THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE 50 U.S., D.C. OR PUERTO RICO ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE 50 U.S., D.C. OR PUERTO RICO AT THE TIME OF PARTICIPATION.
CHEETOS DEJA TU HUELLA CONTEST 2024 (“CONTEST”)
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 THE CONTEST, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
IMPORTANT: ENTRIES MUST BE PROPERLY RECEIVED AND RECORDED BY 11:59:59 P.M. ET ON AUGUST 26, 2024 TO BE ELIGIBLE FOR THE GRAND PRIZE.
1. ELIGIBILITY: Entrants (defined below) must be legal residents of 50 U.S., D.C. or Puerto Rico who are the age of majority in their state/jurisdiction of residence at the time of participation. For the purposes of the Contest and these Official Rules, the person submitting the Entry (as defined below) is considered an “Entrant” and his/her entry is deemed the “Entry,” as further defined below. 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 and companies 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 [3] months during the twelve-month period preceding the start date of the Contest).
2. TIMING: The Contest will consist of three (3) phases, as detailed below:
- Grand Prize Entry Period: Begins at 12:00:00 AM ET on June 17, 2024 and ends at 11:59:59 PM ET on August 26, 2024 (“Grand Prize Entry Period”).
- First Prize Entry Period: Begins at 12:00:00 AM ET on June 17, 2024 and ends at 11:59:59 PM ET on October 12, 2024 (“First Prize Entry Period”).
- Grand Prize Judging Period: Begins at or about 12:00:00 AM ET on August 27, 2024 and ends at 11:59:59 PM ET on September 13, 2024. First Prize Judging Period: Begins at or about 12:00:00 AM ET on August 27, 2024 and ends at 11:59:59 PM ET on October 31, 2024 (“Judging Period”).
3. HOW TO ENTER THE CONTEST: To participate, Entrants may scan a QR code on specially-marked packages of Cheetos Salsa con Queso to access the website (or visit the website directly at www.Cheetos.com/DejatuHuella). Entrants will then be directed to click where indicated and enter the UPC code from the package (or if Entrant does not have the package, they may visit www.CheetosDejatuHuella.com/AMOE to request a free code) to access the registration form. Entrant must complete the registration form and upload a video of no longer than 65 seconds depicting how the Entrant makes a positive impact on their Latinx community in order to earn one (1) entry into the Contest (“Entry”). BY ENTERING, ENTRANT AGREES AND CONSENTS TO THESE OFFICIAL RULES AND THE SPONSOR’S POSTED PRIVACY POLICY AT https://www.fritolay.com/legal/privacy-policy.htm. IF ENTRANT DOES NOT AGREE TO THESE TERMS, THEY SHOULD NOT ENTER THE CONTEST. Limit of up to one (1) Entry per person throughout the Grand Prize and First Prize Entry Periods. Entries that do not include all required information and adhere to these Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Entry and/or Entrant it deems inappropriate or otherwise non-compliant. In the event that there is a conflict between these Official Rules, or other applicable terms, these Official Rules shall govern.
Data rates may apply if the Entrant submits an Entry with a mobile phone or other web-enabled device using their wireless service provider’s network. 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 hereby grants permission for their Entry to be posted on https://www.Cheetos.com, https://twitter.com/ChesterCheetah, https://www.instagram.com/cheetos/, https://www.facebook.com/Cheetos, or https://www.youtube.com/channel/UCUnC4wPTiAmMypWHXGwqh-Q, and www.tiktok.com/@cheetos in perpetuity. Entrants 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. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.
Each Entrant attests that he/she has made all those depicted in the Entry aware that he/she is submitting an Entry containing them in this Contest, and all depicted have agreed that Entrant may submit such Entry. Further, any Entrant’s Entry that is determined a winning Entry may need to obtain a Release from those depicted in their Entry, if applicable prior to being confirmed an official winner.
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 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 reasonable discretion.
By submitting an Entry, Entrants represent and warrant that the work submitted is original to them and that neither it nor its contents infringe upon or violate the rights of any third party. If Entry includes likenesses of third parties or contains any elements not owned by Entrant (such as, but not limited to, company logos) they must be able to provide legal releases for each such use in a form satisfactory to Sponsor or their 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.
By submitting an Entry, Entrants agree that their Entry 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 Entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary.
As determined by the Sponsor, in its sole discretion, Entries must comply with these Official Rules and any Terms of Service on www.Cheetos.com/DejatuHuella.
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: [email protected]. 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.
REQUIREMENTS OF CONTEST ENTRIES: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Contains copyrighted materials owned by others (including music, songs, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media), without permission;
- Contains any music, unless the Entrant owns the rights;
- 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 sensitive personal identification, such as license plate numbers, full personal names, e-mail addresses or street addresses;
- 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 goodwill to which Sponsor wishes to associate;
- Features or refers to any food products other than Cheetos® brand snacks;
- Violates any law;
By submitting an Entry, Entrant represents and warrants that their Entry is original to them, that the Entry has not been previously published, has not won previous awards and that neither it nor its contents infringe upon or violate the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity, or other intellectual property. By submitting an Entry, Entrant represents and warrants that they consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, Entrant acknowledges and agrees that Sponsor may receive other Entries under this Contest that may be similar or identical to the Entry submitted by them, and they waive any and all claims they may have had, may have, and/or may have in the future, in connection with any other Entry reviewed and/or used by Sponsor that may be identical or similar to their Entry and they understand that they will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.
Entries that do not contain all required Entry information or are considered inappropriate for any reason are not eligible.
4. JUDGING TO DETERMINE WINNERS: During the Judging Period, the judging panel (“Judges”), selected by the Sponsor, will score each Entry up to the maximum number of points allowed. Judging will be based on the following criteria (“Judging Criteria”):
- Criterion 1 (50%) - Clearly demonstrates the passion to positively impact a Hispanic community;
- Criterion 2 (25%) - Demonstrates a unique and/or compelling factor to contribute to the Hispanic community;
- Criterion 3 (25%) - Creativity and enthusiasm of the submission video.
After the Grand Prize Entry Period is complete, the Entry with the highest overall score from the Judges will be deemed the potential Grand Prize-winning Entry. Once all judging is complete (after the First Prize Entry Period) and the Grand Prize winner is confirmed, the Entry with the next highest overall score from the Judges will be deemed the potential First Prize winning Entry. Sponsor reserves the right to determine fewer winners than the stated number of winners, in its sole discretion, if it does not receive a sufficient number of eligible and qualified Entries. In the event of a tie, the tie will be broken based on the highest score for judging criterion 1, continuing thereafter to each judging criterion, in order, as needed to break the tie. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
5. NOTIFICATION: Potential Grand and First Prize winners will be required to complete a Declaration of Eligibility/Release of Liability/Publicity Release (where legal) and (as applicable) Assignment of Rights (“Declaration”) within 2 days of notification attempt or prize will be forfeited and an alternate winning Entry will be determined, as explained above. If Declaration is returned as non-deliverable, or if the potential winning Entrant fails to return the completed Declaration within the required period, an alternate potential winning Entrant will be determined and contacted, time permitting (in accordance with these Official Rules). The Entrant will be required to return the Declaration (and any subsequent Video release) in order to be confirmed a winner. Sponsor reserves the right to ask the potential Grand Prize and First Prize winners to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person 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 such potential Grand and/or First Prize winners cannot be contacted within a reasonable time period, if a potential Grand and/or First Prize winner is ineligible, if any notification is returned undeliverable, or if a potential Grand and/or First Prize winner otherwise fails to fully comply with these Official Rules or does not pass a background check, he/she will forfeit and an alternate may be determined based on the Judging Criteria at the sole discretion of the Sponsor. Once completed paperwork has been received by the Sponsor and the potential Grand and First Prize winners have passed a background check, then and only then does he/she become a confirmed (“Winner”).
6. PRIZES/PRIZE RESTRICTIONS: GRAND PRIZE: One (1) Grand Prize will be awarded. Grand Prize consists of $25,000, awarded as a check to be used toward their initiative and the opportunity to be a Deja Tu Huella brand ambassador (“Opportunity”), which will include a college tour for Winner only, likely to be in October/November 2024. The college tour will consist of three (3) 2-night trips. One trip is to Los Angeles, CA; one trip is to Dallas, TX; and one trip is to Miami, FL (and these trips will be taken over the span of approximately 2 months). Each college tour trip will include round trip economy air transportation from major airport nearest Winner’s home awarded as a $650 Sponsor-selected travel stipend/certificate, accommodations for each of the 2 nights (up to $200 per night) and $250 per diem for meals for Winner. Winner will not only be attending the tour but by accepting the role of the Deja Tu Huella brand ambassador, they will be a part of the tour programming, presenting their submission. The travel dates and details of the college tour are in Sponsor’s sole discretion. The Winner will also receive a 3-day/2-night trip (or longer, as described below) for two (2) people (Winner and guest) to the Latin Billboard Music Awards on October 17, 2024 (“Event”). Trip includes round-trip economy class air transportation from major airport nearest Winner’s home, hotel accommodations near the venue (based on double occupancy), two (2) tickets to the Event and $500 spending money for Winner only, awarded as a check. While in Miami for the Event, Winner will need to attend a block party (“Party”) as well. Depending on the date of the Party, Winner and guest may need to spend more than 2-nights in Miami and therefore Sponsor will cover any additional nights’ accommodations to cover staying for the Party. The final portion of the Grand Prize is that Winner will be required to be part of a video that the Sponsor will be filming and producing. All details of the shoot will be in Sponsor’s sole discretion and Winner will be provided any transportation to/from the shoot as may be applicable unless the shoot is near to Winner’s home. The Sponsor will coordinate with a third party that will contact the Winner to work with them in setting up a shoot day to capture the content of the video (“Video”). The Winner would receive a Sponsor-determined stipend for their time in making the Video. Winner agrees that by participating in the Video, Sponsor or its agents may use this Video as a paid asset to share Winner’s story and the impact of the Contest for advertising and promotional use or in any way Sponsor sees fit. Winner must accept the complete prize in full and fulfill all mentioned obligations related to the prize or the complete prize will be forfeited entirely. The approximate retail value of all Grand Prize components is $32,000. FIRST PRIZE: One (1) First Prize will be awarded. First Prize consists of $1,000, awarded to the Winner in the form of a check to be used toward their initiative.
Grand Prize Restrictions: Actual prize value depends on the location of the Winner’s residence and dates of travel. Opportunity is in Sponsor’s sole discretion and Sponsor will provide all details/parameters required for use of Opportunity/Video details. Any content captured during the Opportunity may be used by the Sponsor in any way it sees fit without further obligation to the Winner. Winner will receive check for $25,000 once the Opportunity is completed and Winner has fulfilled all obligations, including producing the Video. No responsibility is assumed by Sponsor for canceled, delayed, rescheduled or if the college tour and/or Event become unavailable for any reason, including, but not limited to federal, state and/or local laws or regulations. Grand Prize Winner and guest agree to follow any applicable COVID Protocols that may be in place at time of travel. Resale or transfer of tickets is prohibited. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice and trips must be taken on dates of Sponsor’s choosing. If Grand Prize Winner is unable to travel on all of the dates determined by Sponsor, the prize may be forfeited and no other consideration will be provided. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, meals, ground transportation, baggage fees, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of Winner. Grand Prize Winner will be required to provide a credit card prior to hotel check-in(s) and may be required to sign an additional liability release for the use of the accommodations. Guest for the Event trip must be 18 years of age (19 in AL or NE) or older as of the date of departure and must travel on same itinerary and at the same time as the Winner. Guest will be required to sign a Waiver before going on the trip. Any government issued photo identification requirements associated with air travel are the Winner and guest’s responsibility. If the date or location for the scheduled activity(s) is/are changed, the trip(s) that are stated in these rules may change and Winner will be contacted of the change(s). Sponsor is not responsible if the scheduled activity is changed, canceled or postponed or date or location for the scheduled activity/Event is changed. Selection of travel dates/hotel/airline/seating is selected by Sponsor in its sole discretion. Tickets to the Event cannot be sold, transferred or provided to any other person. Tickets awarded as a prize are subject to terms and conditions provided on the tickets. Gift card and Gift certificate redemption governed by the terms and conditions of such gift card/certificate. In the event the Event is cancelled due to unforeseen circumstances, that portion of prize will be forfeited and Winner will receive the remainder of the prize.
7. PRIZE LIMITATIONS: Limit of one (1) prize per person, household. If it is discovered during prize verification Entrant has entered, attempted to enter, or used multiple accounts to enter more than the stated limit, Entrant will be disqualified at the discretion of the Sponsor. Entries generated by script, macro, or other automated means, or which subvert the entry process, are void. All Entries become the property of the Sponsor and will not be acknowledged or returned.
8. OWNERSHIP OF ENTRIES: By submitting an Entry and/or winning a prize and being included in Video, you grant Sponsor a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry (your inclusion in an Entry) and/or Video, including without limitation the right to distribute all or part of your Entry/Video in any media formats through any media channels. By submitting an Entry and being included in Video (as applicable), you consent to the use, by Sponsor, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Event and Sponsor’s 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.
9. GENERAL PRIZE CONDITIONS: Prizes will only be awarded by Sponsor upon potential Winners’ verification of eligibility and final approval by Sponsor (and for the Grand Prize Winner, after the Opportunity is completed). Sponsor is not responsible if all or any portion of any prize cannot be fulfilled due to any event or circumstance outside Sponsor’s reasonable control. In such event, Sponsor reserves the right to substitute a prize (or portion of prize) with one of comparable or greater value, in its sole discretion (except as specifically stated above).
10. 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, city and state of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Contest (“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 the Sponsor and/or its licensors, and each Winner hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of the 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 Winner’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 Contest, including but not limited to the failure or interruption of any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will Sponsor be obligated to award more prizes than those listed in Paragraph #6 of these Official Rules. 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. 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.
11. CONDUCT: By participating in this Contest and/or winning a prize, 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 Contest, 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. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTESTIS 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.
12. 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 or by Winners, redeeming a prize. 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, 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 Instagram 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 the web site used in connection with the Contest. Neither Sponsor nor Promotion Parties are responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, submissions of Entries, the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on Instagram. Use of Instagram 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 web-enabled device resulting from participation in the Contest. The Entrants and Winners acknowledge that Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. 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.
13. RELEASE OF LIABILITY: By participating in the Contest, Entrants agree (a) to release and hold harmless Sponsor, Promotion Parties, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents from any and all claims, actions, losses, injuries, damages or liabilities arising from or relating to such Entrant's participation or inability to participate 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 the Sponsor, Promotion Parties, 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 including, without limitation, for personal injury or death to Winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of a prize, and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor, and its designees and assigns the right to the use of their 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 and Promotion Parties are not liable in the event that any portion of the Contest or prize is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, epidemic, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, or any other condition beyond their control (a “Force Majeure Event”). In the event of a Force Majeure Event, Winners will only be determined (if any Entries received) by the Judging Criteria above.
14. GENERAL CONDITIONS: Winners are solely responsible for any and all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used and will receive an IRS Form 1099 if the total value of the prize is over $600.00. No cash equivalent or substitution of a prize is offered, except at the sole discretion of the Sponsor. No transfer of a prize is permitted. If for any reason the Contest is not capable of running as planned, including but not limited to 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 and Promotion Parties reserve the right, at their discretion, to (a) disqualify any individual who is responsible or who tampers with the submission process, and (b) cancel, modify or terminate the Contest. In the event of cancellation, Sponsor and Promotion Parties will award the prizes based on the Judging Criteria among all eligible, non-suspect Entries received prior to cancellation (if any). Any controversy or claim arising out of or relating to these Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Texas. 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/Winners rights and obligations, or the rights and obligations of the Sponsor and Promotion Parties 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.
15. PRIVACY POLICY: Please see Sponsor’s privacy policy located at https://www.fritolay.com/legal/privacy-policy.htm for details of Sponsor’s policy regarding the personal information collected in connection with this Contest. Additionally, any communication between Entrant/Winner and Sponsor or its agencies regarding this Contest (e.g., phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. If you are confirmed as a Winner, your information may also be included in a publicly-available Winners’ list.
16. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT/WINNER, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE 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 DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
17. WINNERS’ LIST: For a list of winners available for ninety (90) days after October 12, 2024 send an email to: [email protected] with “DEJA TU HUELLA 2024 WINNERS” as the subject line. Winners List will be sent after prizes have been awarded.
18. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024.
