Marco’s Pizza’s Pizza Month Coloring Challenge

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. 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.

THE CONTEST IS GOVERNED BY THESE OFFICIAL RULES. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL RULES, INCLUDING ALL ELIGIBILITY REQUIREMENTS, AND UNDERSTANDS THAT THE RESULTS OF THE CONTEST, AS DETERMINED BY THE SPONSOR AND ITS AGENTS, ARE FINAL IN ALL RESPECTS. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.

1. SPONSOR:The sponsor of this Contest is Marco’s Franchising, LLC, 5252 Monroe Street, Toledo, OH 43623-3140, USA

2. HOW TO ENTER: You may enter the Marco’s “Pizza Month Coloring Challenge” by uploading a photo of the official Pizza Month Coloring Challenge artwork to Marco’s Facebook Page Timeline (www.facebook.com/marcospizza) beginning on or about 12:01 a.m. EDT October 7, 2013 and ending on or about October 31, 2013 at 11:59 p.m. EDT (“Entry Period”). To post a photo to the Marco’s Facebook Page Timeline, you must (1) “Like” the Page (http://facebook.com/marcospizza), (2) Click “Photo/Video” on the “Say something about this” box on the Timeline, (3) Click “Choose File” (4) Select your photo and select “Open” (5) Click “Post.” 

You can find the official Pizza Month Coloring Challenge artwork at participating Marco’s locations or you can download it from the “Coloring Contest” tab on Marco’s Facebook Page (www.facebook.com/marcospizza).

After submitting the required photo on Marco’s Facebook Page, the entrant will receive one (1) entry into Contest. Multiple entries will be accepted. Entries must be received during the Entry Period. The sponsor’s computer shall be the official clock for all purposes of this Contest. Any attempt to submit an entry other than as described herein is void.

You may also enter the Pizza Month Coloring Challenge by mailing the completed official Coloring Challenge artwork, as well as a 3X5 card with your name, complete address and email address to: Attn: Marco’s Contest, 100 Painters Mill Road Suite 600 Owings Mills, MD 21117. Entries must be received by October 31, 2013 in order to be eligible for prize.  All mail-in entries must be hand printed, mailed separately and bear sufficient postage. Any incomplete or mechanically reproduced entries will be disqualified.

Finalists understand and agree that Marco’s may modify the Entry by adding overlays, titles and/or descriptions to the Entries, or make other modifications deemed appropriate by Marco’s for display of the Entry

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 Contest 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 Contest, or with any Web sites promoting the Contest; (b) acting in violation of the Official Rules. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted on the “Marco’s Pizza” Page on Facebook (www.facebook.com/marcospizza).

3. USE OF ENTRIES:By submitting the Entry to Marco’s Pizza, you grant to Marco’s Pizza the perpetual, irrevocable, royalty-free, worldwide license to copy, exploit, edit, modify, create derivative works of, post, stream, display, perform, distribute and otherwise use your Entry (including any photos or videos included as attachments to the Entry) in any manner deemed appropriate by Marco’s Pizza. Each Entrant understands and agrees that Marco’s Pizza and its designees may exploit, edit, modify, create derivatives works of, perform, post, distribute and otherwise use the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised (including, but not limited to, Marco’s Pizza’s pages on Facebook, Pinterest, Twitter Instagram and Marco’s websites), in any manner, throughout the universe, in perpetuity without compensation or notification to, or further permission from, Entrant or any third party.

4. SELECTION OF WINNERS: Each Monday, beginning October 14, 2013 and ending November 4, 2013, a panel of judges, composed of Marco’s employees and employees of Marco’s marketing agency, will determine in its sole discretion the Winner from among all eligible Entries received, based on criteria (the “Judging Criteria”) including but not limited to: (i) Creativity/Originality (ii) Use of Color (iii) Judges’ preference. Sponsor reserves the right to select fewer than four (4) Winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. 

Each entrant is responsible for monitoring his/her Facebook post, Facebook messages and e-mail account/phone 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 using the contact information provided at the time of entry, or if prize notification is returned as undeliverable, that potential prize winner shall forfeit the prize. 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.

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 Contest, 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 Contest Period. 

 

5. PRIZES: Prizes in the Marco’s Pizza’s Pizza Month Coloring Challenge will be awarded as follows:

One (1) prize winner will be chosen each week during the contest period, and will receive a $250 gift card to Marco’s Pizza, for a total of four (4) prize winners. Additionally, each winner’s artwork may be featured on the Marco’s Pizza official Facebook, Pinterest and Instagram account.

  

Approximate Retail Value of each prize is (“ARV”): $250 for a total contest ARV of $1,000. Winners may not substitute, assign or transfer a prize or redeem prize for cash. Sponsor reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred.

6. PRIZE RESTRICTIONS: Certificates do not include tax. Charges and participation may vary by location. Not valid with any other offers or deals. 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.

7. RELEASE: By participating in the Contest, 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 Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-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 Contest.  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. 

8. ELIGIBILITY:The Contest is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age or older at time of entry. Void in Puerto Rico and all other U.S. territories and possessions and where prohibited by law. The Contest, and any website pages relating thereto, is intended for viewing only within the contiguous United States. The Sponsor, their respective promotions agencies, any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or
agents (collectively, the "Promotion Entities") and their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in this Contest.

9. 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 Contest should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration of this Contest. 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 Contest Rules or any element of this Contest. By participating, entrants agree to be bound by the Official Contest Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Contest Rules. All prizes are awarded upon the condition that the Contest 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 Contest and to sign any documents requested by Sponsor to evidence this release. The Contest 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 Contest 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 Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 Contest Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Contest Rules. All prizes are awarded upon the condition that the Contest 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 Contest, 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 Contest 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.

10. RIGHT TO CANCEL, EXTEND OR SUSPEND CONTEST; DISQUALIFICATION: Sponsor reserves the right, in its sole discretion, without advance notice, to cancel, extend or suspend this Contest for any reason.

11. WINNERS LIST: For a list of prize-winners, which shall be available after November 8, 2013 please send a separate, self-addressed stamped envelope to: “Marco’s Contest” MGH, Inc., 100 Painters Mill Rd., Suite 600, Owings Mills, MD 21117. Request for list of prize-winners must be received by January 1, 2014.

12. 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 Contest 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.

13. APPLICABLE LAW:These rules are governed by the laws of the State of Ohio without giving effect to conflicts of law rules.

14. ARBITRATION: Except where prohibited by law, as a further condition of participating in this Contest, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Contest 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.  Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.