Terms and Conditions
Second Phase:
  1. ‘Give Us your Dillicious Flavour voting’ (‘Programme’) is brought to you by PepsiCo India Holdings Pvt. Ltd. (‘Organizer’).
  2. The Programme is being conducted under the supervision of independent auditors.
  3. During the first phase the Organizer has selected four flavours (‘Finalist’) from all the entries received.
  4. The Finalist flavours are as follows:
    1. Cheesy Mexicana
    2. Hip Hop Honey Chilli
    3. Mastana Mango
    4. Tangy Twist
  5. The voting lines for selecting the favourite Finalist from the four Finalists will open for the public from 12:00 am (IST) on May 1, 2010 till 11.59:59pm (IST) June 30, 2010. (‘Voting Period’)
  6. Voting is open only to Indian residents.
  7. To cast the votes, public may send SMS to 9880298802 or email on vote@yourlaysflavour.com or post card at the address Qutab Enclave, Phase-1, Gurgaon, Haryana-122002. or by logging on to the website www.yourlaysflavour.com or call on 18002098802 and send in their favorite Finalist’s name. For example, to vote for Cheesy Mexicana flavour you can either SMS CM to 9880298802 or email at entry@yourlaysflavour.com or send a post at P.O. Box 27. or log on to the website www.yourlaysflavour.com and fill in the form on the website or call on 18002098802 to give your favourite flavour.
  8. Votes received from all mediums will be collated in a database which is audited by the Auditor.
  9. Once the voting lines are closed, all vote entries will participate in a draw. The Organizer will select two winners every hour in a day from 9 am to 9 pm using an automated randomizer software. The winner shall receive a 2 GB Ipod. There will be 24 winners selected in a day.
  10. One participant can only win one prize only during the entire period.
  11. The winners will receive an automated call within one hour of winning.. Every winner will be called a maximum of 3 times and in case there is no response even on the fifth time, the Organizer has the liberty to pass on the prize to the next eligible winner.
  12. A list with the mobile numbers of the winners shall be put up on the website the following day.
  13. Any votes submitted online through email and/or on the website www.yourlaysflavour.com having an invalid email address or mobile/landline number shall be declared invalid and such vote shall not be counted. There is no charge for submitting an online vote. The process for receipt of votes will be verified by the Auditors.
  14. If due to technical reasons or reasons beyond the control of the Organizer, the voting through any medium is not available or is suspended or removed the Organizer’s shall not be responsible for the same.
  15. The Organizer reserves the right, at any time, to verify the validity of votes and voters (including a voter's identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process.
  16. The use of any automated voting software or any other mechanical or electronic means that allows an individual to automatically vote repeatedly is prohibited and will render all votes submitted by that individual voter invalid.
  17. The public may vote as many times as they like within the Voting Period, however no more than 15 votes per person or per machine in a particular day is permitted.
  18. Votes are deemed to be received at the time of receipt into the Programme database and NOT at the time of transmission by the voter. The cost of sending an SMS vote is as per the applicable tariff of the service provider. It is recommended that consumers check with their individual service provider for the tariff rates.
  19. The Organizer reserves the right to introduce new routes or methods for voting at its discretion which will be communicated to the public at large by an appropriate method to be decided by the Organizer at its sole discretion.
  20. The Organizer reserves the right to request winners to provide proof of identity and Indian residency at the nominated prize delivery address. Identification to be considered suitable for verification shall be at the discretion of the Organizer.
  21. The Organizer's decision is final and no correspondence will be entered into in relation to any decision taken by the Organizer.
  22. Organizer shall not be responsible for any loss, injury or any other liability arising out of the Programme or due to participation by any person in the Programme.
  23. Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
  24. All taxes/levies and charges on prizes will be the responsibility of the winner. Taxes as applicable will be deducted at the source for all prizes or shall be deposited in advance by the winner and produce proof before claiming the prize.
  25. All disputes relating to this Programme shall be subject to the exclusive jurisdiction of Courts at New Delhi only.
First Phase:
           Organizer
  1. ‘LAY’S Give Us your Dillicious Flavour’ (‘Programme’) is brought to you by PepsiCo India Holdings Pvt. Ltd. (‘Organizer’).
  2. Participation in this Programme constitutes acceptance of these Terms and Conditions.

    Participating Requirements
  3. Programme is open to all Indian residents above 18 years of age except employees and immediate family members of Organizer, its associate companies, its advertising and promotional agencies and its Auditors. "Immediate family" means spouse, ex-spouse, parent, step-parent, grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), whether or not they live in the same household.
  4. The Organizer reserves the right, at any time, to verify the validity of entries and participants (including a participant's identity, age and place of residence) and to disqualify any participant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
  5. Multiple entries by a participant are permitted, subject to the following: (a) each flavour name and slogan can only be submitted once; and (b) each entry must be submitted separately and in accordance with entry requirements in any way.
  6. NO PURCHASE NECESSARY. NO ENTRY FEE CHARGED to participate in the Programme.
  7. Participation is optional.

    Programme Period
  8. The Programme commences at 00.00:01am (IST) on November 1, 2009. Entries close at 11.59:59pm (IST) on January 26, 2010.

    Independent Auditors
  9. Programme is being conducted under the supervision of independent firm of Chartered Accountants (‘Auditors’).

    Entry Criteria
  10. To participate in the programme the participant has to send in a flavour name for Lay’s potato chips along with a slogan starting with the words ‘Lays should make my flavour coz’ (‘Entry’). The size of the Slogan can be a maximum of 120 characters.
  11. The Entry can be made by using any of the following mediums:
    1. SMS your Entry to 9880298802
    2. Call 18002098802 and follow simple instructions and submit your Entry.
    3. Log on www.yourlaysflavour.com and submit your Entry by filling the form provided their.
    4. Email Your Entry to entry@yourlaysflavour.com.
    5. Send a competition Post Card with your Entry to P.O.Box 27, Qutab Enclave, Phase – 1,
  12. For an Entry to be complete and eligible for the Programme the Mobile number/Landline has to be submitted along with every Entry. In addition to this the participant may submit the following:
    1. Complete Name
    2. Age
    3. Email Id
    4. Address
  13. Entries are deemed to be submitted at the time of receipt of the same into the Organizer's database, and not at the time of transmission by the Participant.
  14. Normal Call/SMS charges applicable. Cost of SMS/call to be borne by the Participant.

    Valid Entry
  15. An Entry must comply with the following conditions to qualify as a valid Entry:
    1. The flavour name must be original and must not be an existing flavour within the Organizers’ portfolio or any third party's flavour of chips or any other food or beverage product or similar to an existing flavour within the Organizers’ portfolio or any third party's flavour of chips or any other food or beverage product.
    2. The Entry must be in English or if any other language then adaptable in English without losing its essence.
    3. Entry must be a vegetarian flavour name.
    4. Entry will be reviewed for content before being judged; however, such review does not relieve the participant from responsibility and compliance with these Terms and Conditions.
    5. Maximum number of words for the flavour name shall be four (4).
  16. Entries that do not comply with these Terms and Conditions or that otherwise contain prohibited, questionable content or offensive language and/or third party products reference or inappropriate content as determined by the Organizer, in its sole discretion, will be disqualified without any notice to the participant and will not be considered eligible.
  17. The Organizer makes the final determination as to which Entry are eligible to take part in this Programme and no correspondence will be entertained in this regard.
  18. The Participant is fully responsible for the Entry submitted by him/her. The Organizer shall not be liable in any way for such Entry to the full extent permitted by law.

    Disqualification
  19. Every Participant shall ensure that the Entry is not:
    1. Unlawful
    2. Fraudulent,
    3. in breach of any intellectual property, privacy
    4. defamatory
    5. obscene
    6. derogatory
    7. pornographic
    8. sexually inappropriate
    9. violent
    10. misleading
    11. abusive
    12. harassing
    13. threatening
    14. objectionable with respect to race, religion, origin or gender
    15. not suitable for children aged under 15, or otherwise unsuitable for publication.

    Any such Entry shall be automatically disqualified without any notice to the participant.

    Waiver of Rights
  20. All Entries submitted become the property of the Organizer. Entries will not be returned to any Participant.
  21. By submitting an Entry in the Programme including Flavour name and the Slogan, the participant, unless the Organizer advises otherwise, license and grant the Organizer, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Flavour name and slogan for any purpose including but not limited to future promotion, marketing or publicity purpose in any media, without compensation, restriction on use, attribution or liability.
  22. The Participant agrees not to assert any moral rights in relation to the use of the Entry.

    Judging Criteria
  23. All entries will be judged by an expert panel of judges. In relation to the selection of the Top four (4) finalists ("Finalists") Entries, all valid Entries will be judged against the following judging criteria (‘Judging Criteria’)
    (i) Originality of Flavour Idea
    (ii) Degree of Deliciousness
    (iii) Flavour Fit with brand Lays
    (iv) Production feasibility at Organizer’s Plants
    (v) Creativity of Idea
    (vi) Slogan

    The panel of judges will have the assistance of one in-house brand expert of the Organizer to assist them on request on any one or more of the Judging Criteria.

    Selection of Finalists
  24. The Organizers will select two Finalists on November 30, 2009 from within the Entries received on or before November 30, 2009. One Finalist will be selected on December 31, 2009 from the Entries received during November 1, 2009 to December 31, 2009. One Finalist will be selected on January 26, 2010 from among the Entries received during the Programme Period. The four (4) Finalists will be announced to the public no later than May, 2010.
  25. In the Event that two Entries from the same participant are selected then only one Entry will be finalized at the sole discretion of the Organizer and the other shall be discarded. 
  26. All Finalists are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by the Organizer’s and complete compliance with these Terms and Conditions.
  27. The four finalists will be intimated by email and by a call at the number provided by the participant at the time of sending the Entry.
  28. If attempted notification to the Finalist is returned as undeliverable, if a Finalist cannot be verified, or if a Finalist is otherwise unable to accept their status as Finalist, their selection as a Finalist will be forfeited and an alternative Finalist may be selected provided sufficient time remains, in Organizer's sole discretion.
  29. The Organizer reserves the right to amend the Entries. It is at the Organizer's sole discretion as to whether the Finalists will have any involvement or say in the development process or the creation or planning of the ingredients, the pack design, the final name or promotional materials.

    Sale of Finalist Flavours
  30. The four Finalists flavours will be developed for manufacture by the Organizer following selection of the four Finalists. The Organizer will develop chips with the nominated flavour(s) described by each of the Finalists using the Organizer's reasonable efforts and according to its specifications and requirements for the exact ingredients and recipe, as determined by the Organizer in its absolute and sole discretion.
  31. The four Finalists flavours will be on sale in India from on/around May 31, 2010 until on/around July 31st, 2010.
  32. Sales and distribution of the Finalists' flavours by retailers cannot be guaranteed by the Organizer.
  33. The four (4) Finalists Flavour will each receive reasonable marketing support at the sole discretion of the Organizer including the creation and distribution of their submitted flavour of chips and an equal level of related promotional support (such level to be determined by the Organizer in its sole discretion) from on/around June 15th 2010 to on/around July 31st 2010.
  34. The Organizer cannot be held responsible for any uneven distribution of promotion materials or Finalist flavours.
  35. The four Finalists will each receive a cash prize of Rs. 500,000 (Rupees Five Lakhs only) by cheque made out in their name within 45 days of being announced as a Finalist.
  36. The four finalists will sign receipts, affidavits, agreements and/or documents as required by the Organizers at the time of receipt of payment.
  37. Finalists agree that the Organizer has the sole right to decide all matters and disputes arising from this Programme and that all decisions of the Organizer are final and binding.

    Voting
  38. The four (4) Finalists flavours will be put on sale from on/around May 31st, 2010.
  39. The public will be able to vote for their favourite flavour from the four Finalists from on/around June 1, 2010 at 12.00:00am (IST) until on/around 11.59:59pm (IST) July 31st, 2010. (‘Voting Period’)
  40. Voting is only open to all Indian residents.
  41. The public may vote via SMS to 9880298802, email on vote@yourlaysflavour.com, post card at the address mentioned above and via call on 18002098802 and will have to send in their favorite flavour name.
  42. Votes submitted online via email and/or on the website www.yourlaysflavour.com that do not include a valid email address will be declared invalid and the vote will not be counted. There is no charge for submitting an online vote. The process for receipt of votes will be verified  by the Auditors.
  43. If due to technical reasons or issues beyond the control of the Organizer, the voting through any medium is not available or is suspended or removed the Organizer’s shall not be responsible for the same.
  44. The Organizer reserves the right, at any time, to verify the validity of votes and voters (including a voter's identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process.
  45. The use of any automated voting software or any other mechanical or electronic means that allows an individual to automatically vote repeatedly is prohibited and will render all votes submitted by that individual voter invalid.

  46. The public may vote as many times as they like within the Voting Period, however no more than 15 votes per person, per mechanic, per day is permitted.
  47. Votes are deemed to be received at the time of receipt into the Programme database and NOT at the time of transmission by the voter. The cost of sending an SMS vote is as per the applicable tariff of the service provider. It is recommended that consumers check with their individual service provider for the tariff rates.
  48. At the close of the Voting Period, each Finalist will be given a total score which is the actual number of valid votes received by the Finalist during the Voting Period.
  49. The Organizer reserves the right to introduce new routes or methods for voting at its discretion which will be communicated to the public at large by an appropriate method to be decided by the Organizer at its sole discretion.

    Grand Winner
  50. The Finalist with the highest Score will be deemed the overall winner ("Grand Winner").
  51. In the unlikely event of a tie, the tied Finalists will be re-judged by the judges based on the Judging Criteria stated above in relation to the selection of the Finalists Entries.
  52. The Grand Winner will be announced no later than August 15th, 2010.

    Grand Prize
  53. The Grand Winner will receive Rs. 5000000 (Rupees Fifty Lakhs only) by cheque made out in his/her name within 45 days of being announced as the winner and 1% of the Net sales of the Grand Winner's flavour chips sold in India for a period of three months or such other extended period as decided by the Organizer.
  54. Calculation of 1 % of the Net Sales shall commence from August 16th, 2010. The Organizers may continue to sell the Grand Prize Winning Flavour in the market after the completion for a minimum period of three months. 
  55. If the Grand Winner's chip flavour is sold in any other regions or parts of the world, other than India, the Grand Winner will not be entitled to any claim or any percentage of the net sales either during the period of three months or any time thereafter.
  56. “Net Sales” shall mean and include the sales revenue received by the Organizer for the sale of the Grand Winner flavour by its CFA Agents less discounts, allowances and stales decided by the Organizer in its sole discretion. The Organizer is the ultimate decider of the monthly payment to the Grand Winner and no correspondence will be entered into in this regard.
  57. The amount of 1% of Net Sales, would be calculated and paid after the end of the quarter starting August 16, 2009. The payment would be made within 45 days from the end of the period.
  58. In case sales are extended beyond the minimum period of three months, payment would be made within 45 days after the end of such extended period.
  59. The Grand Prize Winner will get a certificate from the Auditors confirming that 1% of the Net Sales have been calculated as per the accounting standards.
  60. The Net Sales figures will be verified and duly audited by the Auditor.
  61. In the event of a death of the Grand Winner, no claim from the nominees or legal heirs of the Grand Winner will be entertained for receiving whole or part of the 1% of the net sales as described above. 
  62. The prize is personal to the Grand Winner and is not transferrable and cannot be sold under any circumstances.
  63. The Organizer makes no representations or warranties with respect to the volume or period of sale of the Grand Winner's flavour of chips, and the Organizer does not guarantee that any minimum sum will be paid to the Grand Winner.
  64. The Organizer does not guarantee any level of promotional publicity or support for the Major Prize Winner's flavour of chips. The promotional publicity or support provided (if any) will be determined by the Organizer in its sole discretion.
  65. The Organizer may discontinue the Grand Winner's flavour of chips at any time after the minimum period of three months of it being announced as the Grand Prize Winner. If the Grand Winner's flavour of chips is discontinued and later re-introduced into the market after the minimum period of three months, the Grand Prize Winner will no longer be entitled to receive 1% of the Net Sales (regardless of the period of time the Grand Winner's flavour of chips was off the market).
  66. The three remaining Finalists’ flavours may or may not be de-listed from the Organizer’s portfolio after the announcement of the Grand Winner or if the Finalist flavour is still in market once the Grand Winner has been announced, the remaining three Finalist will not be entitled to receive any percentage of net sales of their product or any percentage of any sales profits whatsoever.

    Miscellaneous
  67. The participant can log on www.yourlaysflavour.com anytime during after the Entry submission day is over to check the status of his/her Entry.
  68. Finalists will be notified by phone and/or mail notification. Notification of the Finalists status must be kept confidential until the Finalists are publicly revealed by the Organizer or the Finalists prize will be forfeited and Submission will not be put into production for public voting as a Finalist Submission.
  69. At the Organizer's request, winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Organizer using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this Programme (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Organizer.
  70. The Organizer reserves the right to request winners to provide proof of identity and Indian residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Organizer.
  71. The Organizer's decision is final and no correspondence will be entered into in relation to any decision taken by the Organizer.
  72. As a condition of accepting the prize, winners may be required to sign any legal documentation as and in the form required by the Organizer and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  73. The Organizer accepts no responsibility for any tax implications that may arise from the prize winnings. Winners will have to bear incidental costs, if any, that may arise for redemption of the prize.
  74. Organizer shall not be responsible for any loss, injury or any other liability arising out of the Programme or due to participation by any person in the Programme.
  75. Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
  76. All taxes/levies and charges on prizes will be the responsibility of the winner. Taxes as applicable will be deducted at the source for all prizes or shall be deposited in advance by the winner and produce proof before claiming the prize.
  77. All disputes relating to this Programme shall be subject to the exclusive jurisdiction of Courts at New Delhi only.