Miss Vickie’s® Stroke of Goodness Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of the 50 U.S. & D.C., 18 years of age and older (19+ AL & NE). Void where prohibited by law. Contest entry period begins on or about 12:00 p.m. ET on 4/3/24, and all Submissions must be posted by 11:59:59 a.m. ET on 5/6/24. Subject to full Official Rules, including Submission requirements, judging criteria, and prize details, click here. Sponsor: Frito-Lay, Inc., 7701 Legacy Drive, Plano, Texas, 75024.
Official Rules
- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. ENTRANTS ARE PROVIDING INFORMATION TO SPONSOR (DEFINED BELOW) AND NOT TO INSTAGRAM.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The Miss Vickie’s® Stroke of Goodness Contest (“Contest”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) states or the District of Columbia, and who are at least eighteen (18) years of age or older (at least 19 Alabama and Nebraska) as of time/date of entry. Employees, officers and directors of Frito-Lay, Inc. (“Sponsor”), PepsiCo, Ketchum, Inc., Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, the “Contest Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void where prohibited by law, rule, or regulation. By participating in the Contest, you unconditionally accept and agree to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules, selection of winner, and Sponsor’s exercise of discretion, which will be final and binding in all respects.
- CONTEST PERIOD: The Contest will consist of three (3) phases, as detailed below:
- Contest Entry Period: Begins at or about 12:00 p.m. Eastern Time ("ET") on April 3, 2024 and ends at 11:59:59 a.m. ET on May 6, 2024 ("Entry Period").
- Judging Period: Begins on May 6, 2024 and ends on May 8, 2024 ("Judging Period"), subject to change in Sponsor's sole discretion.
- Winner Announcement: The winner will be announced on or about May 9, 2024 ("Winner Announcement"), subject to change in Sponsor's sole discretion.
The designated computer clock of the Administrator is the official time-keeping device in the Contest.
- HOW TO ENTER THE CONTEST: To participate and enter this Contest, you will need to download the Instagram application from the mobile device’s app store or access Instagram from www.instagram.com and sign up for an Instagram account (“Instagram Account”), if you do not already have one. Creating an Instagram Account is free. By submitting your information and creating an Instagram Account, you will be required to agree to the Instagram terms of service and privacy policy. If you do not agree to Instagram’s terms of service and privacy policy, you cannot create an Instagram Account or enter this Contest via this method. After you have an Instagram Account, log in to your Instagram Account, and become a follower of the @MissVickiesUS Instagram account located at https://www.instagram.com/missvickiesus/ (the “Instagram Website”).
To enter, during the Entry Period, create and post to your Instagram Account an original piece of artwork inspired by Miss Vickie’s, including the hashtags #MissVickiesArt and #Contest, and @ mention @MissVickiesUS (collectively, the “Submission”). To enter, during the Entry Period, be sure you are following Sponsor’s Instagram Account, create a new post to your Instagram Account with the Submission, including @ mention @MissVickiesUS and the hashtags #MissVickiesArt and #Contest. Posts made using the Instagram Story functionality are not eligible for inclusion in this Contest. Sponsor may not receive Submissions that fail to strictly follow the exact instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive a Submission. NOTE: Sponsor may not receive Submissions from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos) due to the way Instagram operates its service. Be sure your account is set to public. Sponsor, at its sole discretion, may accept a technically incorrect unique hashtag term. Submissions not received by Sponsor will not be entered into the Contest. By participating as described above, you are confirming your acceptance of and agreement to these Official Rules.
Limit of five (5) unique Submissions per person and per handle during the entire Entry Period. Subsequent attempts made by the same individual to submit multiple Submissions by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Submissions generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Submissions that are in excess of the stated limit, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Use of any automated system or artificial intelligence to participate is prohibited and will result in disqualification.
By posting a Submission, you agree that your Submission is gratuitous and made without restriction and will not place Sponsor under any obligation. Sponsor reserves the right to, and may or may not, monitor Submissions. Each participant will indemnify and hold harmless, Sponsor and Contest Parties from any claims to the contrary.
You agree that Contest Parties are not responsible for any unauthorized use of Submissions by third parties. You further agree that you will not use the Submission for any other purpose, including, without limitation, posting the Submission to any online social networks, outside of the posting as set forth herein to enter the Contest, without the express consent of Sponsor in each instance. Doing so may result in the forfeiture of your Submission.
By posting a Submission, you represent and warrant that the work submitted is original to you, that the Submission has not been previously published, has not won previous awards and that neither it nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property. If your Submission includes likenesses of third parties, or contains elements not owned by you (such as, but not limited to, company names) you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Submission will be disqualified. Submission may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. By posting a Submission, you warrant and represent that you consent to the posting and use of the Submission in the Contest and to its use as otherwise set forth herein.
REQUIREMENTS OF CONTEST SUBMISSIONS: Sponsor, in its sole discretion, may disqualify any Submission if the Submission does not adhere to all Submission requirements described herein (including the below requirements) and reserves the right to remove any such Submissions. Submissions may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other posted Contest Submissions;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- Violates any law.
By posting a Submission, you acknowledge and agree that Sponsor may receive other Submissions under this Contest that may be similar or identical to the Submission posted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Submission reviewed and/or used by Sponsor may be similar to your Submission and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.
SUBMISSIONS POSTED TO ANY OF SPONSOR’S WEB SITES OR SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS/WORK 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 Contest Submission requirements set forth herein in its reasonable discretion.
Submissions posted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an entrant, Submission will be deemed submitted by the registered account holder of the email address associated with the Instagram Account used to post the Submission, provided that person is eligible. Winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses or the individual associated with the Instagram Account. In the event that a dispute regarding the identity of the individual who posted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. All entrants submitting materials/content as part of the Contest will be non-exclusively licensing (with the unlimited right to sublicense) to Contest Parties the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations.
- OWNERSHIP OF ENTRIES: By posting a Submission, you agree to be bound by these Official Rules and grant Sponsor a non-exclusive, fully paid-up, and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and translate your Submission, including without limitation the right to distribute all or part of your Submission in any media formats through any media channels. By posting a Submission, you consent to the use, by Sponsor, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Contest and Sponsor’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked. For uses beyond the consent that you grant above, you agree that Sponsor’s use of your personal data will be governed by the Privacy Policy posted on the Sponsor’s website.
- JUDGING: During the Judging Period, a panel of qualified judges, selected by the Sponsor in its sole discretion, will score each Submission up to the maximum number of points allowed. Judging will be based on the following criteria:
- Connection to Miss Vickie’s brand aesthetic: 50%
- Originality: 25%
- Creativity: 25%
Submissions that do not contain all required information or are considered inappropriate for any reason are not eligible. Ineligible Submissions will not be judged. The one (1) Submission with the highest score from the Judges will be deemed the potential winner. In the event of a tie between 2 or more Submissions, the tie will be broken by comparing the scores for Connection to Miss Vickie’s brand aesthetic. If a tie remains, the tie will be broken by comparing the scores for Originality. In the unlikely event that a tie still remains, an additional “tie-breaking” judge be brought in to evaluate the tied Submissions, based on the Judging Criteria above. Sponsor reserves the right not to award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Prize award is subject to verification of eligibility and compliance with these Official Rules.
- WINNER NOTIFICATION/PRIZE CLAIMING: The potential winner will be notified through a direct message on Instagram in a commercially reasonable time after the selection of the potential winner. The Contest Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending direct message on Instagram. Potential winner has 24 hours to respond to the initial direct message and provide email address so that potential prizing coordination can proceed. As part of the winner notification process, the potential winner will be required to complete and submit a prize redemption form (“Redemption Form”) and a declaration of eligibility/release of liability/prize acceptance agreement (“Declaration”), within three (3) days of date of notification, as a condition of receiving the prize. If the potential winner fails or refuses to sign and return the Redemption Form and Declaration within the required time period or if the Redemption Form or Declaration is returned as rejected, faulty, unclaimed or returned as undeliverable to potential winner, and/or the potential winner is otherwise noncompliant, the potential winner will be disqualified and the Submission with the next-highest score will be deemed the potential winner. Potential winner becomes a “winner” only after verification of eligibility by Sponsor. P.O. Boxes are not permitted. The Contest Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s social media, email, or other account to receive messages.
No more than one (1) prize will be awarded. If, for any reason, more bona fide winners come forward seeking to claim the prize, the winner of the advertised prize will be determined as the person who posted the Submission that received the highest Judges’ score. Score evaluation shall be each entrant’s sole and exclusive remedy under such circumstances. The Contest Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner.
- PRIZE/PRIZE RESTRICTIONS: There will be one (1) prize awarded in this Contest.
ONE (1) PRIZE: The prize is the opportunity for the winner’s artwork to be featured on a Miss Vickie’s billboard in a major US city. The prize has no retail value, and winner understands that no other prizing or compensation is included.
Prize is non-transferable, with no substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with a prize, the Sponsor may elect to award an alternate prize of comparable or greater value. Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize, if legitimately claimed, will be awarded. Sponsor or its designee will coordinate with the winner the location and dates of the billboard.
- GENERAL: Subject to applicable law, winner hereby expressly grants to the Contest Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Contest (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning entrant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Contest Parties do not assume any responsibility for any disruption in the Contest, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Contest Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the Submission process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- CONDUCT: The Contest Parties are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. The Contest Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Contest, or to be acting in any manner deemed by the Contest Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Contest Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- WAIVERS AND DISCLAIMERS: The Contest Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, social notifications, or emails; (b) any incorrect or inaccurate Submission information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Contest; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Contest-related materials; or (f) any injury or damage to entrants or to any other person's computer which may be related to or resulting from any attempt to participate in the Contest. If, for any reason, the Contest (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then the Contest Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. If terminated, the Contest Parties will award the prizes from among all non-suspect, eligible entries received for the Contest up to the time of such action.
- RELEASES: All entrants, as a condition of participation in this Contest, agree to release, discharge, indemnify and hold harmless the Contest Parties, Instagram, their parent, subsidiary and affiliated companies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Contest (including travel to/from any Contest activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) entrant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of Texas, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in the State of Texas. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Texas. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. This Contest 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.
- SUBMISSION INFORMATION AND CONTEST COMMUNICATIONS: As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s list. By participating in the Contest, entrant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://contact.pepsico.com/fritolay/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Redemption Form or Declaration is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules, Redemption Form, or Declaration will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
- WINNER LIST: To receive a listing of the name of the winner, send a #10 self-addressed, stamped envelope for receipt by July 9, 2024, to: Miss Vickie’s Stroke of Goodness Contest - Winner List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.
- SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, Texas, 75024. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or Contest.
- ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100,
West Conshohocken, PA 19428; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf.