Flamin' Hot or Not Sweepstakes Official Rules

February 2, 2022

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Flamin' Hot or Not Sweepstakes (the "Promotion") begins at 6:30:01 PM Eastern Time (“ET”) on February 13, 2022 and ends at 11:59:59 PM ET on February 13, 2022, or when Super Bowl LVI 2022 ends, whichever comes first (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.

This Promotion uses Twitter as a means of entry. This Promotion is not endorsed or certified by Twitter. All Twitter logos and trademarks displayed on this Promotion are property of Twitter. All questions, comments or complaints regarding the Promotion should be directed to Administrator at the address listed below and not to Twitter.

ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are 18 (except Alabama and Nebraska 19 and 21 in Mississippi) years of age or older as of date of entry. Employees, officers and directors of Frito-Lay, Inc. (“Sponsor”), Partners, Vayner Media, OMD, Realtime Media LLC (“Administrator”), their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule, or regulation. All federal, state, and local laws and regulations apply.
HOW TO PARTICIPATE: To participate, log in to your Twitter account (must be made public) during the Promotion Period and tweet your rating of a commercial shown during Super Bowl LVI 2022. The tweet must include one (1) to five (5) fire emojis and use the campaign hashtags #FlaminHot and #entry. Collectively, the fire emoji(s) and campaign hashtags are your “Entry.” Upon submission, you will receive one (1) entry into the Sweepstakes (also an “Entry”).

NO PURCHASE NECESSARY. You may enter the Sweepstakes without a smartphone or data entry plan by going to the Twitter website from your desktop or laptop computer and follow the on-screen directions to set up an account.

Limit of seventy-five (75) Sweepstakes Entries per person, per social account, for the duration of the Promotion Period.

By submitting an Entry, you agree that your submission is gratuitous and made without restriction and will not place Sponsor under any obligation. Sponsor reserves the right to, and may or may not, monitor Entries. Each participant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. By submitting an Entry, you hereby grant permission for your Entry to be publicly posted, including on https://www.fritolay.com/, https://twitter.com/ChesterCheetah, https://twitter.com/doritos or other websites. You agree that Promotion Parties are not responsible for any unauthorized use of Entries by third parties. Promotion Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks (other than for entry into this Promotion), without the express written consent of Sponsor in each instance.

As determined by the Sponsor, in its sole discretion, Entries must comply with these Official Rules and any Terms of Service on https://www.fritolay.com/.

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 ANY OF SPONSOR’S WEB SITES OR SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT 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 participants. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion.

If your Entry includes likenesses of third parties (such as, but not limited to, makeup artist or subject) or contains elements not owned by you (such as, but not limited to, company logos), you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Entry will be disqualified. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.

REQUIREMENTS OF ENTRIES: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
Is obscene or offensive; endorses any form of hate or hate group;
Appears to duplicate any other submitted contest entries;
Defames, misrepresents, or contains disparaging remarks about other people or companies;
Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media), without permission;
Contains any individual other than you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
Contains look-alikes of celebrities or other public or private figures, living or dead;
Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
Violates any law.

By submitting an Entry, you represent and warrant that your Entry is original to you, that the Entry has not been previously published, has not won previous awards and that neither it nor its contents infringe upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity, or other intellectual property. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Promotion and to its use as otherwise set forth herein.

By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Promotion that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.

SWEEPSTAKES DRAWING/ODDS: The Sweepstakes will consist of two (2) individual Entry Periods (each an “Entry Period”). Each Entry Period will begin at an estimated time (each a “Entry Period Start Time”) and will end at an estimated time (each a “Entry Period End Time”), during Super Bowl LVI 2022 (subject to game timing and programming schedules), as detailed in the chart below. Entries must be received before the end of the Entry Period to be eligible for the corresponding Drawing (“Drawing”). All eligible non-winning entries from each Drawing will not be rolled into the next Drawing.

There will be a total of one hundred (101) prize winners randomly selected across both drawings combined, as detailed in the chart below. Odds of Prize depend on the total number of eligible Entries received during the applicable Entry Period.
WINNER NOTIFICATION: The potential prize winners will be notified via Twitter Direct Message immediately after winner selection or as soon as reasonably practicable. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If a potential winner cannot be contacted, after numerous attempts, within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner may be selected from among all remaining entries for that drawing.
PRIZES/PRIZE RESTRICTIONS: One hundred one (101) total Promotion prizes (each a “Prize” and collectively “Prizes”) will be awarded during the Promotion (one (1) Prize per winner), each consisting of:

$500.00, awarded in the form of a check

The total ARV of all Prizes is $50,500.00.

PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. All Promotion Prizes will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. Prizes will be awarded only upon winner redemption, confirmation, verification, and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.

PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.

OWNERSHIP OF ENTRIES: By using the #FlaminHot and #entry hashtags to submit an Entry via Twitter, you agree to be bound by these Official Rules and grant Promotion Parties an unlimited, irrevocable, perpetual, non-exclusive, fully paid-up and royalty-free, worldwide license to publish, use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels. By submitting an Entry, you consent to the use by Promotion Parties of your name, likeness, and image, in connection with the Event and related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked. For uses beyond the consent that you grant above, you agree that Sponsor’s use of your personal data will be governed by the Privacy Policy posted on the Sponsor website.
GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort, or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of Instagram, Twitter, or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding, and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify Twitter and the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.
CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than State of Texas. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of Texas. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have. By participating in this Promotion, you agree that (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorneys' fees; and (iii) under no circumstances will you be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
PRIVACY: Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification and will not be re-used, sold, or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://contact.pepsico.com/fritolay/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.
WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by February 25, 2022 to: Flamin' Hot or Not Sweepstakes Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.

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

ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100,

West Conshohocken, PA 19428; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf