A VERY MERRY MARTIN’S® GIVEAWAY – OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN, AND NO PURCHASE OR PAYMENT WILL INCREASE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH WILL BE FINAL IN ALL RESPECTS.
A Very Merry Martin’s Giveaway (the “Giveaway”) is sponsored by Martin’s Famous Pastry Shoppe, Inc.® (“Sponsor”). The Giveaway is open to all legal residents of the following states: Alabama, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, and the District of Columbia (collectively, the “Territory”) who are 21 years of age or older at the time of entry. Sponsor has the right to verify the eligibility of each entrant. The following persons are not eligible to enter or win the Giveaway: 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 Giveaway is subject to all applicable federal, state, and local laws and is void where prohibited by law.
How to Enter
To enter the Giveaway, fill out the entry form located at www.VeryMerryMartins.com. Each entrant is limited to one entry per day. Each entrant may only use one email address to enter the Giveaway. Submissions that do not adhere to these Official Rules as determined by Sponsor in its sole discretion will be considered void.
An entry must be received during the applicable submission period set forth below in order to be eligible to win the $500 Visa gift card for that submission period. Entries made during a submission period do not apply to subsequent submission periods.
- Submission period 1: Friday, November 3, 2023 9:00 am ET – Friday, November 10, 2023 8:59 am ET
- Submission period 2: Friday, November 10, 2023 9:00 am ET – Friday, November 17, 2023 8:59 am ET
- Submission period 3: Friday, November 17, 2023 9:00 am ET – Friday, November 24, 2023 8:59 am ET
- Submission period 4: Friday, November 24, 2023 9:00 am ET – Friday, December 1, 2023 8:59 am ET
- Submission period 5: Friday, December 1, 2023 9:00 am ET – Friday, December 8, 2023 8:59 am ET
- Submission period 6: Friday, December 8, 2023 9:00 am ET – Friday, December 15, 2023 8:59 am ET
- Submission period 7: Friday, December 15, 2023 9:00 am ET – Friday, December 22, 2023 8:59 am ET
- Submission period 8: Friday, December 22, 2023 9:00 am ET – Friday, December 29, 2023 8:59 am ET
Sponsor reserves the right to extend or shorten any or all submission periods at its sole discretion.
How to Win; Prizes
Subject to the other terms and conditions of these Official Rules, for each submission period, one randomly selected eligible entrant that entered the Giveaway during that submission period will win a $500 Visa gift card.
The odds of winning depend on the number of eligible entries received. 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
Within eight (8) hours of the close of a submission period, Sponsor will email a prize notification to the potential winner of the Visa gift card for that submission period with instructions for claiming the potential winner’s prize.
Each potential winner must
- send a reply email to Sponsor within 48 hours after Sponsor emails the prize notification to the potential winner, and
- provide Sponsor with valid address for prize delivery within one week after Sponsor emails 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) for the prize notification and any other communications related to the Giveaway. If a potential winner does not (i) send the reply email to Sponsor within 48 hours after Sponsor emails the prize notification, or (ii) provide Sponsor with a valid address for prize delivery within one week after Sponsor emails the prize notification, then that entrant will forfeit the prize and another drawing will take place to select the prize recipient.
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 Giveaway.
Delivery of Prizes
Each prize will be distributed to the applicable winner via US mail. The delivery address specified by a potential prize winner must be a street or PO Box address in the Territory. Sponsor will not be responsible for undeliverable, lost, or stolen prizes.
Additional Terms and Conditions
Sponsor reserves the right to terminate, suspend, or amend the Giveaway without notice for any reason, including, without limitation, if Sponsor determines that the Giveaway 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 Giveaway. 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 Giveaway, (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 Giveaway, including, but not limited to, errors in any printing or posting of 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 Giveaway is not sponsored, endorsed, or administered by or associated with Facebook, Instagram, Twitter, or YouTube. By entering the Giveaway, you agree to release Facebook, Instagram, Twitter, and YouTube from any and all claims. The Giveaway complies with the YouTube Community Guidelines, and any entry which does not comply with YouTube Community Guidelines will be disqualified.
Indemnification; Limitations of Liability; Limitations on Warranties
By entering the Giveaway, 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 Giveaway or your acceptance, use, or misuse of any prize that may be won.
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 GIVEAWAY OR YOUR ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE THAT MAY BE WON.
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; Rights of Publicity
By participating in the Giveaway, you grant Sponsor permission to use your name and likeness for publicity purposes in any medium, without payment of additional consideration and without further notice or opportunity for review, except where prohibited by law.
Privacy and Email Communications
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.
Except where prohibited by law, by participating in the Giveaway, 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 Giveaway, 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 Giveaway, 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 Giveaway.
Any questions regarding these Official Rules or the Giveaway should be directed to Sponsor by email to firstname.lastname@example.org or by mail to Martin’s Famous Pastry Shoppe, Inc., 1000 Potato Roll Lane, Chambersburg, PA.