Re: DORITOS Flamin' Hot Sweepstakes
5. RELEASE:
BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ADMINISTRATOR, OTHER PROMOTION ENTITIES AND THEIR PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, AND/OR OTHER PARTICIPATION IN THIS PROMOTION (IN WHOLE OR IN PART). To the fullest extent permitted by law, participants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision. If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if executed without the offending provision appearing therein.
6. PUBLICITY:
Except where prohibited, acceptance of any prize constitutes winner's consent to Sponsor’s (and its authorized representatives) use of winner's name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media now known or hereinafter developed, worldwide, without prior approval, review, further payment or consideration.
7. GENERAL RULES:
Sponsor, Kroger, Administrator and all other Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by Website users, human error, tampering, hacking or by any of the equipment, software or programming associated with or utilized in the Promotion, or any element thereof, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft, loss or destruction of Game Plays/entries, nor for the failure to collect, track or acknowledge Game Plays/entries. Further, Sponsor, Kroger, Administrator and all other Promotion Entities are not responsible for injury or damage to participants' or to any other person's computer/device related to or resulting from downloading materials from or use of the Website. If, for any reason, the Promotion or any element thereof (in whole or in part) in the sole opinion of Sponsor, Kroger or Administrator, is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, human or technological error, force majeure, fraud, cheating, technical failures, or any other causes similar or dissimilar which Sponsor, in its absolute opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof (in whole or in part), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or Game Play or any element thereof, and to randomly award any remaining prizes from among all non-suspect, eligible participants as of the date/time such action os taken in a manner deemed by Sponsor in its absolute discretion to be fair. Notice of such action by Sponsor will be posted on the Website. Sponsor, Kroger, Administrator and all other Promotion Entities are not responsible for any typographical, human, technological or other errors in the printing of promotional materials, administration of the Promotion or any element thereof, or in the announcement or notifications of prizes/prize winners. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, communications or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Federal, State and local taxes applicable to any prize, if any, are the responsibility of the winners. Failure to timely return or properly complete release documents (if required for prize claim), or if a potential winner is non-compliant or found to be ineligible, at any time, it will result in prize forfeiture. All forfeited prizes will revert to Sponsor’s ownership.
8. DISPUTE RESOLUTION/CHOICE OF LAW/JURISIDICTION:
Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the appropriate courts in Hamilton County, Ohio and expressly agree and consent to the subject matter and personal jurisdiction of such courts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) to the extent allowed by applicable law, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and hereby waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participant, Sponsor, Kroger and/or Administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the state of Ohio without regard to conflicts of law principles (whether of Ohio or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Ohio.
9. ENTRANT'S PERSONAL INFORMATION:
Information collected from entrants is subject to Kroger’s Privacy Policy available at:
www.Kroger.com/topic/privacy-policy. Sponsor’s use of participant’s personal information is subject to the Sponsor’s privacy policy, located at
http://www.fritolay.com/legal/privacy-policy.htm.
10. ADMINISTRATOR:
YOU Technology, LLC, 1000 Marina Boulevard, Suite 300, Brisbane, CA 94005.
11. SPONSOR:
Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024-4099.
