GRANDMA’S® GOT TREATS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. INTERNET ACCESS REQUIRED.
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. PLEASE READ THEM CAREFULLY BEFORE ENTERING.
ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age and the age of majority in their state of residence (at least nineteen (19) in Alabama and Nebraska) at the time of entry. The following individuals are not eligible to enter or win a Prize: officers, directors, employees, representatives and agents of Frito Lay, Inc. (the “Sponsor”), their respective parents, subsidiaries and affiliates and if applicable, their advertising or promotion agencies, (including Motive Group, Inc. and Southern Made, Inc.), program prize suppliers, any other companies engaged in the development, production, or distribution of materials for the sweepstakes (the “Sweepstakes Parties”), and members of their immediate families (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (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).
SWEEPSTAKES PERIOD: The Grandma’s Got Treats Sweepstakes (“Sweepstakes”) begins 12:00 p.m. (noon) Eastern Time (“ET”) on Tuesday April 23, 2024, and ends at 11:59 p.m. ET on Wednesday, June 19, 2024 (the “Sweepstakes Period”). There are eight (8) entry periods (each an “Entry Period”) as outlined in the chart below:
| Entry Period | Start Date | End Date |
|---|---|---|
| 1 | April 23, 2024, 12:00 p.m. ET | April 30, 2024, 11:59 p.m. ET |
| 2 | May 1, 2024, 12:00 a.m. ET | May 7, 2024, 11:59 p.m. ET |
| 3 | May 8, 2024, 12:00 a.m. ET | May 14, 2024, 11:59 p.m. ET |
| 4 | May 15, 2024, 12:00 a.m. ET | May 21, 2024, 11:59 p.m. ET |
| 5 | May 22, 2024, 12:00 a.m. ET | May 28, 2024, 11:59 p.m. ET |
| 6 | May 29, 2024, 12:00 a.m. ET | June 4, 2024, 11:59 p.m. ET |
| 7 | June 5, 2024, 12:00 a.m. ET | June 11, 2024, 11:59 p.m. ET |
| 8 | June 12, 2024, 12:00 a.m. ET | June 19, 2024, 11:59 p.m. ET |
Each Entry Period begins and ends as stated above. A “day” is defined as starting at 12:00 a.m. ET and ends at 11:59 p.m. ET, except for the first day of the Sweepstakes Period which starts at 12.00 p.m. ET and ends at 11:59 p.m. ET. By participating, each participant (“Entrants”) agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on matters relating to this Sweepstakes. The website server is the official clock for this Sweepstakes.
HOW TO PARTICIPATE: During the Sweepstakes Period, create or log in to your Instagram (“Instagram) social media account (“Account”). Entrant must be a follower of @grandmascookies on Instagram and have a public profile on the Instagram account used to enter in order to be contacted by Sponsor if he/she is selected as a potential winner. An Instagram account can be created for free by visiting http://instagram.com and following the appropriate link to download the free Instagram application. To follow @grandmascookies on Instagram, visit Instagram.com/grandmascookies and click on the “Follow” button.
During each Entry Period, watch for Sponsor’s Instagram post (exact time of post to be determined by Sponsor at a date later than the publishing of these Official Rules). Provide a comment on Sponsor’s specially-marked post(s) with the location of the cookie jar and BOTH hashtags #grandmasgottreatssweeps AND #entry to receive one (1) sweepstakes entry (“Entry”).
All Entries must be received and recorded during the Sweepstakes Period. Both hashtags #grandmasgottreatssweeps and #entry must be included in your comment for your Entry to be considered valid. By submitting an Entry, entrant agrees that his/her Entry conforms to the “Entry Guidelines”.
NOTE: Any posts on an entrant’s personal Twitter, Instagram or Facebook page will not be counted as an Entry.
Use of multiple social media accounts (more than one per platform) or the manipulation of an entrant’s contact information for the purpose of obtaining more than the stated number of entries is prohibited and such persons will be disqualified and all their Entries shall be deemed invalid.
Multiple entrants may not share the same social media account. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the social media account associated with the winning Entry and/or an eligible entrant.
Data rates may apply if entering with a mobile phone or other Web-enabled device using your 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 ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
Entry Guidelines:
By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. 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 to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its 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 a person whose name, likeness or image (if any) is used in the Entry, and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose work 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 administrator, 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 applicable 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, 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; (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; (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, 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 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 Sweepstakes entry requirements set forth herein in its reasonable discretion.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with the social media platforms where content may be posted or shared.
Entries will not be judged. There is a limit of one (1) Entry per Account, per Post. There is a limit of one (1) Entry per Account, per Entry Period. There is a limit of eight (8) Entries per Sweepstakes Period.
All Entries shall be deemed to be submitted by the authorized account holder of the Account used to register for the Sweepstakes. “Authorized Account Holder” of an Account is the natural person who is assigned to the Account by a social media provider. You may only participate in the Sweepstakes using an Account for which you are the Authorized Account Holder. By submitting a comment on an Account Post to enter the Sweepstakes, you represent and warrant that you are the Authorized Account Holder. If a dispute arises regarding who submitted an online entry, the Entry will be deemed to be submitted by the Authorized Account Holder of the Account provided at time of submission. Standard data rates may apply if the Website is accessed via a mobile device, and Entrants are solely responsible for any such charges.
Entrants using any other device or artifice to enter multiple times above the stated limit or as multiple entrants will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Any incomplete or misdirected requests will be considered ineligible. Proof of submission is not proof of receipt by Sponsor. By participating, Entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. Entries are void if not obtained or submitted in accordance with these Official Rules.
SWEEPSTAKES DRAWINGS (“DRAWINGS”) AND ODDS OF WINNING: Sweepstakes Drawings will be conducted by the Administrator, from among all eligible Sweepstakes Entries received during each Sweepstakes Entry Period. Odds of winning depend on the number of eligible Sweepstakes Entries received for each Drawing. The Sponsors decisions shall be final and binding on all matters relating to the Sweepstakes. Non-winning Entries received during any Entry Period stated below roll over to subsequent Entry Period drawings.
Potential Sweepstakes winners will be selected according to the schedule listed below and will be randomly selected under the discretion of the Administrator.
| Entry Period | Start Date | End Date | Drawing / Notification Date |
|---|---|---|---|
| 1 | April 23, 2024, 12:00 p.m. ET | April 30, 2024, 11:59 p.m. ET | May 1, 2024 |
| 2 | May 1, 2024, 12:00 a.m. ET | May 7, 2024, 11:59 p.m. ET | May 8, 2024 |
| 3 | May 8, 2024, 12:00 a.m. ET | May 14, 2024, 11:59 p.m. ET | May 15, 2024 |
| 4 | May 15, 2024, 12:00 a.m. ET | May 21, 2024, 11:59 p.m. ET | May 22, 2024 |
| 5 | May 22, 2024, 12:00 a.m. ET | May 28, 2024, 11:59 p.m. ET | May 29, 2024 |
| 6 | May 29, 2024, 12:00 a.m. ET | June 4, 2024, 11:59 p.m. ET | June 5, 2024 |
| 7 | June 5, 2024, 12:00 a.m. ET | June 11, 2024, 11:59 p.m. ET | June 12, 2024 |
| 8 | June 12, 2024, 12:00 a.m. ET | June 19, 2024, 11:59 p.m. ET | June 20, 2024 |
PRIZES (the “Prize(s)”) AND APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize: One (1) Sweepstakes Grand Prize (“Grand Prize”) will be awarded in a random drawing from among eligible Entries received during the Sweepstakes Period. The Grand Prize is one (1) check (“Check”) for Ten Thousand US Dollars ($10,000.00 USD). The Grand Prize will be mailed to Grand Prize Winner with delivery signature confirmation and must be cashed by 7/30/24. The ARV of the Grand Prize is $10,000.
Weekly Prizes: Eight (8) Sweepstakes weekly prizes (“Weekly Prizes”) will be awarded in random drawings from among eligible Entries received during each applicable Entry Period. One (1) Weekly Prize will be awarded per Entry Period. Each weekly winner (“Weekly Winner”) will receive i) a $150 branded Visa Gift Card (ARV $150); ii) a record player and signed vinyl (ARV $300); iii) and a variety of Grandma’s® cookies (ARV $20). The ARV for each Weekly Prize is $500. The ARV of all Weekly Prizes is $4,000.
Total ARV of all Sweepstakes Prizes available is $14,000.
Limit of one (1) Sweepstakes Prize per Account or person during the Sweepstakes Period
PRIZE TERMS AND CONDITIONS: Prizes consist only of the elements expressly set forth above; no other elements are included in the Prize and any such expenses in connection with the use of the Prize are the sole responsibility of each winner (Grand Prize Winner and Weekly Prize Winners collectively “Sweepstakes Winners”). Sweepstakes Winners are responsible for all applicable federal, state, local sales and income taxes and any costs, expense(s), or fees whatsoever in connection with the Prize not specifically provided herein. In the event that, for reasons beyond their control and not related to the Sweepstakes Winner, the Sponsor is unable to award any Prize as described in these Official Rules (including if the designated Prize should become unavailable for any reason), the Sponsor may substitute the Prize with another Prize of similar nature and equal or greater value at its sole discretion. The Prize is non-assignable and non-transferable and is not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Any difference between the ARV of any Prize stated and the actual value of the Prize will not be awarded. If a selected Sweepstakes Winner is unable to accept a Prize in its entirety for any reason, the Prize (or that portion of the Prize) may be forfeited. All Entries and potential Sweepstakes Winners are subject to verification by the Sponsor and the Administrator whose decisions are final and binding. No compensation will be paid in lieu of a Prize or in the event that the Prize has been forfeited for any reason state in these Official Rules. Sweepstakes Parties shall not be held responsible for any delays in awarding any Prize for any reason. By participating in this Sweepstakes or submitting an entry, each Entrant agrees: (i) to be bound by these Official Rules, including all entry requirements, (ii) to allow Sponsor to send program specific emails, and (iii) to release and hold the Sponsor and Sweepstakes Parties harmless from and against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize or activity related to the receipt or use of any Prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.
Prizes will be mailed to the mailing address (no P.O. Boxes). Shipping in the continental United States only. Shipping is included. Prizes may take 8-10 weeks to arrive. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize. Sweepstakes Winner shall bear all risk of loss or damage to prize after it has been delivered.
SWEEPSTAKES WINNER NOTIFICATION AND PRIZE CLAIM: Sweepstakes Winners are subject to verification. The potential Sweepstakes Winners will be notified via email using the email address supplied during registration. The potential Sweepstakes Winners will have three (3) business days to respond via return email with their acceptance of the Prize. Upon the acceptance, the potential Sweepstakes Winners will be sent Winner documents via a DocuSign email and will be required to verify his/her/their eligibility by completing, signing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, and a completed and signed Federal Form W-9, by email by the date indicated on the documents or Sweepstakes Prize may be forfeited and an alternate Sweepstakes Winner may be contacted. Failure to provide all required information, and a signature on the documents will result in forfeiture of the Sweepstakes Winner’s right to claim a Prize and may be awarded to an alternate Prize Sweepstakes Winner.
All costs and expenses associated with a Prize acceptance and use not specifically provided herein are the responsibility of the Sweepstakes Winners. Any Prize will be forfeited, and an alternate potential Sweepstakes Winner may be contacted if: (1) a Prize notification is returned as undeliverable; (2) if any required response (including email response) is not received in three (3) business days for any reason; (3) if any Prize claim forms or Winner verification materials are not returned within the required time period; (4) if a potential Sweepstakes Winner is found to be ineligible by civil or criminal or social media information review, as determined by Sponsor in its sole discretion; or (5) if any potential Sweepstakes Winner is determined to be ineligible or otherwise not in compliance with these Official Rules. Sponsor and Sweepstakes Parties are not responsible for any change of mailing address, email address, and/or telephone number of entrants. Sponsor is not required to make more than one attempt to notify any individual potential Sweepstakes Winner; nor is Sponsor required to make more than one attempt to verify an alternative Sweepstakes Winner if the first selected potential Sweepstakes Winner is disqualified. If an insufficient number of qualified Entries are received, Prizes may not be awarded. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded.
Taxes: Sweepstakes Winners are solely responsible for any applicable federal, state, and local taxes on the Prize and will be issued an IRS Form 1099 in January of 2025 reporting the value of any Prize valued $600 or over. Sweepstakes Winners are responsible for paying taxes on the full ARV of the Prize awarded to them.
GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due 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 reserves the right, in its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In Sponsor’s sole discretion, any portion of the Sweepstakes is not capable of running as planned for any reason, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, health pandemic or epidemic, earthquake, explosion, extreme weather conditions, interruptions in air travel, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any further obligation. In the event of cancellation, Sponsor will award the Prize(s) for the Sweepstakes Drawing(s) at issue in random drawing(s) from among all valid and eligible Entries received for the applicable Drawing(s) up to the time of such cancellation, provided a sufficient number of Entries are received. In no event will more than the number of Prizes stated in these Official Rules be awarded. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, the entrant’s sole remedy shall be another entry into the Sweepstakes.
LIMITATIONS OF LIABILITY AND RELEASE: As a condition of entering, Entrants agree to release the Sponsor, and Sweepstakes Parties, (collectively, “Releasees”) from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any Prize. No liability or responsibility is assumed by the Releasees resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Sweepstakes. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by entrant or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of the Entries. No responsibility or liability is assumed by the Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of any Website or Application in whole or in part for any reason; traffic congestion on the Internet or any Website or Application; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Website or App. Use of any Website or Application is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of any Website or Application or the download of any information from a website or any other loss related to user’s participation in the Sweepstakes or receipt of any Prize. 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 SWEEPSTAKES PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claim will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
PUBLICITY: Submission of an entry, including any Prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your Entrant Data for Sweepstakes administration purposes and shall be subject to the Frito Lay’s Privacy Policy available at https://contact.pepsico.com/fritolay/privacy-policy.
Sweepstakes Winner must consent (and confirm such consent in writing upon request) to the use of his/her name, voice, picture or other likeness without compensation for promotional purposes in all media as determined by Sponsor, except for residents of TN and where prohibited by law.In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
GOVERNING LAW & JURISDICTION: 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules thereof By entering, entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Collin County, Texas for the resolution of all matters or proceedings which are not subject to arbitration as set forth in the Binding Arbitration clause of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
WINNERS’ LIST REQUEST: For a list of Winners, reach out to support@pepsipromotionsupport.com no later than August 14, 2024.
SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, Texas 75024.
ADMINISTRATOR: Southern Made Services, LLC, 844 Hillwood Blvd., Nashville, TN 37209.