“Win With Frito Lay Campaign 2024”

TERMS AND CONDITIONS

Full Terms and Conditions

Win With Frito Lay Campaign 2024 (“Promo”) is organized by PepsiCo (Malaysia) Sdn Bhd, a corporation duly existing under Malaysian law, with principal office at Common Ground, Horizon Penthouse, 1 Powerhouse, N.o 1, Persiaran Bandar Utama, 47800 Selangor, Malaysia, referred to herein as the (“Organizer”). The Promotion is administered by TLC Marketing Worldwide (Singapore) Pte Ltd, a company duly existing under the laws of Singapore (UEN: 201923399W) 1 Harbour Front Ave, Keppel Bay Tower, #05-02 Singapore 098632, referred to herein as the (“Administrator”). All correspondence regarding this Promotion should be directed to this address or through the Promotional Helpline. By participating in this Promo, participants acknowledge that they have read, understood, and unconditionally agree to comply with and abide by these Terms and Conditions. The decisions of the Organizer for all matters relating to the Promo shall be final and binding in all respects.

Please note that while the Organizer encourages customers to participate and enjoy the benefits of the Promotion, the Organizer believes in responsible consumption of their products. The Organizer discourages purchasing more product than what consumers can reasonably use or consume just to participate in this Promotion.

A.     Eligibility

An Entrant must meet all the following conditions of entry (“Entrant”):

1.       The “Win With Frito Lay Campaign 2024” (the "Campaign") is opened to all Malaysian citizens, permanent residents, work permit holders, and is valid in Malaysia only. Except PEPSICO (MALAYSIA) Sdn Bhd subsidiaries, distributors, sales representatives, retailers, advertising and promotion agencies, and all other service agencies and providers involved with the Campaign, and members of their immediate family (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and households of each, whether or not related. Participants under the age of 18 are required to obtain parental consent prior to participation in the Campaign. By participating in this Campaign, such consent is deemed to have been obtained. For such participants, the Organizer considers it the responsibility of parents and/or guardians to monitor participants’ participation in this Campaign.

2.       As a condition of entering this Promotion and in the event an Entrant is a Monthly Prize Draw Winner, an Entrant consents to the Organizer and/or Administrator using the Entrant’s name and locality in any media in the Singapore for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Organizer or Administrator.

B.      Duration

1.       The Promotional Period is from 30 September 2024, 12.00am until 31 December 2024, 11.59pm (the "Promotional Period").

2.       The Redemption Period is from 30 September 2024, 12.00am until 31 January 2025, 11.59pm (the "Redemption Period").

3.       New entries received after 11:59PM, 30 November 2024 will not be accepted. Purchases made on 30 November 2024 must submit within the same day, before 11:59pm.

4.       The Organizer’s computer will be the official clock of the Promo. Any new entries received after 30 November 2024 will not be valid and will not be entered into this Promo. If you have purchased within Promo period, you have until 31 December 2024 to claim your reward(s).

5.       PEPSICO (MALAYSIA) Sdn Bhd the (“Organizer”) reserves the absolute right to shorten or extend the Promotional Period if deemed necessary without the need to provide prior notice.

C.      How to Participate

1.         During the Promotional Period, visit any participating outlets listed below, in Malaysia and purchase any of the Frito Lay participating products (“Qualifying Purchase”) from a Participating Outlet. For the purposes of this promotion, the Participating Outlets (“Participating Outlets”) are listed in Schedule 1 below.

2.         For the purpose of this promotion, the Participating Products (“Participating Products”) are as follows:

3.         Upon making a Qualifying Purchase, Entrants should visit the promotional website by scanning the generic QR code found on promotional pack stickers, point-of-sale materials, or on Lay’s social media accounts (Instagram: @laysmalaysia, Facebook: Lay’s Malaysia), or entering the address, https://winwithfritolay.my (“Promotional Website”), on their browser, where they will need to fill up a Participation Form (“Participation Form”) by entering the following information:

a. First Name

b. Last Name

c. Mobile Number

d. Email Address

e. Date of Birth

f. Upload Official Receipt (“Proof of Purchase”),

g. Agree to the Terms and Conditions and Privacy Policy of the Promotion and PepsiCo consent letter,

4.         After successful completion of the Participation Form, Entrants will immediately receive a confirmation of their entry submission via email (“Participation Confirmation Email”).

5.         Entries will be verified by the Administrator within 2 business days, from the date of entry. Each entry will be verified and only one (1) reward can be claimed per entry.

6.         Participants may take part in the promotion more than once if participant have purchased more than one (1) qualifying Frito Lay snack in a single receipt. If participant have purchased multiple Frito Lay Snacks in one (1) single receipt, are required to submit each entry and receipt separately.

7.         Participating Products may not always be available for sale in all participating outlets during the Promo Period. The Organizer accepts no responsibility for any participating products being unavailable at the participating outlets during the Promo Period.

D.     How to Claim Standard Prizes

1.       Upon verification, Entrants will receive a confirmation email with the next steps on how to claim their rewards from noreply@winwithfritolay.my confirming their successful entry to the promotion.

2.       Entrants can choose one (1) prize per entry from the Standard Prizes:

3.       In the confirmation email, Entrant can access the Unique Claim Link to the rewards website, view the available rewards and select their choice of reward. Upon successful selection, Entrant will receive an email on their e-Voucher pertaining to the prize details.

4.       Claims will be deemed to be received only when acknowledged by the Administrator. The Organizer and Administrator are not liable for any problems with communication networks including but not limited to email blockage, incoming call rejections. If an Entrant enters using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, they may be disqualified.

5.       All Standard Prizes are tax-free, non-transferrable, exchangeable, and non-convertible to cash. The picture of prizes depicted on the press ads/posters/digital materials etc. are only representative.

6.       Each of the Standard Prizes will be bound by the Promotional Partner’s terms and conditions.

E.      How to Win Monthly Prize Draw Prizes

1.       Entrants who have made a successful entry by way of standard prizes outlined in clause D, will automatically receive an entry into the Monthly Prize Draw, pertaining to the Monthly Prize Draw table below.

2.       Maximum of three (3) Monthly Prize Draws will be conducted throughout Redemption Period, refer to specified dates in the Monthly Prize Draw table below.

3.       Maximum of eight (8) resort staycation prizes to be won over the three-month period.

4.       Terms and Conditions around the Monthly Prize Draw are outlined in Schedule 2, below.

5.       Winners for the Monthly Prize Draw will be drawn according to the table below, following 1st Prize Draw, 2nd Prize Draw and 3rd Prize Draw:

6.       The Monthly Prize Draw will be conducted through a computerized draw where winners will be randomly selected.

7.       The lucky winners will be contacted on behalf of the Administrator within the next 5 working days after the draw and the winners name will be announced on Lay’s Social Media accounts (Instagram: @laysmalaysia, Facebook: Lay’s Malaysia) refer to dates in Monthly Prize Draw table above.

8.       Monthly Prize Draw Redemption Process:

a.       Each winner of the Monthly Prize Draw will receive an email (“Congratulatory Email”) confirming they are one (1) of the lucky winners.

b.       The winners will be contacted within five (5) working days (“Verification Call”) by a nominated agent at any time Monday to Friday between the hours of 9:30am and 5:30pm, excluding weekends and Public Holidays. Winners may be requested to provide a scanned copy or photo of the Promotional Pack and Proof of Purchase. IMPORTANT: To be eligible to redeem the Monthly Prize Draw prize, the Entrant must be able to supply the image of the participating product and their proof of purchase within 7 working days if requested for validation otherwise the claim will be deemed ineligible, and the prize will be deemed unclaimed.

c.        Following the successful verification of the winner, the Administrator will serve as the main point-of-contact and concierge the Resort Staycation booking directly with the winner through email and phone line.

                                                               i.      The winner will receive a travel booking document wherein winner is to provide their full name, email address, phone number, travel dates, destination, number of persons travelling and room type.

                                                              ii.      The Administrator will search for resorts available based on the travel booking document and share the available resorts directly with the winner. Winner may decide on the resorts available at that time of availability.

                                                            iii.      Upon confirmation on the selection of resort, Administrator will confirm the booking, and a confirmation email will be sent to the winner’s email address.

d.       Resort staycation prize must be taken as and when specified or will be forfeited with no replacement, if winner decides not to proceed.

e.       In the event the potential winner does not respond to the initial contact within 7 working days, the organizer reserves the right to disqualify the winner.

f.         Confirmation of resort staycation booking with Administrator must be completed within 3-months from date of Congratulatory Email. Should the winner not comply, Monthly Prize Draw Prize may be forfeited with no replacement.

g.       If a winner is disqualified, the Organizer reserves the right to return the Prize to the Promotion Prize pool which may be won by another participant during the Promo Period.

h.       The Winners' will be announced at Lays Malaysia Facebook and Instagram page.

Other Terms & Conditions

1.       Entrants will be required to keep the physical receipt as Proof of Purchase, or a photo of the physical receipt as Proof of Purchase wherein the case of an issue, Administrator will require it for verification purposes.

2.       Prizes Fulfilment: Where Winners have won a prize, the Organizer will endeavor to fulfil these Prizes from 30 September 2024 to 31 January 2025. Rewards are subject to availability and are not exchangeable or redeemable for cash. If a reward is unavailable, for whatever reason, the

3.       All decisions made by the Organizer in relation to this Campaign including but not limited to the selection of winners and forfeiture of Campaign Prizes (if any) shall be final, conclusive and binding. No correspondence or appeals will be entertained. The selection of the winners shall be in accordance to the Participants’ satisfaction of the Campaign entry criteria and determined at the Organizer’s sole and absolute discretion.

4.       The Organizer reserves the right to substitute any one of the prize(s) with items of equivalent value at any time without prior notice. All prizes are not transferable, non-refundable and non-exchangeable for cash and will only be presented to winners who are able to satisfy the Organizer’s prize claiming requirements as set out herein.

5.       In the event that a participant or winner is not contacted on their prize redemption details within 2 working days on their standard prizes or 5 working days on their monthly prize draw prizes, the participant should contact contact@winwithfritolay.sg. If the participants do not inform the Organizer/ Administrator within this time frame, the Organizer

6.       The Organizer will not be held liable in the event of non-receipt or delayed delivery of any form of notification to the participants. All costs incidental to the participant’s participation in the Campaign and redemption and/or usage of the prizes shall be solely borne by the winners.

7.       The Organizer will not be held liable in the event accidental damages and/or unforeseen circumstances that lead to injury, disability or death of participants as a result of participating in the Campaign.

8.       The Organizer reserves the right, in its sole discretion, to disqualify any Participant that is found or suspected of tampering with the Campaign mechanics, the operation of this Campaign or to be in violation of these Terms and Conditions.

9.       The Administrator is not responsible for any tax implications arising from an Entrant winning a prize. Entrants should seek independent financial advice.

10.    The Promotional Website may contain links to other websites (“Linked Sites”), including websites of Promotional Partners (“Promotional Partner Websites”). The Promoter is not responsible for the content of any Linked Sites, whether or not the Administrator are affiliated with the Linked Sites. The Administrator does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or postings from Entrants, the Administrator shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Entrants’ convenience only, and Entrants agree to access them at their own risk.

11.    If the Campaign is not capable of being administered for any reason, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, any technical failure, communication network failure, hardware and/or software failure, transmission failure, internet line failure and/or otherwise, PEPSICO (MALAYSIA) Sdn Bhd shall not be held liable for the same and , PEPSICO (MALAYSIA)  Sdn Bhd may, with or without notice, do as it deems fit including without limitation cancelling and/or suspending this Campaign

12.    By entering into this Campaign, you have agreed to waive any rights to claim ambiguity with respect to these Terms & Conditions and to waive all rights to bring any claim, action or proceeding against any of the Organizer, its affiliates, subsidiaries, promoters and agents of the following: a) any additional expenses incurred by participants for taking part in the Campaign; b) any sort of technical failure; c) intervention by unauthorized parties during the Campaign; d) electronic or human errors in the administration of the Campaign and processing of entries; e) any data entry that is lost, stolen, damaged, wrongly delivered or not received which is not due to the negligence or willful default of the Organizer or any circumstance in connection with the Campaign.

13.    To forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with:

                     i.            the violation of any third-party privacy, personal, publicity or proprietary rights;

                   ii.            typographical or printing errors in these Official Rules or any Campaign materials;

                  iii.            acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuser, misuse, inability to use, loss, damage, destruction, negligence or wilful misconduct in connection with the use of a Prize (or any component thereof);

                  iv.            any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond the Released Parties control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi- governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any  of  the  Released  Parties’ control, or as otherwise permitted in these Terms & Conditions;

                    v.            any interruptions in or postponement, cancellation or modification of the Campaign;

                  vi.            human error;

                vii.            incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof);

               viii.            any technical malfunctions or unavailability of the Page or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Participant;

                  ix.            interruption or inability to access the Promo, the Page or any other Campaign-related websites or any online service via the Internet due to hardware or software compatibility problems;

                    x.            any damage to participant’s (or any third person’s) equipment used to access the Promo and/or its contents related to or resulting from any part of the Campaign;

                  xi.            any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions;

                 xii.            any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries;

               xiii.            any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties;

               xiv.            lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof);

                 xv.            the negligence or willful misconduct by Participant;

               xvi.            any failure to comply with its obligations or any delay in performing its obligations within these terms and conditions. If an act, omission, event or circumstance occurs caused by (but not limited to) global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God, or any other circumstances beyond the reasonable control of the Organizer.

14.    All participants unconditionally agree to assume full liability and responsibility to the extent permitted by law in the event of any loss, mishap, injury, damage, claim, or accidents (including death) suffered as a result of or arising from their participation in this Campaign, redemption and/or utilization of the prizes.

15.    All entries submitted for the Campaign shall become the property of the Organizer. The Organizer reserves the right to use, publish, disclose or display the name, address, photograph, recording, particulars and/or documents of all winners for advertising and publicity purposes, without compensation to the winners (or where applicable, their authorized representatives). The winners or their duly authorized representatives may be required to attend prize presentations and/or participate in publicity programs, which the Organizer may from time to time organize in connection with the Campaign and if so, such winner(s) or their duly authorized representatives should attend such functions at their own cost and expense.

16.    Participants may receive future promotional messages from the Organizer for which Participant can choose to opt out anytime via an unsubscribe link in the promotional message itself.

17.    The Organizer reserves the right to change, cancel, terminate or suspend the Campaign at any time without prior notice. For the avoidance of doubt, any cancellation, termination or suspension by the Organizer of the Campaign shall not entitle the participants to any claim or compensation against the Organizer for any or all loss or damage suffered or costs and expenses incurred by the participant either directly and/or indirectly arising from or in connection with the cancellation, termination or suspension of the Campaign by the Organizer.

18.    By participating in this Campaign, participants are taken to have read, understood and agreed to be bound by these Terms and Conditions, and accept that all decisions by the Organizer are final and binding. The Organizer reserves the right to change, amend, add or delete any of these Terms and Conditions at any time without prior notice to the participants and the participants agree to be bound by such changes.

19.    The protection of personal data is an important concern to PEPSICO (MALAYSIA) Sdn Bhd. The personal data collected in the entry form and as provided by the participant for the purpose of this Campaign will be processed in accordance with the Personal Data Protection Notice of PEPSICO (MALAYSIA) Sdn Bhd. By participating in this Campaign, the participant provides his/ her consent to PEPSICO (MALAYSIA) Sdn Bhd processing his/her personal data in the manner set out in Personal Data Protection Notice and permits PEPSICO (MALAYSIA) Sdn Bhd to contact the participant regarding the Campaign and the results of the Campaign. All participants acknowledge receipt of the PDPA Notice by the organizer as follows:

20.    The Personal Data Protection Act 2010 (hereinafter referred to as the “PDPA”), which regulates the processing of personal data in commercial transactions, applies to the PepsiCo (Malaysia) Sdn Bhd (hereinafter referred to as “PepsiCo”, “our”, “us” or “we”) as a data user. For the purposes of this written notice, the terms “personal data” and “processing” shall have the same meaning as prescribed in the PDPA.

                     i.            This written notice (“Notice”) is issued by us and serves to inform you that your personal data is being processed by or on behalf of PepsiCo.

                   ii.            The personal data processed by us may include your name, national registration identity card number (NRIC no.), contact number, address, occupation, email address, bank account details and any other details that you have provided or may provide us with in the documents as prescribed in sub paragraph (iv.) of this Notice or otherwise as well as all other details relating thereto.

                  iii.            We are processing your personal data, including any additional information you may subsequently provide, for the following purposes (“Purposes”), referring paragraph 14

                  iv.            Your personal data is and will be collected from you and/or from the information you have provided in the documentation that you have provided to us, all application/registration forms that you have been asked to complete, together with any other information that we may obtain about you from oral or written communications.

                    v.            You may access and request for the correction of your personal data and to contact us with any enquiries or complaints in respect of your personal data

                  vi.            In accordance with the PDPA, we may refuse to comply with your request for access or correction to your personal data and if we refuse to comply with such request, we will inform you of our refusal and reason for our refusal.

                vii.            Your personal data may be disclosed to the subsidiaries or related companies of PepsiCo and any governmental and/or quasi-governmental departments and/or agencies, regulatory and/or statutory bodies if requested by them, our auditors, our banks, business partners and/or service providers and any other third party that you have requested or authorized us to disclose your personal data to for the above purposes or for any other purposes for which your personal data was to be disclosed at the time of its collection or any other purposes directly related to any of the above Purposes.

               viii.            Your personal data may be transferred to a place outside Malaysia.

                  ix.            You are responsible for ensuring that the personal data you provide us is accurate, complete and not misleading and that such personal data is kept up to date.

                    x.            If you fail to supply to us the abovementioned personal data, we may not be able to process your personal data for any of the Purposes and in the case of an application with us; we will not be able to consider your application.

21.    The participant agrees that PEPSICO (MALAYSIA) Sdn Bhd has the right to disclose participants’ information in the event PEPSICO (MALAYSIA) Sdn Bhd believes that such disclosure is necessary to identify, contact or bring legal action against an individual who might cause or may be causing damage to or interfere (whether intentionally or otherwise) with PEPSICO (MALAYSIA) Sdn Bhd rights or property, which could be harmed by such activities. PEPSICO (MALAYSIA) Sdn Bhd may also disclose the personal data if required to do so by a court of law or other relevant body.

22.    The Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook. All information provided is solely provided to PEPSICO (MALAYSIA) Sdn Bhd, and not to Facebook.

23.    These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia.

24.    PEPSICO (MALAYSIA) Sdn Bhd reserves the right to vary add modify and/or alter these terms and conditions as and when it deems fit. Such variations may be communicated through modes of communication deemed suitable by PEPSICO (MALAYSIA) Sdn Bhd.

25.    WINNER OF WAIVER OF CLAIMS: By accepting a Promo Prize, a winner agrees to voluntarily waive, release and relinquish any and all claims, damages, losses, expenses, remedies, demands, debts, obligations, causes of action and/or claims for relief (collectively “Claims”) that a winner may have against the Released Parties and agrees to discharge, to indemnify and hold harmless the Released Parties from all Claims arising out of or relating to the Promo and/or a Promo Prize, including but not limited to Claims for bodily injury, personal injury, emotional distress, property damage, or death and/or dismemberment (collectively “Damages”) occurring to a winner or others. In addition, by accepting a Prize, a winner agrees to be responsible to research the details about a Prize including any inherent dangers associated with a Prize and as a result agrees to accept personal responsibility for any such dangers and any resulting Damages.

SCHEDULE 1: PARTICIPATING OUTLETS

1.       The Campaign is open to all consumers with valid purchases in participating hypermarkets, supermarkets and convenience stores registered in Malaysia and official online platform such as Pepsico Official Store (https://www.lazada.com.my/pepsico) and Lay’s Official Store (https://shopee.com.my/lays.os): -

SCHEDULE 2: MONTHLY PRIZE DRAW

A.     Monthly Prize Draw Prize – 8 Day, 7 Night Resort Stay

1.      The Monthly Prize Draw prize is an 8 Day, 7 Night Resort Staycation, available worldwide in Asia, Europe and The United States.

2.      Resort availability in countries may vary depending on the traveler’s destination and travel dates.

3.      The prize will be concierge and booked via Resort Vacation Certificates (RVC), https://www.resortcerts.com/tlcapac/ directly by the Administrator. Refer to clause 8 on redemption process.

4.      Resort staycation is valid towards a one-week (8 days and 7 nights) stay at available resorts worldwide.

5.      Resort validity is available upto 365-days time-period from time of booking.

6.      Resort staycation must be taken as and when specified or will be forfeited with no replacement, if traveler is unavailable.

7.      Destinations and travel times are subject to availability and confirmed on a first come, first served basis.

8.      Certificate includes only accommodations and specifically excludes travel costs, taxes, all-inclusive fees (as applicable), and other expenses that may be incurred.

9.      Promotional discounts and offers may not apply to all properties. Offer may not be combined with any other promotion, discount, or coupon. Offer void where prohibited by law.

10.    All prices based in U.S. dollars (USD). Certificates are for redemption during shoulder and off-season periods. Additional terms and conditions, including upgrade fee options, are available when you redeem the Certificate.

11.    Other restrictions may apply. See https://www.resortcerts.com/tlcapac/terms-and-conditions for more information.