5. 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 Promotion or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by the 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 Promotion: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet or wireless 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 Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of the Web Site used in connection with the Promotion. Sponsor and Promotion Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules or any inaccurate or incorrect data contained on the Web Site. 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 equipment or mobile device resulting from participation in the Promotion. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
6. WINNER NOTIFICATION:
Prizes won by an eligible participant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian who must sign and return all required documents, if any. Potential winners will be notified instantly with a prize-winning message (subject to verification and compliance with these Official Rules) during their online session at the Web Site. Within seventy-two (72) hours of receiving the prize-winning message, the potential winner will receive an email notifying him/her of the prize won and instructions on how to claim the prize (subject to verification and compliance with these Official Rules). Winners (or parent or legal guardian if participant is an eligible minor) may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within seven (7) days of prize notification. Sponsor is not responsible for suspended or discontinued wireless or online service which may result in a potential winner not receiving a prize notification; nor is Sponsor responsible for any change in participant's email address. If (i) winner does not respond to the prize-claim instructions as stated within the prize-winning email, (ii) any required documents are not returned within the required number of days, (iii) a potential winner cannot be verified, or (iv) a potential winner is otherwise unable to accept the prize as stated, the applicable prize will be forfeited. Prizes will be shipped within eight (8) to twelve (12) weeks of winner verification. If any prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize.
7. RELEASE OF LIABILITY:
By participating in the Promotion, participants (or parent or legal guardian if participant is an eligible minor) release Sponsor and Promotion Parties from any and all claims, damages or liabilities arising from or relating to such participant's participation in the Promotion. By accepting a prize, recipients (or parent or legal guardian if recipient is an eligible minor) (a) agree that the Sponsor and Promotion Parties 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 Promotion; from acceptance, possession, misuse or use of prize and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, the right to the use of their name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of the Promotion is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
8. DISCLAIMER:
Bag Codes are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Bag Codes contain or are the result of printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sole liability for a regular official Bag Code is limited to replacement with a free randomly selected official Bag Code, while supplies last. Bag Codes may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules. All submitted Bag Codes become property of Sponsor, and will not be returned.
No more than stated number of prizes will be awarded. In the event that a programming, production, seeding or printing error or any other reason causes more than the stated number of prizes, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves right to award only the stated number of prizes. Screen shots are not proof of winning status.
9. GENERAL CONDITIONS:
Winners are solely responsible for any taxes on prizes. Winners will receive an IRS Form 1099 for the ARV of their prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Any difference between the stated approximate retail value and the actual retail value will not be awarded. 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 Promotion 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 Promotion, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the process of submitting a Play, and (b) cancel, modify or terminate the Promotion. In the event of cancellation, Sponsor will randomly award the remaining prizes from among all eligible, non-suspect Plays received prior to cancellation. This Promotion 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.
Please see Sponsor’s privacy policy located at
Privacy Policy for details of our policy regarding the personal information collected in connection with this Promotion. Additionally, any communication between entrant and Sponsor or its agencies regarding this Promotion (e.g. phone calls, text messages, chats, email, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly-available winner’s list.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNER'S LIST:
For the names of the winners, send a self-addressed, stamped envelope to be received by April 30, 2018 to: CHEETOS® Mystery Challenge Winner's List, 10 South 5th Street, 7th Floor, Dept. 881-765, Minneapolis, MN 55402.
11. SPONSOR:
Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099.
© 2018 Frito-Lay North America, Inc.