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jenny_mette ADMIN July 7, 2010
Thank you for all of your amazing submissions. This group is now closed.

Group Description

Welcome to The Lay's® Happiness Exhibit

happiness.lays.com

We believe happiness is all around us. Our happiness exhibit will let you share your simple moments of happiness with America. And if you’re selected, with your permission, the photo you submit may even appear in the next Lay's® online ad, print ad, or online video!


How Do I Submit?

Once you've registered or logged in to your Flickr account. Click "Join this Group" on the top banner of this page. After doing so, you will be able to "add photos or videos" to this group. Please be aware of file size limitations enforced by Flickr, and read the group rules at layshappiness/rules prior to submission. And then submit as many pictures as you want!


What Happens After I've Submitted?

Your submissions will be reviewed for content and compliance with our rules and safety criteria. Please visit often to see your photos and others.

Group Rules

TERMS OF USE

Frito-Lay North America, Inc. ("Frito-Lay") maintains and makes available the “The Happiness Project” promotion (the “Project”) for your personal entertainment.

Please read these Terms of Use carefully before participating in the Project. If you do not accept these Terms of Use, then you may not participate in the Project. By participating in the Project you agree to be bound by these Terms of Use. These Terms of Use are subject to change by Frito-Lay at any time, effective when posted on this website. Your continued use after such notice will constitute acceptance by you of such changes.

Overview. The Project enables a person beginning at [12:00AM] on [March 12, 2010] to submit photographs of himself or herself depicting happiness (each, a “Photograph”) and have that Photograph displayed in a gallery along with other submitted Photographs on Frito-Lay’s website found at [happiness.lays.com] as well as for possible inclusion in advertising materials for Frito-Lay. .

Eligibility. The Project is open only to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of [March 12, 2010]. The Project is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. Additionally, if you are under 18 years old, you are not authorized to submit any content or information to Frito-Lay in connection with the Project without the explicit consent of your parent or legal guardian.

Use of the Project. This Project is for your sole personal and non-commercial use. Your participation in the Project is subject to these Terms of Use, additional Frito-Lay terms of use located at www.fritolay.com/terms-of-service.html and all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. If you submitted a Photograph to the Project via Flickr, your participation in the Project is also subject to Flickr’s terms of use located at info.yahoo.com/legal/us/yahoo/utos/utos-173.html.

The Photograph you submit must be of you alone or you must have the written consent to use the name, image, and likeness of each identifiable person appearing in the Photograph (or, if a minor, his or her parent’s or guardian’s written consent) in connection with the Project and in accordance with these Terms of Use. The Photograph you submit cannot contain any visible logos, drawings, tattoos, photographs, pictures, phrases, trademarks or other third party materials.

You represent and warrant that: (i) the Photograph that you submit is original and was created solely by you or, if you are not the creator of the Photograph, that you have permission from the copyright owner of the Photograph to allow you to submit the Photograph to the Project and to use the Photograph as otherwise permitted by these Terms of Use; (ii) the Photograph does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you), or that you have obtained all rights necessary to allow you to grant to Frito-Lay the rights granted herein; (iii) neither the Photograph, nor the use of the Photograph by Frito-Lay in accordance with the terms hereof will infringe upon or violate the intellectual property rights and/or other rights of any other person or entity or any applicable laws; and (iv) the name you submit in connection with your Photograph is your name and not the name of any third party.

You acknowledge and agree that you are solely responsible for each Photograph that you upload and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Project (collectively, “Content”) and agree that you will not hold Frito-Lay responsible or liable for any Content that you access on or provide via the Project.

The Content that you submit, including without limitation, the
Photographs, must not contain any content that:
•is inaccurate, false or misleading in any way;
•is defamatory, abusive, obscene, profane or offensive;
•infringes or violates another party's intellectual property rights (such as uploading materials for which you do not have written authority from the owner of such materials, or any materials depicted therein, to post via the Project);
•violates any party’s right of publicity or right of privacy;
•is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
•is illegal or promotes any illegal activities;
•disparages Frito-Lay and/or its competitors;
•contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
•contains any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.

No Content Monitoring. Frito-Lay is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with these Terms of Use. Frito-Lay will make all determinations as to what Content is appropriate in its sole discretion. Frito-Lay may include, edit or remove any Content at any time without notice.

Your License to Frito-Lay We do not claim any ownership rights in the Photograph that you submit in connection with the Project. After submitting your Photograph to the Project, you continue to retain all ownership rights in such Photograph, and you continue to have the right to use your Photograph in any way you choose. Notwithstanding the foregoing, by submitting your name and Photograph to the Project, you hereby irrevocably grant to Frito-Lay the unlimited, non-exclusive, perpetual, worldwide, irrevocable, sublicensable, assignable, royalty free right to use, redact, republish, modify, crop, adapt, edit, copy, create derivative works of, perform, distribute or otherwise modify your Photograph including any intellectual property contained therein, together with your name, Flickr user name (if applicable), image, likeness and identity of your hometown, in advertising and/or promotional materials for Frito-Lay, in any medium now known or hereinafter developed (collectively, “Frito-Lay Advertising”) in perpetuity, without payment or compensation to you, and without seeking any further approval from you.

Termination of Access. In addition to any right or remedy that may be available to Frito-Lay under these Terms of Use or applicable law, Frito-Lay may suspend, limit or terminate your access to the Project, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy. The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy located at www.fritolay.com/privacy-policy.html. If you submitted a Photograph to the Project via Flickr, your personally identifiable information is also subject to Flickr’s privacy policy located at info.yahoo.com/privacy/us/yahoo/flickr/details.html.

Our Proprietary Rights. Frito-Lay and/or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Project. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Frito-Lay.

Disclaimer Warranties. THE PROJECT, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROJECT, IS PROVIDED "AS IS" AND FRITO-LAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PROJECT. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROJECT OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROJECT OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE PROJECT, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Frito-Lay is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed five dollars (USD $5).

Indemnity/Release. You agree to defend, indemnify and hold harmless Frito-Lay, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach or alleged breach by you of any of these Terms of Use, (ii) the use of the Photograph, (iii) the use of your name, image, likeness, and/or hometown, (iv) your use of materials or features available via the Project or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. Furthermore, you hereby release and hold harmless Frito-Lay, its officers, directors, employees, business partners and agents, from any and all actions, claims, demands, damages, expenses, including costs and attorneys’ fees, losses, liabilities, causes of action or suits of whatever kind or nature, arising out of or related to the use of the Photograph including, without limitation, all claims arising out of or based upon copyright infringement, trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, image or likeness and/or the Photograph.

Governing Law. The laws of the state of New York shall govern these Terms of Use. You hereby expressly consent to the exclusive jurisdiction and venue in the courts located in New York County, New York, for all matters arising in connection with these Terms of Use and/or your access or use of the Project.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us as follows:

By web:
Use the ‘contact us’ form at fritolay.com
By mail:
Frito-Lay Consumer Affairs
P.O. Box 660634
Dallas, TX 75266-06334

By phone:
1-800-352-4477
Terms of Use last updated on: March 4, 2010.

Additional Info

  • Accepted content types: Photos, Images
  • Accepted safety levels: Safe
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