Marie Callender's® Restaurant & Bakery
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED. OPEN TO LEGAL UNITED STATES RESIDENTS OF CALIFORNIA, IDAHO, TEXAS, NEVADA AND UTAH, 18 YEARS OR OLDER AND THE AGE OF MAJORITY IN HIS OR HER JURISDICTION OF RESIDENCE. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: The Marie Callender's® "#MarieCallenders Contest" (the "Contest") begins at 12:00 A.M. Pacific Standard Time (PST) on Monday, August 3, 2015 and ends at 11:59 P.M. PST on Monday, August 31, 2015 (the "Contest Period"). Sponsor will award three (3) prizes from all eligible entries received during the Contest Period. By participating in the Contest each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Marie Callender's Pie Shops, LLC, 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691 ("Sponsor"), which shall be final and binding in all respects. Instagram® is not affiliated with Marie Callender's® Restaurant & Bakery or the offer. The Contest is in no way sponsored, endorsed or administered by or associated with Instagram®.
ELIGIBILITY: Only legal U.S. residents of California, Idaho, Texas, Nevada and Utah who are eighteen (18) years of age or older and the age of majority in his or her jurisdiction of residence are eligible to enter. Sponsor, its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Promotion Entities") and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize.
HOW TO ENTER: During the Contest Period, you may enter the Contest by posting a photo of you with a meal or pie from Marie Callender's® Restaurant & Bakery. Participants may submit their entry in any one of the following manners:
By posting on Instagram® with the #MarieCallender's Contest. You will need an Instagram® account and be in compliance with Instagram® guidelines located at https://help.instagram.com/179379842258600. There is no charge to sign up for Instagram® and can be obtained by visiting www.instagram.com. Instagram® accounts must be public to be eligible to win.
TO ENTER BY MAIL: During the Contest Period, eligible participants may enter this Contest by mail. To enter by mail, on a 3" x 5" card hand print (in black or blue ink) your first and last name, complete address including zip code (no P.O. Boxes), daytime telephone number with area code, email address, and date of birth and mail the completed card in a first-class postage-paid envelope to: The Marie Callender's® Contest Entry," c/o Marie Callender's Pie Shops, LLC, 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691. All mail-in entries must be postmarked during the Contest Period and received by Sponsor no later than Monday, September 7. 2015. A mail-in entry is "received" for the purposes of this Contest when Sponsor or its authorized representative actually receives the completed entry card with all required information.
Sponsor will manually select top three (3) winners based off of the most creative photo using the criteria outlined below.
ENTRY GUIDELINES: The Entry submitted by you must not infringe on any third party's trademark or other intellectual property rights, as determined by Sponsor in its sole discretion. Entries shall not defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill to which Sponsor associates in Sponsor's sole discretion. Entries shall not contain any content that is or contains: unlawful behavior, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable. Entries must not contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without express written permission from the person or persons (or their estate) depicted in the Entry.
Sponsor reserves the right to monitor or screen entries, in its sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in an way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. In Sponsor's sole discretion, entries that are not compliant with the guidelines stated herein or are not received during the Contest Period will be ineligible.
By submitting an Entry you warrant and represent: (a) that the person or person(s) featured in the photo are 18 years of age or older; (b) it is your original work; (c) it has not been previously published; (d) it has not received previous awards; (e) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (f) that publication of the entry via various media including web posting, will not infringe on the rights of any third party. You will indemnify and hold harmless Sponsor and Promotion Entities from any claims to the contrary.
Limit one (1) Entry per person. Multiple entries are grounds for disqualification.
WINNER SELECTION AND NOTIFICATION: One week after the end of the Contest Period the eligible entries will be judged by a qualified panel of judges selected by Sponsor, in its sole discretion, whose decisions are final and binding in all respects. The following criteria will be used in selecting the winners: style and creativity – 40%, relevancy to and incorporation of the meal or pie – 30%, photo clarity and quality – 30% originality and creativity. Votes on Instagram® are not an element of judging criteria. The three (3) winners will be notified via Instagram® Direct Message and will also be announced via Instagram® If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to two (2) potential winners of a prize in accordance with the above procedure, after which the prize in question may go un-awarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. The odds of winning depend upon the number of eligible entries received.
PRIZES/APPROXIMATE RETAIL VALUES:
1st Place Prize:
- One (1) - $300 Marie Callender's® gift card for use at any participating Marie Callender's® Restaurant & Bakery and the gift cards are subject to the terms and conditions imposed by Sponsor. The winner is responsible for all travel associated with the use of the gift card.
2nd Place Prize:
- One (1) - $150 Marie Callender's® gift card for use at any participating Marie Callender's® Restaurant & Bakery and the gift cards are subject to the terms and conditions imposed by Sponsor. The winner is responsible for all travel associated with the use of the gift card.
3rd Place Prize:
- One (1) - $75 Marie Callender's® gift card for use at any participating Marie Callender's® Restaurant & Bakery and the gift cards are subject to the terms and conditions imposed by Sponsor. The winner is responsible for all travel associated with the use of the gift card.
The total ARV for all of the prizes to be awarded in this Contest is $525.00 USD.
GENERAL PRIZE CONDITIONS: No cash alternative or prize substitutions will be allowed; however, Sponsor reserves the right to substitute prize(s) of comparable value if the offered prize is unavailable for any reason. Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each winner may be issued a Form 1099 and related tax forms for the actual value of the prize. The winners must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
RELEASE: BY ENTERING INTO THIS CONTEST, YOU AGREE TO A COMPLETE RELEASE OF INSTAGRAM® FROM ANY AND ALL LIABILITY IN CONNECTION WITH THIS CONTEST. EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY EACH OF THE PROMOTION ENTITIES FROM AND AGAINST ANY LIBILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO OR OF PERSON OR PROPERTY.
GENERAL: Acceptance of a prize constitutes prize winner's permission for Sponsor to use prize winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Posting content on Instagram® constitutes entrants consent to give Sponsor a royalty-free irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from and display such content in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology, now known or later developed, including promotional purposes. All entries are deemed to be received at the time of receipt by the Sponsor, not at the time of transmission by any online entrant. Sponsor is not responsible for any changes or unavailability of the Instagram® platform that may interfere with the Contest (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use the Instagram® platform for the Contest that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Sponsor is not responsible for lost, late, incomplete, misdirected or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason this Contest is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and determine the winners using the judging criteria herein for all eligible entries received up to the point of the action taken by the Sponsor provided that a sufficient number of eligible entries have been received. Caution: Any attempt by an individual to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent of the law.
By entering you understand that you are providing information to Sponsor and not to Instagram®. Any questions, comments, or complaints regarding the Contest must be directed to Sponsor, and not to Instagram®. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
WINNER'S LIST/OFFICIAL RULES: The Official Rules are available at www.mariecallenders.com/contest-rules or by sending a self-addressed, stamped envelope to Marie Callender's® "#MarieCallenders Contest" – Rules Request, c/o Marie Callender Pie Shop LLC, 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691. Limit one request per outer envelope. Rules requests must be received during the Contest Period.
Any legally required winner's list may be obtained by sending a self-addressed, stamped envelope to: The Marie Callender's® "#MarieCallenders Contest" Winners, c/o Marie Callender's Pie Shops LLC, 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691. All such requests must be received within six (6) weeks after the end of the Contest Period.