September 29, 2022 | Promotions
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 ENTERING IN THE SWEEPSTAKES, PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR’S SWEEPSTAKES ADMINISTRATOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States residing in Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota or Wisconsin, who are eighteen (18) years of age (nineteen [19] if a resident of Nebraska) or older at the time of entry. The following persons are not eligible to participate: employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), Hy-Vee Inc., each of their respective parent, subsidiary and affiliated companies, distributors, participating retailers, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), the NFL Entities (defined below), 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: The Sweepstakes begins on September 7, 2022 at 12:00:00 a.m. Central Time (“CT”) and ends on October 11, 2022 at 11:59:59 p.m. CT ("Sweepstakes Period").
3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes:
(a) Purchase Method of Entry:
To enter the Sweepstakes via this method, you must visit a Hy-Vee Food Store and sign-up for a free Hy-Vee Fuel Saver + Perks® customer loyalty card (“Program Loyalty Card”). Purchase one (1) bag of TOSTITOS® brand snacks (any flavor 14.5oz or larger) at a participating Hy-Vee location with your Program Loyalty Card during the Sweepstakes Period (“Qualifying Purchase”). By presenting your Program Loyalty Card at the time of purchase, you will receive one (1) entry (each an “Entry”) into the random drawing corresponding to your state of residency; see Sections 4 and 5. All Qualifying Purchases must be completed by 11:59:59 p.m. CT on October 11, 2022.
(b) Mail-In Entry: To enter without making a purchase or signing up for a Hy-Vee Fuel Saver + Perks® card
Hand print your first and last name, address, city, state, zip code, telephone number, and email address on a 3” x 5” index card or piece of paper and place your entry into an outer-mailing envelope with proper postage affixed and mail it to: Ultimate Homegating Experience Sweepstakes at Hy-Vee, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223, to be postmarked by October 11, 2022 and received by October 18, 2022 to receive one (1) entry into the random drawing corresponding to your state of residency; see Sections 4 and 5. There is no limit on the number of “Mail-in Entries” (each, also an “Entry”) per person during the Sweepstakes Period; however, each Mail-in Entry must be mailed separately in a hand-addressed, postmarked envelope. No photocopied or mechanically reproduced entries accepted. Entries become the property of the Sponsor and will not be returned.
All entrants must have a valid email address. Multiple entrants may not share the same email address. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. 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. If it is discovered that an entrant used multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulated such information, for the purpose of obtaining more than the stated number of entries or prizes, such person will be disqualified and any prize won shall be forfeited.
4. RANDOM DRAWINGS: Two (2) potential winners will be selected in a random drawing to be held on or about October 19, 2022 from each group of Entries (as defined below), for a total of four (4) potential winners. Group 1: Eligible Entries received from residents of Illinois, Minnesota, South Dakota and Wisconsin. Group 2: Eligible Entries received from residents of Iowa, Kansas, Missouri and Nebraska. Both random drawings will be conducted by Hy-Vee, whose decisions are final in all matters related to the random drawings. Odds of winning depend on the number of eligible Entries received per Group. Limit one (1) prize per person/household.
5. PRIZE DETAILS:
- Two (2) “Group 1” Prizes will be awarded. Each winner will receive four (4) tickets to the Minnesota Vikings vs. New York Jets game scheduled to take place on December 4, 2022 in Minneapolis, MN. Prize Conditions below apply. Transportation and accommodations not included. Approximate Retail Value (“ARV”): $900.00 each.
- Two (2) “Group 2” Prizes will be awarded. Each winner will receive four (4) tickets to the Kansas City Chiefs vs. Los Angeles Rams game scheduled to take place on November 27, 2022 in Kansas City, MO. Prize Conditions below apply. Transportation and accommodations not included. ARV: $1,200.00 each.
Prize Conditions: All transportation, accommodations, parking, meals, gratuities, souvenirs, and all other expenses not specified herein are solely the winner’s responsibility. Game is subject to availability, change, and cancellation. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled games. Seating assignments are in Sponsor’s sole discretion. A minor child may accompany winner as a guest only if minor’s parent or legal guardian is the winner. Minor must be accompanied at all times during the game by minor’s parent or legal guardian. Winner is responsible for any loss of prize or portion of any prize after it has been delivered. Sponsor and the NFL Entities are not liable for any missed events or opportunities or expenses incurred as a consequence of any transportation delay or in the event winner and/or a guest is late to the game (through no fault of Sponsor or due to Force Majeure Event). Any and all other expenses or items not specifically listed herein are solely the responsibility of winner. Winner agrees that acceptance of the prize and use of the prize by winner and their guest is done so entirely at their own initiative, risk, and responsibility. Additional prize details may be provided to the winner at the time of notification.
Resale of game tickets is strictly prohibited. All NFL tickets are subject to certain terms and conditions as specified thereon, including the requirement that winner must download a mobile ticket app (valid email address required) and present tickets at stadium via a mobile device. Winner and guest must abide by all venue policies and regulations, including without limitation all health and safety protocols, and ticket terms and conditions at all times. The Sponsor reserves the right to revoke the full or partial prize from any winner or guest who the Sponsor, venue personnel or the NFL Entities deem in any of their sole discretion, may be intoxicated, be a safety risk, have violated any venue or NFL policy or law, fail to comply with the NFL’s (or its designee’s) health and safety protocols, or bring the Sponsor and Promotion Parties into disrepute. For the avoidance of doubt, unused tickets cannot be refunded, exchanged or applied towards tickets for any subsequent NFL event or for cash.
Winner and guest irrevocably waive all claims against Sponsor and the NFL Entities, and agree that Sponsor and the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes, 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 entrant’s participating in the Sweepstakes and related prize activities (e.g., travel, game), wherever, whenever or however the same may occur. Winner and guest must abide by all venue, federal, state and local COVID-19 guidelines while in attendance at the game. 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 NFL Entities or other governing authorities (collectively, the “Protocols”), 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. Any and all Protocols shall be communicated to winner at the time of winner notification.
Winner must accept prize as stated by Sponsor or prize may be forfeited. Any difference between stated value and actual value will not be awarded. Total ARV of all prizes is $5,350.00.
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties for lost, late, mutilated, illegible, incomplete, misdirected or postage-due mail, Entries or email. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant's participation in or attempt to participate in the Sweepstakes. 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 Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other network communication problems; errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any data transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the network in whole or in part for any reason; traffic congestion on the network; 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 an Entry submitted in connection with the Sweepstakes. Sponsor and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, Entries, announcement of prizes or these Official Rules. In the event of an identity dispute of a participant who participated via the “Purchase Method of Entry”, the Entry will be considered made by the person whose name is associated with the Hy-Vee account used for entry.
7. WINNER NOTIFICATION: Potential winners will be notified by email at the email address provided by the participant (or associated with participant’s Program Loyalty Card) at the time of entry. The email will contain instructions on how to claim the prize. Prizes must be claimed within five (5) days of email notification or prize may be forfeited. As part of the prize-claim process the potential winners may be required to complete, sign and return an IRS Form W-9 (including their social security number) and an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release within the same five (5) day time period. Failure to return the Affidavit within the allotted time may result in prize forfeiture and the awarding of the prize to an alternate winner (time permitting). Sponsor and Promotion Parties are not responsible for suspended or discontinued Internet or wireless service or a change in winner’s phone number or email address, which may result in a potential winner not receiving prize notification. If any prize notification or prize is returned as undeliverable, if a potential winner does not respond to the notification (as instructed within the notification), if a potential winner cannot be verified or is otherwise unable to accept the prize as stated, prize may be forfeited and awarded to an alternate winner (time permitting). Sponsor and Promotion Parties are not responsible for any undelivered emails, including without limitation, emails that are not received because of the winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any winner notification email, to a spam or junk folder. Upon forfeiture for any reason, no compensation will be given.
8. RELEASE OF LIABILITY: By participating in the Sweepstakes, participants agree (a) to release, defend, indemnify and hold harmless Sponsor and Promotion Parties and the NFL Entities, and all of their respective officers, directors, employees, 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 and Promotion Parties, the NFL Entities, 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 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 Promotion Parties, and the NFL Entities are not liable in the event that any portion of the Sweepstakes (including any prize) is compromised, modified or canceled due to pandemics or epidemics, 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”).
9. GENERAL CONDITIONS: Winners are solely responsible for any taxes on the prize, if any. Winners may be required to give their social security number to the Administrator as a condition of receiving the prize and will receive an IRS Form 1099 for the retail value of their prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. 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 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 or any other factors beyond Sponsor’s reasonable control, Sponsor and Promotion Parties reserve the right, at their sole discretion, to (a) disqualify any individual who is responsible or who tampers with the operation of the Sweepstakes; and (b) cancel, modify or terminate the Sweepstakes. In the event of cancellation, Sponsor will randomly award the remaining prizes from among all eligible, non-suspect Entries received prior to cancellation. This Sweepstakes is offered only in the eligible state(s) as stated in Section 1 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 or Promotion Parties 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 and Hy-Vee’s privacy policies located at http://www.fritolay.com/legal/privacy-policy.htm and http://www.hy-vee.com/company/policy/privacy.aspx for details of the policies 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 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.
10. WINNERS’ LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by November 21, 2022 to: Frito-Lay / NFL Sweepstakes at Hy-Vee, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223.
11. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024.
12. THE NFL ENTITIES: The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, NFL Productions, LLC, NFL International, LLC, NFL Players Association, NFL Players Incorporated, and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, members, representatives, and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way.
© 2022 Frito-Lay North America, Inc.