LAY'S® DO US A FLAVOR™ CONTEST OFFICIAL RULES
(Amended as of January 15, 2013 – See #7 Contest Voting)
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY: The LAY'S® Do Us A Flavor™ Contest (“Contest”) is open only to legal residents of any of the 50 United States or District of Columbia, who are 18 years of age or older at the time of entry. The following persons are not eligible to participate: Employees, contractors, directors, and officers of Frito-Lay, Inc. (“Sponsor”), its parent, subsidiaries and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Promotion Parties”) and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest).
2. CONTEST TIMING: Contest submissions must be received between 12:00:01 a.m. (midnight) Central Time (“CT”) on July 20, 2012 and 10:59:59 p.m. CT on October 6, 2012 (“Contest Entry Period”). The period in which the public may buy and try the different Finalists' Flavors and vote for their favorite begins at 12:00:01 a.m. CT on February 12, 2013 and ends at 11:59:59 p.m. CT on May 4, 2013 (“Contest Voting Period”). See Rule 6 for additional information on Finalist Flavors and voting.
3. TO ENTER: During the Contest Entry Period, the Sponsor invites participants to submit their ideas for a future flavor of LAY'S® Potato Chips in the following manners:
(a) Text Message: Use your cellular phone to text FLAVOR to 24477 (CHIPS). Sponsor will send a reply message requesting you to submit your Entry by sending (i) your name; (ii) flavor name; (iii) up to 3 ingredients; and (iv) description of your flavor and/or inspiration (limited to 140 characters) back to 24477 (CHIPS) (altogether the “Entry”). Entry by Text Message constitutes your agreement to receive bounce-back text messages and, if applicable, text messages and/or calls for prize notification and instructions. Multiple messages will be required for each entry made via text. Text the word “STOP” to cancel (will receive a confirmatory text); text the word “HELP” for help. Participants must have a mobile phone with text messaging capabilities to enter by text message and may incur a standard text message charge from their wireless service provider for each message sent and/or received. Check with your wireless service provider for details on these and any other applicable charges. Message and data rates may apply. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.
(b) Online: Visit www.facebook.com/lays (“Web site”) and follow the online instructions to register and submit your Entry (including your name, flavor name, up to 3 ingredients, and description) as described above.
Entries must be in English; however, they may include one or more familiar foreign words that have attained general acceptance and are commonly understood in the U.S. (e.g. “queso” or “fiesta”). Your flavor name must not be the same or substantially similar to an existing flavor of LAY'S® potato chips and/or it must not infringe on any third party's trademark, as determined by Sponsor in its sole discretion. For a list of existing LAY'S® flavors, visit www.fritolay.com.
See Rule 5 for Judging Criteria. All Entries must be received and recorded within the Contest Entry Period. The Sponsor's computer is the official timekeeping device for this Contest.
4. DRAWINGS: Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill to which Sponsor associates in Sponsor’s sole discretion. Entries must be suitable for family audiences and for display and publication on national television, in the sole determination of Sponsor. Without limitation, Entries shall not contain any content that is or contains: unlawful behavior, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable. Entries submitted via the Facebook platform must comply with Facebook Terms and Conditions available at http://www.facebook.com/terms.php. Sponsor reserves the right to monitor or screen Entries prior to posting them to the Web site, in its sole discretion. By entering, you acknowledge that your Entry may be posted on the Web site, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize 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. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible, in Sponsor’s sole discretion. By submitting an Entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not received 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; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled Entries are not eligible. In the event of an identity dispute, Entry will be considered made by the registered owner of the email address associated with the Facebook account and/or cell phone number used for entry. “Registered owner” is defined, in the case of online entry, as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address; and in the case of Text Message entry, as the natural person who is assigned a telephone number for the cell phone provider. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
5. CONTEST JUDGING: Entries will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged on the following criteria: (a) 30% Original and creative; (b) 30% Simple, straightforward and fun; (c) 40% Potential for delicious flavor for LAY'S potato chips. The top three (3) entrants whose Entries received the highest cumulative scores for all criteria awarded by the judges will be deemed the Finalists and will advance to the Contest Voting Period. In case of a tie for a Finalist position, tied Entries will be broken by cumulative points awarded for “Potential for delicious flavor for LAY’S”. If tie continues, then tie(s) will be broken by the Entry with highest cumulative point score for “Original and creative”, continuing thereafter to “Simple, straightforward and fun” until the tie is broken. Finalists will be announced on or after January 15, 2013.
6. FINALIST FLAVORS: The three (3) Finalist Flavors will be developed and produced as a limited time offering by Sponsor and offered for retail sale beginning on or around February 10, 2013. The Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed flavor name and/or the inclusion/omission of one or more of the suggested ingredient(s) in the product formulation) for the Finalist Flavors placed in market. Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics detail, supplier information, margins and sale information for each Finalist Flavor remains Sponsor’s proprietary information. Finalists shall not be entitled to access to any of Sponsor’s proprietary information except to the extent Sponsor elects to share such information, and Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the Finalist, as determined solely by Sponsor. Sales and distribution of the Finalist Flavors by participating retailers cannot be guaranteed by the Sponsor, and Sponsor is not responsible for any uneven distribution of the Finalist Flavors. If existing inventories of a Finalist Flavor are exhausted prior to the end of the Contest Voting Period, Sponsor is not obligated to produce more of that Finalist Flavor. It is at the Sponsor’s sole discretion how much involvement or say the Finalists will have (if any) in the product development and/or production process and/or the creation or planning of the package design and/or any related promotional materials for his/her Finalist Flavor. Finalists may be asked to participate in promotional activities related to their Finalist Flavors.
7. CONTEST VOTING: During the Contest Voting Period, consumers will be able to vote for their favorite Finalist Entry via the Web site. At Sponsor's discretion, additional voting platforms may be available, including, but not limited to Text Message. Check the Web site on or after February 12, 2013 for additional information about how to vote for your favorite Entry(ies). Regardless of the number of voting platforms available; each person is limited to one (1) vote per day per platform. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a Finalist and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names, cellphone numbers and/or email addresses, paying or retaining third parties to create Facebook and/or email accounts and/or phone numbers for the purposes of voting and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify such Finalist in its reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Finalist for whom the improper votes were received if the Sponsor determines that that Finalist was involved in any way in the perpetration of such fraud. At the end of the Contest Voting Period, the top Finalist Entry receiving the highest number of votes will be declared the Grand Prize winner. In the event of a tie, Grand Prize winner will be determined by the Finalist's Entry receiving the highest score (as originally judged) in “Potential for delicious flavor for LAY’S”. If tie continues, then tie(s) will be broken by the Entry with highest cumulative point score for ”Original and creative”, continuing thereafter to “Simple, straightforward and fun” until the tie is broken. At the conclusion of the Contest Voting Period, the Grand Prize Winner’s Finalist Flavor shall remain in market (until at least December 31, 2013) and the other two (2) Finalist Flavors shall be discontinued and phased out of market, at Sponsor’s sole discretion.
Additional Voting Platforms:
The three (3) Finalist Flavors are Cheesy Garlic Bread, Sriracha, and Chicken & Waffles.
Text your Vote: Text VOTE to 24477. Reply to Sponsor's text message with LAYS1 if you wish to vote for Cheesy Garlic Bread; LAYS2 if you wish to vote for Sriracha; or LAYS3 if you wish to vote for Chicken and Waffles. Multiple messages will be required for each Vote made via text. Text the word “STOP” to cancel (will receive a confirmatory text); text the word “HELP” for help. Participants must have a mobile phone with text messaging capabilities to vote by text message and may incur a standard text message charge from their wireless service provider for each message sent and/or received. Check with your wireless service provider for details on these and any other applicable charges. Message and data rates may apply. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.
Retailer-Specific Online Voting: Watch for various retailer advertisements inviting you to visit their Websites to vote for your Finalist Flavor. See the retailer-specific Official Rules on retailer's Website for details.
Limit one (1) vote per day per platform.
8. PRIZE DETAILS:
Finalist Prizes (2): Fifty Thousand dollars ($50,000), awarded in the form of a check or wire transfer, payable to winner. ARV: $50,000 each.
Finalist Prize Payout Terms: Finalist Prizes will be awarded after the Grand Prize Winner has been identified and verified. Allow 6-8 weeks upon Grand Prize Winner verification for Finalist Prizes to be awarded.
Grand Prize (1): The Grand Prize Winner shall be entitled to receive the greater of:
(a) One percent (1%) of the Net Sales* of the Grand Prize Winner’s Finalist Flavor for the period February 10, 2013 through December 31, 2013 (the “Sales Period”);
(b) One Million Dollars ($1,000,000). Awarded in the form of a check or wire transfer, payable to winner. Approximate Retail Value (“ARV”): $1,000,000.
*One percent (1%) of Net Sales will be paid in approximately February 2014 in the form of a check or wire transfer payable to the winner. Only those sales of the Grand Prize Winner’s Finalist Flavor product made under the Grand Prize winner's Flavor Name during the Sales Period in the fifty (50) United States and the District of Columbia (the “Sales Area”) will be included in the calculation of the Net Sales. The Sponsor does not guarantee any minimum sum with respect to the 1% of Net Sales to be paid to the Grand Prize winner. Grand Prize winner will not be entitled to any payment or award based on the sale of the Grand Prize winner’s Finalist Flavor product, or any flavor similar to it, outside of the Sales Area and/or outside of the Sales Period. Sponsor may limit, suspend or discontinue sales of and/or rename and/or reformulate the Grand Prize winner’s Finalist Flavor product at any time without notice in its sole and absolute discretion. The calculation of Net Sales shall be solely as determined by Sponsor without appeal or right to an audit or accounting. Under no circumstances shall acceptance of the Grand Prize be deemed to create a relationship of employment, joint venture or partnership as between the winner and Sponsor. Grand Prize winner shall not be entitled to any payments, benefits or entitlements beyond the prize as described above. Tax consequences, if any, resulting from the winner’s acceptance of the Grand Prize shall be the sole responsibility of the winner. The Grand Prize winner’s Finalist Flavor product and its formulation and specifications are proprietary to Sponsor and winner has no rights or claims in same.
Grand Prize Payout Terms: If Grand Prize winner accepts the One Million Dollar Prize prior to February of 2014; he/she immediately forfeits his/her right to seek additional compensation if one percent the Net Sales* of the Grand Prize winner’s Finalist Flavor for the period February 10, 2013 through December 31, 2013 exceeds One Million Dollars. Allow 6-8 weeks upon verification Grand Prize winner's choice for Grand Prize to be awarded.
Finalist winners and Grand Prize winner (hereinafter, both prize level winners may be referred to as “Winner”) must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate Winner. Any difference between stated value and actual value will not be awarded. Total ARV of all prizes is $1,100,000. Limit one (1) Finalist Prize per person/household. Except as specifically provided herein, Finalists are not entitled to any proceeds from Sponsor’s sale of the Finalist Flavors, or any adaptation thereof, now or in the future, in the U.S. or throughout the world. Sponsor shall determine in its sole discretion, whether and when to expand or discontinue one or more of the Finalist Flavors after the Contest.
9. 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 Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: Hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web site in whole or in part for any reason; traffic congestion on the Internet or the Web site ; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Contest-related materials. 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 or video equipment resulting from participation in the Contest.
By participating in the Contest, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree (a) to release Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest, including any claim that any future Sponsor product (Lay’s brand or otherwise) is similar to, based upon, or infringes on the entrant’s Entry; (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; (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 any prize, recipient (and recipient’s parent or legal guardian if recipient is a minor) (a) agrees that Facebook, Inc., Sponsor and Promotion Parties, participating retailers, 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 Contest; 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 Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
10. GENERAL CONDITIONS: Winners are solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the ARV of the prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, and 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 using the judging procedures outlined herein. This Contest is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, 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 AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE AND/OR FACEBOOK 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 DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNER NOTIFICATION: Winners will be notified by mail, phone and/or email. Sponsor is not responsible for any change in entrant's email, mailing address and/or telephone number. If attempted notification is returned as undeliverable, if Winner cannot be verified or if Winner is otherwise unable to accept the prize as stated, or if Winner is otherwise disqualified, prize will be forfeited and may be awarded to an alternate Winner who will be selected from among all remaining eligible Entries. Prizes won by an eligible participant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian. Winner (or Winner's parent/legal guardian if Winner is a minor in the state of his/her residence) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within ten (10) days of prize notification.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By accepting a prize, Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. 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. Sponsor reserves the right to alter, change or modify the winning Entry, in whole or in part, 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.
12. WINNER'S LIST: For the names of the Winners, send a self-addressed, stamped envelope to be received by April 30, 2013 to: LAY'S Do Us A Flavor Contest Winner's List, PO Box 750679, El Paso, TX 88575-0679.
13. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2012 Frito-Lay North America, Inc.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding this promotion shall be directed to Sponsor and not to Facebook.