LAY'S® 75 & SUNNY PHOTO CONTEST OFFICIAL RULES
THE FOLLOWING CONTEST IS INTENDED FOR PLAY ONLY IN THE UNITED STATES AND DISTRICT OF COLUMBIA AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND LOCATED WITHIN THE UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES 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: The LAY’S 75 & Sunny Photo Contest (“Contest”) is open only to individuals who are legal U.S. residents of one of the 50 United States or the District of Columbia and are 18 years of age (19 in AL or NE) 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, 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, “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 PERIOD: Contest begins at 9:00:00 a.m. Central Time (“CT”) on May 19, 2013 and ends at 5:00:00 p.m. CT on August 1, 2013 (“Contest Period”). The Contest Period is separated into seventy-five (75) daily entry periods (each a “day”). A “day” is defined as each twenty-four (24) hour time period beginning at 12:00:00 a.m. CT and ending at 11:59:59 p.m. CT with the exception of the first day of the Contest Period which shall begin at 9:00:00 a.m. CT and end the following 11:59:59 p.m. CT and the last day of the Contest Period which shall begin at 12:00:00 a.m. CT and end the following 5:00:00 p.m. CT. Twitter is the official clock for the Contest for entries received via Twitter and Instagram, is the official clock for the Contest for entries received via Instagram.
3. TO ENTER: For each day of the Contest Period, Lay’s (Brand Sponsor) will publish a Contest theme (“Contest Theme”) inviting participants to enter the Contest in one of the following manners:
Limit one (1) entry per person/account per day, regardless of entry method. If entrant submits more than one (1) entry per day, the first entry received for that day will be considered in the judging; subsequent entries will be considered invalid. Incomplete, illegible, false, deceptive or garbled Entries are not eligible. Entries will not be acknowledged or returned.
Standard data charges may apply. Entries must comply with any applicable submission requirements located at either Web Site. Entries must comply with all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
4. SUBMISSION GUIDELINES: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person whose name, likeness or image is used in the photo and (f) and that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Each entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines:
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-421, Plano, Texas 75024. By Email: Jeanette.email@example.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 DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
ENTRIES POSTED TO THE WEB SITE (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
5. CONTEST JUDGING: For each day of the Contest Period, Entries (received for a particular day) will be judged by Sponsor and its designated agency partners based on the following equally-weighted criteria: (a) Relevance to Contest Theme (25%); (b) Brand integration (25%); (c) Creativity (25%); and (d) Originality (25%) (the “Judging Criteria”). The Entrant who submitted the Entry receiving the highest cumulative score as awarded by the judges will be deemed that day’s winner. In the event of a tie, tie breaker will be based upon the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie.
6. PRIZE DETAILS: Prize (75, 1 per day): a $75.00 eCode redeemable online only at Websites that accept Visa or MasterCard. Approximate Retail Value (“ARV”): $5,625.00. 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.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant's participation in or attempt to participate in the 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 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, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the 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 is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest. All Entries become the sole property of the Sponsor, and will not be acknowledged or returned.
8. WINNER NOTIFICATION: Potential winners will be notified in one of the following manners within approximately seven to ten (7-10) days of entry:
a. Twitter: Sponsor (@LAYS) will direct message potential winner and potential winner will be required to verify identify and contact information via e-mail to firstname.lastname@example.org within forty-eight (48) hours of notification.
b. Instagram: Sponsor (LAYS) will comment on potential winner’s photo submission and request potential winner’s e-mail address. E-mail address must be provided within forty-eight (48) hours of notification. Sponsor or Sponsor’s agency partners will then contact potential winner via e-mail to verify identify and contact information.
In both cases, winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within fourteen (14) days of prize notification. Sponsor is not responsible for any change in entrant's email, Twitter or Instagram account information, mailing address and/or telephone number. If attempted notification is returned as undeliverable, if winner does not respond to the email notification within the required time frame, if any required documents are not returned within the required number of days, if prize is returned as undeliverable without a forwarding address, if winner cannot be verified, or if winner is otherwise unable to accept the prize as stated, prize may be forfeited.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By accepting a prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
9. RELEASE OF LIABILITY: By participating in the Contest, entrants release Sponsor and Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest. By accepting a prize, each recipient (a) agrees that the Sponsor and Promotion Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents, Twitter, Inc. and Burbn, Inc. (Instagram), 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 prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor is 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, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prize 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, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Contest. In the event of cancellation, Sponsor will determine the winner from among all eligible, non-suspect Entries received prior to cancellation. This Contest is offered only in the United States and is governed by the laws of the state of Texas, and all claims must be resolved in the federal or state courts located in Collin or Dallas counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE WEB SITE 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'S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by August 30, 2013 to: 75 & Sunny Photo Contest Winner's List, PO Box 3000, Dept. 880-724, Young America, MN 55558-3000.
12. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
All snack-related trademarks are owned by Frito-Lay North America, Inc. © 2013.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. You understand that you are providing your information to Sponsor and not to Twitter or Instagram. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Twitter or Instagram.