Doritos PC Giveaway

FEB 8-10

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

1. Promotion Description: Doritos Triangle Studios PC  (“Sweepstakes”) begins on February 8, 2023, at 9:00 AM (Eastern) and ends on February 9, 2023 at 11:59 PM (Eastern) (the “Promotion Period”). By participating in the Sweepstakes, each Participant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of ESXL LLC (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.  In addition to these Official Rules, the Sweepstakes shall be subject to and governed by Sponsor’s Terms of Service located here https://nyxl.com/terms-and-conditions/.  If there is an inconsistency between the Terms of Service or these Official Rules, these Official Rules shall control. 

2. Eligibility: Open to legal residents of the United States who are thirteen (13) years of age or older at the time of entry.  Void where prohibited or restricted by law.  Participants under eighteen (18) years of age at the time of registration must have permission from a parent or legal guardian to participate.  The potential prize winners of this Promotion may be required to show proof of residency. Void where prohibited or restricted by law. Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or win a prize. 

3. Winner Selection: The winner of the Sweepstakes will be selected in a random drawing from among all eligible Participants entered into the Sweepstakes. The random drawing will be conducted by 48 Hours after the end of the Sweepstakes by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Participants. Winners will be notified via the contact information provided in the Sweepstakes Entry Form (e.g., by email and/or Twitter or Instagram direct messages) within 48 Hours after the random drawing. The winner must accept a prize by email as directed by Sponsor within 24 hours of notification. Any winner notification not responded to within 48 hours after having received such notification by Sponsor or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Sponsor. If the winner does not respond within the specified period, the claim to the prize expires. In such an event Sponsor shall be entitled to carry out a replacement draw in order to determine a new potential winner.

4. Prizes:  One (1) winner will receive one (1) Custom Doritos PC (approximate retail value or “ARV”: $4,500).  Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by the winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. The prizes will be sent to the winner by mail to the postal address provided. The risk is transferred to the winner when the prize is handed over to a postal delivery service. Sponsor shall not be responsible for delivery damages.

5. Sweepstakes Entry: Sponsor will host an event in Decentraland.com [link] (“Event”) and Participants must submit their information and play the “Triangle Tower” game.  Each Participant will need to play the game with their wallet connected to the decentraland account, submit their score, and then complete the entry form page and supply information requested at premint.yxz/doritos-pc1 (link). Each individual who plays the game and submits their score and information at the link during the Promotion Period will be entered into the Sweepstakes for a chance to win a prize (each a “Participant”).  Automated or robotic responses submitted by individuals or organizations will be disqualified.  All responses must be made by the entrant. Any attempt by an individual to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s participation in the Sweepstakes and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All completion of the Sweepstakes Entry Form and participation in the game must be received by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official time keeper for this Sweepstakes.

6. Exclusion: A violation of these Terms and Conditions of participation entitles us to exclude the respective entrant from participation. This applies in particular if the Participant makes false statements or if photos or other content (e.g., comments) used violate applicable law or the rights of third parties. The same applies to comments that may be considered glorifying violence, offensive, harassing or degrading, or that otherwise violate social decency.  In the event that the excluded entrant is a winner who has already been drawn, Sponsor reserves the right to subsequently withdraw the prize.

7. Premature termination and amendments: Sponsor reserves the right to prematurely terminate the competition in whole or in part without reason at any time or to change its course if it is not possible to guarantee the proper execution of the competition for technical (e.g. computer virus, manipulation of or errors in software/hardware), legal or other reasons (e.g. prohibition by Facebook).

8. Privacy: All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. Personal data submitted as part of the Sweepstakes may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies.  Sponsor is responsible for the collection, processing, and use of personal data of Participants, insofar as Sponsor processes this data itself. Sponsor will only use the personal details of the Participant, as well as other personal data, within the framework of the legal provisions of applicable data protection laws. Sponsor will only store, process, and use the information to the extent that this is necessary for the implementation of the competition, or if the Participant has given his/her consent. This also includes use to exercise the rights of use granted. The data will be used exclusively for the purpose of carrying out the Sweepstake and will be deleted afterwards.  The entrant may at any time request information about the data stored about him or her.  The privacy policy of ESXL, LLC.  can be found at https://andbox.com/privacy-policy/.

9. Granting of rights of use: By entering the Sweepstakes, each Participant agrees to the posting and use of your name and/or photograph uploaded by you, on any website and in any and all media in and in connection with promotion, publicity and advertising for this Sweepstakes or other promotions by Sponsor without any further attribution, notification or compensation, except where prohibited by law. Sponsor may film, record and/or take photographs during the Sweepstakes and the activity taking place during the Sweepstakes and may use the resulting footage, recordings or photographs for a range of purposes, including, without limitation, for marketing and promoting Sponsor and/or the Promotion Entities and its products and services. By entering the Sweepstakes, you authorize Sponsor to film, record and/or photograph your and/or your avatar’s voice and likeness (“Image”), and also grant Sponsor the irrevocable right to use any footage, recordings or photographs of any such footage, recordings or photographs, or any reproduction or modification thereof (collectively, the “Recordings”) in any manner and medium throughout the universe an unlimited number of times in perpetuity for advertising, trade, promotion, exhibition or any other lawful purpose except where prohibited by law. By entering the Sweepstakes, except where prohibited by law you further waive any right of inspection or approval of the uses to which Sponsor may put the Recordings, and releases Sponsor from any and all claims arising out of or in connection with the Recordings, your Image or Sponsor’s use thereof.

10. Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating downloading materials in the Sweepstakes. 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 beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification. In the event of a dispute concerning who registered online to participate in the Sweepstakes, the registration will be declared to have been made by the authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.  Each Participant shall indemnify Sponsor and our affiliated companies against claims of third parties of any kind resulting from the illegality of photos used by the Participant. The indemnification obligation also includes the obligation to fully indemnify the organizer and its affiliated companies from legal defense costs (e.g. court and reasonable attorney’s fees).

11. Winner’s List: For a list of winners, please send request within thirty (30) days of the end of the Sweepstakes by mail with a stamped, self-addressed return envelope with the Sweepstakes name and addressed to: The Doritos Metaverse PC Sweepstakes, c/o ESXL, LLC, c/o Sterling VC, 150 Greenwich Street, Floor 49, New York, NY 10007.

12. Sponsor: The Sweepstakes is sponsored by ESXL, LLC, c/o Sterling VC, 150 Greenwich Street, Floor 49, New York, NY 10007.

13. Additional Rules:  No responsibility is assumed for any damage to your mobile device or computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, mobile device, hardware, software or program malfunctions, or other errors, failures or delays.  Without limiting the generality of the foregoing, no responsibility is assumed for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen submissions, prize notifications or other Sweepstakes materials, all of which are void; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. 

Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances or any other causes beyond the control of Sponsor which have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner from all eligible, non-suspect entries unaffected by the problem.  Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances. 

Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law. 

By participating in the Sweepstakes, each Participant releases PEPSICO, INC., FRITO-LAY, INC., FACEBOOK, TWITTER, and any of their respective parents, subsidiaries and affiliates from any liability.  PEPSICO, INC., FRITO-LAY, INC., FACEBOOK, TWITTER and each of its respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees will have no liability or responsibility for any claim arising in connection with participation in the Sweepstakes or any prize awarded.  PEPSICO, INC., FRITO-LAY, INC., FACEBOOK, TWITTER and any of its respective parents, subsidiaries or affiliates have not offered or sponsored this Sweepstakes in any way. 

All trademarks are the intellectual property of their respective owners. 

14. Final Provisions: Should these terms and conditions of participation contain invalid provisions; the validity of the remaining provisions shall remain unaffected.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.