Marie Callender’s® "65th Birthday!"
Instant Win Game Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE
WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Marie Callender’s® "65th Birthday!" Instant Win Game (the “"Game") starts on or about May 31, 2013 and ends on July 28, 2013, or when supplies of "Game Pieces" (as defined below) are exhausted, whichever occurs first (the "Game Period"). The Game is open only to legal residents of California, Idaho, Nevada, Texas and Utah, 18 years of age or older at the time of entry (the "Person"). The Game is void outside of California, Idaho, Nevada, Texas and Utah and where prohibited. Officers, directors and employees of Marie Callender Pie Shops, LLC, ADM Marketing LLC and any advertising and promotion agencies involved with the administration of this Game and their respective parent, subsidiary and affiliated companies (all such individuals and entities collectively referred to as the "Promotion Entities"), along with their immediate family members (spouses, children, siblings, parents and their respective spouses, regardless of where they reside) and those living in the same household of each, whether or not related are not eligible to participate in the Game or win a prize. Entry in the Game does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Game, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Marie Callender Pie Shops, LLC 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691 (the "Sponsor"), which shall be final and binding in all respects.
2. TO OBTAIN A GAME PIECE: During the Game Period, there are two (2) ways to obtain a Game Piece:
1) Make a Purchase at a Participating Marie Callender’s® Restaurant: Each Person in your party will receive one (1) game piece (each, a “Game Piece”) with any purchase at participating Marie Callender’s® locations, while supplies last. As the Game progresses, some participating Marie Callender’s® locations may run out of Game Pieces before others. For a list of participating Marie Callender’s® locations, visit the Marie Callender website at http://www.mariecallenders.com/. Limit one (1) Game Piece per Person at each check/party/table. Game Pieces must be redeemed on or before July 28, 2013 (the "Final Redemption Date") as more fully set forth below.
2) Via Mail: In order to obtain a Game Piece without making a purchase, while supplies last, hand print, on a 3" x 5" card, your name, complete address, daytime phone number (including area code), and date-of-birth and send the completed card along with a hand printed, self-addressed stamped envelope ("SASE") (no PO Boxes) to: ADM Marketing LLC, 4011 W. Magnolia Blvd, Suite 102, Burbank, CA, 91505, Attn: Marie Callender’s® "65th Birthday!" Instant Win Game Piece Request. Only one (1) Game Piece per request will be sent. You may send as many Game Piece requests as you wish; however, there is a limit one (1) request per outer postmarked envelope. Each request must be sent in a separate outer mailing envelope with the requestor’s first and last name, street address, city, state and zip or postal code (name and address must match the return name and address on SASE) written in the upper left hand corner of the outer envelope. Requests that are sent in business reply envelopes, that utilize address labels or stickers, that are photocopied, hand-stamped, computer-generated or otherwise mechanically produced or reproduced, that are not mailed in separate outer mailing envelopes, that subvert the participation process or that otherwise fail to comply with these Official Rules will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes. Free Game Piece requests must be postmarked by June 24, 2013 and received by July 1, 2013. No copies, facsimiles or mechanical reproductions of requests will be accepted. The Promotion Entities are not responsible for lost, late, damaged, misdirected, illegible, incomplete, stolen or postage due mail/Game Piece requests, Game Pieces or mail fulfilling such requests. Game pieces that are fraudulent, forged, obtained through illegitimate channels, tampered with, or otherwise obtained in a manner that is not in compliance with these Official Rules will be void. DO NOT SCRATCH YOUR GAME PIECE. EACH GAME PIECE MUST BE SCRATCHED BY/IN FRONT OF A Marie Callender’s® MANAGER OR DESIGNEE (the "Marie Callender’s® Manager"). GAME PIECES ARE VOID IF SCRATCHED IN ADVANCE.
3. HOW TO PLAY INSTANT WIN GAME/CLAIM PRIZE/DISCOUNT:
How to Play: Between May 31, 2013 and July 28, 2013 (the "Redemption Period") bring an UNSCRATCHED Game Piece to a participating Marie Callender’s® location during a visit that is after the visit when the Game Piece was first obtained on or before the Final Redemption Date. DO NOT SCRATCH YOUR GAME PIECE. EACH GAME PIECE MUST BE SCRATCHED BY/IN FRONT OF A Marie Callender’s® MANAGER OR DESIGNEE. GAME PIECES ARE VOID IF SCRATCHED IN ADVANCE. A Marie Callender’s® Manager will scratch off the prize section of the Game Piece to reveal the prize/discount, and subject to verification of eligibility, validity of the Game Piece and compliance with these Official Rules, the participant will be entitled to receive the prize/discount indicated on the Game Piece (the scratched off Game Piece shall be referred to herein as the "Instant Win Game Piece"), redeemable on a future visit after the Game Piece was received that takes place on or before the Final Redemption Date. You are not required to make a purchase to have a Marie Callender’s® Manager scratch off your game piece. ALL GAME PIECES SCRATCHED BY AN INDIVIDUAL OTHER THAN A Marie Callender’s® MANAGER AT A PARTICIPATING Marie Callender’s® LOCATION AND/OR DURING THE SAME VISIT THAT THE GAME PIECE WAS RECEIVED, OR THAT ARE DAMAGED OR TAMPERED WITH IN ANY WAY WILL BE VOID.
To Claim First Prize: After the Marie Callender’s® Manager has revealed your Instant win Game Piece follow the Marie Callender’s® Manager's instructions to complete the "Prize Claim Documents" (as defined below). Only the original Instant Win Game Piece will be accepted. You must claim your First Prize on or before 7/28/13.
To Claim Second through Fifth Prize: Food prizes must be claimed during a separate visit to a participating Marie Callender’s® restaurant than when the Instant Win Game Piece was obtained. All prizes/discounts must be claimed on or before 7/28/13. Game Pieces are void after 7/28/13. Dine-In Only. Prizes may not be combined with any other offers, Prizes or coupons.
General Prize Claim & Participation Conditions: Limit one (1) food prize redemption/discount per party per visit. In the event of any conflict between these Official Rules and the Instant Win Game Piece, these Official Rules shall govern and control. Unclaimed food prizes will not be awarded. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prizes will be awarded only if the potential winner fully complies with these Official Rules. Prizes are non-assignable and nontransferable. Each 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 prize. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging and other Game materials are for illustrative purposes only. Actual prizes may vary from the prizes pictured. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
Each potential First Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is under the age of majority in such winner's state of residence (a "minor"), at Sponsor's option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or any minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or such shorter time if exigencies so require), the winner may be disqualified. Game Pieces will be deemed null and void and will be rejected if not obtained through authorized, legitimate channels. If any part of any Game Piece is counterfeited, or if the Game Piece comes from other games or promotion, or if any part is illegible, mutilated, eaten or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Game Piece will be rejected and considered void and invalid. Sponsor's liability for any irregular or invalid Game Piece shall be limited to replacement of the Game Piece with another Game Piece, while supplies last and such replacement Game Piece shall be each entrant's sole and exclusive remedy under the circumstances. Each participant acknowledges and agrees that the verification decisions of the Sponsor shall be final, binding and conclusive in all matters relating to the Game. Sponsor shall have no liability for any Instant Win Game Piece/Game Piece that is lost, intercepted or not received by the Sponsor for any reason. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing or production errors or for any reason, more potential winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. In no event will more than the advertised number of prizes be awarded.
4. PRIZES/ODDS OF WINNING: A total of 500,000 Game Cards are available. Up to 10 1st Prizes are available: Each 1st Prize consists of: one (1) Free Marie Callender’s® for a Year (awarded as 52 $20 Marie Callender’s® Gift Cards after Prize Claim Documents have been executed and verified) (Approximate Retail Value ("ARV") of each First Prize: $1,040). Odds of winning a First Prize: 1:50,000. Up to 25,000 2nd Prizes are available. Each 2nd Prize consists of: one (1) Free Whole Pie to go up to $17.99 (ARV of each 2nd Prize $17.99) Odds of winning a 2nd Prize: (1:20). Up to 50,000 3rd Prizes are available. Each 3rd Prize consists of one (1) Free Entrée up to $18.99 with minimum purchase of $8 (ARV of each 3rd Prize $18.99). Odds of winning a 3rd Prize: (1:10). Up to 125,000 4th Prizes are available. Each 4th Prize consists of one (1) Free Appetizer up to $13.79 with minimum purchase of $8 (ARV of each 4th prize $13.79). Odds of winning a 4th Prize: (1:4). Up to 299,990 5th Prizes are available. Each 5th Prize consists of one (1) Free Slice of Pie up to $5.79 with minimum purchase of $8 (ARV of each 5th Prize: $5.79). Odds of winning a 5th Prize: (3:5).
For any Prize that provides an entrée(s), appetizer or slice of pie, to the extent actual price of such entrée(s), appetizer or slice of pie is less than the stated ARV, the difference in Prize value will not be awarded. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Game. 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.
5. GENERAL CONDITIONS: Acceptance of a Prize constitutes each winner's permission for Sponsor to use 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, notification, or permission (unless prohibited by law). Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Game or any Game-related activity (including any travel related thereto), or from entrants' acceptance, receipt, possession and/or use or misuse of any Prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize's quality or fitness for a particular purpose. Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions, mail, Prize claims, Game Pieces or Prize notifications; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Game, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Game if it determines, in its sole discretion, that the Game is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Game as contemplated herein. In the event Sponsor is prevented from awarding Prizes or continuing with the Game as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Game. Only the type and quantity of Prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these 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 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. By participating, entrants (and any minor entrant's parent or legal guardian) agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the game, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules that would cause the application of another state's laws.
6. 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 GAME 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 OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
8. DISPUTES: By participating in the Game, each entrant agrees that: (1) any controversy or claim arising out of or relating to (i) the Game, (ii) the awarding or redemption of any Prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement, arbitrability or interpretation (each, a "Claim") entrant may have against the Sponsor will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Game; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
9. WINNERS LIST: For any legally required winner's list (available after August 28, 2013), send a self-addressed stamped envelope by August 21, 2013 to ADM Marketing LLC, 4011 W. Magnolia Blvd, Suite 102, Burbank, CA, 91505. Attn: Marie Callender’s® "65th Birthday!" Instant Win Game Request for Winners List.
SPONSOR: Marie Callender Pie Shops, LLC, 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691