Official Rules For All Assignments
DORITOS® Legion of the Bold Official Rules - For All Assignments and Rewards
NO PURCHASE NECESSARY TO ENTER OR WIN AN ASSIGNMENT. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VOID OUTSIDE OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA.
Through DORITOS® Legion of the Bold (“LOTB”), the person who registers for LOTB (hereafter “You”) will have access to LOTB creative briefs and assignments (collectively “Assignments” and each, individually, an “Assignment”) you can also participate in the LOTB Rewards program to earn rewards, points, levels and badges (collectively “LOTB Rewards”) by participating in certain activities related to LOTB (as described below).
If you sign up for Assignment text reminders, you agree that Sponsor and its service providers may send you autodialed text messages at the telephone number(s) you have provided us with Assignment updates and alerts. Standard text message and data rates apply. Not all carriers covered. You can always text STOP to 72645 to stop getting text message reminders (you will be sent a confirmation message). Text HELP to 72645 for help.
Text message reminders are provided for Your convenience only. Sponsor is not responsible for an errors in text messages, including but not limited to any errors in submission deadlines. In the event of any inconsistency between any text message sent, these Official Rules or the Assignment Rules, these Official Rules and the Assignment Rules will prevail.
Registration and Passwords: In order to access LOTB, You must first visit the LOTB website (“Website”) and create a LOTB account. To create a LOTB account, you may register with us and create your LOTB user name and password, or you may connect to the LOTB registration page through Facebook Connect and then follow the online instructions. By using LOTB via Facebook Connect, Sponsor will have access to certain information You have added on Facebook. You may update Your registration information by visiting Your profile page on the Website. Your registration information must be current at all times. You are limited to one (1) LOTB account and Your account must be Your account only and may not be accessed by multiple persons. Any duplicate or shared accounts are subject to cancellation, and all LOTB Rewards (defined below) accumulated in duplicate or shared accounts will be void and forfeited. You may not use LOTB to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person’s username, password, or other personal information.
If you access LOTB through Facebook Connect, Your Facebook login and password are Your LOTB login and password. You are entirely responsible for maintaining the confidentiality of Your login, password and Your account and all activity made by You or anyone who uses Your LOTB account. You further agree to safeguard Your login and password from access by others. You are entirely responsible for the security of Your login and passwords and will be solely liable for any use or unauthorized use under such login or passwords. You agree to immediately notify Sponsor of any unauthorized use of Your account or password.
These Official Rules will remain in full force and effect during Your membership. You may terminate Your membership in LOTB at any time, for any reason by following the instructions on the Website. Likewise, Sponsor may terminate or suspend Your membership in LOTB for any reason or otherwise disqualify you from participation in LOTB, at any time, at its sole discretion, including without limitation breach of these Official Rules or any of Your covenants, representations or warranties herein.
Eligibility: To be eligible to participate in LOTB, for an Assignment, and/or for LOTB Rewards, You must be an individual who is legally residing in one of the fifty (50) United States or the District of Columbia, at least 18 years of age or older (and for some Assignments the age of eligibility may be 21 years of age or older) at time of entry, and a registered member of LOTB (“Member”). Members who are 18 or older, but have not yet reached the age of majority in the jurisdiction in which they reside (19 in Nebraska and Alabama) (“Minors”), must obtain parental or legal guardian consent to become a registered member of LOTB and be eligible to enter an Assignment and/or earn a Reward. Sponsor may request and a Member may be required to provide proof of such consent to Sponsor. Eligibility for certain Assignments may be by invitation only based upon your accumulation of LOTB Rewards (described below), Your LOTB profile information (i.e. profession), age, and other variables based on Your professional experience, in Sponsor’s sole discretion.
Members who submit an Entry or Enhancement for an Assignment (collectively “Entrants”) must not be a party to any agreement that might present a conflict or interfere with Entrant’s participation in any Assignment. By way of example and not limitation, an employment agreement with a non-Sponsor entity that restricts Your ability to transfer rights in Your Submission to Sponsor as required by the Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant from a specific Assignment if Entrant is under any such agreement that Sponsor deems to be in conflict with that Assignment.
Except as otherwise provided in the applicable Assignment Rules, employees, directors, or officers of the Sponsor, its parent, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion and judging agencies and all other service agencies involved with LOTB, and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses) and those living in the same household, whether or not related, are not eligible to enter that Assignment.
By participating in LOTB, its Assignments, or in LOTB Rewards, Entrants: (a) agree to be bound by these Official Rules, the applicable Assignment Rules, by Sponsor’s interpretations of these Official Rules and applicable Assignment Rules, and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; © agree to comply with any and all applicable federal, state, and local laws, rules and regulations; and (d) agree to release and hold harmless Sponsor and its respective parents, affiliates, subsidiaries, partners, manufacturers, distributors, advertising agencies, promotion and administration agencies, and any entity which is involved in any aspect of the creation, production, operation, execution and fulfillment of an Assignment, and the employees, agents, officers, directors, successors and assigns of each (“LOTB Entities”) from and against any and all claims, injury or damages arising out of or relating to participation in Assignments and/or the use, misuse or redemption of the prizes awarded, and for any claim, including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
By participating in any Assignment, whether through an Entry (defined below) or Enhancement (defined below), Entrants acknowledge and agree that nothing in the Assignment or these Official Rules is intended to create or give rise to any employment situation and Entrant should not have any expectations of employment at entry, during or at the conclusion of the Assignment and prize fulfillment. Accordingly, Sponsor will not have with respect to You any obligations of an employer under federal, state or local law, regulation or order, including but not limited to those relating to federal or state income taxes, self-employment income taxes, FICA taxes or unemployment taxes, tax withholding or filing, disability benefits, and workers compensation.
Certain activities in LOTB may allow You to receive LOTB Rewards including, but not limited to, the following: (i) viewing Assignments, (ii) sharing an Assignment using the share links, (iii) submitting a Submission and/or Enhancement, (iv) voting on a Submission and/or Enhancement, (v) referring a LOTB member who submits a Submission for an Assignment, (vi) referring a LOTB member whose Submission is a winner, or (viii) submitting a winning Submission and/or Enhancement.
The award of LOTB Rewards is subject to the specific terms and conditions of the applicable Assignment Rules and/or activity as described on the Website. The Assignments and activities that will allow You to earn LOTB Rewards may change from time to time, with or without notice, in Sponsor’s sole discretion and will be set forth either in these Official Rules or on the Website. For the purposes of LOTB, “Rewards” mean those particular rewards, points, levels and badges, which may be offered through LOTB. Rewards and their values are: (a) determined by Sponsor in its discretion; (b) subject to change without notice; and © may vary among activities. All Rewards and actions utilizing Rewards, including but not limited to earning, saving, and redeeming, must be in compliance with these Official Rules. Rewards do not constitute property and do not entitle a participant a vested right or interest, and, as such, You cannot sell, transfer, or assign Your LOTB Rewards to any other third party, under any circumstances, without Sponsor’s written permission.. LOTB REWARDS HAVE NO CASH OR RETAIL VALUE AND MAY NOT BE REDEEMED FOR CASH OR ANY OTHER GOODS OR SERVICES. Rewards cannot be earned after LOTB is terminated. Unless prohibited by law, unused Rewards are forfeited upon termination of LOTB. Sponsor reserves the right to invalidate Rewards from an account if it determines that such Rewards were improperly credited to an account or obtained fraudulently.
By achieving certain thresholds of LOTB Rewards, You may be eligible for private Assignments that are not available to the entire LOTB community. You can view your total number of LOTB Rewards on your profile page.
LOTB Rewards will be posted to Your account upon successful completion of the applicable activity and after validation by Sponsor. You are responsible for ensuring that the correct amount off LOTB Rewards are properly posted, and Sponsor shall not be held liable for any errors regarding LOTB Rewards. Sponsor, in its sole discretion, reserves the right to adjust the amount of LOTB Rewards awarded, past, present or future, for LOTB Rewards activities, without liability or notice to You. Sponsor may change or remove any of the LOTB Rewards activities, at any time, with or without notice to You.
Entry Periods: The entry period for each Assignment, the time during which You may submit an Entry, will be set forth in the applicable Assignment.
To Participate in Assignments: The entry methods for each Assignment will be set forth in the applicable Assignment. Except as otherwise provided in the applicable Assignment Rules, each Entry may only be submitted by one Member. In the event more than one person is permitted by the Assignment Rules to contribute to an Entry, only the Member who submitted the Entry into the Assignment may be eligible to be awarded a prize.
If selected as Finalists (defined below) for an Assignment, Entrants may be encouraged or required to submit additional materials at the request of Sponsor, including but not limited to, additional formats of Submission.
The Assignment will specify the limit, if any, on the number of entries permitted by each Member for each Assignment.
If it is suspected that an Entrant uses multiple LOTB accounts to submit more than the allowable number of entries for any particular Assignment, Sponsor, in its sole discretion, will select the allowable number of eligible entries for that Assignment from among the disputed accounts in the order received and the remaining number of entries will be ineligible. In the event of a dispute over who submitted an Entry, the authorized LOTB account used to participate in the applicable Assignment will be deemed to be the Entrant. In the event of a dispute regarding the identity of an Entrant, proof to Sponsor’s reasonable satisfaction may be requested.
Submission Guidelines: All contents of an Entrant’s Submission for an Assignment, including but not limited to, content, text, images, graphics, photographs, videos, captions and descriptions, data, codes, programs, must be completely original to Entrant and must not have been taken or composed, in whole or in part, from any other source other than Entrant, must be original to the Entrant, have been created specifically for that specific Assignment, and must not have been released commercially in order to be an eligible Submission. Submissions which in the sole opinion of Sponsor contain materials that are not the original work of the Entrant, or are illegible or incomplete, will not be accepted or eligible to win. Entries become the property of Sponsor and none will be returned.
Submissions must not include, depict or make reference to any of the following: (a) obscenity, inappropriate language, nudity, explicit sexual activity, illegal drug or alcohol use, violence, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, any particular political agenda or message, commercial products other than Sponsor’s as permitted in the applicable Assignment, unauthorized copyrighted or trademarked properties, including brand names and logos, private property, unless Entrant has obtained a release from the owner specific for uses specified herein and in the Assignment Rules, (b) material that is threatening, abusive, harassing, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, illegal, offensive, profane, hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, © material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity or any other intellectual property rights, (d) material that promotes violence, bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, (e) material that contains personal identifiable information, including but not limited to, license plates, phone numbers, personal addresses, (f) any other content, including but not limited to, text, images, graphics, photographs, videos, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion, (g) material that would defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, or (h) material that communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Further, a Submission must not contain any claim that is untruthful, inaccurate, or is not and cannot be substantiated or that would be false or misleading to a reasonable consumer.
Sponsor does not permit the infringement of others' rights and any use of materials not original to the Entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from LOTB. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor.
Sponsor reserves the right to disqualify any Submission that it deems, in its sole discretion, to be a violation of the Official Rules or Assignment Rules or that is not in keeping with Sponsor’s image. Sponsor may request Entrant to modify or edit any Submission so that the Submission meets such guidelines. Sponsor reserves the right to waive the Assignment requirements in its reasonable discretion. Sponsor is not obligated to use, publish or display or broadcast any Submission.
Sponsor maintains a registered agent for disputes under the Digital Millennial Copyright Act, as described in detail in our Terms of Service. If You think that any Entry infringes your intellectual property rights, see the Terms of Service if you wish to report it.
The “Assignment Period” is defined as the start date of the specific Assignment through the selection and announcement of Winners (defined below) as more fully detailed in the specific Assignment.
An “Entry” is defined as a Member’s entry into an Assignment and an “Enhancement” is defined as any comment, vote, or enhancement of an existing Finalist Entry. For clarification, Entries and Enhancements are collectively referred to herein as Submissions.
The “Judges” are defined as the representatives of Sponsor tasked with selecting the Finalists and winning Submissions based upon the judging criteria and requirements of each Assignment.
An “Enhancer” is defined as a Member who comments on an existing Finalist Entry and who in the sole discretion of the Judges based on the judging criteria for that specific Assignment, advances, improves, expands upon or otherwise enhances an Entry. Only an Enhancer of a Winning Entry will be eligible to receive a prize as a Winning Enhancer. An Enhancer may comment on his/her own Entries or Enhancements as well as the Entries or Enhancements of other Members.
A “Winner” is defined as any eligible Entrant, who in the sole discretion of the Judges based on the judging criteria for that specific Assignment is deemed to have a winning Submission.
A “Finalist” is defined as any eligible Entrant, who in the sole discretion of the Judges based on the judging criteria for that specific Assignment, is deemed to have one of the highest scoring Entries.
By entering an Assignment, each Entrant represents and warrants that: (a) he/she has all rights to the Submission and all contents and components thereof, that Entrant has not granted any rights to the Submission to any other third party or entity, and that Entrant has obtained all rights, consents, and permissions, including, but not limited to, those of any persons that may have participated in a Submission, necessary to grant the rights granted herein; (b) that the Submission is original was created by You specifically for Assignment; © that the Submission, in whole or in part, has not been released commercially at the time of entry; (d) the Submission does not and will not violate any law, statute, ordinance or regulation; (e) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Official Rules and the applicable Assignment Rules, and will not violate or infringe upon the intellectual property or any other right of any other person or entity, including without limitation copyright, trademark, trade secret, patent, and the right of privacy and publicity, or give rise to any claims for any payment whatsoever; and(f) the Submission is not and will not be defamatory, disparaging, libelous, slanderous, pornographic or obscene or otherwise constitute plagiarism, piracy or idea misappropriation under implied contract.
If Your Submission includes video elements, any elements appearing in a video, including, without limitation, music, photographs, art or any other materials, must be Your own original work, created and performed by You, or be in the public domain. Further, if synchronizing music with Your video elements, You must only use original or royalty-free music or music that is in the public domain according to the laws of the United States.
All Entrants, whether a Winner or not, in consideration of being considered to enter an Assignment or enhance a Submission, grant Sponsor, and its representatives, affiliates, licensees, successors and assigns: (a) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize their Submission, and if applicable to reverse engineer code provided in a Submission; and (b) the non-exclusive, irrevocable, royalty free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and otherwise exploit, their Submissions, and/or any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to Entrant or any third party. In addition, during the Assignment Period, You agree not to submit, disclose or otherwise display Your Submission to any third party. The purpose of this restriction during the Assignment Period is to ensure that the Submission is not submitted, disclosed or otherwise displayed elsewhere while still under consideration by the Judges as a potential winning Submission.
Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of their Submission and if applicable, their Enhancement, and their right to use the Entry and/or Enhancement as specified in the Official Rules and Assignment Rules.
Further, in the event Your Submission is a Finalist or Winner, in consideration of being considered to enter the Assignment or enhance a Submission and the prize as defined in the applicable Assignment Rules, You agree that Your Submission 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 You will irrevocably assign and transfer to Sponsor all of Your right, title and interest in and to Your Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, for use in any and all media whether now known or hereafter devised, including, without limitation, the unconditional right to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record publicly, perform, create derivatives works of, distribute and synchronize in timed relation to visual and/or aural elements, and or otherwise exploit and exercise all other rights of ownership in the Submission, in perpetuity, throughout the world, including, without any liability, obligation or additional payment of any kind to Entrant or any third party. You agree to hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to Your Submission. Sponsor reserves the right to alter, change or modify the winning or Finalist Submission, in its sole discretion. Upon request of Sponsor, winner 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 Submission 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. Further, Sponsor may request from You, that the You secure from any third, parties, model(s) or videographer (if applicable) an irrevocable assignment and transfer to Sponsor all of any such third parties, model(s) or videographer’s right, title and interest in and to the Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The third parties, model(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the third parties, model(s) or videographer may now or later have in the Submission. 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(s).
All entries submitted in compliance with these Official Rules and Assignment Rules and not disqualified are considered “Eligible Submissions”. All Submissions deemed suitable by Sponsor, in its sole discretion, may be posted on Sponsor’s website throughout the Assignment Period and up to thirty (30) days thereafter Entrants agree that Sponsor may use their Submissions and LOTB profile information, including Entrant’s first name and jurisdiction of residence in whole or in part for any purpose whatsoever without any additional compensation. Further, Entrants agree and acknowledge that Sponsor may be working on substantially similar or identical content, ideas or materials to an Entrant’s Submission and that Sponsor may continue to develop such content, ideas and materials independent of such Entrant Submissions. By submitting a Submission, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Submission 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 submission, 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.
Prizes: The prizes available to be won for each Assignment will be set forth on the specific Assignment (“Prizes”).
Publicity Release: By participating in an Assignment, the Winners of that Assignment, grant Sponsor the right to record, videotape and photograph the Winner (“Winner Images”). These Winner Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Winner Images, and all elements embodied therein, including any names, likenesses, voice, conversation and any other attributes of Winner’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose, whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
Judging: The Submissions for each Assignment will be judged by the Judges based on the judging criteria and weighted as specified in each Assignment. Except as otherwise provided in the applicable Assignment, the Judging Criteria (“Judging Criteria”) is as follows: Originality and Creativity - 40%, Adherence to Creative Assignment - 30%, and Overall DORITOS brand Appeal - 30%. In the event of a tie, the Submission with the highest Originality and Creativity score will be deemed the Winner. The Judges reserve the right to conduct interviews with any Entrant. The Judges also reserve the right to extend the Entry Periods, select more or less (Finalists or Winners), if, in their sole discretion, the Submissions do not meet the qualification standards based on the judging criteria specified for each Assignment. The application of the judging criteria shall be in the sole and absolute discretion of Sponsor and the Judges. LOTB Entities and Judges disclaim any liability from any Entrant and Entrants agree to waive any claims against LOTB Entities and Judges relating to the judging or awarding process.
Winner Selection and Notification: The winner selection and notification process for each Assignment will be set forth on the specific Assignment Rules.
Winner Verification: Potential winners are subject to verification, including verification of age. To be eligible to be declared a Winner, or a Finalist if deemed necessary in Sponsor’s sole discretion, and to receive the applicable Prizes, the potential Winners and if applicable Finalists must sign (or have his or her parent/legal guardian if a potential Winner is a Minor), and return via e-mail attachment or facsimile within three (3) days of receipt of such documents from Sponsor: (a) an Affidavit of Eligibility and Release releasing LOTB Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential winner’s participation in the Assignment, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, use or misuse of any Prize, to be eligible for the Prize; (b) except where prohibited by law, a publicity release granting LOTB Entities the right to use potential Winner’s name, picture and/or likeness, form or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or any notification; and © an assignment of rights in and to Your Submission. Participation in an Assignment, whether through an Entry or Enhancement, constitutes your agreement to sign such releases and documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants. If a potential Winner does not sign these releases and any other documents provided by Sponsor with respect to the Prize and return them within the time frame specified, the potential Winner may be disqualified and the Prize forfeited. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. When properly executed, and providing potential Winners are in compliance with the Official Rules and Assignment Rules, a potential Winner will be determined to be a Winner. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. If a potential Winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential Winner will be disqualified. In the event that a potential Winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate Entrant, even if the disqualified potential Winner’s name may have been publicly announced.
By participating in an Assignment, Winners acknowledge that LOTB Entities have not and will not provide insurance of any kind relating to the Prizes and that Winner(s) (or his/her parent/legal guardian if Winner is a Minor) will be responsible for obtaining and paying for any form of insurance relating to the Prizes.
Prize Terms: The dates for fulfillment of the Prizes will be specified in the applicable Assignment.
If for any reason any Prize is unavailable or any Prize related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to cancel or modify the Assignment in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. LOTB Entities shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize. All costs and expenses not specifically listed as part of the Prize are solely Winner’s responsibility. Prizes are provided “as is”. Entrants acknowledge that LOTB Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, including any express warranties provided by a Prize supplier that are sent along with the Prize. Arrangements for the fulfillment of the Prizes will be made by Sponsor. The ARV of any Prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law.
Taxes: Winners, and in Sponsor’s sole discretion Finalists, must supply Sponsor with his or her social security number for tax purposes. Sponsor will issue an IRS Form 1099 in the name of Winner for the actual value of the Prize if the actual value is $600 or over or if the combined Prize values received by Winner in the applicable calendar year is $600 or over. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility, regardless of whether the Prize, in whole or in part, is used.
Winner Lists: A list of all Winners will be available on the “Summary” tab of the applicable Assignment page on the LOTB site for thirty (30) days following the last day of the applicable Assignment Period.
GENERAL LOTB TERMS
Confidentiality: You acknowledge that during Your membership in LOTB, You may receive and have access to confidential information marked as “Confidential” or reasonably understood to be confidential based on the circumstances of its disclosure, including but not limited to current and future product information, trade secrets (as determined by applicable law), technical or financial information, forecasts, website design, web hosting, ideas, concepts, reports, methods, strategies, plans, documents, drawings, tools, models, inventions, and patent, trademark, and copyright disclosures of Sponsor (collectively “Confidential Information”). You agree that You will not disclose any Confidential Information, directly or indirectly, or use any of the Confidential Information in any manner, either during the Assignment Period or at any time thereafter, except for the purpose of creating a Submission or Enhancement or otherwise participating in LOTB. For clarification, Sponsor shall continue to be the exclusive owner of all right, title, and interest in, all patents, copyrights, trade secrets, trademarks, and proprietary rights in, any Confidential Information disclosed by Sponsor through the Website. You shall not retain any copies of the Confidential Information without Sponsor’s prior written permission. Upon the expiration of the Assignment Period, or whenever requested by Sponsor, You shall immediately destroy or deliver to Company any and all such files, records, documents, specifications, information, and other items in Your possession or under Your control.
Member Communications: By signing up to participate in LOTB You give Sponsor the right and permission to periodically contact You with LOTB updates, Assignment opportunities, Rewards information, special offers, and other information related to LOTB via email.
Limitation of Liabilities; Miscellaneous: LOTB Entities are not responsible if any Assignment cannot take place, or if any Prize or Reward cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of LOTB Entities. If, for any reason any Assignment is not capable of running as planned, including, without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of LOTB Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, or proper conduct of any Assignment, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Assignment or any part of the Assignment and to determine the Winners in a fair and equitable manner as Sponsor determines in its sole discretion. If any Assignment is terminated prior to the expiration date stated herein, notice will be posted on the LOTB site and the Prizes may be awarded to a new potential Winner to be selected from among all Eligible Submissions received up until the time of modification, cancellation or termination, or in a manner that is fair and equitable as determined by Sponsor. During an Assignment, Sponsor reserves the right to modify and amend these Official Rules from time to time for clarification purposes without materially affecting the terms and conditions of the Assignment.
Members agree to indemnify and hold harmless LOTB Entities, which for clarification are defined as Sponsor and its respective parents, affiliates, subsidiaries, partners, manufacturers, distributors, advertising agencies, promotion and administration agencies, and any entity which is involved in any aspect of the creation, production, operation, execution and fulfillment of an Assignment, and the employees, agents, officers, directors, successors and assigns of each, from any and all liability arising out of or relating in any way to Member’s participation in Assignments and/or LOTB Rewards and to release all rights to bring any claim, action or proceeding against LOTB Entities. LOTB Entities assume no responsibility for and will disqualify Submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, or have incorrect or inaccurate submission information, whether caused by any of the equipment or programming associated with or utilized in Assignments, or by any human, mechanical or electronic error which may occur in the processing of the Submissions in Assignments, or other errors appearing within the Official Rules or Assignment Rules or in any Assignment or LOTB Reward related advertisements. LOTB Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Assignments and/or LOTB Rewards, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, and the delivery of the Prize or Reward, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software or mobile phone related to or resulting from participation or downloading any materials in Assignments. Use of any device to automate or subvert submission is prohibited and any Submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any Submissions received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the submission process or the operation of any Assignment and/or LOTB Rewards; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or LOTB Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Assignments; or (vi) to be acting in violation of these Official Rules or Assignment Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER MAY RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE APPLICABLE ASSIGNMENT(S) AND ALL PRIVILEGES AS A WINNER MAY BE IMMEDIATELY TERMINATED.
As a condition of participating in LOTB, Members (or their parent or legal guardian if an eligible Minor) agree (and agree to confirm in writing) to release LOTB Entities, from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any Prize or Reward, including any travel related thereto.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE, LOTB, LOTB REWARDS, AND/OR THE ASSIGNMENT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Binding Arbitration: Any controversy or claim arising out of or relating to LOTB shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. 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 PARTICIPATE IN LOTB IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN LOTB, 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 LOTB, OR ANY PRIZE OR REWARD 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), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR PARTICIPATION IN AN ASSIGNMENT, RECEIPT OR USE OF A PRIZE, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, LOTB CONTENT AND OTHER MATERIALS, OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE, 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.
IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY ANY OF THE LOTB ENTITIES CUMULATIVELY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SPONSOR, IF ANY, FOR PARTICIPATING IN AN ASSIGNMENT, LOTB REWARDS, AND/OR LOTB.
Governing Law & Jurisdiction: These Official Rules and the LOTB program are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor in connection with LOTB, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in Dallas County.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO LOTB, LOTB REWARDS, AND/OR AN ASSIGMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Sponsor: Frito-Lay North America, Inc., 7701 Legacy Drive, Plano TX 75024.