MARTIN’S® ULTIMATE GAME PLAN #WINITWEEK SWEEPSTAKES – 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.
Martin’s Ultimate Game Plan #WinItWeek Sweepstakes (the “Sweepstakes”) is sponsored by Martin’s Famous Pastry Shoppe, Inc.® (the “Sponsor”). The Sweepstakes are open to all legal residents of the 48 contiguous United States and the District of Columbia who are 18 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 Sweepstakes: 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 Sweepstakes are subject to all applicable federal, state, and local laws and are void where prohibited by law.
How to Enter
To enter the Sweepstakes, comment on one of the three (3) “#WinItWeek” posts on Martin’s Facebook page and/or Martin’s Instagram Page. Multiple entries are permitted. Submissions that do not adhere to these Official Rules as determined by Sponsor in its sole discretion will be considered void.
All entries must be submitted within the time period beginning January 6, 2020 at 1:00 pm ET and ending Monday, January 27, 2020 at 12:59 pm ET. Each entry must be received during the applicable submission period set forth below in order to be eligible to win the prize for the corresponding #WinItWeek.
|Week 1||Monday, January 6, 2019 1:00 pm ET – Monday, January 13, 2019 10:59 pm ET|
|Week 2||Monday, January 13, 2019 1:00 pm ET – Monday, January 20, 2019 10:59 pm ET|
|Week 3||Monday, January 20, 2019 1:00 pm ET – Monday, January 27, 2019 10:59 pm ET|
Sponsor reserves the right to extend or shorten the submission period at its sole discretion.
How to Win; Prizes
Subject to the other terms and conditions of these Official Rules, 25 randomly selected eligible entrants will win each respective #WinItWeek from Facebook and 25 randomly selected eligible entrants will win each respective #WinItWeek from Instagram (50 Prizes Total).
The winners of each #WinItWeek will win the respective Martin’s branded prize for that week set forth below:
|Week 1||Foam Finger (Retail Value $1.65)|
|Week 2||Cowbell (Retail Value $2.00)|
|Week 3||Cooler (Retail Value $6.00)|
Winner Notification; Terms and Conditions to Claim Prize
Sponsor will send a prize notification via Facebook and/or Instagram to the first potential 50 Sweepstakes winners for each #WinItWeek via the Woobox “Pick a Winner Tool” after the close of the submission period for that week with instructions for claiming the potential winner’s prize. The potential winner must send a reply email to Sponsor within 24 hours after Sponsor emails the prize notification to the potential winner.
Each entrant is responsible for monitoring the entrant’s social media (including the entrant’s spam and junk folders) for the prize notification and any other communications related to the Sweepstakes. If a potential winner does not respond to Sponsor within 24 hours after Sponsor sends the prize notification that entrant will forfeit the prize and another random 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 the prize are solely the responsibility of the prize winner.
Sponsor’s decisions are final and binding on all matters relating to the Sweepstakes.
Additional Terms and Conditions
Sponsor reserves the right to terminate, suspend, or amend the Sweepstakes without notice for any reason, including, without limitation, if Sponsor determines that the Sweepstakes 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 Sweepstakes. 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 Sweepstakes, (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 Sweepstakes, 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 Sweepstakes is not sponsored, endorsed, or administered by or associated with Facebook or Instagram. By entering the Sweepstakes, you agree to release Facebook and Instagram from any and all claims.
Indemnification; Limitations of Liability; Limitations on Warranties
By entering the Sweepstakes, 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 Sweepstakes 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 SWEEPSTAKES 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 the prizes.
By participating in the Sweepstakes, 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 Sweepstakes, 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 the Sponsor in connection with the Sweepstakes, 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 in connection with the Sweepstakes, 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 Sweepstakes.
Any questions regarding these Official Rules or the Sweepstakes should be directed to Sponsor by email to email@example.com or by mail to Martin’s Famous Pastry Shoppe, Inc., 1000 Potato Roll Lane, Chambersburg, PA 17202, Attn: Marketing.