THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
CHEETOS® CRUNCHY BUFFALO “SECOND-BEST BUFFALO THING” SOCIAL SWEEPSTAKES (“SWEEPSTAKES”) OFFICIAL RULES
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, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (19 or older if a resident of Alabama or Nebraska) with a valid US driver’s license or government issued photo ID at the time of entry. Employees, officers, directors, contractors, agents and representatives of Frito-Lay, Inc. (“Sponsor”), Pepsi-Cola Company and its bottlers, Genesco Sports Enterprises, Inc. (“Administrator”), The NFL Parties (defined as NFL Properties LLC, National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Enterprises LLC, NFL International LLC, NFL Productions LLC, and each of their respective affiliates, owners, subsidiaries, shareholders, officers, directors, agents, representatives and employees, both individually and collectively), each of their respective parents, affiliates, subsidiaries, distributors, participating retail locations, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of
this Sweepstakes (hereinafter, collectively, “Released Parties”), and each such individual’s immediate
family members (mother, father, sister, brother, any child, husband, wife, grandparent, and/or “step”, and their respective spouses, regardless of where they reside) 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) are not eligible to participate or win a prize.
2. SWEEPSTAKES PERIOD: The Sweepstakes begins on January 25, 2024 at 4:00:00 p.m. Eastern Time (“ET”) and ends on February 11, 2024 at 11:59:59 p.m. ET (“Sweepstakes Period”). The Sweepstakes Period consists of three (3) entry periods as outlined below (each an “Entry Period”). The computer of the Sweepstakes Webmaster is the official time-keeping device of the Sweepstakes.
3. TO ENTER: During the Sweepstakes Period, eligible entrants are invited to watch for posts on @Cheetos on Instagram about the Sweepstakes (each a “Sweepstakes Post”). Next, the entrant must comment with an emoji on the Sweepstakes Post from their personal Instagram account (altogether, the “Entry”), using either a mobile device or a desktop/laptop computer to receive one (1) entry into the corresponding Entry Period Drawing and one (1) entry into the Grand Prize Drawing. See Section 4 for random drawing details. Limit one (1) entry per person per Entry Period. Sponsor shall make up to three (3) Sweepstakes Posts during the Sweepstakes Period.
By submitting an Entry, the entrant is consenting to receive direct messages to the Instagram account used for entry, if they are selected as a potential winner. Entries will not be judged.
Entrant must be a registered user of Instagram and follow Sponsor’s handle @Cheetos on Instagram for the duration of the Sweepstakes. To create a free Instagram account, follow the onscreen instructions to register at http://Instagram.com. To become a follower of @Cheetos, visit Instagram.com/Cheetos and choose to follow. Your Instagram setting must be set to “unprotected” and “public” for your Entry to be viewable by the Administrator and allow direct messages from anyone so that you may be contacted by the Administrator if you are selected as the potential winner.
Entry submission must be manually entered by the individual entrant; 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 and transmissions from such scripts, macros, bots or sweepstakes services or related Instagram accounts or IP addresses may be blocked. If it is discovered that an entrant used multiple Instagram accounts or manipulated their contact information, for the purpose of obtaining more than one (1) Entry per Sweepstakes Post, such persons will be disqualified and all of their Entries shall be deemed invalid and any prize awarded to them shall be forfeited.
Incomplete, deceptive or garbled Entries are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record an Entry. Entry must comply with these Official Rules and the Instagram Terms of Use and Community Guidelines found at https://www.instagram.com/legal/terms. In the event of a conflict between the Sweepstakes Official Rules and Instagram Terms of Use and Community Guidelines, the Sweepstakes Official Rules shall govern.
Any Entry or portion thereof that is, in the Sponsor's sole discretion, inconsistent with Sponsor's desired image, offensive, obscene, profane, lewd, defamatory, contains any proper names, third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Sponsor’s) or other proprietary right of any entity or person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light), or is otherwise objectionable, will not be accepted as an Entry and may disqualify entrant from further participation in the Sweepstakes.
All entrants must have a valid email address. The name of the person submitting the entry into the Sweepstakes must be the authorized account holder of the email address associated with the Instagram account used to enter or the Entry may be deemed void. Multiple entrants may not share the same email address or Instagram account. In the event of a dispute over the identity of an entrant, the Entry will be declared made by the authorized account holder of the email address associated with the Instagram account used to submit the Entry. The potential winner may be required to provide identification sufficient to show that they are the authorized account holder of such account.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Mobile entry is not required to submit an Entry or win the prize in this Sweepstakes.
4. RANDOM DRAWINGS: For each Entry Period, the potential Entry Period Prize winners will be selected in a random drawing on or about each Drawing Date listed in Section 2 from among all eligible entries received for the corresponding Entry Period (each an “Entry Period Drawing”). Entries will NOT carry forward to subsequent Entry Periods; however, all Entries will carry forward to the random drawing for a chance to win the Grand Prize (“Grand Prize Drawing”). One (1) Grand Prize winner will be selected in the Grand Prize Drawing on or about February 12, 2024 from among all eligible entries received for the entire Sweepstakes Period. All drawings will be conducted by Sponsor’s agency, whose decisions are final. Odds of winning depend on the number of eligible entries received for a given drawing. Limit one (1) Entry Period Prize per person/household. A winner of an Entry Period Prize is eligible to win the Grand Prize.
5. PRIZE DETAILS: Grand Prize (1): $22,222.22, awarded in the form of a check or wire transfer, payable to winner. Entry Period Prizes (250 total; 125 for Entry Period 1, 75 for Entry Period 2, and 50 for Entry Period 3): One (1) Cheetos® Crunchy Buffalo 8.5 oz product. Approximate Retail Value:
$7.00 each. Total ARV of all prizes is $23,972.22.
6. WINNER NOTIFICATION: The potential winners will be notified via direct message (“DM”) through their Instagram account used to submit their Entry and will be required to respond to the notification (as stated within the notification) within five (5) days with the requested information to claim prize. The potential Grand Prize winner will be required to complete, sign and return an IRS Form W-9 (including their social security number) and an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release (“Affidavit”) within five (5) days beginning at the time the Administrator sends the Affidavit to winner via email. Failure to return the Affidavit within the specified time period may result in prize
forfeiture. The Released Parties are not responsible for suspended or discontinued Internet or wireless service or a change in winner’s Instagram account or email address, which may result in a potential winner not receiving prize notification. If a prize notification or prize is returned as undeliverable, if a potential winner does not respond to the notification (as instructed within the notification), if a potential winner cannot be verified or is otherwise unable to accept the prize as stated, prize may be forfeited and awarded to an alternate winner. The Released Parties are not responsible for any undelivered emails or unanswered DM’s, including without limitation, emails or DM’s that are not received because of potential winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any winner notification email, to a spam or junk folder. Upon forfeiture for any reason, no compensation will be given. The Sponsor will attempt to award each Entry Period Prize two (2) times; if the Entry Period Prize cannot be awarded after two (2) attempts, that Entry Period Prize will be deemed “unclaimed” and Sponsor has no further obligation to attempt to award that Entry Period Prize. Prizes will be mailed to winners within six
(6) to eight (8) weeks of winner verification.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Released Parties resulting from entrant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Release 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 online or 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 online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the network or social media platform in whole or in part for any reason; traffic congestion on the Internet or social media platform, 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 a social media platform or an entrant’s email account used in connection with the Sweepstakes. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing of Entries, the announcement of the prize or in any Sweepstakes-related materials. Use of a social media platform is at user’s own risk. The Released 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 Sweepstakes. 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 THE RELEASED PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
8. RELEASE OF LIABILITY: By participating in the Sweepstakes, entrants agree (a) to release the Released Parties and Instagram from any and all claims or actions of any kind whatsoever for injuries, damages or losses to persons and property, including bodily injury and death, arising from or relating to such participant's participation or inability to participate in the Sweepstakes; (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 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 the prize, each winner (a) agrees 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 Sweepstakes; from acceptance, possession, misuse or use of any prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor, the NFL Entities and their respective designees the right to use their name, photograph, likeness, voice, image, statements, 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. The Released Parties
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: Winners are solely responsible for any taxes on their prize, if any. The potential Grand Prize winner will be required to provide their social security number to the Administrator as a condition of receiving the prize and will receive an IRS Form 1099 for the value of their prize. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Any 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 Sweepstakes 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 Sweepstakes, Sponsor reserves the right to (a) cancel, suspend and/or modify the Sweepstakes, 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 winners from among all eligible Entries received up to time of such action in a manner as determined by Sponsor. This Sweepstakes is offered only in the United States 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 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. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.
Please see Sponsor’s privacy policy located at https://contact.pepsico.com/fritolay/privacy-policy for details of Sponsor’s policy regarding the personal information collected in connection with this
Sweepstakes. Additionally, any communication between entrant and Sponsor, Administrator or its other agencies regarding this Sweepstakes (e.g., phone calls, text messages, chats, email, 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 AN ENTRANT, 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 name of the Grand Prize winner, send a self-addressed, stamped envelope to be received by March 15, 2024 to: Cheetos Crunchy Buffalo “Second-Best Buffalo Thing” Social Sweepstakes Winner's List, C/O GSE, PO Box 130, Dept. 24-8105-04, Glencoe, MN 55336-0130.
11. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024-4099.
Participant irrevocably waives all claims against the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) and agrees that the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or the prizes awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.
© 2024 Frito-Lay North America, Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not to Instagram.