Fritos From Home Sweepstakes Official Rules
THRILLIST x FRITOS RECIPE CONTEST (THE "CONTEST")
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING; CONSUMER DISCLOSURE: YOU HAVE NOT YET WON
BY ENTERING THE CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE CONTEST, AND TO RECEIVE COMMUNICATIONS PERTAINING TO THIS CONTEST FROM GROUP NINE MEDIA, INC. (“SPONSOR”) AND FRITO-LAY NORTH AMERICA, INC., A DIVISION OF PEPSICO (“CONTEST PARTNER(S)”. YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.
The Contest is sponsored by Group Nine Media, Inc., located at 568 Broadway, Floor 10, New York, NY 10012. The Contest is subject to all applicable laws and regulations and is void where prohibited by law, or where bonding, registration, or other requirements have not been met. Decisions of Sponsor are final and binding with respect to all matters relating to the Contest.
1. Eligibility Requirements. The Contest is open to individuals legally residing in the fifty (50) United States or the District of Columbia, aged 18 or over, who meet their jurisdiction’s minimum age requirement. Officers, employees, agents, and immediate family and household members of Sponsor, Contest Partner(s), and their respective parents, subsidiaries, affiliates, advertising and promotion agencies and anyone professionally associated with the Contest (collectively, “Contest Entities”) are not eligible. Winner(s) may be required to furnish proof of identity, address, and age to receive a prize.
2. Contest Period. The Contest begins on June 14, 2021 at 12:01 AM Eastern Time and ends on August 29, 2021 at 11:59 PM Eastern Time* (the “Contest Period”). Entries received prior to or following the Contest Period will be disqualified. Sponsor’s computer is the official time-keeping device for the Contest.
3. Entry. To enter, you must create one (1) video (with a minimum duration of 15 seconds and maximum duration of 1 minute) or a minimum of one (1) photo (up to a maximum of five (5) photos) of you preparing your favorite snack or meal using any flavor of Fritos (“Fritos Recipe”) and submit your Fritos Recipe via one of the methods described below, during the Contest Period. Please note that by entering, your Fritos Recipe may be featured on https://fritosfromhome.splashthat.com/ and/or on Sponsor and Contest Partner’s owned and operated websites and social channels, even if you are not selected as a winner of the Contest. Please read the License Grant in Section 3(e) below for more details.
(b) Entry Form Submission: You may enter on the entry form at https://fritosfromhome.splashthat.com/ by following the instructions to complete and submit the entry form during the Contest Period. Your entry form submission must include: (i) your first and complete last name (no initials); (ii) a valid e-mail address; and (iii) link to your Fritos Recipe, if posting on either the Social Platforms or upload of your Fritos Recipe, if not posting on Social Platforms (such information, along with any other information or materials you submit in connection with the Contest, are your “Entry Form Submission” and together with the Social Submission a “Submission”).
(c) Fritos Recipe Requirements: The Fritos Recipe must include mention of all ingredients used to prepare the recipe and basic instructions on how to prepare it (can be text or voiceover). Any Submission you provide to the Contest will be considered non-confidential . Your Submission cannot: (i) be the recipe of any third party (ii) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (iii) promote alcohol, marijuana, illegal drugs, tobacco, 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; (iv) be obscene or offensive, endorse any form of hate or hate group; (v) contain or reference trademarks, logos or trade dress owned by others (excluding Fritos) or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (vi) contain copyrighted materials owned by others without permission (for example, music); and (vii) contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission. For identical recipe submissions, the first submission will be considered the only valid submission entry.
(d) Representations and Warranties: By entering the Contest, you warrant and represent that your Submission: (i) has not received previous awards; (ii) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (iii) will not infringe on the rights of any third party in connection with publication of the Submission via various media including web posting and posting in social media. You indemnify and hold harmless Sponsor and Contest Partner from any claims to the contrary. Any Submission that, in the sole opinion of Sponsor or Contest Partner, is deemed to be inappropriate for publication or inclusion in the Contest for any reason will be void and disqualified. You represent and warrant that you own and possess all rights to the Submission, including but not limited to all rights to any trademarks, copyrights, and rights of publicity incorporated therein (“Rights”) and that your Submission is wholly created by, and original to, you. You agree to provide to Sponsor and Contest Partner a copy of any consents, releases, or permissions documenting such Rights upon Sponsor’s or Contest Partner’s request.
(e) License Granted: By providing your Submission for consideration in the Contest, you hereby irrevocably grant to Sponsor and Contest Partner, and Sponsor’s and Contest Partner’s affiliates, successors, and assigns, and its and their respective agents, licensees, employees and contractors (the foregoing, collectively, “Authorized Persons”), a non-exclusive, royalty-free, fully paid-up, transferable, worldwide, perpetual, irrevocable right and license to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, create derivative works, exploit, sell, license, or otherwise use and permit others to use, your Submission, and the associated Rights contained therein, in perpetuity throughout the universe, in any medium or format now known or hereafter created for any purposes, including for advertising, public relations, and promotional purposes, including on any digital platforms, either in connection with or outside of the Contest, without further consent from, or other compensation to, you. You also hereby waive in favor of Sponsor and Contest Partner, all moral rights that you may now or later have to your Submission, throughout the world. The Authorized Persons may freely sublicense (through multiple tiers), assign, transfer, edit, composite, morph, scan, duplicate, alter, or create derivative works of the entry for any purpose that Sponsor or Contest Partner deems necessary or desirable. Except where prohibited: (i) entry into the Contest constitutes your consent, without further compensation, to the use of your name, story, image, likeness, voice, and other personal characteristics, biographical and personal data, contact information and your Submission for editorial, advertising, marketing, publicity, and administrative purposes by the Authorized Persons; (ii) acceptance of a prize constitutes a release by any winner of the Contest Entities of any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of your Submission or any prize. You acknowledge and agree that you have no right to review or approve such Submission or the associated Rights therein and that the Authorized Persons have no liability to you for any editing or alteration of such materials. You acknowledge that the Sponsor and Contest Partner have the right, but are not obligated, to use or stop using any Submission at any time for any reason.
4. Entry Limit. Limit one (1) entry per person, email account, and social media platform. You may not use multiple means of entry (e.g., multiple email accounts or multiple social media accounts) to circumvent the entry limit.
5. Prize(s). One (1) confirmed prize winner will receive one thousand U.S dollars ($1,000) (the “Prize”). The total ARV of the Prize is one thousand U.S. dollars ($1,000.00). The Prize is non-transferable and non-exchangeable. No compensation, refunds, or alternatives will be offered due to a winner’s inability to attend, claim, or use the Prize. Sponsor or Contest Partner reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor or Contest Partner be obligated to award more prizes than the number of Prize(s) stated in these Official Rules. Prizes delivered via post must be delivered to a valid U.S. address.
6. Winner Selection. All entries will be judged on or about September 13, 2021** (the “Judging Date”) by a panel of Thrillist executives and producers. The judges will score entries based on the following criteria: (a) originality of Fritos-inclusive recipe (25%); (b) ability to tell a compelling story (25%) (c) ability to capture spirit of contest (25%); and (d) quality of on-screen performance (25%). The entry with the highest overall score will be declared the potential winner (in the event of a tie, the entry with the higher score in the (c) criteria will prevail).
7. Winner Notification and Acceptance Requirements. Sponsor will contact winner by Social Platform direct message used to enter, or, for Entry Form Submissions, the email address provided. Sponsor is not liable for a winner’s failure or inability to receive communications sent by Sponsor to the contact information provided. To receive the Prize, the winner must: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and liability and publicity release (together, “Winner Paperwork”) to Sponsor within five (5) business days of Sponsor’s delivery of Winner Paperwork. A winner may be disqualified for: failure to timely respond to Sponsor’s notification, failure to timely complete and return the Winner Paperwork, failure to meet the Eligibility Requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor’s sole discretion. All winner privileges shall immediately terminate upon disqualification. If a winner is disqualified, Sponsor may select an alternative winner (up to a maximum of two (2) alternates). No alternate winner(s) will be drawn if a Prize is time sensitive. Normal time, toll, connection, and usage rates charged by your Internet Service Provider may apply. Winner(s) are responsible for all federal, state, and local taxes on the value of the Prize. Winner(s) may receive from an IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service. Unless prohibited by applicable law, winner’s acceptance of a Prize constitutes winner’s irrevocable permission for Sponsor and Contest Partner(s) to use winner’s name, address, biographical information, likeness, and testimonial for advertising or publicity purposes regarding the Contest, on a worldwide basis and in all forms of media known or unknown, without further compensation.
8. General Terms. Sponsor or Contest Partner may disqualify any individual or void any entry if the entrant corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest. This includes, for example, the use of computer ‘script,’ ‘macro,’ or ‘brute force,’ masking identities by manipulating IP addresses, or using any automated means to enter the Contest. Sponsor or Contest Partner may disqualify any individual or void any entry if the entrant uses a username or email address that belongs to or is already being used by another person, whether actual or fictitious, that may be interpreted as impersonating another person, or violating the rights of any person. Incomplete, illegal, misdirected, untimely, or invalid entries will not be accepted. Proof of sending is not proof of delivery. Releasees (defined below) take no responsibility for delayed, incomplete, illegible, unintelligible, misdirected, damaged, or lost entries due to technical reasons or otherwise. If the Contest cannot be run or be administered as planned, for reasons outside of Sponsor’s or Contest Partner’s control, Sponsor and Contest Partner reserve the right to cancel, modify, or suspend the Contest (subject to any written directions given under applicable law) by posting a notice on the Contest entry page. Sponsor and Contest Partner further reserve the right to modify, cancel, or suspend the Contest if Sponsor or Contest Partner believes doing so is necessary to maintain the integrity of the Contest or fairness to entrants. Sponsor and Contest Partner will not be liable for a delay or failure to perform its obligations if caused by an act, omission, event, or circumstance beyond Sponsor’s or Contest Partner’s reasonable control. This Contest is governed by New York law. By entering, you irrevocably consent to exclusive jurisdiction and venue of the state and federal courts located in New York, New York for any dispute arising from or relating to this Contest.
10. Risks; Warranties; Release of Claims. Your participation in the Contest is at your own risk. Releasees do not make, and hereby disclaim, all implied warranties of any kind relating to the Prize, including warranties of fitness for a particular purpose, merchantability, and noninfringement, or any representations regarding the function or operation of the Prize. By entering the Contest, you agree to release and hold the Contest Entities, judging organization (if applicable), and any other party associated with the development or administration of this Contest and each of their respective agents, successors, assigns, employees, officers, and directors (collectively, the “Releasees”) harmless from any liability, illness, injury, death, loss, litigation, claim, or damage directly or indirectly relating to (i) the provision, hosting, sponsorship, administration, suspension, or cancellation of the Contest, (ii) a person’s ability or inability to enter or participate in the Contest, including those arising from technical failures, third-party telecommunication outages, or other force majeure events, (iii) any determination of disqualification or other decision made by Sponsor or Contest Partner in its sole discretion, (iv) your ability to win, claim, or use a Prize, or to otherwise participate in any activity relating to the Contest, (v) the Prize itself, including use or misuse of a Prize, and/or (vi) electronic or human error, or events arising from the simple negligence of one or more Releasees. You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California (“Section 1542”) (or any similar law applicable to your jurisdiction) which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. You acknowledge that you have had an opportunity to review these Official Rules and Sponsor’s and the Contest Partner’s privacy policies and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees and that this release will be binding upon an entrant’s and winner’s heirs, executors, and administrators, and anyone claiming by or through an entrant or winner.
11. Third-Party Platforms. If this Contest is hosted, administered, or operated on a third-party platform, including without limitation social media platforms (e.g. Facebook or Instagram) (the “Third Party Platform”), then by participating in this Contest, you hereby release and hold harmless such Third-Party Platform from all claims, responsibility, and liability relating to the Contest. Unless otherwise stated in these Official Rules, this Contest is not sponsored, endorsed, or administered by, or associated with, any Third-Party Platform.
12. Winner Publication. The first name, last name, and state of residency for confirmed winner(s) will be available upon written request to the Sponsor at the address below, for two (2) years following the end of the Contest Period.
13. Sponsor and Contest Partner Contacts.
Sponsor(s): Group Nine Media, Inc. 568 Broadway, Floor 10, New York, NY 10012.
Contest Partner(s): Frito-Lay North America, Inc. a division of PepsiCo, 7701 Legacy Drive Plano, TX 75024
* On July 9, 2021, the Contest Period end date was extended from July 16, 2021 to August 29, 2021.
** On July 9, 2021, the Judging Date was extended from July 30, 2021 to September 13, 2021.