OFFICIAL RULES AND ELIGIBILITY (AMENDED)



DORITOS® brand Unlock Xbox™ Contest (“Contest”)OFFICIAL RULES


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

THE FOLLOWING CONTEST IS INTENDED FOR PLAY ONLY IN THE 50 UNITED STATES AND D.C. AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY.

BY ENTERING THIS CONTEST, YOU AGREE THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS CONTEST MAY BE SHARED WITH BOTH CONTEST SPONSORS -- FRITO-LAY, INC. AND MICROSOFT CORPORATION (COLLECTIVELY "SPONSORS"). FRITO LAY'S USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO THE FRITO-LAY PRIVACY POLICY, LOCATED AT http://www.fritolay.com/privacy-policy.html. MICROSOFT CORPORATION'S USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO THE MICROSOFT PRIVACY STATEMENT LOCATED AT http://go.microsoft.com/fwlink/?LinkId=74170

1. ELIGIBILITY: Open only to legal residents of any of the 50 United States and the District of Columbia who are 18 years of age or older time of entry. The following individuals are not eligible: Employees, contractors, directors and officers of Frito-Lay, Inc., Microsoft Corporation, Microsoft’s third party Game developer(s), and each of their respective parents, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, the “Contest Parties”), and the immediate family members of each (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 Contest).

2. CONTEST SCHEDULE:

The Contest consists of an initial Contest Entry Period and six (6) phases as outlined below:

Phase

Brief Description

Timing

Contest Entry Period

Entrants register and submit their ideas for DORITOS® brand-inspired video games.

Begins at 12:00 p.m. Central Time (CT) on 8/31/09 and ends at 11:59 p.m. CT on 10/4/09 (“Contest Entry Period”).

Round 1 Contest Judging

Eligible submissions are judged. Ten (10) Quarter-Finalists are determined.

Announced on or about 10/26/09.

Round 2 Contest Judging

Ten (10) Quarter-Finalists make presentations to a panel of judges in Redmond, WA. Two (2) Quarter-Finalists are eliminated from the Contest.

Travel and begin preparation for presentation on or about 11/6/09. Presentation on or about 11/12/09.

Round 3 Contest Voting

The remaining (8) Quarter-Finalists' ideas are posted on Web Site. America votes for their favorite game ideas. Three (3) Semi-Finalists are determined.

Begins at 12:00 p.m. CT on 11/29/09 and ends at 11:59 p.m. CT on 12/31/09. (“Round 3-Voting Period”).

Round 4 Contest Judging

Three (3) Semi-Finalists make presentations to gaming executive(s). Two (2) Finalists are determined.

Travel, preparation and presentation from approximately 1/7/10 through 1/21/10.

Game Development

Finalist Games are fully developed

January through October 2010

Final Round Contest Voting

Finalist Games are available on the Web Site to download and play. America votes for their favorite game to determine the Grand Prize Winner.

Begins at 12:00 p.m. CT on 12/08/10 and ends at 11:59 p.m. CT on 12/26/10 (“Final Round-Voting Period”).

3. TO ENTER:

To enter the Contest, log on to http://www.unlockxbox.com (“Web Site”) during the Contest Entry Period, and click on the corresponding link to go to the Contest submission page. You should carefully review and consider the Creative Assignment (noted below in Rule 4) for the Contest to develop your idea. You must complete the following steps, in order:

  1. Before participating in the Contest and uploading your video, you must register by filling out the registration form, inputting the title of your game and identifying your game genre from the drop down list provided. The game genres include: Action, Shooter, Racing, Puzzle, Retro, Strategy, Role-Playing, Vehicle Simulation, Music/Rhythm and Sports. You must also input a written description of your game in 200 words or less. The Game Title, Written Description, and Game Genre is for convenience only and will not impact the judging process.

  2. Once registered, you must review these Official Rules and check the box indicating “I Accept the Official Contest Rules”.

  3. When you have successfully completed the registration information and accepted the rules, click "Submit" and follow the instructions to upload a video. Your Video should depict or describe your video game idea, and it: (i) must not exceed two (2) minutes in length; (ii) must not exceed 100 MB; and (iii) must be in one of the following formats: flv, wmv, avi, mov, mpg, mpeg, mp4, 3gp and 3gp2 (hereinafter referred to as “Video” or “Submission” or “Game Idea”).

Refer to Rules 5 and 6 below for more details on the terms and requirements for your Submission. Submissions that do not include all required information and adhere to the foregoing and terms and requirements in Rules 5 and 6 may be disqualified in Sponsor's sole discretion. Any communication or information, including, without limitation, a Submission, transmitted to Sponsors and/or the Web Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary and will not be acknowledged or returned.

4. CREATIVE ASSIGNMENT:

Make a Video that describes or depicts your idea for the greatest video arcade game ever. Have you ever been playing your favorite game when an idea for a new Xbox LIVE Arcade game hits you and you would give anything to bring that concept to life? This is your chance to make it happen. It does not have to be DORITOS® branded. It can be about anything and everything (subject to the Submission Requirements as outlined in Rule 6). Seriously, all we ask is that you take the essence and intensity that is DORITOS® and bring that tone out in your game concept. Other than that, this is all you. This is what you have been waiting for.

5. CONTEST TERMS OF SUBMISSION:

As a condition of entry into this Contest, and by entering a Submission, each Entrant:

  1. ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEB SITE, IN SPONSOR’S DISCRETION.

  2. WARRANTS AND REPRESENTS THAT THE ENTRANT OWNS ALL RIGHTS TO THE CONTENTS OF THE SUBMISSION HE/SHE IS ENTERING IN THIS CONTEST, WITH THE EXCEPTION OF ANY SPONSOR TRADEMARKS USED IN THE SUBMISSION

  3. WARRANTS AND REPRESENTS, IF APPLICABLE, THAT THE ENTRANT IS THE ONLY IDENTIFIABLE INDIVIDUAL PICTURED AND/OR HEARD IN ANY ELEMENT OF THE SUBMISSION, OR, ALTERNATIVELY, THAT THE ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE SUBMISSION TO GRANT THE RIGHTS TO THE CONTEST PARTIES DESCRIBED IN THESE RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE CONTEST PARTIES UPON REQUEST;

  4. WARRANTS AND REPRESENTS THAT HIS/HER SUBMISSION: (a) IS ORIGINAL TO THE ENTRANT AND HAS BEEN LEGALLY OBTAINED AND CREATED; (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, RULES OR REGULATIONS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; AND (d) HAS NOT BEEN PUBLISHED, PRODUCED OR BROADCAST PREVIOUSLY IN ANY MEDIUM;

  5. Irrevocably and unconditionally grants, transfers, sells and assigns to Contest Parties the transferable right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, use, reuse (without limitation as to when or to the number of times used) make derivative works of and otherwise exploit the Submission, as well as the right to use such Entrant’s name, likeness, biographical information, any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the Entrant's name) (collectively, the "Additional Materials") in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party. Sponsors shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission(s) for any purpose which Sponsors deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. Upon request of Sponsor, any Prize Recipient (as defined in Rule 7), shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Sponsor reserves the right to alter, change or modify the winning Submission, in its sole discretion.

  6. Forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Contest Parties' use of the Submission or Additional Materials, or require the Entrant's permission for Contest Parties to use them for any purpose, and releases the Contest Parties from (and agrees to never sue or assert) any and all claims arising from or related to their use of the Submission or the Additional Materials; and

  7. Agrees to indemnify and hold the Contest Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Parties due to or arising out of the Entrant's Submission or Additional Materials in this Contest, or the Entrant's conduct during and in connection with this Contest, including but not limited to claims alleging violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.

  8. Agrees to release and indemnify and hold harmless the Contest Parties from any and all claims that any video, interactive game, advertising, promotion, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Contest Parties (individually or collectively) infringes on the rights of Entrant’s work as contained in any Submission.

  9. Understands that any Additional Materials or any part of the Submission that is owned by any third party may be removed or disqualified by the Sponsors at any time, if Sponsors and/or Contest Parties receive an appropriate notice from the third party right's holder.

  10. Agrees that Entrant's Submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Entrant. Acknowledges that, by acceptance of Entrant's 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 Entrant.

6. Additional Submission Requirements:

Submission must be primarily in English and in one of the file formats listed in Rule 3 above. All Submissions must be received and recorded during the Contest Entry Period (as stated above in Rule 2). Once you complete and submit the final Submission, your Submission is final and may not be modified or edited further, except by Sponsor in its sole discretion; however, you may incorporate modified elements of your previous Submission(s) and re-submit them as a new Submission. No Submissions will be returned. Contest Parties may, in their sole discretion, remove, delete and/or disqualify Submissions deemed to be inappropriate or otherwise non-compliant with these Official Rules. The person uploading the Submission will be deemed the entrant (“Entrant”). The Entrant is the one (1) person who is the authorized account holder of the email address associated with that Submission. In the event of a dispute regarding the identity of the holder of an email address, dispute will be resolved in favor of the individual who is the authorized holder of the email address. "Authorized email account holder" is defined as the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. The Contest Parties are not liable for any disputes between collaborators arising under or related to the Contest. In the event a dispute between collaborators or regarding the identity of an Entrant cannot be resolved to Sponsors' satisfaction, the affected Submission will be deemed ineligible. You may enter as many as five (5) Submissions into the Contest. Limit one (1) “Top 10 Quarter-Finalist Prize” per person, household and/or email address in this Contest. Only a Semi-Finalist Prize winner is eligible to receive the Grand Prize in the Contest. Each Submission must: (a) be suitable for general audiences (i.e., may not be obscene or indecent, including but not limited to nudity, pornography or profanity); it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business, group or nation, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations; (b) must comply with the Entertainment Software Rating Board ("ESRB") rating of "T" or "E10+." For more information about the ratings go to http://www.esrb.org/ratings/ratings_guide.jsp; (c) must not contain or refer to any food or beverage products other than DORITOS® brand Tortilla Chips; it must not contain or reference any third party trademarks (with the exclusion of any Sponsor products or trademarks), (d) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than the DORITOS® brand Tortilla Chips and logo), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) cannot promote alcohol, illegal drugs, or tobacco (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (f) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission; (g) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (h) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (i) cannot depict, and cannot itself, be in violation of any law. Each Submission must not contain any copyrighted works (other than as owned by the Entrant). Any elements appearing in your Submission, including, without limitation music, audio, speech/voiceovers, stills, video, supers or other audiovisual materials used must be entirely original, created and performed by you, and be in the public domain. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original, in the public domain, or downloaded from the Web Site may result in disqualification of Submission in Sponsors' sole discretion.

All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsors, in their sole discretion, will be disqualified and will not be published or considered for a prize. Sponsors make the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Top 10 Quarter-Finalist Prize. Certain Submissions may be featured from time to time on the Web Site during the Contest Entry Period and subsequent phases, in Sponsors' sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Quarter-Finalist, Semi-Finalist, or Finalist in the Contest.

7. SELECTION OF QUARTER-FINALISTS/SEMI-FINALISTS/FINALISTS/GRAND PRIZE WINNER:

Round 1 Contest Judging – To determine the Top 10 Quarter-Finalists: All eligible Submissions will be judged by a qualified panel of judges (“Judges”), based on the following judging criteria (“Judging Criteria”): Originality and creativity – 40%; Adherence to creative assignment – 30%; Overall appeal - 30%. The ten (10) Submissions receiving the highest cumulative scores awarded by the Judges will be deemed the Top 10 Quarter-Finalists (“Quarter-Finalist” or “Top 10 Quarter-Finalists”). In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie.

Round 2 Contest Judging – To determine the Top 8 Quarter-Finalists: In this round of Contest Judging, the Top 10 Quarter-Finalists will meet at the Xbox headquarters on the Microsoft campus in Redmond, WA. Each Entrant will have the opportunity to work with non-industry writers, designers, and artists to polish his/her Game Idea and develop it into a presentation (“Presentation”). Then, in two groups of five, each Top 10 Quarter Finalist will present his/her Presentation to a new panel of qualified judges. Quarter-Finalists must be available to travel between November 6, 2009 and November 13, 2009, as determined by Sponsor, in Sponsor's sole discretion. If a Quarter-Finalist is unable to travel at the specified time, the Quarter-Finalist will forfeit his/her opportunity to participate in the remainder of the Contest and Sponsor may, in its sole discretion and if time permits, select an alternate Quarter-Finalist. Presentations will be judged based on the Judging Criteria and tie-breaking methodology as stated above. One (1) Quarter-Finalist from each group of five will be eliminated from the Contest based on the lowest cumulative score received in his/her group. The remaining Quarter-Finalists will be deemed the Top 8 Quarter-Finalists (“Top 8 Quarter-Finalists”).

Round 3 Contest Voting – To determine the Top 3 Semi-Finalists: Legal residents of the fifty (50) United States or the District of Columbia who are 13 years of age and older (“Eligible Voters”) will be eligible to vote in Round 3 to determine the Top 3 Semi-finalists from among the Top 8 Quarter Finalist Presentations. Eligible Voters may register and vote via Xbox LIVE or online at the Website (each a “Medium”). To vote on Xbox LIVE: Access an Xbox 360 console, log into the Xbox LIVE Marketplace, navigate to the Contest advertisements running on the Xbox LIVE dashboard, click on the link and then cast one (1) vote for your favorite Presentation by downloading the unique gamer picture for your favorite Presentation as instructed. Limit one (1) Xbox LIVE service per person and Xbox LIVE gamertag per day of the Voting Period. To vote online: Access www.unlockxbox.com and follow instructions to register and vote for your favorite Presentation. Limit one (1) vote per each Medium per person per Day. A “Day” is defined as the 24 hours between 12:00:00 a.m. CT and 11:59:59 p.m. CT throughout the Round 3-Voting Period. The top three (3) Semi-Finalists will be determined by the three (3) Presentations receiving the highest number of combined cumulative votes received from both Mediums (“Top 3 Semi-Finalists”). In the unlikely event that public voting results in a tie, the tied Submissions will be re-judged by the Judges based on the Judging Criteria stated above.

Round 4 Contest Judging – To determine the Top 2 Finalists (“Greenlight Presentation”): The Top 3 Semi-Finalists will have the opportunity to work with a gaming studio to create a professional Xbox Live Arcade “Greenlight Presentation” to include professional illustrations, renderings, storyboards and/or other design elements to help “sell” their Game Idea one more time. Semi-Finalists must be available to travel between January 7, 2010 and January 21, 2010, as determined by Sponsor, in Sponsor's sole discretion. If Semi-Finalist is unable to travel at the specified time the Semi-Finalist will forfeit his/her opportunity to participate in the remainder of the Contest and Sponsor may, in its sole discretion and if time permits, select an alternate Semi-Finalist. Each Semi-Finalist will present his/her further-developed Game Idea (“Greenlight Presentation”) to an Arcade executive(s). The Arcade executive(s) will judge the three (3) Greenlight Presentations based on the Judging Criteria and tie-breaking methodology stated above. The Semi-Finalists whose Greenlight Presentations received the top two (2) highest scores will be named the Finalists (“Finalists”).

Final Round Contest Voting – To determine the Grand Prize Winner: Once the two (2) Finalists are determined, a professional game developer will begin production of the two (2) Finalists' games. Each Finalist's game (each, a "Finalist Game") will be posted for Eligible Voters to play and vote for their favorite Finalist Game on Xbox LIVE during the Final Round-Voting Period. To vote on Xbox LIVE: Access an Xbox 360 console, log into the Xbox LIVE Marketplace, navigate to the Contest advertisements running on the Xbox LIVE dashboard, click on the link and then cast one (1) vote for your favorite Video by downloading the unique gamer picture for your favorite Video as instructed. Limit one (1) Xbox LIVE service per person and Xbox LIVE gamertag per day of the Voting Period. Limit one (1) vote per person per Day. The Grand Prize Winner will be determined by the Finalist Game with the highest number of votes. In the unlikely event that public voting results in a tie, the Finalist Games will be re-judged by the Judges based on the original Judging Criteria.

All Quarter-Finalists, Semi-Finalists, Finalists, and the Grand Prize Winner (“Prize Recipients”) are subject to verification at any time during the Contest phases, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (described below). If attempted notification is returned as undeliverable, if a Prize Recipient cannot be verified, or if a Prize Recipient is otherwise unable to accept prize, prize will be forfeited and may be awarded to an alternate Prize Recipient provided sufficient time remains, in Sponsors' discretion.

Entrants agree that the Sponsors have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsors are final and binding. Prize Recipients agree to release, indemnify and hold harmless the Contest Parties from any and all liability, loss, damage, cost or claim related to any allegation regarding the acceptance or use or misuse of their prize, including but not limited to the production and/or use of the Finalist Game.

8. CONDITIONS APPLICABLE TO PRIZE RECIPIENTS:

By accepting a prize, for no additional compensation or consideration, Prize Recipients grant to Sponsor the right to use their names, nicknames, initials, facsimile signatures, photograph, likeness, biographical information and/or endorsement in any media now known or hereinafter invented, without territorial or time limitation, in connection with the advertisement and promotion of this Contest. Prize Recipients further agree to participate in Promotional Events as reasonably requested and required by Sponsor for the making of Unlock Xbox 2, a reality/documentary series which will track each phase of the Contest, for no additional compensation. For the purpose of these Official Rules, a "Promotional Event" is any event or activity sponsored by Sponsor, including but not limited to: interviews, whether live, taped, print, broadcast; TV/Radio events; satellite media tours, video news releases, audio news releases, TV shoots, recording sessions, photo sessions; event appearances and other engagements. If a Prize Recipient is a minor in his/her jurisdiction of residence, the prize will be awarded to the winner’s parent/legal guardian and Prize Recipient must travel with his/her parent/legal guardian at parent/legal guardian's expense, at the sole discretion of the Sponsor.

9. PRIZE DETAILS:

  1. TOP 10 QUARTER-FINALIST PRIZES:
    Each Top 10 Quarter-Finalist will receive $2,000.00 and a trip for himself/herself to Redmond, WA to prepare his/her Presentation for the Round 2 Contest Judging. Trip scheduled to occur between November 6, 2009 and November 13, 2009. Trip consists of round-trip coach air transportation (from gateway city nearest Quarter-Finalist's U.S. home) for Quarter-Finalist to Redmond, WA and up to six (6) nights of standard hotel accommodations. Each Quarter-Finalist will also receive the following: One free year of Xbox LIVE Gold Membership, $500.00 in Microsoft Points, HD Zune, ten (10) Xbox games (of Sponsors' choice, in Sponsors' sole discretion), and a one-year supply of DORITOS® brand Tortilla Chips (awarded in the form of 52 free product coupons, each good for $3.99). Approximate Retail Value (“ARV”) of Quarter-Finalist Prize: Up to $5,357.50 each.

  2. TOP 3 SEMI-FINALIST PRIZES:
    Each Top 3 Semi-Finalist will receive $5,000.00 and a trip for himself/herself to one of three gaming studios to prepare for the Greenlight Presentation and a trip from the gaming studio location to Redmond, WA to present his/her Greenlight Presentation. Selection of gaming studio/location is at Sponsor's sole discretion. Trips to gaming studio and Redmond, WA are scheduled to occur between January 7, 2010 and January 21, 2010 as determined by Sponsors, in Sponsors' sole discretion. Trip consists of coach air transportation (from gateway city nearest Semi-Finalist's U.S. home) for Semi-Finalist to the gaming studio location, then to Redmond, WA, and back to Semi-Finalist's home; up to three (3) nights of standard hotel accommodations in gaming studio city and up to four (4) nights standard hotel accommodations in Redmond, WA. ARV of Semi-Finalist Prizes: Up to $7,500.00 each.

  3. TWO (2) FINALIST PRIZES:
    Each Finalist will receive a trip back to his/her respective Sponsor-chosen gaming studio to complete the Finalist Game production for the Final Round-Voting Period. Trip consists of round-trip coach air transportation (from gateway city nearest Finalist's U.S. home) for Finalist to the Sponsor-chosen gaming studio and up to five (5) nights of standard hotel accommodations. Actual travel dates must be determined between gaming studio and Finalist. Trip must be completed by October 24, 2010. Each Top-2 Finalist will also receive a gaming system consisting of a TV, surround sound, gaming chair and custom-painted Xbox. Additionally, Finalist Game may be developed for possible distribution as an Xbox LIVE arcade game. ARV of Finalist Prizes: Up to $13,267.00 each.

  4. (d) ONE (1) GRAND PRIZE:
    Grand Prize Winner will have the option to consult for the DORITOS® Brand team on an offsite, part-time, independent contractor basis on gaming projects to be determined by the parties for up to six (6) months at a total project fee of $50,000.00 (the "Consulting Opportunity"). The Consulting Opportunity is not intended to interfere with or substitute for Grand Prize winner’s current employment or educational obligations or opportunities and is not to be construed as an offer of employment by Frito-Lay. In the event that Grand Prize Winner is asked to travel to Frito-Lay Headquarters in Plano Texas as part of the Consulting Opportunity, Grand Prize Winner’s reasonable and necessary travel expenses will be reimbursed. ARV $50,000.00. Consulting Opportunity is subject to Grand Prize Winner entering into and complying with the terms of a Frito-Lay consulting contract, as well as a background check of Grand Prize Winner. The value of the Consulting Contract will not be awarded in the event Grand Prize Winner does not accept or perform the Consulting Opportunity.

There will be no additional compensation paid in return for the development of the Xbox LIVE arcade game. Sponsors make no guarantee the Finalist Game will be made and reserves the right not to make the Finalist Game for any reason. Sponsors shall have no obligation (express or implied) to use any Submission, or to otherwise exploit the Finalist Game or any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsors may at any time abandon the use of the Finalist Game or any Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.

All cash prizes will be awarded in the form of a check or wire transfer, payable to winner. Applicable to trip prizes: Selection of airline and hotel are solely within Sponsor’s discretion. Trip must be taken on dates specified by Sponsor. Travel and accommodations are subject to availability and change. All other costs and expenses associated with the prize and not specifically described herein including meals, luggage fees, incidental hotel charges and any other travel-related expenses, are solely the responsibility of each Prize Recipient. Traveling Prize Recipients must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Actual value of trip may vary based on point of departure and airfare fluctuations. Date and time of all Contest Phases shall be determined by Sponsors, in their sole discretion and may be subject to change. Entrants must be able to attend Contest Phases as specified by Sponsor or may be disqualified. Sponsor reserves the right to provide additional details in connection with Contest Phases. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guests must travel at Entrant's or guest's sole expense and must sign and return a travel release.

Total ARV of all prizes is up to $102,609.00. Any difference between stated approximate retail value and actual value of prize will not be awarded.

10. GENERAL CONDITIONS:

Prize Recipients are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsors. Prizes are non-transferable. Prize Recipients will be notified by phone and/or mail and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within ten (10) days of first attempted notification or an alternate Prize Recipient may be selected. Notification of Quarter-Finalist, Semi-Finalist or Finalist status must be kept confidential until they are publicly revealed by Sponsors or your Presentation or Finalist Game may not be posted for public voting. If for any reason the Contest is not capable of running as planned, including without limitation, 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 Contest, Sponsors reserve the right, at their sole discretion to cancel, modify or terminate the Contest. Further, Sponsors reserve the right, at their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest Web Site; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by Quarter-Finalist/Finalist and/or his/her family/friends to vote using any fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify Quarter-Finalist/Finalist in its reasonable discretion. Sponsors reserve the right to require a potential Prize Recipient to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsors in their sole discretion. This Contest is offered only in the United States and is governed by the laws of the state of Texas. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts for Collin County, Texas and all Entrants hereby consent to the personal jurisdiction in such venue. ENTRIES POSTED TO THE WEB SITE 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 Entrant. In the event of any inconsistency between these Official Rules and any promotional materials or advertising, the terms in these Official Rules shall prevail.

11. LIMITATIONS OF LIABILITY AND RELEASE:

No liability or responsibility is assumed by Sponsors or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail 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 Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Parties are 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. Sponsors and the Contest 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 Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsors and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsors and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest and acceptance or use or misuse of any prize. Contest Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Contest Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsors for purposes of the Contest does not place the Contest Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant acknowledges and agrees that the Contest Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Contest Parties' actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest: (a) the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any video game or other material or production based on or allegedly based on the Submission, (b) under no circumstances will Entrant be permitted to obtain awards for, and participant 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 Contest, 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.

12. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS:

Because of the unique nature and scope of the Contest, Sponsors reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsors cannot accurately predict the number of Entrants who will participate in the Contest.

13. WINNERS’ LIST/RULES REQUEST:

For the names of the Prize Recipients or Official Rules, send your request with a self-addressed, stamped envelope to be received by December 31, 2010 to: DORITOS® brand Unlock Xbox 2 Contest (specify Winners' List or Official Rules Request), P.O. Box 750235, El Paso, TX 88575-0235.

14. SPONSORS:

Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099 and Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.

DORITOS, DORITOS Logo and SNACK STRONG are trademarks used by Frito-Lay North America, Inc. ©2009 Frito-Lay North America, Inc. Microsoft, Xbox, and the Xbox logos are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

WS08