Frito-Lay Giveaway Official Rules
July 8, 2019 | Promotions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BY PARTICIPATING IN THE PROMOTION, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSORS, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of any of Iowa, Missouri, South Dakota, Kansas, Illinois, Nebraska, Minnesota and Wisconsin, who are at least eighteen (18) years old at the time of entry (19 in Nebraska). Void where prohibited. The following persons are not eligible to participate: Employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), Hy-Vee Inc., (“Promotional Partner”), their respective 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, including the suppliers of Prizes (collectively, “Sweepstakes Entities”), 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 Sweepstakes). No groups, clubs or organizations may enter or win a prize or reproduce or distribute any portion of these Official Rules to its members.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. (midnight) Central Time (“CT”) on July 7, 2019 and ends at 11:59:59 p.m. CT on July 27, 2019 (“Sweepstakes Period”). The time clock of the Sweepstakes administrator is the official clock for this Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES: There are two (2) ways to earn a Sweepstakes entry (“Entry”):
Purchase Method of Entry: To enter the Sweepstakes via this method, you must visit a Hy-Vee Food Store and sign-up for a free Hy-Vee Fuel Saver + Perks® customer loyalty card (“Program Loyalty Card”). Purchase any one (1) bag of LAY’S® brand potato chips at a participating Hy-Vee location with your Program Loyalty Card between July 7, 2019 and July 27, 2019 (“Qualifying Purchase”). By presenting your Program Loyalty Card at the time of each in-store Qualifying Purchase that you make during the Sweepstakes Period, you will be entered into the Sweepstakes and eligible to win a Prize through a random drawing (each an “Entry”). All Qualifying Purchases must be completed by 11:59:59 PM ET on July 27, 2019.
Mail-In Method of Entry (No purchase required): Hand-write your complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: Lay’s Hy-Vee Sweepstakes, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223. All Mail-In Entries must be postmarked no later than July 27, 2019, and received on or before July 31, 2019, in order to be eligible. Limit one (1) Mail-In Entry per stamped-outer envelope. Sponsors are not responsible for illegible, lost, late, misdirected, damaged, postage-due, incomplete, unintelligible or undelivered mail.
Entry Limit: Regardless of the method of Entry, there is a limit of ten (10) Entries per person per day during the entire Sweepstakes Period. If more than ten (10) entries are received from the same person, telephone number and/or e-mail address in a single day, only the first Entry received may be considered valid.
4. RANDOM DRAWING: On or about July 31, 2019, Promotional Partner representatives will randomly select ten (10) potential winners from all eligible Entries received during the Sweepstakes Period (“Random Drawing”), provided a sufficient number of Entries are received. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes.
5. PRIZES, APPROXIMATE RETAIL VALUE, AND ODDS OF WINNING:
a. Prizes (10): Each winner will receive LAY’S for one (1) year awarded as a coupon book with fifty-two (52) coupons, each coupon good for one (1) bag of any LAY’S potato chips, each up to $3.49 in value (each a “Prize”). The approximate retail value (“ARV”) of each Prize is $181.48.
b. Total ARV: The total ARV of all prizes available in this Sweepstakes is $1,814.80.
c. Odds of Winning: The odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period.
d. General: In no event will more than ten (10) Prizes be awarded during the Sweepstakes Period. If, for any reason, more Prize notifications are sent (or more claims are received) than set forth in these Official Rules, Sponsors reserve the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. No Prize substitution or exchange will be allowed, except by Sponsors, who reserve the right to substitute a Prize, or component thereof, of equal or greater value in case of unavailability of a Prize or a Prize component. There is a limit of one (1) Prize per person.
6. HOW TO CLAIM A PRIZE: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be notified of his/her selection by telephone, e-mail, or mail service (“Notification”) within seven (7) days of selection as a Prize Winner and shall be required to accept the Prize within five (5) days of notification or said Prize shall be deemed refused. Mail-in Prize Winners will be notified using the personal information they provided at the time of Entry. In the event that the Notification is returned as undeliverable, or if no response to the Notification is received within five (5) days of notification, or if a potential winner is found ineligible or does not comply with these Official Rules, the Prize may, in the Sponsors’ sole and absolute discretion, be forfeited and awarded to an alternate winner selected at random from among remaining eligible Entries. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of a winner’s right to claim a Prize, and may result in the respective Prize being awarded to an alternate winner, if time permits. The Sweepstakes Entities shall not be held responsible for any delays in awarding a Prize for any reason. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, or a winner notification is returned as undeliverable or a potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if a potential winner does not answer the initial notification, the respective Prize may be forfeited. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible Entries received during the Sweepstakes Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded. Prizes will be mailed to each verified winner at the address provided upon verification (PO Boxes not allowed). Prizes are not transferable and includes only the items specifically listed as part of the Prize. Any portion of a Prize not accepted by winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Prize won. Approximate retail value is as of the time these Official Rules were printed and the value of the Prize may fluctuate. The winners are not entitled to any difference between the ARV and the actual value of the Prize at the time the Prize is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Each Prize will only be awarded to a verified winner.
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree the Sweepstakes Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for any and all liabilities, including but not limited to lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of Sweepstakes-related information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. Released Parties shall not be responsible or liable for Entries entered by any automated computer, program, mechanism or device; for any Entries in excess of the stated limit; or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such Entries will, at Sponsors’ sole discretion, be disqualified.
If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable. Notice of such cancelation, termination, or modification of the Sweepstakes shall be posted at https://www.hy-vee.com/corporate/news-events/promotions/frito-lay-giveaway. This Sweepstakes is subject to all federal, state, and local laws and regulations. Random Drawing Prize winners’ names may be included in a publicly available winners’ list.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsors, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an Entry; (i) any technical malfunctions or unavailability of any social media platform or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Sweepstakes, or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Sweepstakes, including prize components, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN COLLIN OR DALLAS COUNTY, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN COLLIN OR DALLAS COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each entrant agrees to allow Sponsor, Promotional Partner and their respective designees the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to on television (including live television), radio, the Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her prize. Sponsor reserve the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and will result in the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event Sponsor is prevented from continuing with the Sweepstakes or the integrity and/or feasibility of the Sweepstakes is severely undermined by a Force Majeure event, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any further obligation. If Sponsors, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted at the participating retail locations. In the event of cancellation, Sponsor will award the prizes in a random drawing from among all valid and eligible entries received up to the time of such cancellation, providing a sufficient number of entries are received. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and the Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
12. WINNERS LIST: To obtain the name of the winners, mail a self-addressed, stamped business-sized envelope to: Lay’s Sweepstakes at Hy-Vee, - Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received by September 30, 2019.
Sponsors: Frito-Lay, Inc., 7701 Legacy Drive, Plano, Texas 75024-4099.
All snack-related trademarks are owned by Frito-Lay North America, Inc. © 2018.