MARTIN’S® 2023 HOMETOWN MVP CONTEST – OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH WILL BE FINAL IN ALL RESPECTS.

Eligibility

Martin’s Hometown MVP Contest (the “Contest”) is sponsored by Martin’s Famous Pastry Shoppe, Inc.® (“Sponsor”). The Contest is open to all persons who are 18 years of age or older at the time of entry and legal residents of the 48 contiguous states of the United States of America. Sponsor has the right to verify the eligibility of each entrant. The following persons are not eligible to enter or win the Contest: employees of Sponsor or any of its respective parent companies, subsidiaries, or affiliates and members of any such employee’s immediate family (including the employee’s parents, spouse, children, and siblings, regardless of where they reside) or household (whether or not they are related to the employee). The Contest is subject to all applicable federal, state, and local laws and is void where prohibited by law.

How to Enter

To enter the Contest visit https://myhometownmvp.com/ and complete the submission form or publish content to a social media platform utilizing the hashtags #MartinsPotatoRolls and #HometownMVP.

All Contest entries regardless of medium used by entrant to enter must include a clear, high quality photograph of a prepared food item.  The photograph:

  • must be the original work of the entrant produced for this Contest;
  • must not infringe on any person’s intellectual property rights (including copyrights and trademarks) or rights of privacy of publicity;
  • must not contain offensive, obscene, or indecent material; and
  • must not contain defamatory statements or messages.

Entrants are limited to one entry per day.  Entries that do not adhere to these Official Rules as determined by Sponsor in its sole discretion will be considered void.

Submission Period

To be eligible to win the Contest, an entry must be completed and submitted within the time period beginning Monday, January 9, 2023, at 8:00 am ET and ending Sunday, February 12 2023, at 11:59 pm ET.

Sponsor reserves the right to extend or shorten the submission period at its sole discretion.

How to Vote; Voting Period

As set forth below there will be two winners: one winner will be determined by popular vote and one winner will be determined by Sponsor.  The popular vote is open to all members of the public.

The voting period will begin Monday, January 9, 2023, at 8:00 am ET and end Sunday, February 19 2023, at 11:59 pm ET.  To vote individuals must visit https://myhometownmvp.com and select their favorite image.  Voting is limited to one vote per day.

Sponsor reserves the right to extend or shorten the voting period at its sole discretion.

How to Win; Prizes

Two winners will be selected for the contest: one winner will be determined by popular public vote and one will be determined by Sponsor. The winners will be selected on Monday, February 20th 2023.  The entrant that receives the most votes from the public during the voting period will be the potential winner of the popular vote.

Sponsor’s selected winner will be chosen by the Martin’s Marketing team.  To be eligible to be Sponsor’s selected winner, an entry must showcase either Martin’s Big Marty’s Rolls or Martin’s Hoagie Rolls.  The potential winner chosen by the Martin’s Marketing team will be determined in accordance with the following criteria:

  1. the recipe is creative (50%), and
  2. tie between the prepared food item and the hometown chosen is evident (50%).

Subject to the other terms and conditions of these Official Rules, both winners will receive a Sony PlayStation 5 and a custom Martin’s jersey.  The retail value of each prize is $599.

No entrant may win more than one prize.  If an entrant is a potential winner for more than one prize, the entrant’s submission will be disregarded by Sponsor’s in sole discretion for purposes of determining the other prize winner.

All federal, state and/or local taxes associated with the prizes are the sole responsibility of each winner. Any other expenses associated with prize receipt and/or use that are not expressly described in these Official Rules are the sole responsibility of the winner.  The prizes are non-transferable.  Sponsor reserves the right, in its sole discretion and for any reason (including, without limitation, lack of availability), to substitute any or all of the prizes with prizes of similar monetary value.  The winners do not have the right to substitute prizes.

Winner Notification; Terms and Conditions to Claim Prizes

Sponsor will either email or Instagram direct message a prize notification on Monday, February 20, 2023, to each potential Contest winner with instructions for claiming the potential winner’s prize.  Each potential winner must

  1. send a reply email or direct message to Sponsor within 48 hours after Sponsor emails or direct messages the prize notification to the potential winner, and
  2. provide Sponsor with a valid address for prize delivery within one week after Sponsor emails or direct messages the prize notification to the potential winner.

Each entrant is responsible for monitoring the entrant’s email (including the entrant’s spam and junk folders) and Instagram direct messages for the prize notification and any other communications related to the Contest.  If a potential winner does not (i) send the reply email or direct message to Sponsor within 48 hours after Sponsor emails or direct messages the prize notification, or (ii) provide Sponsor with a valid address for prize delivery within one week after Sponsor emails or direct messages the prize notification, that entrant will forfeit the prize and, in the case of the winner’s prize, the entrant who receives the next highest score in the applicable category  will be offered the prize.

Any and all taxes and other costs and expenses associated with the acceptance, receipt, and/or use of a prize are solely the responsibility of the prize winner.

Sponsor’s decisions are final and binding on all matters relating to the Contest.

Delivery of Prizes

Sponsor will deliver each prize to the applicable winner. The delivery address specified by a potential prize winner must be a street address in the continental United States. Prizes cannot be shipped to a PO Box. Sponsor will not be responsible for undeliverable, lost, or stolen prizes.

Additional Terms and Conditions

Sponsor may remove any comments or other content from its websites, Facebook pages, Instagram posts, and other social media sites that it deems inappropriate in its sole discretion, including, without limitation, comments or other content that violate Sponsor’s Terms of Use or other policies.

Sponsor reserves the right to terminate, suspend, or amend the Contest without notice for any reason, including, without limitation, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering, unauthorized intervention, technical failure, or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity, or proper play of the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any entrant Sponsor deems to be (1) tampering or attempting to tamper with the operation of the Contest, (2) violating these Official Rules, (3) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person, (4) engaging in fraud, dishonesty, or illegal activity, and/or (5) giving false or misleading information to Sponsor.

Sponsor, its respective parent and subsidiary companies, affiliates, administrators, advertising and promotional agencies, and all their respective officers, directors, employees, representatives, and agents (collectively, the “Sponsor Parties”) are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Neither the Sponsor Parties nor any network or service providers are responsible for any human error, technical malfunction, incorrect or inaccurate transcription of entry information, omission, interruption, deletion, line failure, or malfunction of any network, computer equipment or software, the inability to access any website or online service, lost or delayed data transmission, or any other error, human or otherwise.

The Contest is not sponsored, endorsed, or administered by or associated with Facebook, Instagram, Twitter, or YouTube. By entering the Contest, you agree to release Facebook, Instagram, Twitter, and YouTube from any and all claims.

Indemnification; Limitations of Liability; Limitations on Warranties

By entering the Contest, you agree to release, indemnify, and hold harmless the Sponsor Parties from any and all claims, liabilities, damages, losses, injuries, or costs, including reasonable attorneys’ fees, arising out of or resulting from your participation in the Contest, your acceptance, use, or misuse of any prize that may be won, or the Sponsor’s use or posting of your photo submission in any manner.

IN NO EVENT WILL ANY OF THE SPONSOR PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE CONTEST, YOUR ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE THAT MAY BE WON, OR THE SPONSOR’S USE OR POSTING OF YOUR PHOTO SUBMISSION IN ANY MANNER.

The Sponsor Parties do not make any warranties, express or implied, as to the condition, fitness, or merchantability of any prize.

Sponsor’s Use of Your Submission; Intellectual Property Rights, including Copyrights and Rights of Publicity

The Sponsor may display, broadcast, publish, use, edit, and/or modify any photo you submit in connection with the Contest, and use your name and likeness, in each case, in any and all media, throughout the world, for any purpose. By participating in the Contest:

  • You irrevocably grant to the Sponsor the unconditional and perpetual right to display, broadcast, publish, use, edit, and/or modify your photo submission in any way, and to use your name and likeness, in each case, in any and all media, throughout the world, for any purpose and without notice or consideration to you.
  • You agree that the Sponsor may use any material in or similar to your submission without obligation to you and, in such case, you will not be entitled to any compensation of any kind.
  • You agree to release, indemnify, and hold harmless the Sponsor Parties from any and all claims or allegations that any commercial, advertising, presentation, web content, or any other material subsequently produced, presented, and/or prepared by or on behalf of the Sponsor infringe on your rights arising out of or related to your submission.
  • You represent and warrant to the Sponsor that you have all rights and permissions to submit your photo and that the submission of the photo, and any use of the photo by the Sponsor, will not violate the intellectual property, privacy, or publicity rights of any third party.

Privacy and Email Communications

By participating in the Contest, you agree that Sponsor may use the information it obtains from and about you in connection with the Contest in accordance with its privacy policy. You also agree to receive future emails and social media communications from Sponsor. Sponsor’s privacy policy is available here: https://potatorolls.com/privacy-policy.

Severability

If any provision of these Official Rules or the application of any such provision to any person or circumstance is declared by a court of competent jurisdiction to be invalid, unenforceable, or void, such decision will not have the effect of invalidating or voiding the remainder of these Official Rules, it being the intent and agreement of the parties that these Official Rules will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal, and enforceable so as to materially effectuate Sponsor’s intent.

Arbitration

Except where prohibited by law, by participating in the Contest, you agree that (1) any and all claims or disputes arising out of or connected with the construction, interpretation, or enforceability of these Official Rules, or the rights or obligations of entrants or Sponsor in connection with the Contest, will be resolved exclusively by final and binding arbitration, (2) such arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and conducted under the rules of the American Arbitration Association, (3) such arbitration will be conducted on an individual basis only, without resort to any form of class, collective, representative, or multi-plaintiff action, and (4) judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitrator will determine whether or not an issue is arbitrable; provided that any dispute concerning the validity or enforceability of the prohibition in these Official Rules against class, collective, representative, or multi-plaintiff action arbitration will be decided by a court of competent jurisdiction, and no arbitrator will have any authority to consider or decide any issue concerning the validity or enforceability of such prohibition.

Governing Law and Venue

Any and all claims or disputes arising out of or connected with the construction, interpretation, or enforceability of these Official Rules, or the rights or obligations of entrants or Sponsor in connection with the Contest, will be governed by the laws of the Commonwealth of Pennsylvania, without reference to any choice of law or conflict of laws principals; provided that any arbitration conducted pursuant to these Official Rules will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Subject to the provisions in these Official Rules regarding arbitration, any and all such claims or disputes will be resolved in the federal or state courts located in Franklin County, Pennsylvania and, to the extent permitted by law, each party waives all rights to trial by jury in any action or proceeding instituted in connection with these Official Rules or the Contest.

Questions

Any questions regarding these Official Rules or the Contest should be directed to Sponsor by email to marketing@potatorolls.com or by mail to Martin’s Famous Pastry Shoppe, Inc., 1000 Potato Roll Lane, Chambersburg, PA