TOSTITOS® Salsa Cereal Sweeps

THIS SWEEPSTAKES IS INTENDED FOR THE 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 AT THE TIME OF PARTICIPATION.

TOSTITOS SALSA CEREAL SWEEPSTAKES (“SWEEPSTAKES”) OFFICIAL RULES

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 PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

This Sweepstakes uses Instagram as a means of entry. This Sweepstakes is not endorsed or certified by Instagram. All Instagram logos and trademarks displayed on this Sweepstakes are property of Instagram. All questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor at the address listed below and not to Instagram.

1. ELIGIBILITY: The Sweepstakes is open only to legal residents of any of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older (nineteen (19) years of age or older if a resident of Alabama or Nebraska) at the time of participation. The following persons are not eligible to participate: Employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), its 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 Sweepstakes (collectively, “Sweepstakes 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 (3) months during the twelve-month period preceding the start date of the Sweepstakes).

2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 p.m. (noon) Central Time (“CT”) on October 3, 2024 and ends at 11:59:59 p.m. CT on October 17, 2024 (“Sweepstakes Period”). The time clock of the Sponsor of this Sweepstakes is the official clock for this Sweepstakes.

3. HOW TO PARTICIPATE: INSTAGRAM ENTRY: To enter, log in to your Instagram account (must be made public), visit the TOSTITOS brand page (https://www.instagram.com/tostitos/) and look for the Tostitos Salsa campaign post about the Sweepstakes. During the Sweepstakes Period, “like” the Sweepstakes post with the hashtags #TostitosSalsaCereal and #Sweepstakes (collectively, the “Required Hashtags”). By liking the post using the Required Hashtags, you will receive one (1) entry (each an “Entry” and collectively the “Entries”) into the Sweepstakes.

Limit one (1) Entry per person/per day throughout the Sweepstakes Period. A “day” is defined as the twenty-four (24) hour time period between 12:00:00 a.m. CT and 11:59:59 p.m. CT of the same day with the exception of the first day which will begin at 12:00:00 p.m. CT and end at 11:59:59 p.m. CT of the same day.

Data rates may apply if participant submits an Entry with a mobile phone or other Web-enabled device using your wireless service provider’s network. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.

All participants must have a valid and public Instagram account. Multiple participants may not share the same public Instagram account. A potential winner may be requested to provide Sponsor with proof that they are the authorized account holder of the Instagram account associated with the winning Entry and/or an eligible participant. Each Entry 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 Instagram accounts for the purpose of obtaining more than the stated number of Entries and/or prizes, is prohibited and such persons will be disqualified, and all of their Entries will be deemed invalid, and any prize won by such person shall be forfeited.

4. SWEEPSTAKES DRAWING/ODDS: On or about October 18, 2024, the Sponsor will conduct a random drawing from all eligible Entries received within the Sweepstakes Period and select forty-five (45) potential Sweepstakes Prize winners. Odds of winning a Sweepstakes Prize depend on the number of eligible Entries received.

5. PRIZE DETAILS: Forty-Five (45) prizes will be awarded at the end of the Sweepstakes Period. Each Sweepstakes Prize winner will receive a Tostitos Salsa Cereal kit consisting of chips (in Tostitos/Julian Edelman box), Tostitos salsa, and bowl & spoon. All details of the Prize will be determined by Sponsor in its sole discretion.

Average Retail Value (“ARV”) of each Sweepstakes Prize is $91.00. Total ARV is $4,095.00

6. WINNER NOTIFICATION: The potential Sweepstakes Prize winner will be notified by Instagram Direct Message. Potential winner must complete a prize claim form within three (3) calendar days of notification with the required information (including but not limited to; Full Name, Email Address, Full Address (no P.O. Box allowed), and Birth Date) before forfeiting their Prize. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. The potential Sweepstakes Prize winner may then be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, and returned to Sponsor within three (3) business days of date of issuance. 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 a participant's email or mailing address. If (a) an attempted notification or a prize is returned as undeliverable, (b) a potential winner does not respond to the prize-claim instructions as stated within the email notification, (c) any required documents are not returned within the required number of days, (d) a potential winner cannot be verified, or (e) a potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and an alternate winner will be chosen from remaining eligible Entries, in Sponsor’s sole discretion. Prize will be delivered within one wee of winner verification.

7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from participant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Sponsor or the Sweepstakes Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: 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 Instagram Application in whole or in part for any reason; traffic congestion on the Internet, Instagram Application, unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of the Instagram Application. Neither Sponsor nor Sweepstakes Parties are responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the announcement of prizes or these Official Rules. Use of Instagram Application is at user’s own risk. Sponsor and Sweepstakes 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 mobile device resulting from participation in the Sweepstakes. In the event of an identity dispute, the Entry will be considered made by the registered owner of the email address associated with the account used for Instagram account. “Registered owner” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. 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 SWEEPSTAKES PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

8. RELEASE OF LIABILITY: By participating in the Sweepstakes, participants agree (a) to release and hold harmless Sponsor, Sweepstakes Parties, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents from any and all claims, actions, losses, injuries, damages or liabilities arising from or relating to such participant's participation or inability to participate in the Sweepstakes; (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 Sweepstakes, or any prize awarded, 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 a prize, winners (a) agree that the Sponsor, Sweepstakes 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 including, without limitation, for personal injury or death to participant or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of a prize, including travel thereto, and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor, and its designees and assigns 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 Sweepstakes Parties are not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, epidemic, or any other condition beyond their control (a “Force Majeure Event”).

9. DISCLAIMER: No more than the stated number of prizes will be awarded. In the event that production, programming, printing or any other reasons cause more than stated number of prizes, set forth in these Official Rules, to be available and/or claimed, Sponsor reserves right to award only the stated number of prizes.

10. GENERAL CONDITIONS: Winners are solely responsible for any taxes on prizes, if any. Winners will receive an IRS Form 1099 if the total value of the prize won is over $600.00. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Sponsor. No transfer of a prize is permitted. Prize 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. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize with another prize of equal or greater value. If for any reason the Sweepstakes is not capable of running as planned, including but not limited to 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 Sweepstakes, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the process of submitting an Entry, and (b) cancel, modify or terminate the Sweepstakes. This Sweepstakes 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the 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.

Please see Sponsor’s privacy policy located at http://www.fritolay.com/legal/privacy-policy.htm for details of Sponsor’s policy regarding the personal information collected in connection with this Sweepstakes. Additionally, any communication between participant and Sponsor or its agencies regarding this Sweepstakes (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly available winners’ list.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, VANDALIZE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES 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.

11. BINDING ARBITRATION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Rules, including, without limitation, the Promotion. 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 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 Promotion 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 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 does not apply and the dispute must be brought in a court of competent jurisdiction in 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 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. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S 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 EVERY ENTRANT.

12. WINNERS’ LIST: For a list of prize winners, send a self-addressed, stamped envelope to be received by November 30, 2024 to: Tostitos Salsa Cereal Sweepstakes Winner's List, c/o D3, 7701 Legacy Dr., Plano, Texas 75024

13. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024-4099.