THIS CONTEST IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
I AM CRACKER JILL® CONTEST (“CONTEST”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE ADMINISTRATOR (DEFINED BELOW), WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Contest is open only to legal U.S. residents residing in one of the fifty (50) United States or the District of Columbia who are female and fifteen (15) to twenty-four (24) years old at the time of entry. Void 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 Contest (collectively, “Contest 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).
For Minors: For the purposes of this Contest, a minor is defined as an entrant who is under the age of majority in their state of residence (which is eighteen (18) in most states, but nineteen (19) in Alabama and Nebraska) (a “Minor”). Minors must obtain consent from their parent or legal guardian to be eligible to enter the Contest. Such consent occurs when the parent or legal guardian of an eligible Minor grants permission for the Minor to participate in the Contest and agrees to these Official Rules on behalf of himself or herself and the Minor. Minors are required to provide parent or legal guardian’s contact information at the time of registering for the Contest.
2. CONTEST PERIOD: The Contest begins on March 28, 2023 at 9:00:00 a.m. Eastern Time (“ET”) and ends on May 16, 2023 at 11:59:59 p.m. ET (“Contest Period”). The time clock of the computer administering this Contest is the official clock for this Contest.
3. TO ENTER: During the Contest Period, visit CrackerJill.com (the “Website”) and complete and properly submit the registration form and questionnaire (the “Entry”) according to these Official Rules and any additional guidelines as stated at the Website. Entries will be judged. See Sections 5 and 7 for Judging Criteria.
By submitting an Entry, entrant agrees that it conforms to these Official Rules and the “Entry Guidelines” specified below and in Section 4 and that Sponsor may disqualify entrant from the Contest if it believes, in its sole discretion, that the Entry fails to conform to such guidelines. Entries that are not in accordance with the Entry Guidelines and the Official Rules will be ineligible.
- Entries must be in English.
- Entries must contain truthful and pertinent information.
- Entrants’ answers for the questionnaire should contain thoughtful responses; more than one-word answers to open-ended questions are encouraged.
- All Entries must be received during the Contest Period.
Limit one (1) Entry per person during the Contest Period.
All entrants must have a valid email address (or in the case of a Minor, Minor may use their parent or legal guardian’s email address). A potential Semi-Finalist may be requested to provide Sponsor with proof that they or their parent are the authorized account holder of the email address associated with a winning entry and/or an eligible entrant. Each submission must be manually key stroked and/or 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 these or related email addresses/IP addresses may be blocked. If it is discovered that an entrant used multiple names, email addresses, phone numbers and/or mailing addresses, and/or manipulated such information, for the purpose of obtaining more than one (1) entry, such person will be disqualified and all of their Entries will be deemed invalid and any prize won by such person shall be forfeited and returned if previously awarded.
Incomplete, deceptive or garbled Entries are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability review or record an Entry.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, OTHER WEBSITES OWNED OR CONTROLLED BY SPONSOR OR SPONSOR’S SOCIAL MEDIA ASSETS, AT SPONSOR’S DISCRETION. Having your Entry featured is unrelated to the judging and does not guarantee selection as a winner in the Contest nor does it entitle the entrant(s) responsible for the featured Entries to any compensation or prize.
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 and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose without notice or compensation to entrant (or entrant’s heirs or successors) of any kind. Entries that are not in accordance with these Official Rules or are not received during the Contest Period will be ineligible.
4. ENTRY GUIDELINES: By submitting an Entry, you agree that your Entry 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 Entry, 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. You acknowledge that other entrants may have used ideas and/or concepts in their Entry that may be similar in idea or concept to what is included in your Entry. You understand and agree that you shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. By submitting an Entry you warrant and represent that it: (i) is your original work, (ii) has not been previously published; (iii) has not been entered in or won previous PepsiCo contests or awards; (iv) and that you have received permission for the use of the image/likeness of any and all identifiable persons who are included in your Entry and it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (v) that you have obtained permission from any person whose name or image is included in your Entry; and (vi) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Each entrant will indemnify and hold harmless, Sponsor and the Contest Parties from any claims to the contrary. Any Entry which includes likenesses of third parties or contains elements not owned by the entrant is subject to entrant or Sponsor obtaining all required legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to the Sponsor, prior to awarding of the prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (i) Must comply with these Official Rules; (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, the Contest Parties, their respective customers or their products, or other people, products or companies; (vii) 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; (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 materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant without permission; (x) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and/or the Contest Parties wish to associate; and (xi) 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: Frito-Lay North America, Inc., Attention: Trademarks, 7701 Legacy Drive, Plano, TX 75024. By Email: email@example.com. Your notice of claimed infringement must include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (v) 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 (vi) 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 DMCA, 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 SPONSOR’S ASSETS (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT 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 entrants. Sponsor reserves the right to waive the entry requirements set forth herein in its sole discretion.
5. FIRST ROUND OF CONTEST JUDGING-TO DETERMINE TWENTY (20) SEMI-FINALISTS: Entries will be judged by Sponsor and/or Sponsor’s agency(ies) or partners (the “Panel”), based on the following judging criteria (“Round 1 Judging Criteria”):
- Relevance to Contest theme – young aspiring, accomplished female athlete (30%)
- Perseverance/Inspiring Story (30%)
- Leadership (20%)
- Impact of Award (20%)
The top twenty (20) Entries receiving the highest cumulative scores (ranked 1 through 20) awarded by the Panel will be deemed a “Semi-Finalist” and advance to a Second Round of Judging following the execution of Sponsor’s required documents including submission of a Video (defined below). See Section 6. If there are fewer than twenty (20) eligible Entries, Sponsor reserves the right to proceed with the Contest with less than twenty (20) Semi-Finalists. In the case of a tie, tied Entries will be broken by cumulative points awarded for “Relevance to Contest theme”. If the tie continues, then tie(s) will be broken by the Entry with highest cumulative point score in the second criterion, continuing thereafter to the next criteria until the tie is broken. Semi-Finalists will be determined and notified on or around May 22, 2023.
6. NOTIFICATION TO SEMI-FINALISTS/FINALISTS/GRAND PRIZE WINNER: Potential Semi-Finalists will be notified by email at the email used at the time of entry and will be required to respond to the notification (as stated within the notification) within seventy-two (72) hours to secure their Semi-Finalist position and receive further instructions on how to proceed with the Contest next steps. The potential Semi-Finalists (if a Minor, their parent or legal guardian) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a Publicity Release within seventy-two (72) hours beginning at the time the Administrator emails such documents. Failure to return the documents within the specified time may result in disqualification and/or prize forfeiture and Sponsor reserves the right to select an alternate Semi-Finalist based on their judging score (i.e., the next highest ranked Entry). If the Contest notification or a prize is returned as undeliverable, if a potential Semi-Finalist, Finalist or Grand Prize winner does not respond to a Contest notification (as instructed within the notification), if a potential Semi-Finalist, Finalist or Grand Prize winner cannot be verified as eligible at any time during the Contest and for the Finalists and Grand Prize winner, up to the time prizes are awarded, their potential position in the Contest may be invalidated, as determined by Sponsor, in Sponsor’s sole discretion. A Finalist or Grand Prize winner may hereinafter be referred to as a “Winner”. If a Winner is not able to accept their prize as stated, prize may be forfeited. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given. Prizes will only be awarded to confirmed Winners residing within the United States. Prizes will be shipped within eight (8) weeks of Winner verification.
The documents provided to Semi-Finalists may apply to such individual’s potential future status as a Finalist or the Grand Prize Winner. Finalists and Grand Prize Winners (if a Minor, their parent or legal guardian) will be required to complete and return an IRS Form W-9 (including their social security number) to Administrator. For clarity, in the case of a Minor, the IRS Form W-9 must contain Minor’s parent or legal guardian’s information (including their social security number) as the prize will be awarded in the name of the Minor Winner’s parent or legal guardian. Additionally, Sponsor reserves the right to require the execution of additional waivers or releases from individuals selected as a Semi-Finalists and any individuals appearing in their Videos.
The Grand Prize Winner and Finalists (see Section 7 below) shall be named the “2023 Cracker Jill® Team” in which they may be requested to participate in interviews, videos, photo shoots and other promotional activities related to the Contest (“Contest Content”). Grand Prize Winner and Finalists will not receive compensation for participation in these activities. NOTE: At any time during Contest-related promotional activity, should the Grand Prize Winner or Finalist change their mind and wish not to further participate, and/or (in the case of the Grand Prize Winner) conclude that she does not want their likeness to appear on Cracker Jill® Bags, the Sponsor shall have no further obligation to the Finalist or Grand Prize Winner, prize shall be forfeited, and an alternate Finalist or Grand Prize winner (as applicable) shall be determined by means of judging as described herein.
By accepting a Semi-Finalist position, each Semi-Finalist (if a Minor, their parent or legal guardian) agrees that her Entry and Video Content (and in the case of the Finalists and Grand Prize Winner), any Contest Content 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 Semi-Finalist irrevocably assigns and transfers to Sponsor all of her right, title and interest in and to her Contest Content, including all but not limited to all copyright and trademark rights which she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Semi-Finalist 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 a Semi-Finalist may now or later have to her Contest Content. Sponsor reserves the right to alter, change or modify the Contest Content, in its sole discretion. Sponsor shall have the unlimited right and permission to use, modify, edit, distribute, publish, reproduce, display, exhibit, create derivative works of or to otherwise transmit the Contest Content, in any media, including digital, electronic, print, television, film and any other media now known or hereafter devised, for the purpose of trade, advertising and promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation to the entrant or to any other party, except where prohibited by law. Upon request of Sponsor, a Semi-Finalist (if a Minor, their parent or legal guardian) 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 Contest Content 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.
7. SECOND ROUND OF CONTEST JUDGING-TO DETERMINE EIGHT (8) FINALISTS AND ONE (1) GRAND PRIZE WINNER: The Semi-Finalists will be asked to submit a video answering a series of questions (as determined by Sponsor, in Sponsor’s sole opinion) (the “Video”). Video format, length, questions to be answered and other instructions will be provided to Semi-Finalists at the time of notifying such individuals of their potential Semi-Finalist status. Videos must comply with all Entry Guidelines as stated in Section 4. Videos must be properly submitted to Sponsor by 11:59:59 p.m. ET on May 29, 2023. Videos will be judged by the Panel based on the following judging criteria (“Round 2 Judging Criteria”):
- Ability to tell their story in a clear and compelling way to inspire other female athletes (40%)
- Relevance to Contest theme (as described above) (20%)
- Perseverance/Inspiring Story (20%)
- Leadership (20%)
The Semi-Finalist’s Video receiving the highest cumulative score (ranked #1) awarded by the Panel will be deemed the “Grand Prize Winner”. The Semi-Finalists’ Videos receiving the next highest cumulative scores, ranking 2 through 9, will be deemed the “Finalists”. In the case of a tie, tied Semi-Finalist’s Videos will be re-judged by a new Panel to break the tie.
If Sponsor so elects, the Semi-Finalists may be required to submit to a confidential background check to help ensure that their declared status in the Contest will not pose a safety threat or, in the Sponsor’s sole discretion, bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. Sponsor reserves the right to disqualify the Semi-Finalist based on the results of her background check. If requested, the Semi-Finalists (and the Grand Prize Winner’s guest) agree to sign waiver forms authorizing the release of personal and background information. Failure to provide such waiver forms will result in disqualification and Sponsor reserves the right to select an alternate Semi-Finalist.
The Grand Prize Winner and Finalists will be determined and notified on or around June 5, 2023.
8. PRIZE DETAILS:
Grand Prize (1): The Grand Prize Winner will receive a trip to the Women’s Sports Foundation 2023 Annual Salute to Women in Sports. (“Trip”); opportunity for their name and likeness featured on a new Cracker Jill® bag (the “Bag Feature”); and a $5,000.00 award. The Trip consists of round-trip coach air transportation for Winner and Winner’s one (1) guest to New York, NY; two (2) nights standard double-occupancy (one room) hotel accommodations; and two (2) reserved seats at the Annual Salute; and $500.00 which may be used towards meals and ground transportation while on the Trip. Winner will also receive $8,000.00 which may be used towards any tax liability associated with the Grand Prize. Travel dates: October 11, 2023 to October 13, 2023. See below for Trip and Bag Feature conditions and additional information regarding cash prizes. Approximate Retail Value (“ARV”): $21,600.00.
Finalist Prize (8): Each Finalist will receive a $5,000.00 award and $3,000.00 which may be used towards any tax liability associated with the Finalist Prize. See below for additional information regarding cash prizes. ARV: $8,000.00.
All cash prizes mentioned herein shall be awarded in the form of a check, payable to Winner or Winner’s parent or legal guardian if Winner is a Minor. It is suggested that the Winner (if a Minor, their parent or legal guardian) consult their tax advisor prior to accepting a prize and executing an Affidavit of Eligibility to ensure any tax implications that may affect the Winner (if a Minor, their parent or legal guardian) are understood.
Grand Prize “Trip” Conditions: Ground transportation (other than as stated above), upgrades, meals, gratuities, souvenirs, luggage fees, and all other expenses not specified herein are solely the Winner’s responsibility. A Minor may accompany Winner as a guest only if Minor’s parent or legal guardian is the Winner. If Winner is a Minor, the Minor Winner’s parent or legal guardian must accompany the Minor as the guest. Minor must be accompanied at all times during the trip by Minor’s parent or legal guardian. 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. Once the guest is selected, she may not be substituted, except in Sponsor's sole and absolute discretion. Travel and accommodations are subject to availability and change. If Winner is unable or unwilling to travel on the specified dates, the prize may be forfeited and awarded to an alternate Winner. All travel and prize-related events subject to availability and restrictions. Selection of airport, airline and hotel is at Sponsor’s sole discretion. If Winner resides within 250 miles of New York, NY, ground transportation may be provided in lieu of air transportation. 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 Annual Salute event) 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. Seating assignments at the event and on plane are in Sponsor’s sole discretion. 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 is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. Winner and guest must travel on same itinerary. Winner and guest must have all necessary identification and/or travel documents (e.g. Real ID or passport) required for travel within the United States. Winner is responsible for any loss of prize or portion of any prize after it has been delivered. An unclaimed and/or unused prize element will remain the property of Sponsor. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Winner must accept prize as stated by Sponsor or prize may be forfeited.
Winner and guest irrevocably waive all claims against the Sponsor and the Contest Parties agree that the Sponsor and the Contest Parties will have no liability or responsibility for any claim arising in connection with participation in this Contest, the prizes awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of participant’s participation in the Contest and related prize activities, wherever, whenever or however the same may occur. Winner and guest must abide by all venue, federal, state and local COVID-19 guidelines while attending the prize event. Winner and guest fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including any protocols that will be implemented from time to time by the Contest Parties, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
Grand Prize “Bag Feature” Conditions: Grand Prize Winner (if a Minor, their parent or legal guardian) acknowledges and agrees that they are not entitled to any revenue generated from any such sales of Cracker Jill® Bags. Cracker Jill® Bags will be developed and produced as a limited time offering by Sponsor on a date determined by Sponsor, in Sponsor’s sole discretion. The Sponsor reserves the right to modify Grand Prize Winner’s photograph to appear on the Cracker Jill® Bags. Sales and distribution of the Cracker Jill® Bags by participating retailers cannot be guaranteed by the Sponsor. It is at the Sponsor’s sole discretion how much involvement or say the Grand Prize Winner (if a Minor, their parent or legal guardian) will have (if any) in the development and/or production process and/or the creation or planning of the package design and/or any related promotional materials featuring the Grand Prize Winner. In the event, the opportunity for the “Bag Feature” portion of the prize is cancelled, for any reason, no compensation will be provided to Grand Prize Winner.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from entrant's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest or for suspended or discontinued Internet or wireless service or a change in an entrant’s email address which may result in an undelivered Contest notification or any undelivered emails, including without limitation, emails that are not received because of an entrant’s privacy or spam filter settings which may divert any Contest email to a spam or junk folder. No responsibility or liability is assumed by Sponsor or Contest 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, telephone, cable, satellite, network, wireless, 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 Website in whole or in part for any reason; traffic congestion on the Internet or Website 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 Contest 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, judging of Entries, the announcement of the prizes or in any Contest-related materials. Use of Website is at user’s own risk. Sponsor and Contest 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 Contest. 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 CONTEST PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
10. RELEASE OF LIABILITY: By participating in the Contest, entrants (or their parent or legal guardians, if a Minor) agree (i) to release Sponsor and the Contest Parties, and each of their respective officers, directors, employees and other agents from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest; (ii) 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; (iii) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (iv) 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 prize, Winners (and their parent or legal guardian, if a Minor) (i) agree that Sponsor, the Contest Parties, 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; from acceptance, possession, use or misuse of any prize, including travel thereto and (ii) grant (and agree 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 their name, photograph, likeness, voice, image, statements, biographical information, Entry and/or Contest Content (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 Contest Parties are not liable in the event that any portion of the Contest (including any prize) is compromised, modified or canceled due to pandemics or epidemics (including COVID-19), 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”).
11. GENERAL CONDITIONS: If a Winner is a Minor, prize may be awarded to Minor’s parent or legal guardian who shall be responsible for the execution of all required documents related to the Contest, including any and all responsibility for paying applicable taxes associated with winning a prize. Winners (if a Minor, their parent or legal guardian) are solely responsible for any taxes on their prize, if any. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right to (i) cancel, suspend and/or modify the Contest, or any part of it, and (ii) disqualify any individual who is responsible for such action. Additionally, if any individual is found to be acting in any manner deemed by Sponsor or its designees to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person, such person will be disqualified from the Contest and Sponsor shall have no further obligation to such person, regardless of their Contest position. If the Contest is terminated, Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to the time of such action in a manner as determined by the Administrator. This Contest is offered only in the United States and the District of Columbia and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE 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.
12. WINNERS’ LIST: For the names of the Winners, send a self-addressed, stamped envelope to be received by July 7, 2023 to: I am Cracker Jill Contest Winner’s List, c/o GSE, PO Box 130, Dept. 23-8105-04, Glencoe, MN 55336-0130.
13. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024.
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