LAY'S® CANADA DO US A FLAVOUR™ CONTEST
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN CANADA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO CANADIAN LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE A LEGAL RESIDENT OF CANADA WHO HAS REACHED THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE CONTEST RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
- ELIGIBILITY: The LAY'S Canada Do us a Flavour™ Contest ("Contest") is open only to legal residents of Canada, who have reached the age of majority in his/her province or territory of residence at the time of entry. You are not eligible to enter or win if you are: (a) an employee, officer, director, representative or agent of PepsiCo Canada ULC (the "Contest Sponsor"), its parent, subsidiary or related companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest (collectively, the "Contest Parties"); (b) an employee, representative or agent of a competitor† of the Contest Sponsor, its parent, subsidiary or affiliated companies; or (c) a member of the immediate family (parent, child, sibling, spouse, grandparent, grandchild, cousin, aunt or uncle, whether related through blood, marriage, common law, civil union or adoption, regardless of where they live) or household (whether related or not), of any of the above individuals. Contest void where prohibited.
- CONTEST PERIOD (i.e. duration of the Contest): The Contest begins at 10:00 AM Eastern Time (ET) on February 3, 2013 and ends at 10:00 AM (ET) October 16, 2013 (the "Contest Period").
- ENTRY PERIOD (i.e. the period during which Entries are accepted): Eligible entrants may submit an Entry (as herein defined) in the Contest between 10:00 AM (ET) on February 3, 2013 and 10:00 AM (ET) on April 15, 2013 (the "Entry Period").
- VOTING PERIOD (i.e. the period during which Votes are accepted): The period in which the public may vote for their favourite Finalist Flavour begins at 10:00 AM (ET) on July 30, 2013 and ends at 10:00 AM (ET) on October 16, 2013 (the "Voting Period"). See Rule 8 for additional information on Finalist Flavours and voting.
- TO ENTER: During the Entry Period, the Contest Sponsor invites participants to submit their ideas for a future flavour of LAY'S Potato Chips in the following manners (each an "Entry" and, collectively, the "Entries"):
All Entries must be received and recorded within the Entry Period. The Contest Sponsor's computer is the official timekeeping device for this Contest.
- Online: Visit www.lays.ca/flavour (the "Contest Website"), which will redirect you to the LAY'S Canada Do us a Flavour™ Facebook application. In order to interact with the application, you will need to approve the Facebook application's request for permission to access your basic information and to post to your wall. Once you have granted permission, follow the online instructions to register and submit your entry by providing your flavour name, up to three (3) ingredients, your inspiration (maximum 140 characters), your first name, last name, phone number, province, email address, confirmation that you are at least the age of majority in your province or territory of residence at the time of entry and conformation that you agree to participate according to these Contest Rules (collectively, the "Online Entry"). Participants accessing the Contest Website on their mobile device may incur a charge from their service provider. Check with your service provider for details on these and any other applicable charges. Entrants are solely responsible for any such charges.
- Text Message: Use your SMS-enabled phone to text FLAVOUR to 101010. The Contest Sponsor's designated agent will send a reply message requesting you to submit your Entry by texting the following back to 101010: (i) your flavour name (maximum 28 characters) (each, a "Flavour Name"), (ii) up to 3 ingredients, and (iii) your flavour inspiration (maximum 140 characters) (collectively, the "Text Message Entry"). Entry by Text Message constitutes your agreement to receive text messages back relating to the Contest and, if applicable, text messages and/or calls for prize notification and instructions. Multiple messages will be required for each Entry made via text. Participants must have a mobile phone with SMS messaging capabilities to enter by text message and may incur a standard text message charge from their wireless service provider for each message sent and/or received. Check with your wireless service provider for details on these and any other applicable charges. STD MSG and data rates may apply. Entrants are solely responsible for any such charges. Not all wireless carriers participate.
There is no limit to the number of Entries per person per day.
In the event of a dispute over the identity of an entrant, the Entry will be considered made by the Registered Owner (as herein defined) of the email address associated with the Facebook account or, as applicable, the cell phone number used for entry. "Registered Owner" is defined, in the case of an Online Entry, as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address; and in the case of a Text Message Entry, as the natural person who is assigned a telephone number for the cell phone provider. All Entries become the sole property of the Contest Sponsor and will not be acknowledged or returned.
- ENTRY CONDITIONS:
Each Entry must:
The items identified above in (a) through (i) are collectively referred to as "Entry Conditions".
- Be primarily in English and/or French;
- Not be the same as, or substantially similar to, an existing flavour of LAY'S potato chips in Canada, as determined by the Contest Sponsor in its sole discretion. For a list of current LAY'S flavours, visit www.pepsico.ca;
- Not defame, misrepresent or contain disparaging remarks about the Contest Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Contest Sponsor, as determined by the Contest Sponsor in its sole discretion;
- Be suitable for family audiences, including without limitation for display and publication on packaging and national television, as determined by the Contest Sponsor in its sole discretion;
- Not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by Contest Sponsor in its sole discretion;
- Comply with Facebook Terms and Conditions available at http://www.facebook.com/terms.php
- Not contain any reference to any type of nut, tree nut or seed;
- Not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;
- Not be prohibited for use by applicable laws or guidelines as a food Flavour Name and/or broadcast advertisements.
The Contest Sponsor reserves the right to review any Entry at any time during the Contest Period for compliance with these Contest Rules and the Entry Conditions set out above and to take such action as it deems appropriate, including removing any posted Entry and disqualifying any Entry or entrant in the Contest Sponsor's sole discretion. Any such review shall not relieve entrants from responsibility for compliance with these Entry Conditions and Contest Rules.
By entering, you agree as follows: (i) you acknowledge that your Entry may be posted on the Contest Website, in the Contest Sponsor's sole discretion, although the Contest Sponsor has no obligation to use or post any Entry you submit; (ii) you have the right and authority to, and do hereby, grant to the Contest Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Contest Website, and the Facebook platform; (iii) you waive any and all moral rights that you may have in and to the Entry with respect to the uses contemplated herein; and (iv) you agree to release and hold harmless the Contest Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to the Contest Sponsor's use of the Entry.
By submitting an Entry, you warrant and represent that it: (i) is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright (excluding content provided by the Contest Sponsor, if applicable); (ii) has not been previously published; (iii) has not received previous awards; (iv) does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and (v) that publication of the Entry via various media, including without limitation publicly on the Internet, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, the Contest Sponsor and the Contest Parties from any claims to the contrary.
- CONTEST JUDGING: On April 15, 2013 at 7:00 PM (ET) in Toronto, Ontario, a qualified panel of judges, as selected by the Contest Sponsor in its sole discretion, will judge each Entry (including, without limitation, the Flavour Name, ingredients and inspiration) on each of the following criteria (the "Criteria"):
The four (4) entrants whose Entries receive the highest score based on the Criteria will be deemed the finalists ("Finalists") and their flavour idea ("Finalist Flavour") will be developed and produced by the Contest Sponsor for consumer evaluation and advance to the Contest Voting Period. In case of a tie for a Finalist position, tied Entries will be broken by selecting the Entry that receives the highest score for Criteria (c), followed by Criteria (a), followed by Criteria (b), until the tie is broken. Finalists will be announced on or around July 30, 2013.
- 30% Original and creative;
- 30% Simple, straightforward and fun;
- 40% Potential for delicious flavour for LAY'S potato chips.
- FINALIST FLAVOURS: The Finalist Flavours will be developed and produced as a limited time offering by the Contest Sponsor and offered for retail sale in Canada beginning on or around July 30, 2013. The Contest Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed Flavour Name and/or the inclusion/omission of one or more of the suggested ingredient(s) in the product formulation) for the Finalist Flavours placed in market. Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics detail, supplier information, margins and sale information for each Finalist Flavour remains the Contest Sponsor's proprietary information. Finalists shall not be entitled to access any of the Contest Sponsor's proprietary information except to the extent the Contest Sponsor elects to share such information, and the Contest Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the Finalist, as determined solely by the Contest Sponsor. Sales and distribution of the Finalist Flavours by participating retailers in Canada cannot be guaranteed by the Contest Sponsor, and the Contest Sponsor is not responsible for any uneven distribution of the Finalist Flavours. If existing inventories of a Finalist Flavour are exhausted prior to the end of the Voting Period, the Contest Sponsor is not obligated to produce more of that Finalist Flavour. It is at the Contest Sponsor's sole discretion how much involvement the Finalists will have (if any) in the product development and/or production process, the creation or planning of the package design, and/or any related promotional materials for his/her Finalist Flavour.
- CONTEST VOTING: During the Voting Period, consumers will be able to vote for their favourite Finalist Flavour via the Contest Website. At the Contest Sponsor's discretion, additional voting platforms may be available, including, but not limited to Text Message. Check the Contest Website on or after July 30, 2013 for additional information about how to vote for your favourite Entry(ies). Limit of one (1) vote per person per day, regardless of voting platforms (if applicable). Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt in any manner by any person to vote more than the number of times authorized herein or to compensate individuals for engaging in activities online that directly affects an Entry's votes, shall result in disqualification of all such votes and may result in the disqualification of any involved Finalist(s), if applicable, at the Contest Sponsor's sole discretion.
At the end of the Voting Period, the Finalist Flavour receiving the highest number of votes will be declared the Grand Prize winner (the "Grand Prize Winner") and eligible to receive the Grand Prize (as defined below). In the event of a tie, the Grand Prize Winner will be determined by selecting the Entry that received the highest score (as originally judged) from among the tied Entries for Criteria (c), followed by Criteria (a), followed by Criteria (b), until the tie is broken. Should a tie still remain, the Contest Sponsor may choose to conduct a random draw from
among all tied Finalist Entries. At the conclusion of the Voting Period, all Finalist Flavours will be removed from the market. The Grand Prize Winner's Flavour shall be relaunched in the market on or about November 18, 2013 for as long as the Contest Sponsor, in its sole discretion, elects to sell the Grand Prize Winner's Flavour.
- PRIZE DETAILS:
Finalist Prizes: There are four (4) finalist prizes available to be won, each consisting of five thousand dollars ($5,000 CDN), to be awarded in the form of a cheque payable to each Finalist (the "Finalist Prize"). Odds of winning a Finalist Prize are based on being selected as a Finalist by the judging panel. Finalist Prizes will be awarded no later than July 30, 2013.
Grand Prize: There is one (1) grand prize available to be won, consisting of fifty thousand dollars ($50,000 CDN) cash plus one percent (1%) of the future sales of the Grand Prize Winner's Finalist Flavour as sold under the Grand Prize Winner's Flavour Name in Canada (the "Sales") during the period beginning on or about November 18, 2013 and ending when the Grand Prize Winner's Finalist Flavour is no longer in market, as determined by the Contest Sponsor in its sole discretion (the "Sales Period") (collectively, the "Grand Prize"). The cash portion of the Grand Prize will be awarded in the form of a cheque payable to the Grand Prize Winner. Cheque will be delivered to the Grand Prize Winner within 4 – 6 weeks of verification. One percent (1%) of Sales will be paid quarterly within forty-five (45) days of the close of the Contest Sponsor's business quarter in the form of a cheque to be payable to the Grand Prize Winner. Only those sales of the Grand Prize Winner's Finalist Flavour product made under the Grand Prize Winner's Flavour Name during the Sales Period in Canada (the "Sales Area") will be included in the calculation of the Sales. The Contest Sponsor does not guarantee any minimum sum with respect to the 1% of Sales to be paid to the Grand Prize Winner. The Grand Prize Winner will not be entitled to any payment or award based on the sale of the Grand Prize Winner's Finalist Flavour product, or any flavour similar to it, outside of the Sales Area. The Contest Sponsor may limit, suspend, or discontinue sales of and/or rename and/or reformulate the Grand Prize Winner's Finalist Flavour product at any time without notice in its sole discretion. The calculation of Sales shall be solely as determined by the Contest Sponsor without appeal or right to an audit or accounting. Under no circumstances shall acceptance of the Grand Prize be deemed to create a relationship of employment, joint venture or partnership as between the winner and the Contest Sponsor. The Grand Prize Winner shall not be entitled to any payments, benefits or entitlements beyond the prize as described above. Tax consequences, if any, resulting from the winner's acceptance of the Grand Prize shall be the sole responsibility of the Grand Prize Winner. The Grand Prize Winner's Finalist Flavour product and its formulation and specifications are proprietary to the Contest Sponsor and winner has no rights or claims in same. Odds of winning the Grand Prize are based on being selected as a Finalist by the judging panel and the results of a public vote.
Finalist winners and Grand Prize Winner (hereinafter, both prize level winners may be collectively referred to as a "Winner") must accept prize as awarded by the Contest Sponsor or prize will be forfeited and awarded to an alternate entrant, at the Contest Sponsor's sole discretion. Prizes cannot be transferred or substituted, except at the Contest Sponsor's sole discretion. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, the Contest Sponsor reserves the right to substitute prize with another prize of equal or greater value. Limit one (1) Finalist Prize per person/household.
- FINALIST NOTIFICATION: Finalists will be notified between April 16, 2013 and April 20, 2013 by telephone and/or email at the telephone number and/or email provided at the time of Entry by the Contest Sponsor or its designated agent, or at a later date in the event that the Contest Sponsor is unable to contact a selected entrant. If a selected entrant cannot be reached within forty-eight (48) hours of the first attempt to contact the entrant, he/she will forfeit the opportunity to be declared a Finalist. Before being declared a Finalist, the selected entrants will be required to: (i) sign and return to the Contest Sponsor, or its designated agent, a Declaration, Release and Assignment that (1) confirms compliance with the Contest Rules, (2) confirms that the selected entrant will keep strictly confidential until July 30, 2013 the fact that entrant has been selected as a Finalist in the Contest, (3) irrevocably assigns and grants, on behalf of the Finalist, him- or herself and his/her heirs, executors, administrators, successors and assigns, to the Contest Sponsor the exclusive, perpetual, irrevocable, transferable, sublicensable right, title and interest in and to the Entry, including without limitation all copyright, and the right to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation, all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Contest Website, product packaging, and the Facebook platform, whether in association with his/her name or otherwise, (4) waives any and all moral rights that you may have in and to the Entry, and (5) releases the Contest Parties from any and all liability in connection with the Contest or the acceptance, awarding, use or misuse of any prize (the "Release Form"); (ii) correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone; and (iii) furnish proof of identification, in the form of a drivers' license or other form of government-issued photo identification. Finalist Entrants may also be required to consent to a confidential background check to confirm eligibility and to confirm that the use of the identity of a Finalist in any advertising, publicity or other activities associated with the Contest or the Contest Sponsor's use of the Finalist's Entry would not bring the Contest or the Contest Sponsor into disrepute, contempt, scandal or ridicule, other otherwise reflect unfavourably on the Contest and the Contest Sponsor, as determined in the Contest Sponsor's sole discretion.
If the Contest Sponsor is unable to reach the selected entrant within the time given, attempted notification is returned as undeliverable, selected entrant defames, misrepresents or makes disparaging remarks about the Contest Sponsor or any of its products, or communicates messages inconsistent with the positive images and/or goodwill associated with the Contest Sponsor, as determined by the Contest Sponsor in its sole discretion, or if selected entrant fails to: (i) return to the Contest Sponsor a duly completed Release Form by the required deadline; (ii) correctly answer the mathematical skill-testing question; (iii) accept the Grand Prize as awarded; (iv) consent to the background check and cooperate with the Contest Sponsor or its authorized agent such that the Contest Sponsor or its authorized agent can obtain a background check, if required; (v) keep strictly confidential until July 30, 2013 the fact that entrant has been selected as a Finalist in the Contest; or, (vi) otherwise comply with these Contest Rules, the selected entrant may be disqualified and the next highest scoring entrant may be selected who will be subject to disqualification in the same manner, at the Contest Sponsor's sole discretion and provided sufficient time remains. If an entrant is disqualified, he/she forfeits the chance to win both the Finalist Prize and the Grand Prize. Should a winner make any false statement(s) to the Contest Sponsor, or is otherwise found to have engaged in conduct contrary to these Official Contest Rules, the Winner may be required to promptly return to the Contest Sponsor his/her prize.
- RIGHT TO SUSPEND/MODIFY/TERMINATE: If for any reason the Contest is not capable of running as planned, including 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, the Contest Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, subject only to the approval of the Régie des alcools, des courses et des jeux (the "Régie") with respect to the province of Quebec, and disqualify any individual who is responsible for such action. If terminated, subject to the permission of the Régie, the Contest Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to time of such action using the procedures outlined herein.
- LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Contest Sponsor or the Contest Parties resulting from entrant's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by the Contest Sponsor or 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, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Contest Website in whole or in part for any reason; traffic congestion on the Internet or the Contest Website ; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or 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 Sponsor and the Contest Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Contest-related materials. Use of the Contest Website is at user's own risk. The Contest Sponsor 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 or video equipment resulting from participation in the Contest.
By participating in the Contest, entrants agree: (i) to release the Contest Sponsor and the Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest, including any claim that any of the Contest Sponsor's future products (LAY'S brand or otherwise) is similar to, based upon, or infringes on the entrant's Entry; (ii) 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; (iii) 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 (iv) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs.
By accepting any prize, recipient agrees that the Contest Sponsor, the Contest Parties, Facebook, Inc., participating retailers, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by Winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any prize. The Contest Sponsor and the Contest Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST WEBSITE AND/OR FACEBOOK OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By accepting a prize, Winners consent to the publication and use of their name, address (city, province), voice, statements, photographs, image and/or likeness in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, point of sale materials, radio, television and on the Internet for any purpose in connection with the Contest including, without limitation, for the purposes of advertising and trade, and promoting the Contest Sponsor and its products and services, without further notice or compensation.
- GENERAL CONDITIONS: This Contest is offered only in Canada and all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, participant's rights and obligations, or the rights and obligations of the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws in effect in the Province of Ontario, without giving effect to any choice of law or conflict of law rules.
Any waiver of any obligation hereunder by the Contest Sponsor does not constitute a general waiver of any obligation to entrants.
- QUEBEC RESIDENTS ONLY: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
- FACEBOOK: This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding this promotion shall be directed to the Contest Sponsor and not to Facebook.
† For the purposes of these Contest Rules, "competitor" means any other manufacturer, in any part of the world, of: (i) snack foods characterized as ready-to-eat, sweet or savoury snack food products, such as chips, crisps, including both potato based snacks and corn based snacks, extruded and pellet snack products, nuts, popcorn, pretzels, crackers, rice cakes and snacks, puffed snacks, cookies, chocolate bars, candy, snack and cereal bars, fruit snacks, snack and lunch kits, cheese snacks, salsas, sauces, meat snacks and dips; (ii) nutritional and energy supplements and enhancement products, such as energy, protein and meal replacement bars, energy drinks and bars; (iii) non-alcoholic beverages, such as carbonated beverages, non-carbonated drink beverages, fruit drinks, vegetable drinks, iced teas, fruit juices and fruit juice products, vegetable juices and vegetable juice products, energy drinks, waters (plain waters and waters enhanced with any added ingredients), and isotonic and sports drinks; and (iv) protein supplements and shakes, cereal and cereal products, all oat or other grain products, breakfast foods, syrup, muffins, bagels, bread and bread products, pancakes and waffles.