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 (SEE SECTION 1 FOR ELIGIBILITY) AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.

 

RUFFLES® RIDGELINE UNLOCKS 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 U.S. residents of any of the forty-eight (48) contiguous United States or the District of Columbia who are 18 years of age or older (19 years of age 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. Void in Alaska, Hawaii and where prohibited. The following persons are not eligible to participate: employees, contractors, directors, and officers of Frito-Lay, Inc. (“Sponsor”), Genesco Sports Enterprises, Inc. (“Administrator”), Motive Group, Inc., each of their respective parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), the NBA Properties, Inc., National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”) and the 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 months during the twelve-month period preceding the start date of the Sweepstakes).

 

2. SWEEPSTAKES PERIOD: The Sweepstakes begins on February 16, 2024 immediately after the start of the Ruffles® NBA All-Star Celebrity Game and ends on February 16, 2024 at 11:59:59 p.m. Eastern Time (“ET”) (“Sweepstakes Period”). The computer of the Sweepstakes Webmaster is the official time-keeping device of the Sweepstakes.

 

3. TO ENTER: During the Sweepstakes Period, entrants are invited to watch for a post on @Ruffles on Instagram about the Sweepstakes (each a “Sweepstakes Post”). Next, the entrant must use a mobile device or a desktop/laptop computer to comment on the Sweepstakes Post, from their personal Instagram account, with a celebratory emoji and hashtags #RufflesRidgeline #Entry (the “Hashtags”) (altogether, the “Entry”) to receive one (1) entry into the random drawing.

 

Bonus entry opportunities may be offered: If a fourth, fifth or sixth successful “Ridgeline” shot (a 4-pointer shot made beyond the 3-point arc) is made during the Ruffles® NBA All-Star Celebrity Game, watch for an additional Sweepstakes Post (one per successful Ridgeline shot) on @Ruffles on Instagram. If an additional Sweepstakes Post is made, entrants can comment on the Sweepstakes Post, with a celebratory emoji and Hashtags (as described in the paragraph above), to receive one (1) bonus entry, per additional Sweepstakes Post, into the random drawing. Sponsor is not obligated in any way to make any additional Sweepstakes Post(s) or offer any bonus entry opportunities.

 

Limit one (1) entry per person per Sweepstakes Post. Entries will not be judged.

 

The Hashtags MUST be included for the Entry to be valid. By using the Hashtags, entrants are consenting to receive direct messages via Instagram.

 

Any Entry or portion thereof (including inappropriate emoji’s) 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.

 

Entrant must be a registered user of Instagram and follow Sponsor’s handle @Ruffles 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 @Ruffles, visit Instagram.com/Ruffles and choose to follow. Your Instagram setting must be set to “unprotected” and “public” for your Entry to be viewable by the Sponsor’s agency and allow direct messages from anyone so that you may be contacted by the Sponsor’s agency 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 social media 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.

 

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 (or associated with the social media account) used to enter or entry may be deemed void. Multiple entrants may not share the same email address or social media 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 DRAWING: The potential winner will be selected in a random drawing to be held on or about February 20, 2024 from among all eligible Entries received by the Sponsor’s agency, whose decisions are final. Odds of winning the prize depend on the number of eligible entries received.

 

5. PRIZE DETAILS: One (1) prize is available to be awarded, consisting of a trip for winner and winner’s one (1) guest to a 2024 NBA Finals game (“Game”) scheduled to take place in June of 2024. Location and exact game and travel dates to be determined, by Sponsor and/or the NBA Entities (in their sole discretion), at a date later than the publication of these Official Rules. The trip consists of round-trip coach air transportation for winner and one (1) guest (from a major airport nearest winner’s home); double-occupancy standard hotel accommodations (one room) for two (2) nights; two (2) tickets to the Game; and $500.00 (awarded in the form of a check, payable to winner). Game tickets are subject to certain terms and conditions, which may include the requirement that the winner must download a mobile ticketing app (valid email address required) and present tickets for entry via a mobile device. Approximate Retail Value (“ARV”) is $5,700.00, depending on winner’s point of departure and destination airport. Grand Prize Conditions below apply.

                                                                                                                      

Prize Conditions: Ground transportation, upgrades, meals, gratuities, souvenirs, luggage fees, and all other expenses not specified herein are solely the winner’s responsibility. A minor child may accompany winner as a guest only if minor’s parent or legal guardian is the winner. Minor(s) must be accompanied at all times during all prize-related events by minor’s parent or legal guardian. Once the guest is selected, they may not be substituted, except in Sponsor's sole and absolute discretion. The guest (or their parent or legal guardian if guest is a minor) must complete and return a Liability/Travel Release prior to Sponsor’s designated travel agency making travel arrangements. All travel and prize-related events are subject to availability, change and restrictions. Selection of airport, airline and hotel is at Sponsor’s sole discretion. Selection of seating on flights and at the Game are at Sponsor’s sole discretion. If winner resides within 250 miles of the location where the Game is played, another method of transportation may be substituted for air transportation by Sponsor, in its sole discretion. Winner will be required to provide a credit card prior to hotel check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to airline flights and the Game) or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations beyond its control. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Sponsor is not responsible and will have no liability if the winner and/or their guest(s) is, for any reason, not permitted (a) to travel by the relevant airport authorities or misses a flight or other travel element or (b) redeem any other prize element. Winner and guest must travel on the same itinerary. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid U.S. government issued ID, Real ID or passport) required for travel within the United States. Sponsor and the NBA 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 game (through no fault of Sponsor or due to Force Majeure Event). Game is subject to change and cancellation. Winner and guest must abide by all venue policies and regulations, including without limitation all health and safety protocols, and ticket terms and conditions at all times. The Sponsor and the NBA Entities reserve the right to revoke the full or partial prize from any winner or guest(s) who the Sponsor, venue personnel or the NBA Entities deem in any of their sole discretion, may be intoxicated, be a safety risk, have violated any venue or NBA policy or law, fail to comply with the NBA’s (or its designee’s) health and safety protocols, or bring the Sponsor, Promotion Parties or the NBA Entities into disrepute. For the avoidance of doubt, unused tickets cannot be refunded, exchanged or applied towards tickets for any subsequent event or for cash. Game tickets awarded as prizes may not be resold, 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. Additional prize details may be provided to the winner at the time of notification. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip.

 

6. WINNER NOTIFICATION: The potential winner 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 seventy-two (72) hours to accept prize and receive further instructions on how to claim prize. The potential 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 seventy-two (72) hours beginning at the time the Sponsor’s agency sends the Affidavit to winner via email. Failure to return the Affidavit within the specified time may result in prize forfeiture. Sponsor and Promotion Parties are not responsible for suspended or discontinued Internet or wireless service or a change in winner’s social media account or email address, which may result in a potential winner not receiving prize notification. If the prize notification or prize is returned as undeliverable, if the potential winner does not respond to the notification (as instructed within the notification), if the 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. Sponsor and Promotion 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.

 

7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor, Promotion Parties, NBA Entities, Instagram Inc., 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. Sponsor and Promotion 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. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer or web-enabled device resulting from participation in the 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 SPONSOR AND PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

8. RELEASE OF LIABILITY: By participating in the Sweepstakes, entrants agree (a) to release Sponsor, Promotion Parties, NBA Entities, and Instagram, Inc. 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, winner (a) agrees that the Sponsor, Promotion Parties, NBA Entities, Instagram, Inc., and all of their respective officers, directors, employees, representatives and agents 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) to grant (and agree to confirm grant in writing promptly upon request) to Sponsor, the NBA 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. Sponsor, Promotion Parties and the NBA Entities 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: Winner is solely responsible for any taxes on their prize, if any. Winner will be required to provide their social security number to the Sponsor’s agency as a condition of receiving the prize and will receive an IRS Form 1099 for the retail 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 winner 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 or its agencies regarding this Sweepstakes (e.g., phone calls, text messages, chats, email, etc.) may be recorded for quality assurance and training purposes. Winner’s name 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 winner, send a self-addressed, stamped envelope to be received by March 22, 2024 to: Ruffles Ridgeline Unlocks Sweepstakes Winner's List, C/O GSE, PO Box 130, Dept. 24-8118-02, Glencoe, MN 55336-0130.

 

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

 

The National Basketball Association and its member teams and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, members, representatives, and employees will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NBA 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.  

 

RUFFLES® RIDGELINE CELEBRITY GAME OFFER (“PROMOTION”) – TERMS AND CONDITIONS

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. BY ENTERING, PARTICIPANT AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE DECISIONS OF THE ADMINISTRATOR (DEFINED BELOW), WHICH SHALL BE FINAL IN ALL RESPECTS.

 

1. Eligibility: The Promotion is valid to individual consumers only who are legal U.S. residents residing in one of the fifty (50) U.S. states or the District of Columbia, eighteen (18) years of age or older at time of participation. Void where prohibited. The following persons are not eligible to participate: employees, contractors, directors, and officers of Frito-Lay, Inc. (“Sponsor”), Motive Group, Inc. (“Administrator”), Genesco Sports Enterprises, Inc. (also an “Administrator”), and each of their respective parent, subsidiary and affiliated companies, distributors, participating retail locations, Web design, advertising, fulfillment and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”), the NBA Properties, Inc., National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”), and the 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-month period preceding the start date of the Promotion). By participating in the Promotion, participants (or if a minor, their parent or legal guardian) agree to be bound by these Terms and Conditions.

 

2. Promotion Period:  The Promotion begins at the time the Promotion Post (defined below) is made (if any) on February 16, 2024 at 7:00 p.m. Eastern Standard Time (“EST”). The Promotion shall end once all of the offered rewards have been claimed or at 11:59:59 p.m. EST, whichever occurs first.

 

BY PARTICIPATING, PARTICIPANT ACKNOWLEDGES THAT THEIR COMMENT (DEFINED BELOW) MAY BE POSTED ON SPONSOR’S WEBSITE, OTHER WEBSITES OWNED OR CONTROLLED BY SPONSOR OR SPONSOR’S SOCIAL MEDIA ASSETS, AT SPONSOR’S DISCRETION.

 

Sponsor has no obligation to use or post any Comment you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Comments in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose without notice or compensation to participant (or participant’s heirs or successors) of any kind. Comments that are not in accordance with these terms and conditions or are not received during the Promotion Period will be ineligible.

 

3. How to Participate: During the Promotion Period, if a player on either team (participating in the Ruffles® NBA All-Star Celebrity Game) makes a 4-pointer* (up to two (2) 4-pointers for the Promotion), the Sponsor will make a post about the Promotion at @Ruffles on Instagram (www.instagram.com/ruffles) (each a “Promotion Post”).

 

*A “4-pointer” is defined as a basket made from the 4-Point Ridge Line.

 

For the first 4-pointer made (if any) and once the Promotion Post is made, the first four hundred forty-four (444) eligible individuals to comment on the Promotion Post with a celebratory emoji and #RUFFLESRIDGELINE (a “Comment”) will receive Reward #1 (defined below) (subject to verification). First come, first served.  While supplies last. Limit one (1) Comment per participant for the first Promotion Post.

 

For the second 4-pointer made (if any), and once the Promotion Post is made, the first one hundred forty-four (144) eligible individuals to comment on the Promotion Post with a celebratory emoji and #RUFFLESRIDGELINE (also, a “Comment”) will receive Reward #2 (defined below) (subject to verification). First come, first served.  While supplies last. Limit one (1) Comment per participant for the second Promotion Post. 

 

The Promotion is good while supplies last and rewards are distributed on a "first come, first serve" basis in relation to when a participant’s Comment has been made and verified as valid. Both a celebratory emoji and the hashtag #RUFFLESRIDGELINE are required for your Comment to be considered for the Promotion.

 

FOR CLARITY: For Reward #1, only the first four hundred forty-four (444) valid Comments received will be honored. For Reward #2, only the first one hundred forty-four (144) valid Comments received will be honored. If a second 4-pointer is NOT made, Reward #2 will not be offered. If a 4-pointer is NOT made at all during the Ruffles® NBA All-Star Celebrity Game, the Promotion will not run. If the Ruffles® NBA All-Star Celebrity Game is canceled, for any reason, the Promotion will not run.

 

Additional participation guidelines:

 

A participant must be a registered user of Instagram and follow Sponsor’s handle @Ruffles on Instagram for the duration of the Promotion. To create a free Instagram account, follow the onscreen instructions to register at http://Instagram.com. To become a follower of @Ruffles, visit Instagram.com/Ruffles and choose to follow. Your Instagram setting must be set to “unprotected” and “public” for your Comment to be viewed by the Administrator and allow direct messages from anyone so that you may be contacted by the Administrator if you are determined to receive a reward.

 

Comments must be manually key stroked and/or manually entered by the individual participant. All automated and/or repetitive electronic submissions (including but not limited to Comments made using any script, macro, bot or promotional service) will be disqualified and all transmissions from these or related email addresses or IP addresses may be blocked. If it is discovered that a participant used multiple Instagram accounts for the purpose of obtaining more than one (1) reward per Promotion Post, such persons will be disqualified.

 

Incomplete, deceptive or garbled Comments are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record a submission.

 

As determined by the Sponsor, in its sole discretion, Comments must meet the following guidelines: (i) Must comply with these terms and conditions; (ii) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, contain nudity or any materially-dangerous activity; (iii) Cannot promote alcohol, marijuana, illegal drugs, tobacco, vaping products, 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) Cannot be obscene or offensive, endorse any form of hate or hate group; (v) 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; (vi) Cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies; (vii) Cannot contain third party trademarks, logos or trade dress owned by others (except Sponsor’s trademarks, logos or trade dress or a celebratory emoji), 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, e-mail addresses or street addresses; (viii) 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; (ix) Cannot contain background artwork, unless it is an original work of the participant; (x) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant; (xi) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (xii) Cannot depict, and cannot itself, be in violation of any law.

 

All participants must have a valid email address. The name of the person participating in the Promotion must be the authorized account holder of the email address associated with the Instagram account used to participate or submission may be deemed void. Multiple participants may not share the same email address or Instagram account. In the event of a dispute over the identity of a participant, the Comment will be declared made by the authorized account holder of the email address associated with the Instagram account used to submit the Comment. A potential reward recipient may be required to provide identification sufficient to show that they are the authorized account holder of such account.

 

If participating 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. Participants are solely responsible for any such wireless charges. Mobile entry is not required to participate.

 

All Comments must comply with these Terms and Conditions 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 Promotion Terms and Conditions and Instagram Terms of Use and Community Guidelines, the Promotion Terms and Conditions shall govern.

 

COMMENTS POSTED TO SPONSOR’S ASSETS (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT 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 participants. Sponsor reserves the right to waive the Promotion requirements set forth herein, in its sole discretion.

 

4. Reward Details:

 

Four hundred forty-four (444) Ruffles® x Nap or Nothing Capsule Collection #1 (“Reward #1) are available for the Promotion, each consisting of one (1) bucket hat and one (1) crewneck. Approximate Retail Value (“ARV”): $55.00 each. Limit one (1) Reward #1 per person.

 

One hundred forty-four (144) Ruffles® x Nap or Nothing Capsule Collection #2 (“Reward #2) are available for the Promotion, each consisting of one (1) basketball, one (1) pair of sweatpants, and one (1) hoodie. ARV: $100.00 each. Limit one (1) Reward #2 per person.

 

Winners do not receive their choice of size(s). Size(s) are determined by Sponsor, in Sponsor’s sole discretion.

 

Total ARV of all rewards is up to $38,820.00.

 

5. Notification to Reward recipients: The participants identified to receive rewards (i.e. for Reward #1, the first 444 eligible participants and for Reward #2, the first 144 eligible participants based on these Terms and Conditions and as stated above) will receive a direct message (“DM”) through their Instagram account they used to participate and will be required to follow the instructions in the notification (as stated within the notification) within forty eight (48) hours to claim their reward. Sponsor and Promotion Parties are not responsible for suspended or discontinued Internet or wireless service or a change in a participant’s Instagram account, which may result in a participant not receiving a notification. If a participant does not respond to the notification (as instructed within the notification), if a participant cannot be verified or is otherwise unable to accept the reward as stated, or if the reward is undeliverable, the reward will be forfeited by such participant and considered “unclaimed”. Unclaimed rewards will not be awarded. Sponsor and Promotion 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 a participant’s privacy or spam filter settings which may divert any Promotion email, including any Promotion notification email, to a spam or junk folder. Sponsor and Promotion Parties are not responsible for a change in a participant’s mailing address which may result in that participant not receiving the reward. Rewards shall be shipped within ten (10) to twelve (12) weeks following the Promotion.

 

6. Limitations of Liability and Release: No liability or responsibility is assumed by Sponsor, Promotion Parties or the NBA Entities resulting from participant's participation in or attempt to participate in the Promotion. No responsibility or liability is assumed by Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: 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 Instagram in whole or in part for any reason; traffic congestion on the Internet; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of participant’s contact information provided for the Promotion. Sponsor is not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, submissions of requests, the announcement of available rewards or these Terms and Conditions, or any inaccurate or incorrect data contained herein. Sponsor is 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 mobile device or computer equipment resulting from participation in the Promotion. 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 ITS AGENCIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. 

 

If for any reason the Promotion 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 Promotion, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the submission process, and (b) to cancel, modify or terminate the Promotion. In the event of cancellation, Sponsor will randomly distribute any remaining rewards to eligible, non-suspect requests received prior to cancellation. This Promotion is offered only in the United States and is governed by the laws of the state of Texas, and all claims must be resolved in the federal or state courts located in Collin or Dallas counties, Texas.

 

7. Release of Liability: By participating in the Promotion, participants (if a minor, their parent or legal guardian) agree (a) to release Sponsor, Promotion Parties, the NBA Entities, Instagram, Inc., and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, and representatives, 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 Promotion; (b) under no circumstances will participant be permitted to obtain awards for, and participant 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 Promotion, or any reward 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 a reward, recipients (if minor, their parent or legal guardian) (a) agree that Sponsor, the Promotion Parties, the NBA Entities, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by participant 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 Promotion; from acceptance, possession, misuse or use of any reward, and (b) grant to Sponsor and those acting under Sponsor’s authority, the NBA Entities, and each of 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. Sponsor and Promotion Parties are not liable if any portion of the Promotion (including rewards) 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”).

 

8. Disclaimer: Rewards may not be redeemed for cash and may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Terms and Conditions. Sponsor reserves the right, at its sole discretion (without obligation) to substitute reward with another item of equal or greater value for this Promotion. No exchanges, returns or refunds on rewards are permitted for any reason.

 

No more than the stated number of rewards will be offered or distributed. Once the inventory of rewards has been exhausted, the Promotion will expire and Comments will no longer be accepted or acknowledged.

 

9. Privacy: Please see Sponsor’s privacy policy located at contact.pepsico.com/fritolay/privacy-policy for details of Sponsor’s policy regarding the personal information collected in connection with this Promotion. Additionally, any communication between the participant and Sponsor or Administrator regarding this Promotion (e.g., phone calls, chats, emails, etc.) may be recorded for quality assurance and training purposes. 

 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE OFFER 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. Sponsor: Frito-Lay, Inc., 7701 Legacy Drive, Plano, Texas 75024-4099.

 

© 2024 Frito-Lay North America, Inc.

 

The National Basketball Association and its member teams and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, members, representatives, and employees will have no liability or responsibility for any claim arising in connection with participation in this Promotion or any reward. The NBA Entities have not offered or sponsored this Promotion in any way.

 

The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. Any questions, comments or complaints regarding the Promotion shall be directed to Sponsor and not to Instagram.