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 "ELIGIBLE STATES") AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
2018 YOUR HOME PLATE CONTEST ("CONTEST")
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, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Contest is open only to legal residents of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont (each an "Eligible State"), who are eighteen (18) years of age or older at the time of participation. 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"), the MLB Entities (defined below), 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 March 26, 2018 and ends at 11:59:59 p.m. CT on April 30, 2018 ("Contest Period"). The time clock of 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 snack idea using LAY'S® Kettle Cooked Potato Chips or other potato chips. To enter, visit www.homeplatesnack.com ("Web Site") and follow the instructions to submit the following:
- Snack name, in English (limited to seventy-five  characters);
- Written description of snack including ingredients, in English (limited to one thousand [1,000] characters);
- Photo of snack (optional);
- Indicate the snack's featured potato chips (select from the drop-down menu);
- Entrant's contact information, which may include first and last name, email address, birthdate, phone number, state of residence and zip code (altogether, 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) hours beginning at 12:00:00 a.m. CT and ending at the first to follow 11:59:59 p.m. CT with the exception of the first day of the Contest Period which shall begin at 12:00:00 p.m. CT and end at the next to follow 11:59:59 p.m. CT.
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 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 and the MLB Entities 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 OR ITS SOCIAL MEDIA ASSETS, AT SPONSOR'S DISCRETION. Sponsor has no obligation to use or post any Entry you submit. Sponsor and MLB Entities 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. 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 or any MLB Entity 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 and each MLB Entity does not waive any rights to use similar or related ideas previously known to Sponsor or any MLB Entity, 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  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, Promotion Parties and the MLB Entities 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, 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, the MLB Entities, 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  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  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  years of age); (k) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and the MLB Entities wish 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-421, Plano, Texas 75024. By Email: Jeanette.email@example.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 DCMA, 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 OR ANY MLB ENTITY 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 will be judged by Sponsor and/or Sponsor's agency ("Panel") on the following criteria ("Judging Criteria"): (a) Creativity (40%); (b) Likelihood this could be served in ballpark (30%); (c) Local relevance (20%); and (d) Ease of preparation (10%). 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 "Creativity". 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.
6. PRIZE DETAILS: Prize - one (1) prize will be awarded: Winner will receive four (4) right-field roof deck tickets for use by winner and three (3) guests for one (1) 2018 regular-season Boston Red Sox home game determined by Sponsor at its sole discretion; a pregame guided tour of the ballpark for winner and his/her three (3) guests; the opportunity for winner and his/her three (3) guests to view Boston Red Sox pregame batting practice from the field; the opportunity for winner and his/her three (3) guests to visit the Green Monster on the date of the game; the opportunity for winner and his/her guests to be shown as the "Your Home Plate" winner on the ballpark video board during the pre-game ceremony; and four (4) gift bags including Boston Red Sox merchandise and Frito-Lay products (exact contents determined by Sponsor, in its sole discretion (the "prize"). Approximate Retail Value: $550.00. TRANSPORTATION AND LODGING NOT INCLUDED. The exact nature and duration of the tour, batting practice viewing opportunity, Green Monster visit and video board feature shall be determined by Sponsor and The Boston Red Sox Baseball Club Limited Partnership ("Boston Red Sox"), as applicable, at their sole discretion and subject to availability and the rules and regulations of Boston Red Sox.
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. Seat locations at the game shall be determined in the sole discretion of Sponsor and Boston Red Sox. Winner's guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen  years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guests agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).Sponsor and the MLB Entities are not liable for any missed events or opportunities or expenses incurred as a consequence of any transportation delay or in the event winner and/or a guest is late to the event (through no fault of Sponsor or due to Force Majeure Event). 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 and the MLB Entities (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
Sponsor and the MLB Entities 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.
7. LIMITATIONS OF LIABILITY AND RELEASE: No responsibility is assumed by Sponsor or any MLB Entity for lost, late, mutilated, illegible, unintelligible incomplete, misdirected or postage-due mail or Entries. No liability or responsibility is assumed by Sponsor, the other Promotion Parties or any MLB Entity 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, the other Promotion Parties or MLB Entities 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, the other Promotion Parties and MLB Entities 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, the other Promotion Parties and MLB Entities 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 seventy-two (72) hours indicating whether he/she can accept prize or prize may be forfeited. Sponsor and the MLB Entities are 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, the other Promotion Parties, the MLB Entities, 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; (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 the MLB Entities, 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. 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 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.
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 AND THE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, employees, directors, officers and agents of the foregoing entities.
This Contest is not produced, sponsored, administered or executed by any MLB Entity.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
12. WINNER'S LIST: For the name of the winner, send a self-addressed, stamped envelope to be received by May 31, 2018, to: 2018 Your Home Plate Snack Contest Winner's List, 10 South 5th Street, 7th Floor, Dept. 880-773, Minneapolis, MN 55402.
13. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2018 Frito-Lay North America, Inc.