RUFFLES® ANTHONY DAVIS SWAG (“SWEEPSTAKES”) OFFICIAL RULES
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 ONE OF THE 48 CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
RUFFLES® ANTHONY DAVIS SWAG (“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 IN ALASKA, HAWAII AND 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 any of the 48 contiguous United States or the District of Columbia who are 18 years of age or older 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”), 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 Sweepstakes (collectively, “Promotion Parties”), NBA Properties, Inc., the 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: Sweepstakes begins at 12:00:00 a.m. Central Time (“CT”) on October 14, 2020 and ends at 11:59:59 p.m. CT on October 28, 2020 (“Sweepstakes Period”).
3. TO ENTER: Like Ruffles post on Instagram, @Ruffles and tell us who you think is Anthony Davis’ biggest fan with #RufflesSweepstakesEntry (“Entry”) to receive one (1) entry into the Sweepstakes. No photos or videos allowed. Entries will not be judged. Winner is selected via random drawing. See Rule #4 below. Limit one (1) entry per person.
You must have an Instagram account to enter the Sweepstakes. There is no charge to sign up for Instagram. If you do not have an Instagram account, follow the onscreen instructions to register for a free Instagram account at http://Instagram.com (“Web Site”).
All Entries must be received and recorded during the Sweepstakes Period. The hashtag #RufflesSweepstakesEntry and @Ruffles all must be included in your comment for your Entry to be considered valid.
Your setting must be set to “unprotected” and/or “public” in order for your comment to be viewable by Sponsor and its agents. Only comments that are viewable by Sponsor and its agents will be considered an Entry.
The one (1) person submitting the Entry under their Instagram account will be considered the entrant and only the entrant is eligible to win a prize. No joint or team Entries will be accepted. Sponsor is not liable for any disputes arising from or related to the Sweepstakes in this regard.
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.
Incomplete, illegible, deceptive or garbled Entries are not eligible. Entries must not contain inappropriate material as determined by Sponsor, in its sole discretion. Entries must comply with these Official Rules and/or the Instagram Rules and Policies at https://www.instagram.com/legal/terms/. In the event of a conflict between the Sweepstakes Official Rules and Instagram Rules and Policies, the Sweepstakes Official Rules shall govern.
The potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the Instagram account associated with the winning Entry and/or an eligible entrant. Entrants may not register/enter with multiple Instagram accounts nor may entrants use any other device or artifice to register/enter under multiple identities.
4. RANDOM DRAWING: Three (3) potential winners will be selected in a random drawing to be held on or about October 30, 2020 from among all eligible Entries received by an independent judging organization whose decisions shall be final. Odds of winning depend upon the number of eligible Entries received.
5. PRIZE DETAILS: First Prize (1): One winner will receive one (1) basketball jersey autographed by Anthony Davis. Approximate Retail Value (“ARV”): $550.00
Second Prize (2): Each winner will recieve one (1) basketball autographed by Anthony Davis. ARV: $500.00
6. WINNER NOTIFICATION: Potential winner will be notified by Sponsor or Sponsor’s agency via Instagram direct message. Sponsor or Sponsor’s agency will request potential winner’s contact information (including email address, phone number, mailing address and date of birth). Potential winner must provide the requested information within twenty-four (24) hours or prize may be forfeited. Upon timely receipt of contact information, potential winner will be contacted by Sponsor’s agency via phone call and/or email. The prize and area restrictions will be described to winner and winner will be required to verbally accept the prize within twenty-four (24) hours. Verbal acceptance of prize shall mean winner understands all prize and delivery conditions.Upon verbal acceptance of prize, the potential winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release via email, fax, and/or overnight mail within twenty-four (24) hours of prize acceptance.
Prize won by an eligible entrant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian who must sign and return all required documents. Potential winner must have a public profile on their Instagram account used to enter in order to receive the notification or prize will be forfeited. Sponsor is not responsible for any change in entrant's Instagram account and email address, mailing address and/or telephone number (after he/she has provided such information).
If attempted notification or prize is returned as undeliverable, if winner cannot be verified or if winner is otherwise unable to accept the prize as stated, if winner does not respond to the prize notifications as described above and within the above-stated time periods, if required documents are not returned within the above-stated time period or if winner is otherwise disqualified, prize may be forfeited.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion 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 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 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 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 Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; 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 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 processing of Entries, the announcement of the prize or in any Sweepstakes-related materials. Use of Web Site 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 OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
8. RELEASE OF LIABILITY: By participating in the Sweepstakes, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree (a) to release Sponsor, Promotion Parties, Instagram, Inc., Anthony Davis and the NBA Entities from any and all claims, damages or liabilities arising from or relating to such entrant's participation 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, recipient (and his/her parent/legal guardian if recipient is a minor) (a) agrees that Sponsor, the Promotion Parties, Instagram, Inc., 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 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 and those acting under Sponsor’s authority, and the NBA Entities and each of their respective designees the right to use his/her 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 in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
9. 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 the 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 an independent judging agency. This Sweepstakes is offered only in 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 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 http://www.fritolay.com/legal/privacy-policy.htm for details of our 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. direct messages, phone calls, text messages, chats, emails, 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 VANDALIZE A WEB SITE 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 winners, email rufflessocialchannels@gmail.com by September 4, 2020.
11. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
All snack-related trademarks are owned by Frito-Lay North America, Inc. © 2018.
This sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
This sweepstakes is not sponsored or administered by Anthony Davis, NBA Properties, Inc., the National Basketball Association (the “NBA”), and/or the NBA member teams.