LAY’S® SMILES SWEEPSTAKES OFFICIAL RULES


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE INDEPENDENT JUDGING AGENCY, WHICH SHALL BE FINAL IN ALL RESPECTS. 

1. ELIGIBILITY:
The LAY’S® Smiles Sweepstakes (“Sweepstakes”) is open only to legal residents residing in one of the fifty (50) U.S. states or the District of Columbia who are eighteen (18) (nineteen [19] in AL and NE) 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, subsidiary, and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (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 (3) months during the twelve-month period preceding the start date of the Sweepstakes).

2. SWEEPSTAKES TIMING: Sweepstakes begins at 12:00:00 p.m. (noon) Central Time (“CT”) on February 19, 2018 and ends at 11:59:59 p.m. CT on March 19, 2018 (“Sweepstakes Period”). The time clock of the computer administering this Sweepstakes is the official clock for this Sweepstakes.

3. HOW TO PARTICIPATE: There are two (2) ways to enter (as described below). 

(a) TEXT MESSAGE: During the Sweepstakes Period, use your SMS-enabled mobile phone to text SMILES to 72645 to enter for a chance to win a prize. For each text message entry, you will receive approximately four (4) reply text messages about the Sweepstakes from the Sponsor. 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 text message sent and 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 will participate. If you wish to opt out, text STOP to 72645. Text HELP to 72645 if you would like more information. In the event of an identity dispute of a participant whom entered via Text Message, entry will be considered made by the registered owner of the phone number used for entering.

(b) MAIL-IN: To enter without sending a text, hand print your first and last name, complete street address, daytime phone number, date of birth, and email address (optional) on a 3” x 5” index card or piece of paper and place your entry into an outer-mailing envelope with proper postage affixed and mail it to: Lay’s Smiles Sweepstakes, PO Box 650023, Dept. 880-772, El Paso, TX 88565-0023. Mail-in entries must be postmarked by March 19, 2018 and received by March 26, 2018. Limit one (1) entry per stamped-outer envelope. No photocopied or mechanically reproduced entries accepted. Entries become property of Sponsor and will not be returned. 

No other forms of entry are valid. Limit one (1) entry per day per person/mobile phone number/address, regardless of entry method. A “day” is defined as the 24-hour period between 12:00:00 a.m. CT and 11:59:59 p.m. CT with the exception of the first day of the Sweepstakes which shall begin at 12:00:00 p.m. CT and end the following 11:59:59 p.m. CT. 

Multiple participants may not share the same email address or mobile phone number. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address or mobile phone number associated with the winning entry and/or an eligible participant. Each entry must be manually submitted by the individual participant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related phone numbers may be blocked. Additionally, use of multiple phone numbers, email addresses and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of entries, is prohibited and such persons will be disqualified and all entries shall be deemed invalid and/or prize shall be forfeited. 

4. RANDOM DRAWING: Winners will be selected in a random drawing to be held on or about March 28, 2018 from among all eligible entries received by an independent judging organization whose decisions shall be final. Odds of winning depend upon the number of eligible entries received. Limit one (1) prize per household.

5. PRIZE DETAILS:
Eight (8) Prizes will be awarded, each consisting of one (1) $1,500.00 airline voucher; one (1) $1,500.00 hotel voucher, and $750.00 (awarded in the form of a check, payable to winner). Approximate Retail Value (“ARV”) of each prize: $3,750.00. Airline and hotel vouchers are subject to terms and conditions as set by issuer. Winner is solely responsible for scheduling all travel and accommodations associated with the prize. Total ARV of all prizes is $30,000.00. The difference between any stated prize value and actual prize value will not be awarded. Winners must accept prize as stated by Sponsor, or prize may be forfeited. Any difference between the stated value and actual value will not be awarded.  

Selection of airline and hotel are at Sponsor’s sole discretion. Winner may be required to provide a credit card prior to check-in and may be required to sign an additional liability release for the use of the accommodations. Travel restrictions may apply. Sponsor is not liable for any missed opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay or in the event winner misses a scheduled airline flight (through no fault of Sponsor or due to Force Majeure). 

6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor for lost, late, mutilated, illegible, incomplete, misdirected or postage-due mail, entries or text messages. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the 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 Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other 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 data transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the network in whole or in part for any reason; traffic congestion on the network; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an entry submitted in connection with the Sweepstakes. Sponsor and Promotion Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules. 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 electronic device and/or phone equipment resulting from participation in the Sweepstakes. 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 OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

7. WINNER NOTIFICATION:
Potential winners will be notified by phone, email and/or mail. If a potential winner participated via text message, he/she may be required to respond to the notification within seventy-two (72) hours in order to capture potential winner’s contact information. If no response is received within seventy-two (72) hours, prize may be forfeited. Winners will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within seven (7) days of notification by email and/or mail. Sponsor is not responsible for suspended or discontinued wireless or Internet service which may result in a potential winner not receiving an initial prize notification; nor is Sponsor responsible for any change in participant's email address, mailing address or mobile phone number (as applicable). If (i) an attempted notification or a prize is returned as undeliverable, (ii) winner does not respond to the initial prize notification as stated within the notification, (iii) a potential winner cannot be verified, or (iv) a potential winner is otherwise unable to accept the prize as stated, prize may be forfeited. Prizes will be shipped within six (6) to eight (8) weeks of winner verification. 

8. RELEASE OF LIABILITY:
By participating in this Sweepstakes, participants agree (a) to release Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such participant's participation in this Sweepstakes; (b) under no circumstances will participant 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 Sweepstakes, 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, recipients (a) agree that the Sponsor and the Promotion Parties will have no liability whatsoever for, and shall be held harmless by winner against, any and all 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 this Sweepstakes and from acceptance, possession, misuse or use of any prize or any element thereof (including any travel related thereto); and (b) grant (and agree 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 World Wide Web without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of this Sweepstakes or a prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). 

9. GENERAL CONDITIONS:
Winners are solely responsible for any taxes on the prize. Winners will be issued an IRS 1099 tax form for the retail value of the 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 this Sweepstakes 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 this Sweepstakes, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the operation of the Sweepstakes, and (b) cancel, modify or terminate this Sweepstakes. In the event of cancellation, Sponsor will randomly award the remaining prizes among all eligible, non-suspect entries received prior to cancellation. This Sweepstakes 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.

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 Sweepstakes. Additionally, any communication between participant and Sponsor or its agencies regarding this Sweepstakes (e.g. phone calls, text messages, chats, email, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly available winners’ list.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES 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.

10. WINNERS’ LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by April 30, 2018 to: Lay’s Smiles Sweepstakes Winner's List, 10 South 5th Street, 7th Floor, Dept. 880-772, Minneapolis, MN 55402. 

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

© 2018 Frito-Lay North America, Inc.
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