Marco's Emoji Sweepstakes Official Sweepstakes Rules
- 13 May 2016 •
- 13 May 2016 •
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS.
- OPEN ONLY TO LEGAL U.S. RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID IN PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED.
- MUST BE 18 YEARS OF AGE AND OLDER AS OF MAY 16, 2016 TO PARTICIPATE.
- Instagram: To enter the Sweepstakes via Instagram, you must be a registered member of Instagram with a public profile. If you do not have an Instagram account, download the Instagram app from your device’s app store and create an account. Registration for and use of Instagram and other Instagram applications are subject to Instagram’s terms and conditions and Sponsor has no responsibility with respect to such registration or use. Upload your Submission to Instagram, including the hashtag #MarcoSweepstakes in your caption before sharing your Submission.
- Twitter: To enter the Sweepstakes via Twitter, you must be a registered member of Twitter with a public profile. If you are not a registered member of Twitter, please visit http://www.twitter.com
- Facebook: To enter the Sweepstakes via Facebook, you must be a registered member of Facebook with a public profile. If you are not a registered member of Facebook, please visit http://facebook.com to register for an account. Registration for and use of Facebook and other Facebook applications are subject to Facebook’s terms and conditions and Sponsor has no responsibility with respect to such registration or use. Upload your Submission to Facebook, including the hashtag #MarcoSweepstakes in your caption before sharing your Submission.
Offered by Marco’s Franchising, LLC (“Marco’s Pizza”)
“Marco’s Emoji Sweepstakes”
THE SWEEPSTAKES IS GOVERNED BY THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL RULES, INCLUDING ALL ELIGIBILITY REQUIREMENTS, AND UNDERSTANDS THAT THE RESULTS OF THE SWEEPSTAKES, AS DETERMINED BY THE SPONSOR AND ITS AGENTS, ARE FINAL IN ALL RESPECTS. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.
Employees of Marco’s Franchising, LLC (“Sponsor”) and its respective successors, affiliates, prize suppliers, advertising and promotion agencies, agents, representatives, officers, directors, shareholders and employees (collectively, “Releases”), and each of their immediate family members (spouse and parents, children and siblings, and their respective spouses, regardless of where they live) and individuals living in the same households of each of these individuals, whether related or not, of the above are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local laws. U.S. law governs this Sweepstakes. The Sweepstakes, and any website pages relating thereto, is intended for viewing only within the contiguous United States.
2. SPONSOR: The sponsor of this Sweepstakes is Marco’s Franchising, LLC, 5252 Monroe Street, Toledo, OH 43623-3140, USA.
3. HOW TO ENTER: Sweepstakes begins May 16, 2016 at 12:00:00 a.m. EDT and ends August 7, 2016 at 11:59 p.m. EDT (“Sweepstakes Period”). You must be 18 years of age by May 16, 2016 to enter. For entry methods below, you must take a photo showing you with a specially-marked Pepsi “PepsiMoji branded 20 oz .beverage and a Marco’s Pizza (hereinafter referred to as “Submission”) along with the hastag #MarcoSweepstakes. Entries will not be judged.
THERE ARE THREE (3) WAYS TO ENTER:
to register for an account. Registration for and use of Twitter and other Twitter applications are subject to Twitter’s terms and conditions and Sponsor has no responsibility with respect to such registration or use. Upload your Submission to Twitter, including the hashtag #MarcoSweepstakes in your caption before sharing your Submission.
If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable changes. You are solely responsible for any such wireless charges. Not all wireless carriers participate.
By entering, you (“Entrant”) warrant and represent the following with respect to Submission: (a) Entrant is the sole and exclusive owner of the photo and has obtained the necessary rights and consents; and (b) the photo will not infringe on any rights of any third parties. Once uploaded, Submission will not be returned. All Submissions will be reviewed for content before being published. Sponsors may, in their sole discretion, remove, delete, disqualify and/or forfeit any Submission they deem inappropriate, indecent or obscene, and unsuitable for publishing or otherwise non-compliant. Certain Submissions may be featured from time to time on a Sponsor-controlled website during the Sweepstakes Period, in Sponsors’ sole discretion; being selected as a featured Submission does not guarantee selection as a Prize Winner in the Sweepstakes.
Proof of submitting an Entry does not constitute proof of delivery. All Entries become the property of Sponsor and will not be returned to Entrant. Every Entry must be manually keystroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or game service) will be disqualified and transmissions from these or related e-mail or IP addresses may be blocked.
Limit one (1) Instagram Entry per person/Instagram account/household per day, limit one (1) Twitter Entry per person/Twitter account/household per day and one (1) Facebook Entry per person/Facebook account/household per day. A day shall be defined as 12:00:00 a.m. EDT to the following 11:59:59 p.m. EDT. All Entries must be received during the Sweepstakes Period.
The person submitting an Entry must be the authorized account holder/user of the Instagram, Twitter, and/or Facebook account; otherwise entry shall be deemed void. In the event of dispute over the identity of a potential winner, entries will be declared made by the registered user of the Instagram, Twitter, and/or Facebook account used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder/user of such account(s) used to submit the entry. It is solely the responsibility of the Entrant to notify the Marco’s Pizza in writing if the Entrant changes his or her mailing address, email address and/or telephone number during the Sweepstakes Period.
Additional Entry Conditions: Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Web sites promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize(s) using all eligible entries received as of the termination date.
4. PRIZES: Prizes in the “Marco’s Emoji Sweepstakes” will be awarded as follows:
Maximum of 100 winners, based on number of entries will be randomly selected to receive a certificate for a Emoji Pizza Party, which is defined by the Sponsor as: one Two (2) Large 1-Topping Pizzas, One (1) CheezyBread, One (1) Two-Liter Drink redeemable for a limited time at participating locations. Approximate Retail Value (“ARV”): $26.99.
Sponsor reserves the right to substitute the prize with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
5. PRIZE RESTRICTIONS: The winners are responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the prize or receipt of the prize. Sponsor reserves the right to modify or change prizes at any time and at its sole discretion for prizes of equal value.
6. RELEASE: By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates.
7. DRAWINGS: Prize winners will be randomly selected in drawings from among all eligible entries received. Non-winning entries will be rolled over into subsequent Sweepstakes drawings. To be eligible for a drawing, entries must be received by 11:59:59 p.m. EDT on the date indicated for that Sweepstakes Week. Odds of winning depend upon the number of eligible entries received for each week. Each drawing will occur on or about the dates indicated below and will be conducted by an independent judging organization whose decisions shall be final. Online entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent Sweepstakes. Entries eligible for one drawing will remain eligible for all subsequent drawings. Limit one (1) Prize per person/household.
Each entrant is responsible for monitoring his/her Twitter, Instagram, and Facebook notifications for prize notification or other communications related to this contest. If a potential prize winner cannot be reached by Sponsor within forty-eight (48) hours, or if prize notification is returned as undeliverable, that potential prize winner shall forfeit the prize. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant’s e-mail address, telephone number, or home mailing address changes after he/she enters the Sweepstakes, it is the entrant’s sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Sweepstakes Period. Upon the request of the Sponsor, the potential Winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential Winner fails to comply with these official rules, that potential Winner will be disqualified. Sponsor reserves the right to not re-award any undelivered, returned, unclaimed or un-awarded prize.
8. CERTAIN ADDITIONAL CONDITIONS: Entrants assume all risk of loss, damages, destruction, delay or misdirection of materials/mail/e-mail submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration of this Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated these Official Sweepstakes Rules or any element of this Sweepstakes. By participating, entrants agree to be bound by the Official Sweepstakes Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Sweepstakes Rules. All prizes are awarded upon the condition that the Sweepstakes Entities shall have no liability whatsoever and shall be released, discharged, indemnified and held harmless for any injuries, losses or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, or participation in this Sweepstakes and to sign any documents requested by Sponsor to evidence this release. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by technical or human error that may occur and/or that may damage a user’s system, hardware or software or limit a participant’s ability to participate in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By participating, entrants agree to be bound by the Official Sweepstakes Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Sweepstakes Rules. All prizes are awarded upon the condition that the Sweepstakes Entities shall have no liability whatsoever and shall be released, discharged, indemnified, and held harmless for any injuries, losses, or damages of any
kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, or participation in this Sweepstakes, including, without limitation, the winning and/or use of any prize, and entrant agrees to sign any documents that the Sponsor may request to evidence this release. Without limiting the foregoing, the Sweepstakes and any prize is provided “AS IS” without representation of warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages, or exclusion of the implied warranties, so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions.
9. WINNERS LIST: For a list of prize-winners, which shall be available after August 10, 2016 please send a separate, self-addressed stamped envelope to: Marco’s Emoji Sweespstakes” 720 E. Pete Rose Way, Suite 120, Cincinnati, OH 45202. Request for list of prize winners must be received by August 31, 2016.
10. PUBLICITY: Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s full name, city and state of residence, videos, photographs or other likenesses, Entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. APPLICABLE LAW: These rules are governed by the laws of the State of Ohio without giving effect to conflicts of law rules.
12. ARBITRATION: Except where prohibited by law, as a further condition of participating in this Sweepstakes, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Sweepstakes or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association ("AAA"); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney's fees, and entrant further waives all rights to have damages multiplied or increased.