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More Smiles With Every Bite

Contest Official Rules

THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE (SEE SECTION 1 BELOW FOR “ELIGIBILITY”) AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

MORE SMILES WITH EVERY BITE CONTEST (“CONTEST”)

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF SPONSOR’S PRODUCT IS NECESSARY TO ENTER OR WIN. A PURCHASE OF SPONSOR’S PRODUCT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING IN THE CONTEST, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE PANEL (DEFINED IN SECTION 5), WHICH SHALL BE FINAL IN ALL RESPECTS.

1. ELIGIBILITY:

The Contest is open only to individuals who are legal U.S. residents of one of the 50 United States or the District of Columbia, 18 years of age (19 in AL or NE) or older at the time of entry, and have a valid U.S. driver’s license or government issued photo ID. 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 involved in the administration, development, fulfillment and execution of this Contest (collectively, “Promotion Parties”), and their respective 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 (12)-month period preceding the start date of the Contest).

2. CONTEST PERIOD:

Contest begins at 12:00:00 p.m. (noon) Central Time (“CT”) on June 5, 2023 and ends at 11:59:59 p.m. CT on June 19, 2023 (“Contest Period”). The time clock of the computer administering this Contest is the official clock for this Contest.

3. TO ENTER:

During the Contest Period, the Sponsor invites entrants to submit their recipe using one of the following Frito-Lay products: Doritos® Nacho Cheese Flavored Tortilla Chips, Fritos® Corn Chips, Tostitos® SCOOPS!®, Classic Lay’s® Potato Chips, or Tostitos® Original Tortilla Chips. To enter, visit https://www.moresmileswitheverybite.com/submit-a-recipe (“Web Site”) and follow the instructions to submit the following:

 

  • Recipe name, in English;

  • Written description of your recipe including ingredients (ten or less) and directions, in English;

  • Indicate meal type;

  • Indicate your recipe’s featured snack brand (select Doritos® Nacho Cheese Flavored Tortilla Chips, Fritos® Corn Chips, Tostitos® SCOOPS!®, Classic Lay’s® Potato Chips, or Tostitos® Original Tortilla Chips from the drop-down menu) which may be incorporated as a recipe ingredient or as an accompaniment;

  • Your contact information, which may include your first and last name, email address, birthdate (at the bottom of the page), and phone number;

  • Check the box at the bottom of the page indicating your agreement to be entered into the Contest and agreeing to these rules; and

  • Photo of your snack or an image provided at the Web Site (optional).

(The above, altogether, shall be referred to hereinafter as the “Entry”).

Entries will be judged. See Section 5 for Judging Criteria.

By submitting an Entry, entrant agrees that his/her Entry conforms to the “Entry Guidelines” specified in Section 4, and that Sponsor may disqualify entrant from the Contest if it believes, in its sole discretion, that the Entry fails to conform to such guidelines. Entries that are not in accordance with the “Entry Guidelines” as stated in Section 4 or are not received during the Contest Period will be ineligible. Limit one (1) Entry per person/email address per day during the Contest Period. A “day” is defined as the twenty-four (24) hour period beginning at 12:00:00 a.m. CT and ending at 11:59:59 p.m. CT of the same day with the exception of the first day of the Contest Period which shall begin at 12:00:00 p.m. CT and end at 11:59:59 p.m. CT of the same day.

 

Each Entry submitted by an entrant must be substantially different from Entries he/she previously submitted. If Sponsor determines, in its sole discretion, that an entrant has submitted two (2) or more Entries that are not substantially different from each other, the entrant and/or the duplicative Entries may be disqualified.

 

From time to time during the Contest Period, Sponsor may, and by entering you grant rights for Sponsor to, feature Entries on the Web Site, other websites owned or controlled by Sponsor and/or in Sponsor’s social media pages and channels, in Sponsor's sole discretion. Having your Entry featured is unrelated to the Judging Criteria and does not guarantee selection as a winner in the Contest nor does it entitle the entrants responsible for the featured Entries to any compensation or prize. Sponsor reserve the right, in their sole discretion, to use/produce/serve/feature/sell any of the snacks (or variations thereof) set forth in submitted Entries or none at all, and entrants acknowledge and agree that they are not entitled to any revenue generated from any such sales.

 

Multiple entrants may not share the same email address. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning Entry and/or an eligible entrant. Entrants may not register/enter with multiple email addresses nor may entrants use any other device or artifice to register/enter under multiple identities. Any entrant who attempts to enter with multiple email addresses under multiple identities will be disqualified and forfeits any prize won, in Sponsor’s sole discretion.

 

Data rates may apply if entering with a mobile phone or other Web-enabled device. 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 ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEB SITE, OTHER WEBSITES OWNED OR CONTROLLED BY SPONSOR OR ON SPONSOR’S SOCIAL MEDIA ASSETS, AT SPONSOR’S DISCRETION. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose without notice or compensation to entrant (or entrant’s heirs or successors) of any kind. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Period will be ineligible.

4. ENTRY GUIDELINES:

Entries must comply with these Official Rules. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or notification to, or permission from, you. You acknowledge that, by receipt of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by their employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By submitting an Entry you warrant and represent that it (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) that you have obtained permission from any person whose name, likeness or image is used in your Entry and that such person is of legal age of majority in his/her jurisdiction of residence (and at least eighteen [18] years of age); and (f) that publication of the Entry via various media including Web Site posting, will not infringe on the rights of any third party. Each entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos, other than Sponsor’s) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.

As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) must comply with these Official Rules and any Terms of Service on the Web Site; (b) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, or contain nudity; (c) cannot promote alcohol, marijuana, illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies; (g) cannot contain trademarks, logos or trade dress owned by others (except Sponsor’s trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Sponsor’s products), without permission by an individual of legal age of majority in his/her jurisdiction of residence (and at least eighteen [18] years of age), or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (h) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by Sponsor) without permission by an individual of legal age of majority in his/her jurisdiction of residence (and at least eighteen [18] years of age); (i) cannot contain background artwork, unless it is an original work of the entrant; (j) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission by an individual of legal age of majority in his/her jurisdiction of residence (and at least eighteen [18] years of age); (k) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (l) cannot depict, and cannot itself, be in violation of any law.

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 THE WEB SITE (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 sole discretion.

5. WINNER DETERMINATION:

Entries (minus photo portions of Entries) will be judged by Sponsor and/or Sponsor’s agency (“Panel”) on the following criteria (“Judging Criteria”): (a) ease of preparation (50%); (b) taste (25%); (c) presentation (25%). The Entry receiving the highest cumulative score awarded by the Panel will be deemed the potential winner. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Contest. In case of a tie, tied Entries will be broken by cumulative points awarded for “ease of preparation”. If the tie continues, then tie(s) will be broken by the Entry receiving the highest cumulative point score in the second Judging Criteria, continuing thereafter to the next Judging Criteria until the tie is broken. Winner will be determined on or about June 23, 2023.

 

Sponsor will disqualify previously published recipes, such as but not limited to those in cookbooks, in magazines, from food companies, on food blogs or recipe websites and winners in cooking contests, unless the recipe features changes considered significant by the judges in their sole and absolute discretion.  Potential winners will be required to certify, on information or belief, that their recipes are their original creation and have not been published or publicized and have not won a cooking contest.

6. PRIZE DETAILS:

Prize - Three (3) prizes will be awarded: Each verified winner will receive one (1) $500 Visa gift card; one (1) gift box consisting of Sponsor specified items; a meet-and-greet via Zoom with Sponsor-specified Frito-Lay chef; and the winning recipes may be named after the verified winner and recreated by a Frito-Lay chef to be featured on select Frito Lay social media channels, websites, and Tasty Rewards emails to its members, at Sponsor’s sole discretion.

 

Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed recipe name and/or the inclusion/omission of one or more of the ingredients in the recipe). Featuring the winning recipe cannot be guaranteed by the Sponsor.

 

Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with the prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the prize are the sole responsibility of the winner. The prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Winner must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate winner. Any difference between the stated ARV and actual value of a prize will not be awarded. Sponsor (a) makes no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaims any implied warranty.

 

Sponsor reserves the right, in their sole discretion, to use/produce/serve/feature/share any of the recipes (or variations thereof) set forth in submitted Entries or none at all.

7. LIMITATIONS OF LIABILITY AND RELEASE:

No responsibility is assumed by Sponsor for lost, late, mutilated, illegible, unintelligible incomplete, misdirected or postage-due mail or Entries. No liability or responsibility is assumed by Sponsor or the other 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. No responsibility or liability is assumed by the Sponsor or the other 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 the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; 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 an email account used in connection with the Contest. Sponsor and the other Promotion Parties are not responsible for any typographical technical, computer, network or human errors which may occur in the administration of the Contest, the uploading, the processing of Entries, the judging of Entries, the announcement of the prize or in any Contest-related materials. Use of Web Site is at user’s own risk. Sponsor and the other 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. In the event of an identity dispute, Entry will be considered made by the authorized account holder of the email address submitted on the form at the time of entry. The “authorized account holder” is the person who is assigned to the email address by the online service provider. 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.

8. WINNER NOTIFICATION:

Potential winner will be notified by email and/or phone call and must respond to the notification with forty-eight (48) hours indicating whether he/she can accept prize or prize may be forfeited. Sponsor is not responsible for any change in entrant's email address, mailing address and/or telephone number. Winner will 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. If attempted notification is returned as undeliverable, if winner cannot be verified or if winner is otherwise unable to accept the prize as stated, if required documents are not returned within the stated number of days or if winner is otherwise disqualified, prize may be forfeited.

 

By accepting the prize, winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

9. RELEASE OF LIABILITY:

By participating in the Contest, entrants agree (a) to release Sponsor and the other 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 (“Released Parties”) from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest and receipt or use of any prize or any travel or activity related thereto; (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 the prize, recipients (a) agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by winner against, any 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 the Contest; from acceptance, possession, misuse or use of any prize (including travel thereto) and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use 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 Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Released Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).

10. GENERAL CONDITIONS:

Winner is solely responsible for any taxes on the prize and will receive an IRS Form 1099 for the ARV of the prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prize 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 Contest 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 the Contest, Sponsor reserves the right to (a) cancel, suspend and/or modify the Contest, or any part of it, and (b) disqualify any individual who is responsible for such action. If terminated, Sponsor may, in its sole discretion, determine the winner from among all eligible Entries received up to time of such action in a manner as determined by an independent judging agency. This Contest is offered only in the eligible states/counties as defined in Section 1 and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor 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.

 

All personal information collected will be used in accordance with Sponsor’s Privacy Policy, please visit http://www.fritolay.com/legal/privacy-policy.htm. Additionally, any communication between entrant 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. Winner’s names may be included in a publicly available winner’s list.

11. LEGAL WARNING:

ANY ATTEMPT 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 INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

12. WINNER’S LIST:

For the name of the winner, send a self-addressed, stamped envelope to be received by July 28, 2023 to: More Smiles With Every Bite Contest, Attn: Brandi-Lee Tower, 205-692 Queen St E, Toronto ON M4M1G9.

13. SPONSOR:

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

© 2023 Frito-Lay North America, Inc.

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