Martin’s Famous Pastry Shoppe – 2023 Summer Fun Season Sweepstakes
MARTIN’S® 2023 SUMMER FUN SEASON 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 2023 Summer Fun Season Sweepstakes (the “Sweepstakes”) is solely sponsored by Martin’s Famous Pastry Shoppe, Inc.® (“Sponsor”).
Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort (“Universal Orlando”) and Universal City Studios LLC d/b/a Universal Studios Hollywood (“Universal Studios Hollywood”) (collectively referred to herein as “Universal”) are prize providers only in this promotion; are not sponsors of this promotion; and are not responsible for the administration of the promotion, the collection of the entries or the selection of any winner.
The Sweepstakes is open to all persons who are 21 years of age or older at the time of entry and legal residents 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 Sweepstakes: employees of Sponsor or Universal or any of their respective parent, 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 is subject to all applicable federal, state, and local laws and is void where prohibited by law.
How to Enter
To enter the Sweepstakes visit https://www.MartinsSummerFun.com and complete the entry form. Each entrant is limited to one entry per day, per submission period. Entries that do not adhere to these Official Rules, as determined by Sponsor in its sole discretion, will be considered void.
There will be three submission periods during the Sweepstakes. An entry must be received during the applicable submission period set forth below in order to be eligible to win the prize for that submission period.
Submission period 1: Monday, May 1, 2023 8:00 am ET – Wednesday, May 31, 2023 11:59 pm ET
Submission period 2: Thursday, June 1, 2023 8:00 am ET – Friday, June 30, 2023 11:59 pm ET
Submission period 3: Saturday, July 1, 2023 8:00 am ET – Monday, July 31, 2023 11:59 pm ET
Sponsor reserves the right to extend or shorten any or all submission periods at its sole discretion.
How to Win; Prizes
Sponsor will award one prize for each of the three submission periods (i.e., there will be a total of three prizes awarded and three prize winners). The potential winner of the prize for each submission period will be selected within five days after the end of that period by random drawing from all eligible entries received during that period.
Subject to the other terms and conditions of these Official Rules, the prize winner for each submission period will win a trip for the winner and up to three guests to the winner’s choice of either (a) Universal Orlando Resort in Orlando, Florida (the “Universal Orlando Resort Prize”) OR (b) Universal Studios Hollywood in Hollywood, California (the “Universal Studios Hollywood Prize “).
If the winner chooses the Universal Orlando Resort Prize, the prize will consist of the following:
Round trip economy airfare for winner and up to three guests from a major commercial airport near potential winner’s home (as determined by Universal Orlando in its sole discretion) to Orlando, Florida.*
Three nights’ standard hotel accommodation (one room, quadruple occupancy, room and tax only) at Universal’s Cabana Bay Beach Resort or at another Universal Orlando Resort hotel (as determined by Universal Orlando in its sole discretion).
Non-exclusive ground transportation between the airport and hotel in Orlando, Florida.*
3-Park 3-Day Park-to-Park tickets for admission to Universal Studios Florida, Universal’s Islands of Adventure theme parks, and Universal’s Volcano Bay water theme park for winner and up to three guests.
The fair market value of the Universal Orlando Resort Prize is $4,860.57.
*For a winner who is a Florida resident and selects the Universal Orlando Resort Prize, air transportation may be substituted with another method of transportation by Universal Orlando in its sole discretion.
If the winner chooses the Universal Studios Hollywood Prize, the prize will consist of the following:
Round trip economy airfare for the winner and up to three guests from a major commercial airport near potential winner’s home (as determined by Universal Studios Hollywood in its sole discretion) to Los Angeles, California.**
Two nights’ standard hotel accommodation (one room, quadruple occupancy, room and tax only) at the Sheraton Universal Hotel (or at another nearby hotel as determined by Universal Studios Hollywood in its sole discretion).
Non-exclusive ground transportation between the airport and hotel in Los Angeles, California.**
2-Day General Admission tickets to Universal Studios Hollywood theme park for winner and up to three guests.
The fair market value of the Universal Studios Hollywood Prize is $4,746.00.
**For a winner who is a California resident and selects the Universal Studios Hollywood Prize, air transportation may be substituted with another method of transportation by Universal Studios Hollywood in its sole discretion.
Prize Terms and Conditions
The prize trip must be completed by August 5th, 2024 or the winner will forfeit the prize. Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to Universal and Sponsor approval. Reservations are subject to availability. The trip must be booked at least 60 days prior to intended departure date. If the winner elects to partake in any or all portions of the prize with fewer than the allotted number of guests or no guests, the prize will be awarded to the winner and each participating guest and any remainder of the prize will be forfeited and will not be subject to further or alternative compensation. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Winner must be twenty-one (21) years of age or older. Unless a child or ward of the winner or one of the allotted guests, each guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the winner. The fair market value of the prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between the stated fair market value and final fair market value of the prize will not be awarded. Each prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the prize and all such expenses are the sole responsibility of the winner. The winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. The winner and guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Universal. All details of the Universal Orlando Resort Prize and the Universal Studios Hollywood Prize will be determined by Universal in its sole discretion and Universal reserves the right to substitute a similar prize or prize element of comparable value.
All theme park and show tickets are valid during normal operating hours only. Operating hours and availability of attraction and shows are subject to change without notice. Some special events may be separately ticketed. Universal Studios Hollywood reserves the right to change the name of any ticket. Unless otherwise noted, all theme park and show tickets specifically exclude admission to special or separately ticketed ‘hard ticket’ entertainment events at any of the theme parks, hotels, or within any of the Universal CityWalk venues.
In connection with any visit to Universal Orlando Resort and/or Universal Studios Hollywood, please be advised that Universal’s policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and neither Sponsor nor Universal can guarantee that any person will not be exposed during a visit. By accepting the Prize, winner, on behalf of him or herself and on behalf of any individuals who use the Prize, expressly assumes the risk that during use of the Prize they may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. Winner and Guests, if any, expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases.
All parts of the prize selected are subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, and any related governmental or judicial actions taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfilment of some or all of the prize delayed, hindered, adversely affected, impracticable, or impossible, Universal, in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for any prize or portion of the prize that Universal is responsible for, which may include, but is not limited to, providing additional time for redemption and/ or fulfilment. Should the prize become unavailable, experiences and items of a similar nature and value may be offered.
No entrant may win more than one prize. The odds of winning depend on the number of eligible entries received per submission period.
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 and have no cash value. 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 a week after the end of each submission period, Sponsor will email a prize notification to each potential Sweepstakes winner 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 a properly completed IRS Form W-9, affidavit of eligibility, liability release, publicity release and such other documentation and information as Sponsor may require to award the prize, 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 Sweepstakes. 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 the documentation and information referenced in item no. 2 above within one week after Sponsor emails the prize notification, 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. Each winner will receive an IRS Form 1099 for the value of the prize.
Sponsor’s decisions are final and binding on all matters relating to the Sweepstakes.
Sponsor will provide the prize winner’s name, mailing address, email address, and phone number to Universal within 48 hours of prize winner returning completed documentation referenced above under heading Winner Notification; Terms and Conditions to Claim Prizes. Within two weeks of receiving the prize winner’s information, Universal will send the prize winner a congratulatory letter and winner’s questionnaire, providing instructions as to how to claim the prize provided by Universal. Sponsor will not be responsible for undeliverable, lost, or stolen items.
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, Universal and their 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 are not sponsored, endorsed, or administered by or associated with Facebook, Instagram, Twitter, or YouTube. By entering the Sweepstakes, you agree to release Facebook, Instagram, Twitter, and YouTube 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 any prize.
Rights of Publicity
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.
Claims and Disputes Regarding the Prizes
Any disputes, claims, and causes of action against Universal Orlando arising out of or relating to any person’s use of, or participation in any portion of the Universal Orlando Resort Prize involving Universal Orlando Resort shall be resolved by applying the laws of Florida, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees. Any disputes, claims and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in any portion of the Universal Studios Hollywood Prize involving Universal Studios Hollywood shall be governed by the laws of California and shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (an “Arbitration”) in Los Angeles, California. The Arbitration shall be administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedure of JAMS (available at https://www.jamsadr.com/rules-streamlined-arbitration/) or subsequent versions thereof, including the optional appeal procedure.
Other Claims and Disputes
Except where prohibited by law, by participating in the Sweepstakes, you agree that (1) any and all other 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 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.
Any and all such other claims or disputes 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 other 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 firstname.lastname@example.org or by mail to Martin’s Famous Pastry Shoppe, Inc., 1000 Potato Roll Lane, Chambersburg, PA