Frito-Lay – Variety Pack Your Bags Contest Sweepstakes

                                      VARIETY PACK YOUR BAGS CONTEST (“CONTEST”)

                                                                 OFFICIAL RULES

NO PURCHASE OR PAYMENT OF SPONSOR’S PRODUCT IS NECESSARY TO ENTER OR WIN. A PURCHASE OF SPONSOR’S PRODUCT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

 

1. ELIGIBILITY: For Nominators: The Contest is open only to legal residents residing in one of the fifty (50) United States or the District of Columbia who are (a) eighteen (18) years of age or older (19 years of age or older if a resident of Alabama or Nebraska); (b) a registered member of Facebook; and (c) have the permission (from Nominee, defined below) to nominate an individual (i.e. a Nominee) who is willing and able to accept a prize as described in Section 6, which includes being able to attend the prize event in New York City. For Nominees: To be eligible, a nominee must also be a legal resident residing in one of the fifty (50) United States or the District of Columbia who is eighteen (18) years of age or older (19 years of age or older if a resident of Alabama or Nebraska) at the time of (Nominator’s) entry and must be willing and able to accept a prize as described in Section 6, which includes being able to attend the prize event in New York City. See Section 6 for prize event details. The following persons are not eligible to participate as a Nominee; however such persons may nominate an individual who is not an immediate family member or a person living in their same residence for at least three months during the twelve-month period preceding the start date of the Contest: Employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), Vrbo, American Broadcasting Companies, Inc., Good Morning America, Paramount Pictures Corporation, their respective 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, “Sponsor and Contest 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).

*If you are not a registered member of Facebook, please visit http://www.facebook.com to register for a free account. If you are registering for the Contest via a mobile device, you must have the Facebook Messenger App installed on mobile device. If you do not have the Messenger App installed on your mobile device, go to the App store, search for Messenger (Facebook, Inc.) and follow instructions to install the App. Launch the App after downloading it and sign in as indicated.

 

Prizes will be awarded only to Nominees in accordance with these Official Rules. Nominators are not eligible to win a prize.

 

2. CONTEST PERIOD: Contest begins at 12:00:00 p.m. (noon) Central Time (“CT”) on January 27, 2020 and ends at 11:59:59 p.m. CT on February 7, 2020 (“Contest Period”). The time clock of the computer administering this Contest is the official clock for this Contest.

 

3. TO ENTER: The Sponsor invites eligible nominators to create and submit a video describing why the Nominee’s family deserves to win a prize, as stated in Section 6 (the “Video” or “Entry”).

 

At the beginning of the Video, Nominator must clearly state his/her first and last name and Nominee’s first and last name.
No other person(s) allowed in the Video other than the Nominator.
Video must not exceed two (2) minutes in length.
Entry must be in English.
See https://www.facebook.com/help/218673814818907 for valid file formats.
Entry must contain truthful and pertinent information.
Entry must adhere to all Entry Guidelines as stated in Section 4.

 

During the Contest Period, use the Send Message button to direct message your Video to Frito Lay Variety Packs at https://www.facebook.com/FritoLayVarietyPacks. Do not submit your Entry via posting on the wall of the Frito Lay Variety Packs Facebook page. A confirmation message will be sent to you from the Sponsor confirming receipt of your Entry.

 

By uploading your Entry, you indicate that you have read or have had these Official Rules read to you and that you are in agreement with the Official Rules.

 

Entries will be judged. See Section 5 for Judging Criteria.

 

By submitting an Entry, you agree that the Entry conforms to the “Entry Guidelines” specified in Section 4, and that Sponsor may disqualify entrant from the Contest if it believes, in its sole discretion, that the Entry fails to conform to such guidelines. Entries that are not in accordance with the “Entry Guidelines” as stated in Section 4 or are not received during the Contest Period will be ineligible. Limit one (1) nomination per person per day. Do not nominate the same person or members of his/her family twice. Nominees are not able to nominate themselves. 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 of the Contest Period which shall begin at 12:00:00 p.m. CT and end at 11:59:59 p.m. CT of the same day. Hereinafter, the Nominator may also be referred to as the entrant.

 

Entries must comply with these Official Rules and the Facebook Terms of Service (https://www.facebook.com/terms.php). In the event of a conflict between the Contest Official Rules and Facebook Terms of Service, the Contest Official Rules shall govern.

 

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. Entrants are solely responsible for any such wireless charges.

 

BY SUBMITTING AN ENTRY, ENTRANT AND HIS/HER NOMINEE EACH ACKNOWLEDGE THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEB SITE OR ITS SOCIAL MEDIA ASSETS, AT SPONSOR’S DISCRETION. Sponsor has no obligation to use or post any Entry you submit. Sponsor, it’s agencies and/or assigns 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.

 

4. ENTRY GUIDELINES: Entries must comply with these Official Rules. 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 it: (a) is your original work, (b) has not been previously published, (c) has not been entered in or won previous contests or awards (including previous contests offered by Sponsor), (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) 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 Contest 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, other than Sponsor’s) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.

 

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, marijuana, illegal drugs, tobacco, vaping products, 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 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 Entrant; (j) Cannot include music, unless it is an original work of the entrant; (k) Cannot contain 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; and (m) Cannot depict, and cannot itself, be in violation of any law.

 

If you think that any Entry infringes your intellectual property rights, please follow the notification guidelines as stated herein. Frito Lay North America, Inc. investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Frito-Lay’s Designated Agent to receive notifications of claimed copyright infringement is: By Mail: Jeanette Zimmer, 7701 Legacy Drive, Mail Drop 3A-160F, Plano, Texas 75024. By Email: Jeanette.zimmer@pepisco.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 DMCA, 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 SPONSOR’S 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 entry requirements set forth herein in its sole discretion.

 

5. CONTEST JUDGING: Entries will be judged by Sponsor, Sponsor’s agency and/or moderator(s) selected by Sponsor (“Panel”) based on the following criteria (“Judging Criteria”):

 

Deserving of winning a prize in the Contest (40%)
Story depicted in the Video is inspiring (30%)
Story is heartfelt (30%)

 

The Panel reserves the right to conduct interviews with any Nominator or Nominee and request for either individual to submit additional materials relating to the applicable Entry. The application of the Judging Criteria shall be in the sole and absolute discretion of the Panel. The Nominees of the three (3) Entries receiving the highest cumulative scores awarded by the Panel will be deemed the potential winners (“winner[s])”. In case of a tie, tie will be broken by cumulative points awarded for the first criteria above. If the tie continues, then tie(s) will be broken by the Entry receiving the highest cumulative point score in the second criteria, continuing thereafter to the next criteria until the tie is broken.

 

The Panel reserves the right to extend the Contest Period, select more or less winners or not to declare any winners, if, in their sole discretion, an insufficient number of eligible Entries are received and/or the eligible Entries do not meet the qualification standards based on these Official Rules. Contest Parties and the Panel disclaim any liability from any Nominator or Nominee and Nominators and Nominees agree to waive any claims against Contest Parties and the Panel relating to the judging process.

 

Sponsor may require that potential Nominees submit to a confidential background check to confirm eligibility and help ensure that the use of their Entries 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. If requested, the potential Nominees must agree to sign waiver forms authorizing the release of personal and background information. The background check will include, but is not limited, to the review of a potential Nominee’s (and his/her Nominator’s) social media accounts. Sponsor reserves the right to disqualify a potential Nominee based on the results of his/her background check.

 

6. PRIZE DETAILS: Three (3) prizes will be awarded, each consisting of a vacation for Winner and up to four (4) guests (“Vacation”) and an appearance on Good Morning America (“Prize Event”). Approximate Retail Value (“ARV”) of each prize, in total, is up to: $11,500.00. Actual value may depend on city/date/time of departure per trip.

 

“Vacation” portion of prize: The Vacation consists of round-trip coach air transportation (within the continental United States) for winner and up to four (4) guests, overnight accommodations via a Vrbo rental property, selected by Sponsor, for three (3) nights (subject to availability), and one (1) $500.00 pre-paid debit card (subject to terms and conditions as set by issuer). Vacation destination shall be assigned by Sponsor, in Sponsor’s sole discretion, and communicated to winner at the time of “Winner Notification” (see Section 8). Vacation must be booked through Sponsor’s designated travel agency by July 31, 2020 and completed by April 30, 2021. Any minor guest (under the age of 18; 19 if a resident of AL or NE) must be accompanied at all times by minor’s parent or legal guardian who must be the winner or one of winner’s guests. Guest(s) (or if a minor, his/her parent or legal guardian who must be the winner or one of winner’s guests) must complete and return a Liability/Travel Release prior to making travel arrangements. Winner is subject to the terms and conditions and privacy statement of Vrbo at the time of booking their Vacation-rental property accessible at https://www.Vrbo.com/legal/terms-and-conditions and https://www.Vrbo.com/legal/privacy-policy.

 

 “Prize Event” portion of prize: The Prize Event consists of an appearance on Good Morning America, round-trip coach air transportation for winner (Nominee) and up to four (4) guests, up to two (2) hotel rooms (to accommodate up to five (5) people in total) for one (1) night, ground transportation to the Good Morning America set (and return to hotel), and one (1) $250.00 pre-paid debit card (subject to terms and conditions as set by issuer). Appearance on Good Morning America is scheduled to take place on a date specified by Sponsor, in Sponsor’s sole discretion between March 1, 2020 and April 30, 2020. Any minor guest (under the age of 18; 19 if a resident of AL or NE) must be accompanied at all times by minor’s parent or legal guardian who must be the winner or one of winner’s guests. Guest(s) (or if a minor, his/her parent or legal guardian who must be the winner or one of winner’s guests) must complete and return a Liability/Travel Release prior to making travel arrangements. Exact travel dates to be communicated to the potential winner at the time of notication. Failure to appear at the Prize Event at the designated time shall result in winner forfeiting this portion of the prize. Any and all interviews, videos, and photographs associated with the Prize Event shall hereinafter be referred to as “Prize Event Content”. Nominees and their guests will not receive any compensation for participation in the Prize Event or Sponsor’s use of Prize Event Content. The Prize Event is subject to availability. Sponsor is not responsible for cancellation or preemption of show or for other circumstances that make it impractical or impossible to fulfill this element of the Contest. If, for whatever reason, a segment or program is cancelled or rescheduled, no compensation will be paid in lieu of any cancelled or rescheduled show. No responsibility is assumed by Sponsor if a show or the Prize Event segment is cancelled, rescheduled, delayed or postponed, in whole or in part.

 

Applicable to both travel portions of the prize: All air transportation shall originate and end from a major airport nearest winner’s home. Travel and accommodations are subject to availability and change. Ground transportation (other than as stated above), meals, gratuities and all other expenses not specified herein are solely winner’s responsibility. If a winner lives within two hundred-fifty (250) miles of the Vacation destination or New York City, ground transportation may be provided instead of air transportation, as determined by Sponsor, in Sponsor’s sole discretion. All travel is subject to availability, government restrictions and regulations, Vrbo and hotel accommodations, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Blackout dates may apply. Other restrictions may apply. Selection of airline(s), Vrbo accommodations and destination, and hotel are at Sponsor’s sole discretion. Winner may 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 Vrbo accommodations or hotel. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled prize-related activities (including, but not limited to any act or omissions whatsoever by the air carriers, transportation companies, or prize providers) beyond its control. In the event the winner and/or a guest misses a scheduled airline flight (through no fault of Sponsor or due to Force Majeure), Sponsor will have no liability for any costs associated with changing or rebooking transportation. Winner and his/her guest(s) must have all necessary identification and/or travel documents (e.g. passport or valid driver’s license) required for travel and must travel on the same itinerary. Winner and his/her guest(s) are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

 

Winner must accept prize as stated by Sponsor or prize may be forfeited. Any difference between stated value and actual value will not be awarded. Total ARV of all prizes is up to $34,500.00. Limit one (1) prize per household. Nominators are not eligible for any prize(s). 

 

If Sponsor so elects, winner and/or guest(s) may be required to submit to a confidential background check to help ensure that the winner or guest(s) will not pose a safety threat or, in the Sponsor’s sole discretion, bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. Sponsor reserves the right to disqualify the winner and/or a guest based on the results of their background check. If requested, the winner and/or guest(s) agree to sign waiver forms authorizing the release of personal and background information.

 

7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from entrant’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 the Sponsor or the Contest 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, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet or wireless 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 Facebook or Facebook Messenger in whole or in part for any reason; traffic congestion on the Internet; 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 a Facebook account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical, technical, computer, network or human errors which may occur in the administration of the Contest, the uploading, the processing of Entries, the judging of Entries, the announcement of prizes or in any Contest-related materials. Entry is at user’s own risk. Sponsor and Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer or web-enabled device resulting from participation in the Contest. 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’S OR CONTEST PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

8. WINNER NOTIFICATION:  Announcement and instructions for the prize winners will be posted to the corresponding Nominator’s Facebook Messenger or direct message. Each entrant is responsible for monitoring his/her Facebook account for prize notification and receipt or other communications related to this Contest. Failure to respond appropriately to Sponsor’s notification via Facebook within the specified time frame (as stated within the notification message) will result in forfeiture of prize. Potential Nominee winners and their Nominators will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within forty-eight (48) hours of prize notification as indicated on the Affidavit. Additionally, Nominee winners and their Nominators may also be requested to execute other paperwork necessary for the Prize Event portion of the prize also within the same time period. Sponsor is not responsible for suspended or discontinued wireless or online service which may result in a potential winner not receiving a prize notification; nor is Sponsor responsible for any change in entrant’s Facebook account. If (a) an attempted notification or a prize is returned as undeliverable, (b) a potential winner does not respond to the prize-claim instructions as stated within the notification, (c) required documents are not returned within the required time frame, (d) a potential winner cannot be verified, or (e) a potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited.

 

By accepting a prize, each winner agrees that his/her Entry and Prize Event Content 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 and Prize Event Content, 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 winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry and Prize Event Content. Sponsor reserves the right to alter, change or modify the winning Entry and Prize Event Content, in its sole discretion. Sponsor, it’s agencies and/or assigns shall have the unlimited right and permission to use, modify, edit, distribute, publish, reproduce, display, exhibit, create derivative works of or to otherwise transmit the Entry or Prize Event Content, in any media, including digital, electronic, print, television, film and any other media now known or hereafter devised, for the purpose of trade, advertising and promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation to the entrant or to any other party, except where prohibited by law. 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 Prize Event Content 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 Contest, entrants agree (a) to release and hold harmless Sponsor, Contest Parties, and each of their respective officers, directors, employees and other agents from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting a prize, winners (a) agree that Sponsor and Contest Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest; from acceptance, possession, misuse or use of any prize, including travel thereto 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, biographical information, the Entry and Prize Event Content (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 Contest 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, technical difficulties, or any other condition beyond their reasonable 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 retail value of their prize. No cash equivalent or 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, entrant’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, entrants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.

 

Please see Sponsor’s privacy policy located at http://www.fritolay.com/legal/privacy-policy.htm for details of our policy regarding the personal information collected in connection with this Contest. Additionally, any communication between entrant and/or a Nominee and Sponsor or its agencies regarding this Contest (e.g. phone calls, text messages, chats, emails, direct messages, etc.) may be recorded for quality assurance and training purposes. Winners’ (Nominees’) names may be included in a publicly available winner’s list.

 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEB SITE ASSOCIATED WITH THIS CONTEST 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. WINNERS’ LIST: For the names of the Nominee winners, send a self-addressed, stamped envelope to be received by March 16, 2020 to: Variety Pack Your Bags Contest Winner’s List, 10 South 5th Street, 7th Floor, Dept. 882-720, Minneapolis, MN 55402.

 

12. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.

           

© 2020 Frito-Lay North America, Inc.

 

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Facebook.

 

VARIETY PACK YOUR BAGS CONTEST (“CONTEST”)

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF SPONSOR’S PRODUCT IS NECESSARY TO ENTER OR WIN. A PURCHASE OF SPONSOR’S PRODUCT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

 

1. ELIGIBILITY: For Nominators: The Contest is open only to legal residents residing in one of the fifty (50) United States or the District of Columbia who are (a) eighteen (18) years of age or older (19 years of age or older if a resident of Alabama or Nebraska); (b) a registered member of Facebook; and (c) have the permission (from Nominee, defined below) to nominate an individual (i.e. a Nominee) who is willing and able to accept a prize as described in Section 6, which includes being able to attend the prize event in New York City. For Nominees: To be eligible, a nominee must also be a legal resident residing in one of the fifty (50) United States or the District of Columbia who is eighteen (18) years of age or older (19 years of age or older if a resident of Alabama or Nebraska) at the time of (Nominator’s) entry and must be willing and able to accept a prize as described in Section 6, which includes being able to attend the prize event in New York City. See Section 6 for prize event details. The following persons are not eligible to participate as a Nominee; however such persons may nominate an individual who is not an immediate family member or a person living in their same residence for at least three months during the twelve-month period preceding the start date of the Contest: Employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), Vrbo, American Broadcasting Companies, Inc., Good Morning America, Paramount Pictures Corporation, their respective 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, “Sponsor and Contest 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).

 

*If you are not a registered member of Facebook, please visit http://www.facebook.com to register for a free account. If you are registering for the Contest via a mobile device, you must have the Facebook Messenger App installed on mobile device. If you do not have the Messenger App installed on your mobile device, go to the App store, search for Messenger (Facebook, Inc.) and follow instructions to install the App. Launch the App after downloading it and sign in as indicated.

 

Prizes will be awarded only to Nominees in accordance with these Official Rules. Nominators are not eligible to win a prize.

 

2. CONTEST PERIOD: Contest begins at 12:00:00 p.m. (noon) Central Time (“CT”) on January 27, 2020 and ends at 11:59:59 p.m. CT on February 7, 2020 (“Contest Period”). The time clock of the computer administering this Contest is the official clock for this Contest.

 

3. TO ENTER: The Sponsor invites eligible nominators to create and submit a video describing why the Nominee’s family deserves to win a prize, as stated in Section 6 (the “Video” or “Entry”).

 

At the beginning of the Video, Nominator must clearly state his/her first and last name and Nominee’s first and last name.
No other person(s) allowed in the Video other than the Nominator.
Video must not exceed two (2) minutes in length.
Entry must be in English.
See https://www.facebook.com/help/218673814818907 for valid file formats.
Entry must contain truthful and pertinent information.
Entry must adhere to all Entry Guidelines as stated in Section 4.

 

During the Contest Period, use the Send Message button to direct message your Video to Frito Lay Variety Packs at https://www.facebook.com/FritoLayVarietyPacks. Do not submit your Entry via posting on the wall of the Frito Lay Variety Packs Facebook page. A confirmation message will be sent to you from the Sponsor confirming receipt of your Entry.

 

By uploading your Entry, you indicate that you have read or have had these Official Rules read to you and that you are in agreement with the Official Rules.

 

Entries will be judged. See Section 5 for Judging Criteria.

 

By submitting an Entry, you agree that the Entry conforms to the “Entry Guidelines” specified in Section 4, and that Sponsor may disqualify entrant from the Contest if it believes, in its sole discretion, that the Entry fails to conform to such guidelines. Entries that are not in accordance with the “Entry Guidelines” as stated in Section 4 or are not received during the Contest Period will be ineligible. Limit one (1) nomination per person per day. Do not nominate the same person or members of his/her family twice. Nominees are not able to nominate themselves. 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 of the Contest Period which shall begin at 12:00:00 p.m. CT and end at 11:59:59 p.m. CT of the same day. Hereinafter, the Nominator may also be referred to as the entrant.

 

Entries must comply with these Official Rules and the Facebook Terms of Service (https://www.facebook.com/terms.php). In the event of a conflict between the Contest Official Rules and Facebook Terms of Service, the Contest Official Rules shall govern.

 

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. Entrants are solely responsible for any such wireless charges.

 

BY SUBMITTING AN ENTRY, ENTRANT AND HIS/HER NOMINEE EACH ACKNOWLEDGE THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEB SITE OR ITS SOCIAL MEDIA ASSETS, AT SPONSOR’S DISCRETION. Sponsor has no obligation to use or post any Entry you submit. Sponsor, it’s agencies and/or assigns 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.

 

4. ENTRY GUIDELINES: Entries must comply with these Official Rules. 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 it: (a) is your original work, (b) has not been previously published, (c) has not been entered in or won previous contests or awards (including previous contests offered by Sponsor), (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) 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 Contest 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, other than Sponsor’s) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.

 

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, marijuana, illegal drugs, tobacco, vaping products, 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 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 Entrant; (j) Cannot include music, unless it is an original work of the entrant; (k) Cannot contain 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; and (m) Cannot depict, and cannot itself, be in violation of any law.

 

If you think that any Entry infringes your intellectual property rights, please follow the notification guidelines as stated herein. Frito Lay North America, Inc. investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Frito-Lay’s Designated Agent to receive notifications of claimed copyright infringement is: By Mail: Jeanette Zimmer, 7701 Legacy Drive, Mail Drop 3A-160F, Plano, Texas 75024. By Email: Jeanette.zimmer@pepisco.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 DMCA, 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 SPONSOR’S 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 entry requirements set forth herein in its sole discretion.

 

5. CONTEST JUDGING: Entries will be judged by Sponsor, Sponsor’s agency and/or moderator(s) selected by Sponsor (“Panel”) based on the following criteria (“Judging Criteria”):

 

Deserving of winning a prize in the Contest (40%)
Story depicted in the Video is inspiring (30%)
Story is heartfelt (30%)

 

The Panel reserves the right to conduct interviews with any Nominator or Nominee and request for either individual to submit additional materials relating to the applicable Entry. The application of the Judging Criteria shall be in the sole and absolute discretion of the Panel. The Nominees of the three (3) Entries receiving the highest cumulative scores awarded by the Panel will be deemed the potential winners (“winner[s])”. In case of a tie, tie will be broken by cumulative points awarded for the first criteria above. If the tie continues, then tie(s) will be broken by the Entry receiving the highest cumulative point score in the second criteria, continuing thereafter to the next criteria until the tie is broken.

 

The Panel reserves the right to extend the Contest Period, select more or less winners or not to declare any winners, if, in their sole discretion, an insufficient number of eligible Entries are received and/or the eligible Entries do not meet the qualification standards based on these Official Rules. Contest Parties and the Panel disclaim any liability from any Nominator or Nominee and Nominators and Nominees agree to waive any claims against Contest Parties and the Panel relating to the judging process.

 

Sponsor may require that potential Nominees submit to a confidential background check to confirm eligibility and help ensure that the use of their Entries 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. If requested, the potential Nominees must agree to sign waiver forms authorizing the release of personal and background information. The background check will include, but is not limited, to the review of a potential Nominee’s (and his/her Nominator’s) social media accounts. Sponsor reserves the right to disqualify a potential Nominee based on the results of his/her background check.

 

6. PRIZE DETAILS: Three (3) prizes will be awarded, each consisting of a vacation for Winner and up to four (4) guests (“Vacation”) and an appearance on Good Morning America (“Prize Event”). Approximate Retail Value (“ARV”) of each prize, in total, is up to: $11,500.00. Actual value may depend on city/date/time of departure per trip.

 

“Vacation” portion of prize: The Vacation consists of round-trip coach air transportation (within the continental United States) for winner and up to four (4) guests, overnight accommodations via a Vrbo rental property, selected by Sponsor, for three (3) nights (subject to availability), and one (1) $500.00 pre-paid debit card (subject to terms and conditions as set by issuer). Vacation destination shall be assigned by Sponsor, in Sponsor’s sole discretion, and communicated to winner at the time of “Winner Notification” (see Section 8). Vacation must be booked through Sponsor’s designated travel agency by July 31, 2020 and completed by April 30, 2021. Any minor guest (under the age of 18; 19 if a resident of AL or NE) must be accompanied at all times by minor’s parent or legal guardian who must be the winner or one of winner’s guests. Guest(s) (or if a minor, his/her parent or legal guardian who must be the winner or one of winner’s guests) must complete and return a Liability/Travel Release prior to making travel arrangements. Winner is subject to the terms and conditions and privacy statement of Vrbo at the time of booking their Vacation-rental property accessible at https://www.Vrbo.com/legal/terms-and-conditions and https://www.Vrbo.com/legal/privacy-policy.

 

 “Prize Event” portion of prize: The Prize Event consists of an appearance on Good Morning America, round-trip coach air transportation for winner (Nominee) and up to four (4) guests, up to two (2) hotel rooms (to accommodate up to five (5) people in total) for one (1) night, ground transportation to the Good Morning America set (and return to hotel), and one (1) $250.00 pre-paid debit card (subject to terms and conditions as set by issuer). Appearance on Good Morning America is scheduled to take place on a date specified by Sponsor, in Sponsor’s sole discretion between March 1, 2020 and April 30, 2020. Any minor guest (under the age of 18; 19 if a resident of AL or NE) must be accompanied at all times by minor’s parent or legal guardian who must be the winner or one of winner’s guests. Guest(s) (or if a minor, his/her parent or legal guardian who must be the winner or one of winner’s guests) must complete and return a Liability/Travel Release prior to making travel arrangements. Exact travel dates to be communicated to the potential winner at the time of notication. Failure to appear at the Prize Event at the designated time shall result in winner forfeiting this portion of the prize. Any and all interviews, videos, and photographs associated with the Prize Event shall hereinafter be referred to as “Prize Event Content”. Nominees and their guests will not receive any compensation for participation in the Prize Event or Sponsor’s use of Prize Event Content. The Prize Event is subject to availability. Sponsor is not responsible for cancellation or preemption of show or for other circumstances that make it impractical or impossible to fulfill this element of the Contest. If, for whatever reason, a segment or program is cancelled or rescheduled, no compensation will be paid in lieu of any cancelled or rescheduled show. No responsibility is assumed by Sponsor if a show or the Prize Event segment is cancelled, rescheduled, delayed or postponed, in whole or in part.

 

Applicable to both travel portions of the prize: All air transportation shall originate and end from a major airport nearest winner’s home. Travel and accommodations are subject to availability and change. Ground transportation (other than as stated above), meals, gratuities and all other expenses not specified herein are solely winner’s responsibility. If a winner lives within two hundred-fifty (250) miles of the Vacation destination or New York City, ground transportation may be provided instead of air transportation, as determined by Sponsor, in Sponsor’s sole discretion. All travel is subject to availability, government restrictions and regulations, Vrbo and hotel accommodations, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Blackout dates may apply. Other restrictions may apply. Selection of airline(s), Vrbo accommodations and destination, and hotel are at Sponsor’s sole discretion. Winner may 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 Vrbo accommodations or hotel. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled prize-related activities (including, but not limited to any act or omissions whatsoever by the air carriers, transportation companies, or prize providers) beyond its control. In the event the winner and/or a guest misses a scheduled airline flight (through no fault of Sponsor or due to Force Majeure), Sponsor will have no liability for any costs associated with changing or rebooking transportation. Winner and his/her guest(s) must have all necessary identification and/or travel documents (e.g. passport or valid driver’s license) required for travel and must travel on the same itinerary. Winner and his/her guest(s) are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

 

Winner must accept prize as stated by Sponsor or prize may be forfeited. Any difference between stated value and actual value will not be awarded. Total ARV of all prizes is up to $34,500.00. Limit one (1) prize per household. Nominators are not eligible for any prize(s). 

 

If Sponsor so elects, winner and/or guest(s) may be required to submit to a confidential background check to help ensure that the winner or guest(s) will not pose a safety threat or, in the Sponsor’s sole discretion, bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. Sponsor reserves the right to disqualify the winner and/or a guest based on the results of their background check. If requested, the winner and/or guest(s) agree to sign waiver forms authorizing the release of personal and background information.

 

7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from entrant’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 the Sponsor or the Contest 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, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet or wireless 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 Facebook or Facebook Messenger in whole or in part for any reason; traffic congestion on the Internet; 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 a Facebook account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical, technical, computer, network or human errors which may occur in the administration of the Contest, the uploading, the processing of Entries, the judging of Entries, the announcement of prizes or in any Contest-related materials. Entry is at user’s own risk. Sponsor and Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer or web-enabled device resulting from participation in the Contest. 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’S OR CONTEST PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

8. WINNER NOTIFICATION:  Announcement and instructions for the prize winners will be posted to the corresponding Nominator’s Facebook Messenger or direct message. Each entrant is responsible for monitoring his/her Facebook account for prize notification and receipt or other communications related to this Contest. Failure to respond appropriately to Sponsor’s notification via Facebook within the specified time frame (as stated within the notification message) will result in forfeiture of prize. Potential Nominee winners and their Nominators will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within forty-eight (48) hours of prize notification as indicated on the Affidavit. Additionally, Nominee winners and their Nominators may also be requested to execute other paperwork necessary for the Prize Event portion of the prize also within the same time period. Sponsor is not responsible for suspended or discontinued wireless or online service which may result in a potential winner not receiving a prize notification; nor is Sponsor responsible for any change in entrant’s Facebook account. If (a) an attempted notification or a prize is returned as undeliverable, (b) a potential winner does not respond to the prize-claim instructions as stated within the notification, (c) required documents are not returned within the required time frame, (d) a potential winner cannot be verified, or (e) a potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited.

 

By accepting a prize, each winner agrees that his/her Entry and Prize Event Content 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 and Prize Event Content, 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 winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry and Prize Event Content. Sponsor reserves the right to alter, change or modify the winning Entry and Prize Event Content, in its sole discretion. Sponsor, it’s agencies and/or assigns shall have the unlimited right and permission to use, modify, edit, distribute, publish, reproduce, display, exhibit, create derivative works of or to otherwise transmit the Entry or Prize Event Content, in any media, including digital, electronic, print, television, film and any other media now known or hereafter devised, for the purpose of trade, advertising and promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation to the entrant or to any other party, except where prohibited by law. 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 Prize Event Content 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 Contest, entrants agree (a) to release and hold harmless Sponsor, Contest Parties, and each of their respective officers, directors, employees and other agents from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting a prize, winners (a) agree that Sponsor and Contest Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest; from acceptance, possession, misuse or use of any prize, including travel thereto 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, biographical information, the Entry and Prize Event Content (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 Contest 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, technical difficulties, or any other condition beyond their reasonable 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 retail value of their prize. No cash equivalent or 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, entrant’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, entrants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.

 

Please see Sponsor’s privacy policy located at http://www.fritolay.com/legal/privacy-policy.htm for details of our policy regarding the personal information collected in connection with this Contest. Additionally, any communication between entrant and/or a Nominee and Sponsor or its agencies regarding this Contest (e.g. phone calls, text messages, chats, emails, direct messages, etc.) may be recorded for quality assurance and training purposes. Winners’ (Nominees’) names may be included in a publicly available winner’s list.

 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEB SITE ASSOCIATED WITH THIS CONTEST 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. WINNERS’ LIST: For the names of the Nominee winners, send a self-addressed, stamped envelope to be received by March 16, 2020 to: Variety Pack Your Bags Contest Winner’s List, 10 South 5th Street, 7th Floor, Dept. 882-720, Minneapolis, MN 55402.

 

12. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.

           

© 2020 Frito-Lay North America, Inc.

 

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Facebook.