STACY’S® STANDS WITH YOU BAG DESIGN CONTEST OFFICIAL RULES
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES OR PUERTO RICO AT THE TIME OF ENTRY.
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, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Stacy’s Stands With You Bag Design Contest (“Contest”) is open only to legal residents of any of the 50 United States and the District of Columbia, who are 13 years of age or older at the time of entry. The following persons are not eligible to participate: Employees, contractors, directors, and officers of Frito-Lay, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Promotion Parties”) 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 Contest).
2. CONTEST TIMING: Contest submissions must be received between 12:00:00 p.m. (noon) Central Time (“CT”) on March 10, 2017 and 11:59:59 p.m. CT on March 15, 2017 (“Contest Entry Period”).
3. TO ENTER: During the Contest Entry Period, the Sponsor invites participants to submit their ideas for a potential bag design of Stacy’s® Pita Chips. During the entry process, participants will be required to submit the following:
- (A) Your Original Photo of the Bag Design. Acceptable formats: .png or .jpg. Limit one (1) photo per submission;
- (B) Participant’s contact information, which may include first and last name, email address, birthdate and zip code (altogether, the “Entry”).
- Entries must be in English; however, they may include one or more familiar foreign words that have attained general acceptance and are commonly understood in the U.S.
All Entries must be received and recorded within the Contest Entry Period. The Sponsor's computer is the official timekeeping device for this Contest. You may enter as many different Entries into the Contest as you like, as long as each Entry is substantially different from previous Entries. If Sponsor determines, in its sole discretion, that a participant has submitted two (2) or more Entries that are not substantially different from each other, the participant and/or the duplicative Entries may be disqualified.
Participants may submit their Entry in any of the following manners:
(A) Website: Visit www.stacysstandswithyou.com (“Web Site”) and follow the online instructions to complete and submit your Entry.
From time to time during the Contest, Sponsor may feature certain Entries on a Web Site and/or on Sponsor’s social media channels, in Sponsor's sole discretion. Being selected as a featured Entry is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest nor does it entitle the featured participants to any compensation.
All participants must have a valid email address. All Entries become the sole property of the Sponsor and will not be acknowledged or returned. In the event of an identity dispute, the Entry will be considered made by the registered owner of the email address used for the Entry. “Registered owner” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
Each submission must be manually key stroked and/or manually entered by the individual participant; 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 these or related email addresses/IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of Entries, is prohibited and such persons will be disqualified and all Entries shall be deemed ineligible.
4. ENTRY GUIDELINES: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor 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 to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries.
By entering, you acknowledge that your Entry may be posted on the Web Site, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize 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. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible, in Sponsor’s sole discretion.
By submitting an Entry you warrant and represent that: (a) you have read or have had these Official Rules read to you and you are in agreement with these Official Rules; (b) the Entry (including the inspiration/description elements) is your original work, (c) the Entry has not been previously published, (d) the Entry has not received previous awards; (e) the Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (f) that you have obtained permission from any person whose name, likeness or image is used in your Entry; and (g) publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights.
Any such participant will indemnify and hold Sponsor and Promotion Parties harmless from any claims to the contrary. Any participant whose work includes likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of buildings, trademarks or logos) 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 naming a Finalist.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) must comply with these Official Rules; (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, 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, 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, or contain any personal identification, such as license plate numbers, personal names, e-mail 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; (i) cannot contain background artwork, unless it is an original work of the participant; (j) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission; (k) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes 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 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 Entry requirements set forth herein in its reasonable discretion.
5. CONTEST JUDGING: Entries (as described in Section 3) will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged on the following criteria:
- 50% Inspirational creative (Non-partisan) that is sharable
- 30% Connection to Women’s History Month
- Ties into Women’s History Month by showcasing women, or tying into inspiration from women in the past
- 20% Simple, powerful messaging
The top two (2) participants will be deemed “Finalists” upon successful completion of required documents as stated in Section 9. In case of a tie for a Finalist position, tied Entries will be broken by cumulative points awarded for “inspirational creative (non-partisan)”. If a tie continues, then tie(s) will be broken by the Entry with the highest cumulative point score for “inspirational creative (non-partisan)”, continuing thereafter to “connection to Women’s History Month” until the tie is broken. Finalists will be announced on or around March 31, 2017. Sponsor may ask Finalists to participate in interviews, videos and/or other promotional activities related to the Contest. Such participation is voluntary, and Finalists will not receive additional compensation for such participation.
6. FINALIST BAGS: The two (2) Finalist Bags will be developed and produced as a limited time offering by Sponsor and offered on the Web Site beginning on or around March 31, 2017. The Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed design). Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics detail for each Finalist Bag remains Sponsor’s proprietary information. Finalists shall not be entitled to access any of Sponsor’s proprietary information except to the extent Sponsor elects to share such information, and Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the Finalist, as determined solely by Sponsor. Sponsor is not responsible for any uneven distribution and/or production of the Finalist Bags. It is at the Sponsor’s sole discretion how much involvement or say the Finalists will have (if any) in the product development and/or production process and/or the creation or planning any related promotional materials for his/her Finalist Bag. Sponsor reserves the right to launch and/or re-launch any or all of the Entries and/or Finalist Bags at any time during and/or after the Contest.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant'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 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 Contest: Hardware or software errors; faulty computer, cable, satellite, network, electronic, 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 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 and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of Entries, the judging of Entries, the announcement of the Finalists or in any Contest-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 video equipment resulting from participation in the Contest.
By participating in the Contest, participants (and their parent(s)/legal guardian(s) if participants are minors) agree (a) to release Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such participant's participation in the Contest, including any claim that any future Sponsor product (Stacy’s brand or otherwise) is similar to, based upon, or infringes on the participant’s Entry; (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 Contest, 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 entering, recipient (and recipient’s parent or legal guardian if recipient is a minor) (a) agrees that Sponsor and Promotion Parties, participating retailers, 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 Contest; and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) 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 Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
8. GENERAL CONDITIONS: 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 Winners from among all eligible Entries received up to time of such action using the judging procedures outlined herein. This Contest is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’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, participants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN PARTICIPANT, 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 RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. FINALIST NOTIFICATION: Potential Finalists will be notified by mail, phone and/or email on or about March 31, 2017. Sponsor is not responsible for any change in participant's email, mailing address and/or telephone number. Finalists (or his/her parent or legal guardian, if a minor in his/her state of residence) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within ten (10) days of notification. If attempted notification is returned as undeliverable or not responded to within the allotted time; if a potential Finalist cannot be verified; if a potential Finalist is otherwise disqualified Finalist may be forfeited. As stated in these Official Rules, the top two (2) potential Finalists will be named “Finalists” upon successful completion and return of all required documents. The Affidavit of Eligibility/Liability Release, and where lawful, Publicity Release shall cover all instances of a potential Finalist being named a Finalist. Should a potential Finalist be disqualified for any reason, the next Entry with the next highest score shall move up to a Finalist position.
To the extent permissible by law, Sponsor reserves the right to ask a potential Finalist to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. By entering, 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 whole or in part, 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.
10. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2017 Frito-Lay North America, Inc.