Official Rules
FRITO-LAY PLAY TOGETHER, WIN TOGETHER INSTANT WIN
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. INTERNET ACCESS REQUIRED.
BY SUBMITTING AN ENTRY TO THIS INSTANT WIN DURING THE INSTANT WIN PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. PLEASE READ THEM CAREFULLY BEFORE ENTERING.
ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age and the age of majority in their state of residence (at least nineteen (19) in Alabama and Nebraska) at the time of entry. The following individuals are not eligible to enter or win a Prize: officers, directors, employees, representatives and agents of Frito-Lay, Inc. (the “Sponsor”), their respective parents, subsidiaries and affiliates and if applicable, their advertising or promotion agencies (including Motive Group, Inc. and Southern Made, Inc.), program prize suppliers, any other companies engaged in the development, production, or distribution of materials for the Instant Win (the “Instant Win Parties”), and members of their immediate families (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Instant Win).
INSTANT WIN PERIOD: The Frito-Lay Play Together, Win Together Instant Win (“Instant Win”) begins 6:00 a.m. Eastern Time (“ET”) on Monday, March 25, 2024, and ends at 11:00 p.m. ET on Saturday, May 19, 2024 (the “Instant Win Period”).
By participating, each participant (“Entrant”) agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on matters relating to this Instant Win. The website server is the official clock for this Instant Win.
HOW TO PARTICIPATE: During the Instant Win Period, there is one (1) way to participate.
1) Game Play with Scan:
- Entrant to scan QR Code inside the participating product (“Participating Product”) or visit https://www.fritolayvarietypacks.com/hasbro (“Website”).
- Entrant will then click the button to launch the game and grant motion and orientation access and then camera access on their mobile or tablet device.
- Follow the prompts to place Participating Product in frame on their mobile or tablet device to reveal the virtual game board.
- Entrant will be instructed to tap the dice button to roll the dice. The dice will show a number and the game piece will move accordingly on the virtual game board. Entrant can select the question mark “?” to view game instructions at any time during the game.
- Entrant will continue to roll the dice until the Entrant crosses the finish line.
- Once Entrant crosses the finish line, they will obtain one (1) game play (“Game Play”) and will then receive a winning or non-winning notification on-screen. If Entrant is a potential instant winner (“Instant Winner”), they would also see on-screen a message to enter name and email to claim the prize and see prize details. Entrant will be sent an email stating the prize won as well.
- Entrant can elect to bypass the game to obtain one (1) Game Play.
- If you receive a non-winning notification on-screen you will receive a message that you can play again the next day.
Participating Products include:
- Frito-Lay Munchies® Peanut Butter on Toast Crackers – 8 count
- Frito-Lay Munchies Cheetos® Flavored Cheddar Cheese on Toast Crackers – 8 count
- Frito-Lay Variety Packs:
- Classic Mix 18 count
- Fiery Mix 18 count
- Flavor Mix 18 count
- Family Fun Mix 18 count
Entry Considerations:
- Prior to participating, each Entrant must verify their email by clicking on an email link sent after registration is complete.
- If you scan a non-participating product, you will receive an error message and be prompted to try again with a participating product. Not all products and package sizes are available at all retailers.
All Game Plays shall be deemed to be submitted by the authorized account holder of the email address used to register for the Instant Win. “Authorized Account Holder” of an email is the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. You may only participate in the Instant Win using an email address for which you are the Authorized Account Holder. By submitting an email address to enter the Instant Win, you represent and warrant that you are the Authorized Account Holder. If a dispute arises regarding who submitted an online entry, the Game Play will be deemed to be submitted by the Authorized Account Holder of the email address provided at time of registration. Standard data rates may apply if the Website is accessed via a mobile device, and Entrants are solely responsible for any such charges.
For purposes of the Instant Win Game, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address. If it is discovered or suspected that an entrant has registered or attempted to register for the Instant Win using multiple e-mail addresses or multiple identities, all of that entrant’s Game Plays (as defined above) associated with that household (determined by Sponsor and/or Administrator in its sole discretion) may be disqualified and any prize an entrant might have been entitled to win will not be awarded and may be revoked. Use of any automated system or any like methods to participate in the Instant Win is prohibited and will result in disqualification of any entrant attempting such use.
Entrants using any other device or artifice to enter multiple times above the stated limit or as multiple entrants will be disqualified. Game Plays generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Any incomplete, misdirected or postage due mail-in requests will be considered ineligible. Proof of submission is not proof of receipt by Sponsor. By participating, Entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
Game Plays are void if (i) not obtained or submitted in accordance with these Official Rules; or (ii) are obtained as the result of or in connection with a sale, transfer, or other method which we determine, in Sponsor’s sole discretion, is in violation of these Official Rules.
INSTANT WIN NOTIFICATION:
If you are the first to submit a Game Play at a randomly selected winning moment, as determined by Administrator, or if no one submits a Game Play at such moment, and you are the first to play immediately after such moment, as determined and verified by Administrator, you will be deemed a potential Instant Winner. You will then receive a winning or non-winning notification on-screen. If you are a potential Instant Winner, you would also see on-screen details on the Prize you have won, and you will be sent an email stating the Prize won.
Photos of winner messages on the screen is not acceptable as proof of winning. If Prize notification or email is returned as undeliverable or if a potential Instant Winner is not in compliance with these Official Rules, Prize will be forfeited, and Sponsor will have no further obligation to such Instant Winner. The Sponsor reserves the right not to award a Prize in the event the Sponsor is unable to identify and confirm an Instant Winner.
Limit one (1) Prize per household.
PRIZES (the “Prize(s)”) AND APPROXIMATE RETAIL VALUE (“ARV”):
There are fifty-six (56) Prizes available to be awarded. Each Instant Winner will receive a Game Chest that includes the following:
- Game Chest Trunk (ARV $500)
- A Set of 4 Custom Tumblers (ARV $200)
- Acrylic Custom 11x16 Scoreboard (ARV $40)
- Speaker (ARV $135)
- 1 Set of Custom Monopoly Pieces (ARV $100)
- Hasbro Game Bundle which includes Game of Life (ARV $20), Connect 4 (ARV $10), Monopoly ($20), Clue (ARV $20), Battleship ($16), Scrabble (ARV $20), Sorry (ARV $10), and Twister (ARV $20), Monopoly Knockout (ARV $20), Monopoly Deal (ARV $5). Total ARV for Hasbro Game Bundle is $161.
- Blanket (ARV $60)
- Chips (ARV $5)
When an Entrant has won a Prize, they will be notified via a confirmation email. This confirmation email message will detail what the Prize is, details on shipment, and a contact number or email for further questions.
The ARV of each Instant Win Prize is $1,191.00. The ARV of all Instant Win Prizes is $56,336.00.
PRIZE TERMS AND CONDITIONS: Prizes consist only of the elements expressly set forth above; no other elements are included in the Prize and any such expenses in connection with the use of the Prize are the sole responsibility of each Instant Winner. Instant Winners are responsible for all applicable federal, state, local sales and income taxes and any costs, expense(s), or fees whatsoever in connection with the Prize not specifically provided herein. In the event that, for reasons beyond their control and not related to the Winner, the Sponsor is unable to award any Prize as described in these Official Rules (including if the designated Prize should become unavailable for any reason), the Sponsor may substitute the Prize with another Prize of similar nature and equal or greater value at its sole discretion. The Prize is non-assignable and non-transferable and is not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Any difference between the ARV of any Prize stated and the actual value of the Prize will not be awarded. If a selected Winner is unable to accept a Prize in its entirety for any reason, the Prize (or that portion of the Prize) may be forfeited. All Game Plays and potential Instant Winners are subject to verification by the Sponsor and the Administrator whose decisions are final and binding. No compensation will be paid in lieu of a Prize or in the event that the Prize has been forfeited for any reason stated in these Official Rules. Sponsor and Instant Win Parties shall not be held responsible for any delays in awarding any Prize for any reason. By participating in this Instant Win or submitting an entry, each Entrant agrees: (i) to be bound by these Official Rules, including all entry requirements, (ii) to allow Sponsor to send program specific emails, and (iii) to release and hold the Sponsor and Instant Win Parties harmless from and against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from the participation in the Instant Win or from the receipt or use of any Prize or activity related to the receipt or use of any Prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Instant Win materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.
Prizes will be mailed to the mailing address (no P.O. Boxes), or email provided at registration. Shipping in the 50 United States and DC only. Shipping is included. Physical Prizes may take 10-12 weeks to arrive. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize. Winner shall bear all risk of loss or damage to prize after it has been delivered.
PRIZE CLAIM: Instant Winners are subject to verification. The potential Instant Winners will be notified via email using the email address supplied during registration. The potential Instant Winners will have three (3) business days to respond and return email with their acceptance of the Prize. Upon the acceptance, the potential Instant Winners will be sent winner documents via a DocuSign email and will be required to verify his/her/their eligibility by completing, signing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, and a completed and signed Federal Form W-9, by email by the date indicated on the documents or Prize may be forfeited and an alternate Instant Winner may be contacted. Failure to provide all required information, and a signature on the documents will result in forfeiture of the Instant Winner’s right to claim a Prize and may be awarded to an alternate Instant Winner.
All costs and expenses associated with a Prize acceptance and use not specifically provided herein are the responsibility of the Instant Winners. Any Prize will be forfeited, and an alternate potential Instant Winner may be contacted if: (1) a Prize notification is returned as undeliverable; (2) if any required response (including email response) is not received in three (3) business days for any reason; (3) if any Prize claim forms or Instant Winner verification materials are not returned within the required time period; (4) if a potential Instant Winner is found to be ineligible by civil or criminal or social media information review, as determined by Sponsor in its sole discretion; or (5) if any potential Instant Winner is determined to be ineligible or otherwise not in compliance with these Official Rules. Sponsor and Instant Win Parties are not responsible for any change of mailing address, email address, and/or telephone number of Entrants. Sponsor is not required to make more than one attempt to notify any individual potential Instant Winner; nor is Sponsor required to make more than one attempt to verify an alternative Instant Winner if the first selected potential Instant Winner is disqualified. If an insufficient number of qualified Entries are received, Prizes may not be awarded. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded.
Taxes: Instant Winners are solely responsible for any applicable federal, state, and local taxes on the Prize and will be issued an IRS Form 1099 in January of 2025 reporting the value of any Prize valued $600 or over. Instant Winners are responsible for paying taxes on the full ARV of the Prize awarded to them.
GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS INSTANT WIN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Instant Win is not capable of running as planned for any reason, including without limitation, due 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 Instant Win, Sponsor reserves the right, in its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Instant Win. In Sponsor’s sole discretion, any portion of the Instant Win is not capable of running as planned for any reason, or the integrity and/or feasibility of the Instant Win is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, health pandemic or epidemic, earthquake, explosion, extreme weather conditions, interruptions in air travel, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Instant Win without any further obligation. In the event of cancellation, Sponsor will award the Prize(s) for the Instant Win Drawing(s) at issue in random drawing(s) from among all valid and eligible entries received for the applicable Drawing(s) up to the time of such cancellation, provided a sufficient number of entries are received. In no event will more than the number of Prizes stated in these Official Rules be awarded. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, the Entrant’s sole remedy shall be another entry into the Instant Win.
LIMITATIONS OF LIABILITY AND RELEASE: As a condition of entering, Entrants agree to release the Sponsor, and Instant Win Parties, (collectively, “Releasees”) from any and all liability, loss, or damage incurred with respect to Entrant’s participation in the Instant Win and the awarding, receipt, possession, and/or use or misuse of any Prize. No liability or responsibility is assumed by the Releasees resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in the Instant Win. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Entrant or by any of the equipment or programming associated with or utilized in the Instant Win, or by any technical or human error which may occur in the processing of the entries. No responsibility or liability is assumed by the Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Instant Win: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of any Website or Application in whole or in part for any reason; traffic congestion on the Internet or any Website or Application; unauthorized human or non-human intervention in the operation of the Instant Win, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Instant Win. Sponsor is not responsible for any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Website or App. Use of any Website or Application is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Instant Win, use of any Website or Application or the download of any information from a website or any other loss related to user’s participation in the Instant Win or receipt of any Prize. 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 INSTANT WIN PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
BINDING ARBITRATION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Rules, including, without limitation, the Instant Win. 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 Instant Win 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 Instant Win 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 INSTANT WIN IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS INSTANT WIN, 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 INSTANT WIN, 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.
PUBLICITY: Submission of an entry, including any Prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your Entrant Data for Instant Win administration purposes and shall be subject to the Frito Lay Privacy Policy available at https://contact.pepsico.com/fritolay/privacy-policy.
Winner must consent (and confirm such consent in writing upon request) to the use of his/her name, voice, picture or other likeness without compensation for promotional purposes in all media as determined by Sponsor, except for residents of TN and where prohibited by law. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Instant Win materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Instant Win, 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 thereof. By entering, Entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Collin or Dallas counties, Texas for the resolution of all matters or proceedings which are not subject to arbitration as set forth in the Binding Arbitration clause of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
CUSTOMER SERVICE AND INSTANT WINNERS’ LIST REQUEST: For a list of Instant Winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, The Frito-Lay Play Together, Win Together Instant Win, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than July 15, 2024.
For questions on the Instant Win, email support@pepsipromotionsupport.com no later than July 15, 2024.
SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, Texas 75024.
ADMINISTRATOR: Southern Made Services, LLC, 844 Hillwood Blvd., Nashville, TN 37209.