Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1093

RESPONSE in Opposition re 1050 MOTION FOR LEAVE TO SUPPLEMENT THEIR P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO FRITO-LAY, INC.'S HAPPINESS.LAYS.COM filed by Frito-Lay, Inc.. (Attachments: # 1 Declaration of J. Yee, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Text of Proposed Order)(McSwane, Douglas)

EXHIBIT 12

PepsiCo's Doritos and Pepsi Max Brands Dominate USA Today Ad Meter With Consum... Page 1 of2

-

1(1

ISeiirçh

Garfiit!

Uke .~ SIl,\II~TlII5".'\Ot
Top-Ranked Upug Attack" Wins Creator $1 Millon; uHouse Sitting" Wins $400,000 (or Third-Highest Score

PLANO, Texas/PURCHASE. New York - PepsiCo's Deritos and Pepsi MA brands last night made Super Bowl advertising history when four
the USA TODAY Ad Meter. Consumer-created Dorilos commercial, "Pug Attacki~
achieved the No.1 Ad Meter ranking, winning its creator JR Burningham $1 million and a guaranteed contract to create an additional television
ad for Doriles and Pepsi MA in 2011. This marks only the second time in history that a consumer-created ad has topped the USA TODA Y Ad
Meter. In addition, consumer-created Doritos ad, "House Sittingn landed the third-highest Ad Meter score, winning its creator, Tynesha Williams,
$400,000. The fourth-highest Ad Meter score went to consumer-created Pepsi MA ad, "Love Hurts,n created by Brad Bosley.
consumer-created ads scored within the top-ten rankings of

A total of six consumer-created Doritos and Pepsi MAX ads aired during the Super Bowl broadcast. In addition to "Pug Attack," "House Sittingn

and "Love Hurts," Doritos and Pepsi MAX also aired "The Best Part" (Doritos), "First Date" (Pepsi MA), and "Torpedo Coolet' (Pepsi MAX)
during the big game. All six winning ads were among 10 finalists selected by Doritos and Pepsi MA from the more than 5,600 submissions
received as part of this yeats Crash the Super Bowl contest. Consumer votes determined four of the six spots that aired - two for Doritos and

two for Pepsi MA. In addition, Doritos and Pepsi MAX executives each selected a winning spot for their respective brands.
"We knew our fans would bring exceptional
talent to this yeats contest, and we're thriled to award $1.4 millon to help JR and Tynesha set off to
pursue their dreams,n said Rudy Wilson, vice president. marketing, Frito-Lay. ~We know this is just the beginning of so much more to come in

their careers."
Aspiring fimmaker JR Burningham and his fiancéelbusiness partner Tess Ortbals created "Pug Attack" with little time and money. The ad
features a Doritos tortila chip-obsessed pug whose master completely underestimates the dog's ability to get a taste of its favorite snack.
Tynesha Williams' "House Sitting" features a desperate house-sitter seeking to undo his damage before his friend returns home. \Men he
discovers the intense healing powers of Doritos tortila chips, the house-sitter magically brings to life more than he bargained for.

This year marked the fifh anniversary of Crash the Super Bowl and the first time Pepsi MA partnered with Doritos for the contest. The program
attracted a record-setting number of fan submissions and generated an unprecedented level of consumer votes.

'We congratulate all of our talented fans and especially our finalists who got the opportunity to see their work on the biggest advertising stage in
the world," said Angelique Krembs, vice president, Pepsi Marketing. 'The past year has been so exciting for Pepsi MAX as we re-Iaunched the
brand and saw sales double. And now, we can't wait to build on this succss as we work with JR to create an additional ad for Doritos and Pepsi
MAX later this year."
10 Crash the Super Bowl finalists received $25,000 and a trip to attend the Super Bowl. Grand prizes were based on how each
winning ad ranked on the USA TODA Y Ad Meter:
This year, all

. $1 millon awarded for an ad that scores number one on the Ad Meter
. $600,000 awarded for an ad that scores number two on the Ad Meter
. $400,000 awarded for an ad that scores number three on the Ad Meter
If the consumer-created Doritos or Pepsi MAX ads swept all top-three rankings of
the USA TODAY Ad Meter, an additional $1 millon bonus
would be awarded to each top-three winner for a total prize giveaway of $5 million.

The USA TODAY Super Bowl Ad Meter tracks the second-by-second responses of a panel of viewers to ads during the national broadcast of the
Super Bowl and ranks them favorite to least favorite. Created in 1989, USA TODA V's Ad Meter has been regarded as the most influential Super
Bowl ad rating in the advertising industry.

Doritos tortilla chips is one of the bilion-dollar brands that make up Frito-Lay North America, the $13 billon convenient foods business unit of
PepsiCo (NYSE: PEP), which is headquartered in Purchase, NY. Pepsi MA is one of PepsiCo's billion-dollar global brands and is part of Pepsi
Americas Beverages. To learn more about Pepsi MAX, visit the Pepsi MA tab on Pepsi's Facebook page at: ww.oeosimax.com or on Twitter
at: twitter.comlpepsimax. To learn more about Doritos, visit its website at ww.doritos.co.m or on Twitter at ww.twittercomfQ..Io.s_U_S...
PepsiCo offers the world's largest portolio of billon-dollar food and beverage brands, including 19 different product lines that each generates

more than $1 bilion in annual retail sales. Our main businesses - Frito-Lay, Quaker. Pepsi-Cola, Tropicana and Gatorade - also make hundreds
of other nourishing, tasty foods and drinks that bring joy to our consumers in more than 200 countries. With annualized revenues of nearly $60

billon, PepsiCo's people are united by our unique commitment to sustainable growth, called Penormance with Purpose. By dedicating ourselves
to offering a broad array of choices for healthy, convenient and fun nourishment, reducing our environmental impact, and fostering a diverse and
inclusive workplace culture, PepsiCo balances strong financial returns with giving back to our communities worldwide. For more information,

http://ww.fritolay.com/about-us/press-release-20 11 0207 .html

11/2/2011

PepsiCo's Doritos and Pepsi Max Brands Dominate USA Today Ad Meter With Consum... Page 2 of2

please visit WW.PJ~P_sjç-,c;om.

og 2011 FRITO.LA'i NORTH AMERICA,INC.

http://ww.fritolay.comlabout-us/press-release-20 11 0207 .html

112/2011