. Participants must have a participating digital account tied to a participating Shopper’s Card which may be obtained without cost. See Rule 3 for details.
2. PROMOTION PERIOD The Promotion begins on or about 12:00 am Pacific Time (PT) on May 13, 2019 and ends on or about 11:59 pm (PT) on June 15, 2019 (the “Promotion Period”). The Promotion consists of an instant win game, as described herein (the “Game”). Participants may participate in the Game during the Promotion Period once per day. A “day” is defined as the period 12:00 am PT until 11:59 pm PT each calendar date during the Promotion Period. All time referenced herein is Pacific Time. Administrator’s server’s clock is the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO. 3. HOW TO ENTER:
No purchase required to play. During the Promotion Period, access
(“Website”) and sign in to your digital account tied to your participating Shopper’s Card (“account”). If you do not have an account, follow the instructions to register online or sign up in-store and then create an online account at your participating Kroger Co. Family of Stores retailer website. Creating an account is free. After signing in you will be taken to a landing page with instructions on how to play the “Mega Cheesy Ball Scratch and Match” Game for a chance to win a prize. The Game consists of nine (9) separate Cheetos balls. To play the Game, scratch and match three (3) Cheetos balls (“Game Play”). If your scratch and match reveals three (3) matching Cheetos shapes you will be a potential instant winner of an instant win prize indicated in the Prize section below (“Instant Win” prize). Each Game Play is considered one “entry.” Prizes are seeded by time of day, which determines whether or not a winning or non-winning message is displayed on the screen after a Game Play. If your Game Play is the first to occur at or after one of the randomly-generated winning times, you will be a potential instant winner of an instant win prize indicated in the Prize section below (“Instant Win” prize). If multiple Game Plays are received at exactly the same winning time, the Website will randomly select which of the Game Plays is the winning Game Play for that winning time. If you are an Instant Win prize winner, you will instantly see an on-screen message indicating that you have won (subject to verification) an Instant Win prize and identifying the prize. You must have three (3) matching Cheetos shapes and winner message must appear in order to be considered a winning Game Play. Any other scenario does not constitute a winning Game Play. If you are an Instant Win prize winner, follow the instructions to add the prize to your account. If you are not a winner, the on-screen message will indicate that you did not win.
Limit one Game Play/entry per person/household/Shopper’s Card account per day (as defined above) across all banners. By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, Kroger and Administrator, which are final and binding in all respects, including but not limited to the verification of winners and prize messages. Sponsor, Kroger and Administrator reserve the absolute right, at their reasonable discretion to refuse, disqualify, or withdraw any entrant or entry at any time during or after the Promotion Period. Without limiting the foregoing, entrant will be disqualified if Sponsor, Kroger or Administrator believes the entrant’s participation or any element thereof, is not in the spirit of the Promotion, is ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s, Kroger’s and/or other Promotion Entities’ brands, products or services. If an entrant is found to have been ineligible or noncompliant subsequent to prize award, prize must be immediately returned in full.
List of retailer websites (“banners”):
Kroger: www.Kroger.com Ralphs: www.Ralphs.com QFC: www.QFC.com King Soopers: www.KingSoopers.com City Market: www.CityMarket.com Foods Co: www.FoodsCo.net Fry’s: www.FrysFood.com Fred Meyer: www.FredMeyer.com Food 4 Less: www.Food4Less.com Gerbes: www.Gerbes.com Dillons: www.Dillons.com Baker’s: www.BakersPlus.com Smith’s: www.SmithsFoodandDrug.com Jay C: www.JayCFoods.com Owen’s: www.OwensMarket.com Pay Less: www.Pay-Less.com Marianos: www.marianos.com Copps: www.copps.com Metro Market: www.metromarket.net Pick n Save: www.picknsave.com
Internet access and device data usage charges imposed by your mobile plan and/or online service will apply if you participate via a mobile device. A mobile device is not required to participate. Sponsor cannot guarantee this Promotion will be available via all wireless carriers; Promotion will be available on participating wireless carriers only. Wireless carriers’ instructions may vary.
Standard data plan rates may apply in accordance with your individual service plan. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Promotion via mobile device.
Entrants may not play using multiple or false email addresses, identities or accounts, nor may entrants use any other device or artifice to enter, or to play more than the permitted number of times per day. Any (suspected) use of cheating, fraud, spamming, phishing, robotic, automatic, bots, macro, programmed or like Game Plays/entry methods will void all such entries/Game Plays made by such methods, and disqualify any entrant suspected of using/benefitting from such methods. In case of dispute, entries will be declared made by the authorized account holder of the email address associated with the Shopper Card’s digital account at the time of entry. “Authorized Account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor, Kroger and Administrator reserve the absolute right to disqualify any entrant/entry at any time during or after the Promotion Period. Prize awards are subject to eligibility, verification and compliance with these Official Rules, and to any prize redemption and other instructions on the Website. Sponsor, Kroger and Administrator assume no responsibility for lost, late, incomplete, inaccurate, stolen, misdirected, or illegible Game Plays/entries; or for any computer, Website, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; or for garbled, corrupt, or jumbled transmissions; or for service provider, Internet, mobile device, app, Website, user accessibility, unavailability, hardware/software incompatibility, traffic congestion, or unauthorized human intervention or any technical or human error in the entry process or administartiton of the Promotion; or for the incorrect or inaccurate capture of Game Plays/entries or other information, or the failure to capture any such information for any reason.
4. PRIZES/ODDS OF WINNING: Instant Win Prizes and Approximate Retail Value (“ARV”) of each are as follows: $50 load to Shopper’s Card (300) $25 load to Shopper’s Card (600) $2.78 Cheetos, 7.5-8.0 oz bag (3,500) Total ARV of all Instant Win Prizes: $39,730. Unless otherwise stated herein, once timely and properly claimed, each Instant Win prize will be awarded in the form of an electronic coupon, which may be loaded directly to the winner’s Shopper’s Card in the size/portion/value as stated on the coupon.
Odds of winning an Instant Win prize depend on the total number of valid Game Plays completed during the Promotion Period and the date and time such Game Plays are recorded.
Limit of three (3) Instant Win prizes per person/household/account (across all banners) during the entire Promotion Period. Limit one (1) prize per person/household/account (across all banners) per prize level during the entire Promotion Period. Products awarded as prizes may not be sold, auctioned, bartered, assigned, exchanged, commercially transferred or donated, or otherwise placed into unauthorized commercial channels of distribution.
Any difference between stated ARV and actual value of any prize will not be awarded as cash or otherwise.
All prizes will be awarded assuming sufficient eligible Game Plays/entries are received and prizes are claimed properly in accordance with these Official Rules. Gift Cards and coupons, as applicable, are subject to the terms and conditions of issuer; restrictions and limitations may apply. Each digital coupon may be used one-time only. Prizes loaded as value to cards, if applicable, must be used in their entirety within the same transaction, any unused portion will be void and will not roll-over, and are subject to additional terms and conditions of issuer; other restrictions and limitations may apply. If lost, damaged, destroyed, stolen or misplaced, coupon and/or cards will not be replaced by Sponsor, Kroger or Administrator. If you do not claim your prize within the time stated in your prize winner message, the prize will be forfeited and will NOT be re-awarded. There will NOT be a second chance drawing; all un-awarded, unclaimed, ignored, returned or otherwise undelivered Game Plays, prize notifications or prizes will be forfeited. If applicable, Promotion Entities are not responsible for any undelivered telephone calls, posts, direct messages, emails, or any other communications, including but not limited to those that are not received because of social media or entrant’s privacy, junk or spam filter settings that may divert any prize or notification or other Promotion related communications to a spam or junk folder. Prize winners are solely responsible for all costs and expenses not specified in these Official Rules. Prizes may not be transferred, assigned, redeemed for cash or substituted, in whole or in part, except that Sponsor may substitute any prize or prize component with a prize or prize component of equal or greater value. In the event that technological, programming, printing, prize seeding or any other events or errors, or other similar or dissimilar situations, cause more than the stated number of prizes in any category, as indicated in these Official Rules, to be communicated, announced, printed, distributed, claimed or received (in any and all media/medium), Sponsor reserves the right, in its absolute discretion, to award only the stated number of prizes in such category by random drawing from among all eligible, non-suspect claimants in that prize category, or otherwise as Sponsor deems fair. Only the prizes described and quantity of prizes offered in these Official Rules will be available to be won in this Promotion. In no event will Sponsor or Kroger be responsible to award more than the stated number or description of prizes than those specified herein. Winning a prize is contingent upon fulfilling all requirements of these Official Rules. Neither Sponsor, Kroger nor Administrator are responsible for inability of any winner to accept a prize in accordance with these Official Rules. 5. RELEASE: BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS PEPSICO, KROGER, ADMINISTRATOR, OTHER PROMOTION ENTITIES AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN THIS PROMOTION AND/OR ANY PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, AND/OR OTHER PARTICIPATION IN THIS PROMOTION (IN WHOLE OR IN PART). To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision. If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if executed without the offending provision appearing therein. 6. PUBLICITY: Except where prohibited, acceptance of any prize constitutes winner’s consent to Kroger’s and PepsiCo’s (and their authorized representatives’) use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media now known or hereinafter developed, worldwide, without prior approval, review, or further payment or consideration. 7. GENERAL RULES: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by Website users, human error, tampering, hacking or by any of the equipment, software or programming associated with or utilized in the Promotion, or any element thereof, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft, loss or destruction of Game Plays/entries, nor for the failure to collect, track or acknowledge Game Plays/entries. Further, Promotion Entities are not responsible for injury or damage to participants’ or to any other person’s computer/device related to or resulting from downloading materials from or use of the Website. If, for any reason, the Promotion or any element thereof (in whole or in part) in the sole opinion of Sponsor, Kroger or Administrator, is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, human or technological error, force majeure, fraud, cheating, technical failures, or any other causes similar or dissimilar which Sponsor, Kroger or Administrator in their absolute opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof (in whole or in part), Sponsor, Kroger or Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or Game Play or any element thereof, and to randomly award any remaining prizes from among all non-suspect, eligible participants as of the date/time such action os taken in a manner deemed by Sponsor, Kroger or Administrator in their absolute discretion to be fair. Notice of such action by the Promotion Entities will be posted on the Website. Promotion Entities are not responsible for any typographical, human, technological or other errors in the printing of promotional materials, administration of the Promotion or any element thereof, or in the announcement or notifications of prizes/prize winners. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, communications or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Federal, State and local taxes applicable to any prize, if any, are the responsibility of the winners. Failure to timely return or properly complete release documents (if required for prize claim), or if a potential winner is non-compliant or found to be ineligible, at any time, it will result in prize forfeiture. All forfeited prizes will revert to Sponsor’s ownership. 8. DISPUTE RESOLUTION/CHOICE OF LAW/JURISIDICTION: Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the appropriate courts in Hamilton County, Ohio and expressly agree and consent to the subject matter and personal jurisdiction of such courts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and hereby waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participant or any of the Promotion Entities in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the state of Ohio without regard to conflicts of law principles (whether of Ohio or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Ohio. 9. ENTRANT’S PERSONAL INFORMATION:
10. ADMINISTRATOR: YOU Technology, LLC, 2001 Junipero Serra Fwy, Daly City, CA 94014 11. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024 and Kroger Co. All trademarks used herein are the property of their respective owners.