2018 Black HistoryMonth “Team Up For Change”Sweepstakes Official Rules
THE FOLLOWING 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 AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING IN THE 2018 BLACK HISTORY MONTH “TEAM UP FOR CHANGE” SWEEPSTAKES (“SWEEPSTAKES”), ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal U.S. residents of one of the 50 United States or the District of Columbia and 18 years of age (19 in AL or NE) or older at the time of entry. The following persons are not eligible to participate: Employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”) including its affiliates and agents, and their respective 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 months during the twelve-month period preceding the start date of the Sweepstakes).
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 p.m. (noon) Central Time (“CT”) on January 29, 2018 and ends at 11:59:59 p.m. CT on February 28, 2018 (“Sweepstakes Period”). The Sweepstakes Period is divided into five (5) weekly entry periods (each a “Week”) as defined in the table below. The time clock of computer administering this Sweepstakes is the official clock for this Sweepstakes.
|Week||Start Date/Time||End Date/Time||Drawing Date|
|1||01/29/18, 12:00:00 p.m. CT||02/03/18, 11:59:59 p.m. CT||02/05/18|
|2||02/04/18, 12:00:00 a.m. CT||02/10/18, 11:59:59 p.m. CT||02/12/18|
|3||02/11/18, 12:00:00 a.m. CT||02/17/18, 11:59:59 p.m. CT||02/19/18|
|4||02/18/18, 12:00:00 a.m. CT||02/24/18, 11:59:59 p.m. CT||02/26/18|
|5||02/25/18, 12:00:00 a.m. CT||02/28/18, 11:59:59 p.m. CT||03/01/18|
3. HOW TO ENTER: During the Sweepstakes Period, visit CelebrateBlackHistory.com (“Web Site”) and follow the online instructions to complete the registration form, create a (digital) personalized team jersey, and submit your entry to receive one (1) entry into the corresponding Weekly Drawing and one (1) entry into the Grand Prize Drawing (both drawings defined in Rule #4). Entries will not be judged. All entrants must have a valid email address.
Limit one (1) entry per person/email address per day. A “day” is defined as the 24 hours between 12:00:00 a.m. CT and 11:59:59 p.m. CT of the same day with the exception of the first day of the Sweepstakes Period which shall begin at 12:00:00 p.m. CT and end at 11:59:59 p.m. CT of the same day.
Each submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of entries and/or prizes, is prohibited and such persons will be disqualified and all entries shall be deemed invalid and any prize won shall be forfeited.
4. DRAWINGS: One (1) Weekly Prize winner will be selected for each Week of the Sweepstakes Period in a random drawing to be held on or about the corresponding Drawing Date listed in Rule #2 from eligible entries received for the corresponding Week (“Weekly Drawing”). Entries will not carry forward to subsequent Weekly Drawings. One (1) Grand Prize winner will be selected on or about March 1, 2018 from eligible entries received for the Grand Prize drawing (“Grand Prize Drawing”). Odds of winning depend on the number of eligible entries received for a given drawing. All drawings will be conducted by an independent judging agency designated by Sponsor, whose decisions are final in all matters relating to this Sweepstakes. Limit one (1) Weekly Prize per person/household. A Weekly Prize winner is eligible to win the Grand Prize.
5. PRIZE DETAILS: Grand Prize (1): Trip for winner and four (4) guests to attend a 2017-2018 regular-season NBA Game (“Game”) (subject to availability). Final decision of Game choice shall be determined by Sponsor, in Sponsor’s sole discretion. Exact Game (teams/date/location), hotel accommodations, and travel dates to be determined at a later date by Sponsor, in Sponsor’s sole discretion. Trip consists of round-trip coach air transportation (from major airport nearest winner’s home), double and/or quad-occupancy hotel accommodations for one (1) night (up to two  rooms), five (5) tickets to the Game; and $1,000 in American Express gift cards (subject to terms and conditions as set by issuer). If winner cannot accept prize as stated by Sponsor, prize may be forfeited. Tickets are subject to terms and conditions specified thereon. Seat locations will be determined by the NBA. Game, travel and accommodations are subject to availability and change. Ground transportation, meals, gratuities and all other expenses not specified herein as part of the prize are solely winner’s responsibility. Winner will be required to provide a credit card prior to hotel check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. All travel subject to availability, government restrictions and regulations, hotel, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Other restrictions may apply. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled prize-related activities (including, but not limited to any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, or prize providers) beyond its control. In the event the winner and/or his/her guest(s) misses a scheduled airline flight (through no fault of Sponsor or due to Force Majeure), Sponsor will have no liability for any costs associated with changing or rebooking any transportation. Winner and guests must have all necessary identification and/or travel documents (e.g. passport or valid driver’s license) required for travel. Winner and guests must travel on same itinerary. If a guest is a minor (under the age of 18; 19 in AL or NE) he/she must be accompanied at all times by minor's parent or legal guardian who must be the winner or one of the winner’s guests. Guest(s) (or their/his/her parent or legal guardian if a minor) must complete and return a Liability/Travel Release within two (2) days of winner’s prize acceptance (see Rule #7). Approximate Retail Value (“ARV”): $9,700. Actual value may depend on city/date/time of departure. Weekly Prizes (5 total; awarded one per Week): $100 NBA Online Gift Certificate redeemable at www.NBAStore.com. Subject to terms and conditions as set by issuer. ARV: $100.
Total ARV of all prizes: $10,200. Winner must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate potential winner. Any difference between the stated value and actual value will not be awarded.
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor, Promotion Parties or the NBA Entities 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 the Sponsor or the 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 or Internet connectivity or other online or network communication problems; errors or limitations of any Internet 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 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 an email account used in connection with the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of 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 equipment resulting from participation in the Sweepstakes. In the event of an identity dispute, entry will be considered made by the registered owner of the email address associated with the account used for entry. “Registered owner” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
7. WINNER NOTIFICATION: Potential Weekly Prize winners will be notified by phone, email and/or mail. The potential Grand Prize Winner will be notified by phone and/or email and will be required to respond to the notification within forty-eight (48) hours indicating whether he/she can accept the prize. Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within two (2) days of his/her prize acceptance and as stated on the Affidavit via fax, email and/or overnight mail. Sponsor is not responsible for any change in entrant's email address, mailing address and/or telephone number. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if winner cannot be verified, or if winner is otherwise unable to accept the prize as stated, prize may be forfeited. Weekly Prizes will be delivered within four (4) to six (6) weeks of winner verification. If a Weekly Prize is returned as undeliverable, the prize will be forfeited and Sponsor shall have no further liability to award that prize.
8. RELEASE OF LIABILITY: By participating in the Sweepstakes, entrants agree (a) to release Sponsor and Promotion Parties, the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents (“Released Parties”) from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Sweepstakes; (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, recipients (a) agree that 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, including travel thereto and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor to Sponsor, the NBA Entities and their designees and assigns the right to use his/her name, photograph, likeness, voice, image, statements, biographical information at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Released Parties are not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
9. GENERAL CONDITIONS: Winners are solely responsible for any taxes on the prize and will receive an IRS Form 1099 for the ARV of the prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a 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, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the entry process, and (b) cancel, modify or terminate the Sweepstakes. In the event of cancellation, Sponsor will randomly award the remaining prizes among all eligible, non-suspect entries received prior to cancellation. 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.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE 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.
10. WINNER'S LIST: For the names of the winners, send a self-addressed, stamped envelope to be received by April 2, 2018 to: 2018 Black History Month “Team Up For Change” Sweepstakes, 10 South 5th Street, 7th Floor, Dept. 865-7000, Minneapolis, MN 55402.
11. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024-4099.
© 2018 Frito-Lay North America, Inc.
The NBA and NBA member team identifications are the intellectual property of NBA Properties, Inc. and the respective member teams.
© 2018 NBA Properties, Inc. All Rights Reserved.
Frito-Lay, Inc. has guaranteed Thurgood Marshall College Fund, Inc. a minimum contribution of $20,000 and a maximum donation of $25,000. Charity: Thurgood Marshall College Fund, Inc., 901 F Street NW, Suite 300, Washington, DC 20004, 202-507-4851.