Ultimate Homegating Experience Sweepstakes Rules
August 1, 2021 | Promotions
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 ENTERING IN THE SWEEPSTAKES, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States residing in Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin, who are eighteen (18) years of age (nineteen [19] if a resident of Nebraska) 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”), Hy-Vee Inc., their respective parent, subsidiary and affiliated companies, distributors, participating retailers, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Sponsor and Promotion Parties”), the NFL Entities (defined below), 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 PERIOD: The Sweepstakes begins on August 1, 2021 at 12:00:00 a.m. Central Time (“CT”) and ends on August 17, 2021 at 11:59:59 p.m. CT ("Sweepstakes Period").
3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes:
(a) 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 TOSTITOS® brand snacks (any flavor 14.5oz or larger) at a participating Hy-Vee location with your Program Loyalty Card during the Sweepstakes Period (“Qualifying Purchase”). By presenting your Program Loyalty Card at the time of purchase, 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 p.m. CT on August 17, 2021.
(b) Mail-In Entry: To enter without making a purchase or signing up for a Hy-Vee Fuel Saver + Perks® card: Hand print your first and last name, address, city, state, zip code, telephone number, and email address 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: Ultimate Homegating Experience Sweepstakes at Hy-Vee, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223, to be postmarked by August 17, 2021 and received by August 24, 2021 to receive one (1) entry into the random drawing. There is no limit on the number of “Mail-in Entries” (each, also an “Entry”) per person during the Sweepstakes Period; however, each Mail-in Entry must be mailed separately in a hand-addressed, postmarked envelope. No photocopied or mechanically reproduced entries accepted. Entries become the property of the Sponsor and will not be returned.
All entrants must have a valid email address. Multiple entrants may not share the same email address. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. 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. If it is discovered that an entrant used multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulated such information, for the purpose of obtaining more than the stated number of entries or prizes, such person will be disqualified and any prize won shall be forfeited.
4. RANDOM DRAWING: The potential winners will be selected in a random drawing to be held on or about August 31, 2021 from among all eligible Entries received by Hy-Vee, whose decisions are final in all matters related to the random drawing. Odds of winning depend on the number of eligible Entries received. Limit one (1) prize per person/household.
5. PRIZE DETAILS: Five (5) Prizes: Each winner will receive one (1) 55” TV, one (1) Lay’s® branded cooler, one (1) portable grill, one (1) NFL team jacket (Minnesota Vikings or Kansas City Chiefs, winner’s choice) in a size to be determined by Sponsor, in Sponsor’s sole discretion, and two (2) Lay’s® branded drinkware products. Approximate Retail Value (“ARV”) of each prize: $1,070.00.
Winner must accept prize as stated by Sponsor or prize may be forfeited. Any difference between stated value and actual value will not be awarded. Total ARV of all prizes is $5,350.00.
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties for lost, late, mutilated, illegible, incomplete, misdirected or postage-due mail, entries or email. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant's participation in or attempt to participate in 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, wireless or Internet connectivity or other network communication problems; errors or limitations of any Internet or wireless service 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 printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, Entries, announcement of prizes or these Official Rules. In the event of an identity dispute of a participant who participated via the “Purchase Method of Entry”, the Entry will be considered made by the person whose name is associated with the Hy-Vee account used for entry.
7. WINNER NOTIFICATION: Potential winners will be notified by email at the email address provided by the participant (or associated with participant’s Program Loyalty Card) at the time of entry. The email will contain instructions on how to claim the prize. Prizes must be claimed within five (5) days of email notification or prize may be forfeited. Potential winners will also be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within five (5) days of prize notification as indicated on the Affidavit. Sponsor is not responsible for suspended or discontinued Internet or wireless 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 phone number. If (a) an attempted notification or prize is returned as undeliverable, (b) a potential winner does not respond to the prize-claim instructions, (c) any required documents are not returned within the required number of days, (d) a potential winner cannot be verified, or (e) a potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited, in Sponsor’s sole discretion. Prizes will be delivered within six (6) weeks of winner verification.
8. RELEASE OF LIABILITY: By participating in the Sweepstakes, participants agree (a) to release, defend, indemnify and hold harmless Sponsor and Promotion Parties and the NFL Entities from any and all claims, damages or liabilities arising from or relating to such participant's participation or inability to participate in the 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, winners (a) agree that the Sponsor and Promotion Parties, the NFL Entities, 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 participant 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, and the NFL Entities are not liable in the event that any portion of the Sweepstakes (including any prize) is compromised, modified or canceled due to pandemics or epidemics, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control (a “Force Majeure Event”).
9. GENERAL CONDITIONS: Each prize winner is solely responsible for any taxes on the prize and will receive an IRS Form 1099 for the value of their prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor and Promotion Parties. No transfer of prize is permitted. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging, if any. 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 the Sweepstakes 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 Sweepstakes, 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 Sweepstakes. In the event of cancellation, Sponsor and Promotion Parties will randomly award the prizes among all eligible, non-suspect Entries received prior to cancellation. This Sweepstakes is offered only in the eligible states listed in Section 1 and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor and Promotion Parties in connection with the Sweepstakes, 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, participants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.
Please see Sponsor’s and Hy-Vee’s privacy policies located at: http://www.fritolay.com/legal/privacy-policy.htm and http://www.hy-vee.com/company/policy/privacy.aspx for details of our policies 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, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly-available winner’s list.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER 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. WINNER'S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by September 31, 2021 to: Ultimate Homegating Experience Sweepstakes at Hy-Vee, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223.
11. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024.
© 2021 Frito-Lay North America, Inc.
THE NFL ENTITIES: The National Football League, their member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, NFL Productions, LLC, NFL International, LLC, NFL Players Association, NFL Players Incorporated, and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, members, representatives, and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.