Oh LAY'S® Social Challenge

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.

OH-LAY'S AUDIO SOCIAL SWEEPSTAKES (“SWEEPSTAKES”) OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents residing in one (1) of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older at the time of entry (nineteen [19] or older if a resident of Alabama and Nebraska) and have a valid U.S. driver’s license or government-issued photo ID. The following persons are not eligible to participate: employees, contractors, directors, and officers of Frito-Lay, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, prize supplier, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three [3] months during the twelve-month period preceding the start date of the Sweepstakes).

2. SWEEPSTAKES PERIOD: Sweepstakes begins at 1:00:00 PM Central Standard Time (“CST”) on April 22, 2024, and ends at 11:59:59 PM CST on May 13, 2024 (“Sweepstakes Period”). The computer of Sponsor's Web master is the official time-keeping device of the Sweepstakes.

3. TO ENTER: During the Sweepstakes Period, consumers will utilize the official “Oh-Lay’s” audio to create their own TikTok video and share it on their personal TikTok account. That one (1) video will count as an "Entry”, so long as it meets appropriate platform content and Sweepstakes guidelines. To access the audio, consumers can open the free TikTok app and tap “+” on the bottom of the home screen to create a video. Tap “Add Sound” from the top of the camera screen and search for “Oh-Lay’s” using the search bar. They can tap “Play” to preview the sound or “Bookmark” to save the sound and then select “Check” to add the sound to their own personal video. Consumers will need to use #OHLAYS and #SWEEPSTAKES in their TikTok caption and have a public TikTok account to have a valid video entry.

To participate and enter this Sweepstakes, consumers will need to download the TikTok application from their mobile or tablet device’s app store or access TikTok from https://www.tiktok.com/ and sign up for a TikTok account (“TikTok Account”), if they do not already have one. Creating a TikTok Account is free. By submitting your information and creating a TikTok Account, you will be required to agree to the TikTok terms of service and privacy policy. If you do not agree to TikTok’s terms of service and privacy policy, you cannot create a TikTok Account or enter this Sweepstakes. Entries will not be judged. Limit one (1) entry per person during the Sweepstakes Period.

Use of multiple TikTok accounts (more than one per platform) per Entrant or the manipulation of an Entrant’s contact information for the purpose of obtaining more than the stated number of entries is prohibited and such persons will be disqualified and all their Entries shall be deemed invalid.

All Entries must be received and recorded during the Sweepstakes Period. By submitting an Entry, Entrant agrees that his/her Entry conforms to the “Entry Guidelines” specified in Section 4.

Entries must comply with these Official Rules and the TikTok posting guidelines and terms and conditions, as applicable. In the event of a conflict between these Sweepstakes Official Rules and any TikTok posting guidelines or terms and conditions, these Sweepstakes Official Rules shall govern.

Multiple entrants may not share the same TikTok account. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the TikTok account associated with the winning Entry and/or an eligible Entrant.

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

Any additional content, including photos and/or copy, included in connection with an Entry shall constitute a part of Entrant’s Entry. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration or notice to the Entrant.

4. ENTRY GUIDELINES: By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the Entry 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. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) that you have obtained permission from a person whose name, likeness or image (if any) is used in the Entry, and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each Entrant will indemnify and hold harmless Sponsor and Promotion Parties from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos [other than Sponsor’s]) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.

As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) Must comply with these Official Rules and any Terms of Service on the applicable Web Site; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, or contain nudity; (c) Cannot promote alcohol, marijuana, illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except Sponsor’s trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Sponsor’s products), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by Sponsor) without permission; (i) Cannot contain background artwork, unless it is an original work of the entrant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (l) Cannot depict, and cannot itself, be in violation of any law.

If you think that any Entry infringes your intellectual property rights, please follow the notification guidelines as stated herein. Frito-Lay, Inc. investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Frito-Lay’s Designated Agent to receive notifications of claimed copyright infringement is: By Mail: Jeanette Zimmer, 7701 Legacy Drive, Mail Drop 3A-160F, Plano, Texas 75024. By Email: Jeanette.zimmer@pepisco.com. Your notice of claimed infringement must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.

ENTRIES POSTED TO ANY OF SPONSOR’S WEB SITES OR SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion.

5. DRAWING: Potential winner will be selected in a random drawing to be held on or about May 20, 2024 from among all eligible Entries received by Sponsor, whose decisions shall be final during the Sweepstakes Period. Odds of winning depend upon the number of eligible Entries received.

6. PRIZE DETAILS: One (1) grand prize will be awarded consisting of a soccer jersey, autographed by Lionel Messi. The jersey size awarded is solely at the discretion of the Sponsor. Approximate Retail Value (“ARV”): $4,000 USD.

Prize General Terms: Prize is non-assignable and non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with a prize, the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prize will be awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes received, regardless of whether they, in whole or in part, are used. Prize winner will receive an IRS Form 1099 in January 2025 reporting the value of the prize at $600 or over. Prize winner is responsible for paying taxes on the full ARV of the prize awarded to them. The ARV of the prize is based on available information provided to Sponsor. An unclaimed and/or unused prize element will remain the property of Sponsor. Winner must accept prize as stated by Sponsor or prize may be forfeited. Prize, if legitimately claimed, will be awarded. The Sweepstakes Parties are not responsible for any delays in awarding the prize for any reason, and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. The Sweepstakes Parties are not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prize will be fulfilled approximately 2 to 4 weeks after the winner is confirmed after the end of the Sweepstakes. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of the prize. Winner shall bear all risk of loss or damage to prize after it has been delivered.

Winner irrevocably waives all claims against the Sponsor and the Promotion Parties, and agrees that the Sponsor and the Promotion Parties will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes, the prize awarded, personal injury, or wrongful death, arising as a result of Entrant’s participating in the Sweepstakes wherever, whenever or however the same may occur.

7. WINNER NOTIFICATION: Potential winner will be notified on or about May 20, 2024, in the following manner:

Direct Message: Sponsor or Sponsor’s agency partner will contact the potential winner via Direct Message on TikTok about their Entry submission (using the handle provided as part of Entry submission). Potential winner must respond to the Sweepstakes message within twenty-four (24) hours of notification or prize may be forfeited and an alternate winner selected (time permitting). Potential winner may then be asked to provide a valid email address to receive and send additional information needed.

Sponsor is not responsible for any change in Entrant's email address, social media account, mailing address and/or telephone number. Winner may be required to complete, sign and return a notarized Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within seventy-two (72) hours of prize notification. If attempted notification or prize is returned as undeliverable, if winner cannot be verified or if winner is otherwise unable to accept the prize as stated, if required documents are not returned within the stated number of days or if winner is otherwise disqualified, prize may be forfeited. Upon forfeiture for any reason, no compensation will be given.

8. LIMITATIONS OF LIABILITY AND RELEASE: Incomplete, unintelligible or deceptive Entries are not eligible. No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from Entrant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by 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 online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; 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 a social media account used 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, the processing of Entries, the announcement of the prize or in any Sweepstakes-related materials. Use of a Web Site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer or web-enabled device resulting from participation in the Sweepstakes. In the event of an identity dispute of an entrant, the Entry will be considered made by the authorized account holder of the TikTok account the Entry is submitted from at the time of entry. The “authorized account holder” is the person who is assigned to the TikTok or email account by the online service provider. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

9. RELEASE OF LIABILITY: By participating in the Sweepstakes, Entrants agree (a) to release Sponsor, the Promotion Parties, TikTok, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, and representatives (collectively, the “Released Parties”), from any and all claims or actions of any kind whatsoever for injuries, damages or losses to persons and property, including bodily injury and death, arising from or relating to such entrant's participation in the Sweepstakes, or relating to the receipt, ownership or use of any prize awarded or any typographical or other error in these Official Rules or the announcement of offering of any prize; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant 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, winner (a) agrees that the Released Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes; from acceptance, possession, misuse or use of any prize, and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and its designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) 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 or consideration, unless prohibited by law. The Released Parties are not liable in the event that any portion of the Sweepstakes (including any prize) is compromised, modified or canceled due to weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control (a “Force Majeure Event”).

10. DISPUTE RESOLUTION: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. 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 the State of 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 Sweepstakes 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 the State of 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 doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of 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 Sweepstakes 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.

11. GENERAL CONDITIONS: Winner is solely responsible for any taxes on the prize and will receive an IRS Form 1099 for the value of the prize. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prize will not be awarded. If the 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 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 reserves the right to (a) cancel, suspend and/or modify the Sweepstakes, or any part of it, and (b) disqualify any individual who is responsible for such action. If terminated or canceled, Sponsor may, in its sole discretion, randomly award the prize among all eligible, non-suspect entries received prior to cancellation. This Sweepstakes is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts for Collin or Dallas Counties, Texas.

Please see Sponsor’s privacy policy located at http://www.fritolay.com/legal/privacy-policy.htm for details of Sponsor’s policy regarding the personal information collected in connection with this Sweepstakes. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern. Additionally, any communication between Entrant and Sponsor or its agencies regarding this Sweepstakes (e.g. phone calls, text messages, chats, email, etc.) may be recorded for quality assurance and training purposes. Winner’s name may be included in a publicly available winner’s list.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE A WEB SITE 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.

12. WINNER'S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by July 10, 2024 to: OH-LAY'S AUDIO SOCIAL SWEEPSTAKES Winner's List, c/o Lay’s, 7701 Legacy Drive, Plano, TX 75024.

This Sweepstakes is in no way sponsored, endorsed or administered by TikTok. You understand that you are providing your information to Sponsor and not solely to TikTok. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to TikTok.