.

24 Dec · admin · No Comments

Instagram Promo – Marta’s Cake-fie

Get a chance to win a box of 6 cupcakes from us! Take a selfie with a Marta’s Cake or Marta’s Cupcake or have a selfie in any of our stores and upload it to Instagram. Tag us (@ilovemartascakes) and use the hashtag #MartasCakefie to join.

 

We will be choosing a winner every week and will be featuring the winning photo on our website.

 

By joining the promo, you are agreeing to our Promo terms and conditions. Complete T&C written below:

 

Marta’s Cakes Cake-fie Contest

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS, AT THE TIME OF ENTRY, OF THE PHILIPPINES, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND IS A RESIDENT OF METRO MANILA. VOID IN PROVINCES, AND WHERE PROHIBITED BY LAW.

 

INTERNET ACCESS REQUIRED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM LLC (“INSTAGRAM”), TWITTER, INC. (“TWITTER”), OR FACEBOOK, INC. (“FACEBOOK”) (COLLECTIVELY, THE “PLATFORMS”). EACH WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN SEVEN (7) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).

 

BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

The #MartasCakefie CONTEST (the “CONTEST”) is sponsored by Marta’s Cakes. (“Sponsor”)

 

CONTEST PERIOD: The “CONTEST Period” begins on Monday, December 15, 2014 at 10:00:00 AM Philippine Standard Time (“PST”) and ends on Sunday, December 28, 2014 at 11:59:59 PM PST. Sponsor’s clock is the CONTEST official clock.

 

Following the end of the CONTEST, one (1) winner per week will be selected in a random weekly drawing from among all eligible entries received, as set forth below.

 

SUBMISSION REQUIREMENTS: Your Photograph (defined below) and any accompanying content or information (“Entrant Content”) must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified in Sponsor’s sole discretion (see below for entering without a Photograph).

 

  • The Photograph must be a “selfie” – meaning the entrant must be the person in the Photograph and must be the person who took the Photograph.
  • Entrant Content must not infringe on the intellectual property rights of any person or entity. Entrant Content must NOT contain any commercial or corporate advertising. Sponsor does not permit the infringement of others’ rights and any use of materials not original to participant is grounds for disqualification from the CONTEST. For example, do not copy, depict, identify or include your favorite movie, cartoon character, television show, book or photo or include materials, images, graphics, or trademarks or copyrights belonging to any third parties or incorporate names, likenesses or personas of any third party other than yourself in your Entrant Content. Additionally, Entrant Content may not contain brand names, trademarks or company logos.
  • Entrant Content must not include material that (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, defamatory, slanderous or libelous, (b) is derogatory, designed to harass or promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill that Sponsor has worked hard to create and wishes to associate with their company; (e) is false, fraudulent, deceptive, misleading and/or (f) is injurious to any individual, any CONTEST Entity, or any third party.
  • Entrant Content must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.
  • All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain, all third party content and content unoriginal to you is prohibited.
  • Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
  • Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
  • Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.
  • Entrant Content must be suitable for presentation in a public forum.
  • Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
  • You agree that your participation in the CONTEST and agreement to these Official Rules and any Released Party’s (defined below) display and use of the Entrant Content will not violate any agreement to which you are a signatory or party.
  • You agree to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content.

 

Sponsor reserves the right in its sole discretion to disqualify from the CONTEST and/or remove from displaying or publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the CONTEST, or any other person or entity or does not comply with these requirements or these Official Rules.

 

USE OF SUBMISSIONS/LICENSE: By entering, except where prohibited by law, each Entrant hereby irrevocably grants to Sponsor, its agents, successors and assigns a perpetual, non-exclusive, sub-licensable, royalty-free, fully-paid license and right to use, distribute, make derivative works form, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content and entries, and the Entrant Content and entries themselves, in any manner and in any medium now known or hereafter devised, throughout the universe for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Entrants forever waive and relinquish so-called “moral rights (droit moral)” now or hereafter recognized. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (defined below) on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrant’s rights (including MORAL RIGHTS) therein. In addition, you acknowledge and agree that your Entrant Content may be shared, posted, linked to, or otherwise used online or elsewhere by others solely by virtue of posting it in connection with this CONTEST.

 

Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use the Entrant Content in part or in whole or to include the Entrant Content in any Released Party-related property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the CONTEST does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the CONTEST, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

 

ELIGIBILITY: This CONTEST is open only to legal residents of the Philippines who, at the time of entry, are eighteen (18) years of age or older and is a resident of Metro Manila and, for Platform entries, who have a Platform account in good standing on the Platform used for entry throughout the CONTEST Period. Void in provinces, and where prohibited by law.

 

The following individuals are not eligible to enter and their entries are not eligible and will not be considered:

 

Employees, officers, members, directors, managers, agents, and representatives (including, without, limitation, Marta’s Cakes contractors and consultants) of Sponsor and its parent companies, owners, subsidiaries, divisions, successors in interest, corporate partners, and affiliated companies, any promotion, advertising, judging or public relations company doing business with any of the above (collectively, along with Facebook and Instagram, the “Released Parties”), or a member of the immediate family (parent, children, siblings, spouse, domestic partner regardless of where they live) or any individual living in the same household of such employees (whether related or not).

 

HOW TO ENTER THE CONTEST:

 

(1) Via any one (1) of the Platforms: During the CONTEST Period, an eligible entrant (“Entrant”) can enter the CONTEST by taking a photograph that shows the Entrant and a cake or other sweet treat that he/she purchased or had that is created by Marta’s Cakes, at least in part, be at any of the two branches of Marta’s Cakes in Serendra or Alabang Town Center (“Photograph”). Then, to complete entry via this method, an Entrant may post his/her Photograph via any one (1) of the Platforms (“Entry Post”) as follows:

 

  • Twitter Platform: An eligible Entrant may enter the CONTEST via the Twitter Platform (located at the URL https://twitter.com) by logging into/creating his/her account on the Twitter Platform and posting a Tweet on his/her Twitter account that includes a link to the Photograph, “#MartasCakefie”, and “@ilovemartascakes”. Sponsor may not be able to view Entry Posts on the Twitter Platform, receive or send direct messages, or otherwise receive entries or detect participation from Twitter users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way the Twitter Platform operates. Sponsor may not be able to communicate with an entrant via some of the Twitter Platform features if entrant does not “follow” Sponsor’s account on the Twitter Platform.
  • Instagram Platform: An eligible Entrant may enter via the Instagram Platform (available at the URL www.instagram.com) by logging into/creating his/her account on the Instagram Platform, uploading his/her Photograph and including the following in the post to his/her Instagram Platform account that contains the Photograph: “#MartasCakefie” and “@ilovemartascakes”. Your Instagram Platform profile settings must not be set on private for your Entry Post to be eligible for the CONTEST. It is each entrant’s responsibility to timely set his/her account settings so that Sponsor is able to view his/her Entry Post on the Instagram Platform.
  • Facebook Platform: An eligible Entrant may enter the CONTEST via the Facebook Platform by visiting Sponsor’s page on Facebook located at the URL www.facebook.com/MartasCakes (“Sponsor Page”), logging into/creating his/her account on the Facebook Platform, and posting a comment on the Sponsor Page that includes his/her Photograph, and “#MartasCakefie”.

 

The following is applicable to all Entry Posts regardless of the Platform on which they were submitted: All Photographs must comply with the “Submission Requirements” detailed in that section above and otherwise comply with these Official Rules and applicable Platform’s applicable terms. Your Entry Post will not be deemed an entry in the CONTEST until Sponsor verifies that it meets all the Submission Requirements detailed above and otherwise complies with these Official Rules and the applicable Platform’s applicable terms. Entries must be posted and recorded on the applicable Platform’s servers and identifiable by Sponsor during the CONTEST Period to be considered. Sponsor, at its sole discretion, may accept or disqualify a Photograph that is accompanied by a technically incorrect required unique term or content in addition to the required content. Your Photograph must remain active on your Platform account through winner selection and prize award for the CONTEST. Your Photograph and all other required language will appear on your Platform account feed and may be visible to other users or the public. Incorrect and/or incomplete attempts at entry or those identified or received outside the CONTEST Period will be void and not eligible for entry. Each entrant must be the rightful owner of the Platform account and corresponding e-mail account utilized during entry. For purposes of this CONTEST, an Entry Post is “received” when the applicable Platform records your Entry Post and, for the Twitter Platform, it is visible to Sponsor and appears in Sponsor’s @Reply inbox. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to find eligible entries. Provided your Entry Post contains all required language, the substantive content of your Entry Post (i.e. the Photograph’s substantive content) will not affect your chances of winning a prize in this CONTEST.

 

Provided that each Photograph submitted is unique: (i) there is a limit of one (1) entry per person per day of the CONTEST Period. Each Photograph may be submitted only one (1) time over the course of the entire CONTEST Period regardless of method of entry. If Sponsor offers other CONTEST that are similar to this CONTEST, you may not enter the same Photograph submitted in this CONTEST in those other similar CONTEST.

 

The following is applicable regardless of method of entry: Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. No more than one (1) prize will be awarded per household, regardless of the method of entry. Other proof of submitting an entry (such as printed or copies confirmation screen or message) does not constitute actual receipt of the entry for purposes of this CONTEST. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, incomprehensible, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries may not be made jointly or by any group and may only be made by an individual. Entries made by any other individual on your behalf, by you on behalf of another party, by any entity, or entries originating at any website other than as set forth in these Official Rules, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified from this CONTEST. As a condition of entering the CONTEST, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this CONTEST and complying with applicable laws, regulations, and rules.

 

WEEKLY RANDOM CONTEST DRAWING: Following the close of the CONTEST Period for the week, Sponsor will conduct a random drawing from among all eligible entries received during the CONTEST Period. The weekly drawing will be conducted within approximately five (5) business days after the weekly close of the CONTEST Period. A total of one (1) potential winner will be selected during the weekly drawing. (The Entrant selected in the drawing is a potential “Prize Winner.”) The potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules by Sponsor. Decisions of the Sponsor are final on all matters relating to the CONTEST, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes.

 

PRIZES

If properly claimed, the prize Winner will receive the prize identified below (”Prize”):

The Prize consists solely of the following: one (1) half a dozen special cupcakes made by Marta’s Cakes per winner

 

ODDS OF WINNING

The odds of winning depend on the total number of entries received as of the end of the CONTEST Period.

 

HOW TO CLAIM A PRIZE:

Sponsor will attempt to notify potential the Prize Winner: (i) for Platform entries, by commenting on his/her Entry Post or, in the case of Twitter, an @Reply to the potential winner’s Twitter handle used for entry (collectively, “Notification Post”). The Notification Post for Platform entries will ask the potential Prize Winner to email Sponsor at info@ilovemartascakes.com

 

The following is applicable to Platform methods of entry prize claims: It is each entrant’s responsibility to set his or her Platform account settings to accept contacts or Notification Posts by Sponsor (which may include following Sponsor on the applicable Platform), as applicable and required, and to timely check his or her Platform account for any such Notification Post. A potential winner may not receive a direct notification from the applicable Platform that the Notification Post has been posted depending on how he/she has set up the notification settings on his/her Platform account. If you cannot receive the Notification Post from Sponsor (either as a follower or someone who accepts such a message) you may not be able to receive winner notifications in this CONTEST. In the event following of Sponsor’s applicable Platform account is required of an Entrant to receive communications associated with this CONTEST, such entrant may discontinue following Sponsor, but doing so may mean that Sponsor cannot receive or provide communications for purposes of administering this CONTEST, which could result in such Entrant being disqualified or ineligible to win a prize. The potential Prize Winner must respond to the Sponsor within seven (7) calendar days, according to the instructions in the Notification email, as applicable, and provide the Sponsor with his/her complete street address (P.O. Boxes not allowed).

 

The following is applicable to all methods of entry: Regardless of method of entry, Sponsor will make contact with the potential Prize Winner within approximately ten (10) business days of the CONTEST drawing.

 

The potential Prize Winner may, in the discretion of Sponsor, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) (collectively, “Prize Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or Prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within seven (7) days of the date they are sent to the potential Prize Winner (or other time frame as stated on the Prize Winner Documents), or Prize may be forfeited and an alternate winner may be selected. If any Prize, Prize notification, or other CONTEST-related communication is rejected, faulty, or returned as undeliverable, or if a selected potential Prize Winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prize Winner. The Prize claim and Prize Winner Documents are subject to verification by Sponsor. The Prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any Prize for any reason, in which case the Prize may go unawarded.

 

Prizes will only be given to the Prize Winner at the specified or preferred Marta’s Cakes branch. If Sponsor determines, at any time and in their sole discretion, that a potential Prize Winner is ineligible, disqualified, or not in compliance with these Official Rules, or if the Prize Winner declines to accept the Prize, the Prize may be forfeited, the potential Prize Winner disqualified, and, in the Sponsor’s sole discretion, the Prize may be awarded to an alternate potential Prize Winner selected from a pool of eligible Entrants, even if the disqualified Prize Winner or potential Prize Winner’s name may have been shown or announced.

 

The right to receive a Prize is non-assignable, non-transferable and no Prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute Prize of equal or greater value for any reason, including in case of unavailability of Prize or force majeure. Sponsor shall not be held responsible for any delays in awarding any prizes for any reason. Prizes will only be awarded to verified Prize Winners. All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. If a Prize Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that Prize or portion thereof. The Released Parties will not replace any lost, mutilated or stolen Prizes or Prize elements or any Prize or Prize elements that are undeliverable or do not reach a Prize Winner because of an incorrect or changed address or other contact information.

 

LIMITATION OF LIABILITY; ADDITIONAL DISCLAIMERS AND RELEASES; NO WARRANTY: In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more potential Prize Winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the Prize Winners. If, for any reason, an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed, corrupted, or for any other reason not accepted as an entry into the CONTEST, the Entrant’s sole remedy is to submit another eligible and complete entry into the CONTEST. If, for any reason, the CONTEST is not capable of running as planned, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of the CONTEST, Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the CONTEST and/or proceed with the CONTEST, including the selection of Prize Winners, in a manner they deem fair and reasonable, including the selection of winners from among eligible non-suspect entries received prior to such cancellation, termination, modification or suspension. Released Parties shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. Released Parties are not responsible for any changes or unavailability of any Platform that may interfere with the CONTEST (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use any Platform for the CONTEST as set forth herein 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.

 

BY ENTERING THE CONTEST, EACH ENTRANT AGREES: (i) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR WHICH SHALL BE BINDING AND FINAL; (ii) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE OFFICIAL RULES; AND (iii) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEYS’ FEES) THAT MAY ARISE IN CONNECTION WITH: (a) the CONTEST, including but not limited to any CONTEST-related activity or element thereof, and the Entrant’s entry, participation or inability to participate in the CONTEST, (b) the violation of any third party privacy, personal, publicity or proprietary rights that result from Entrant’s participation in the CONTEST, (c) typographical errors in these Official Rules or any CONTEST materials (including but not limited to point of sale, television, print advertising, promotional packaging, creative assets, editorial posts and other promotion media), (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prizing (or any components thereof) for any reason, including due to unavailability or any failure to supply a Prize for reasons beyond Sponsor’s sole control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control or other force majeure event, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the CONTEST, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of any Platform, other CONTEST-related web pages, or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor or by an Entrant, (j) interruption or inability to access the CONTEST, any Platform, or any other CONTEST-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the CONTEST, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, unintelligible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries or other CONTEST-related correspondence, (n) any wrongful, negligent, or unauthorized act or omission on the part of a Released Party, (q) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (r) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor, or their designees; (s) the negligence or willful misconduct by Entrant, or (t) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. CONTEST Entities are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.

 

EACH PRIZE WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

DISPUTES, ARBITRATION: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE PHILIPPINES, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.

 

GENERAL: Any personally identifiable information collected during an Entrant’s participation in this CONTEST will be collected and used by the Sponsor, its affiliates, agents and marketers for purposes of the administration and fulfillment of the CONTEST as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated and any opt-ins an Entrant may have agreed to during the registration process.

 

By accepting a Prize, Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.

 

Entrants further agree to not damage or cause interruption of the CONTEST and/or prevent others from using the CONTEST. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious Entry and/or participation are detected. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any provision of these Official Rules is held unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST. In the event of a dispute concerning who submitted an Entry Post, the Entry Post will be declared to have been made by the registered account holder of the e-mail address associated with the Platform account for the potentially winning Entry Post, but only if that person meets all other eligibility criteria. In the event of a dispute concerning who submitted an entry via email, the entry will be declared to have been made by the registered account holder of the e-mail address submitted during entry, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential Prize Winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Platform account for the potentially winning Entry Post or the registered account holder for the email address submitted at the time of entry, as applicable. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage made to any Platform will be the responsibility of the registered account holder of the e-mail address for the Platform account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

WINNER’S LIST/OFFICIAL RULES: Official rules and list of winners will be posted on the official website of Marta’s Cakes: www.ilovemartascakes.com

 

Sponsored by Marta’s Cakes.

 

Entrants specifically release Sponsor from any and all liability associated with this CONTEST. Facebook, Instagram and Twitter are neither a sponsor of nor affiliated with this CONTEST.

Copyright © 2017 | Marta's Cakes | All Rights Reserved.