1. PROMOTION: From November 8, 2022, to December 18, 2022, (“Promotion Period”), players may visit participating Martin’s (“Sponsor”) locations and enter for a chance to win one (1) of four (4) Hoosier Lottery New Year’s Eve Prize Packs. Prizes will be awarded randomly, and the odds of being selected as a winner depend upon the number of entries made during the Promotion Period.
2. ELIGIBILITY: Only open and offered to legal U.S. residents who reside in Indiana and who are 18 years of age or older at the time of entry and who are registered Martin’s Advantage members, or who register to become a Martin’s Advantage member with a valid email or phone number on file (“Entrant”). Employees of Sponsor, the State Lottery Commission of Indiana (“Commission”), and/or IGT Indiana, LLC, the integrated services provider of the Commission (“IGT”, and together with the Commission, “Hoosier Lottery”), and immediate family members and individuals residing in the same household as the above are not eligible to participate.
3. HOW TO PLAY: Customers who scan a Martin’s Rewards Card when purchasing two (2) $5 Merry Money Scratch-off tickets receive a chance to enter the Promotion and win one (1) of four (4) Hoosier Lottery New Year’s Eve Party Packs. Self-Service vending purchases are excluded.
4. HOW TO PLAY WITHOUT PURCHASE: To enter by mail without a purchase, print the Entrant’s complete name, Martin’s Advantage rewards ID number, complete mailing address (no P.O. boxes), city, state, zip code, date of birth (mm/dd/yyyy), valid daytime and evening phone numbers, address of your local Sponsor retail location, and email address on a 3” x 5” card and mail your entry with first-class postage to: Martin’s Holiday Promotion, 760 Cotter Street South Bend, Indiana 46613. Limit ten (10) entries per household per day. Each entry must be mailed in a separate envelope, and all entries must be received by Sponsor by 11:59 PM on December 18, 2022. Failure to comply with this or any other Official Rules will result in disqualification. No mechanically reproduced entries are permitted. Illegible or incomplete entries are void. Not responsible for lost, late, damaged, postage due, misdirected entries or entries not received by the entry deadline. The same odds apply to both mailed-in entries and in-store entries.
5. PRIZES AND APPROXIMATE RETAIL VALUES:
• Prizes: Four (4) winners of a Hoosier Lottery New Year’s Eve Party Pack. Maximum retail value for total of all prizes is $2,800. No more than the number of prizes set forth in these Official Rules will be awarded.
6. DRAWING: A random drawing from all eligible entries will take place on or about December 19, 2022. Winners will be notified by email and/or phone. Winners must provide valid identification when claiming any prize. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor and the Hoosier Lottery reserve the right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable.
7. CONDITIONS OF PARTICIPATION: The prizes set forth in these Official Rules will be given to the winning Contestants after being contacted by Sponsor, validation of rewards account registration information, confirmation of Entrant’s compliance with these Official Rules, and execution of an Affidavit of Eligibility and Release of Liability form. Potential winners are subject to verification of eligibility and compliance with the sweepstakes rules before any prize will be awarded. Taxes on any prize are the sole responsibility of the winner. Entries not legitimately obtained and/or used in accordance with these Official Rules are void. Use of an automated system to participate is prohibited and will result in disqualification. All potential winning entries are subject to verification by Sponsor, whose decisions are final and binding. All federal, state, and local laws and regulations apply. Contestants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Sponsor may require a confidential background check upon a potential winner to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsor into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Promotion or Sponsor, as determined by Sponsor in its sole discretion, and that the awarding of the prize to the potential winner will not violate applicable U.S. laws or regulations. In addition, Sponsor reserves the right to require the potential winner to submit the information necessary for the confidential background check and authorize the check through electronic means designated by Sponsor to expedite the process of verifying the potential winner as eligible to receive the prize. If a potential winner fails to submit the information for the background check and authorize the check electronically if instructed to do so by Sponsor, or Sponsor determines in its sole discretion that the awarding of the prize may violate applicable U.S. laws or regulations; Sponsor may disqualify the potential winner.
If an attempted notification to a potential winner is returned as undeliverable, if a potential winner is not verified as eligible or cleared via the background check, or if a potential winner is otherwise determined to be ineligible to receive a prize, the prize will be forfeited and may be awarded to an alternate winner in Sponsor’s sole discretion.
8. LIMITATIONS OF LIABILITY: Entrants hereby (a) release Sponsor, the Commission, and IGT and their respective officers, directors, employees, representatives, agents, and advertising and promotional agencies (“Released Parties”) from liability for any loss, harm, damages, costs, or expenses, including without limitation property damages, personal injury, and death arising out of participation in this Promotion or any Promotion-related activity, or the acceptance, possession, use, or misuse of any prize, and claims based on publicity rights, defamation, invasion of privacy, and merchandise delivery; and (b) indemnify, hold harmless, and defend the Released Parties from and against any and all liability or loss and against the claims or actions identified in the foregoing Section 8(a) or relating thereto.
The Released Parties assume no responsibility for error, 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, wireless, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or via mobile device transmission or any combination thereof.
The Released Parties assume no responsibility for injury or damage to an Entrant’s or any other person’s computer/mobile device related to or resulting from downloading any materials in the Promotion, for any unavailability of telephone lines, connections, or cellular telephone service, or for any other technical malfunctions that may interfere with an Entrant’s attempt to enter the Promotion.
Any attempt to deliberately damage any service or website or to undermine the legitimate operations of the Promotion may be a violation of civil or criminal laws, and Sponsor reserves the right to disqualify and seek damages from any such person to the fullest extent of the law. Sponsor reserves the right in its sole discretion to modify, suspend, or terminate the Promotion in whole or in part for any reason without prior notice.
The Promotion and prizes are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event will the Released Parties be responsible or liable for damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising out of your acceptance, possession, use, or misuse of the prize or access to or use of the Promotion or information relating to the foregoing.
9. GENERAL CONDITIONS: All federal, state, local, and other tax obligations arising from this Promotion, including without limitation winning any prizes will be the sole responsibility of each prizewinner.
Prizes are non-transferable, and no substitution, cash redemption, assignment, or transfer of any prize is permitted, but Sponsor reserves the right to substitute a prize of equal or greater value if an offered prize is unavailable. Unclaimed prizes may be awarded to alternate entrants.
Except where prohibited by law, any winner’s acceptance of a prize constitutes permission for Sponsor to use the prize winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. All potential winners are subject to verification, including without limitation verification of eligibility, compliance with these Official Rules, and completion of release forms.
The Promotion is void outside of Indiana and where prohibited by law and is subject to all applicable federal, state, and local laws and regulations.
This Promotion and these Official Rules will be governed by the laws of the State of Indiana. Any court of competent jurisdiction sitting within the State of Indiana will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Promotion and these Official Rules.
If the Promotion is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Promotion, or to disqualify Contestants residing in the affected geographic areas. In such event, the Released Parties will not have any liability to Contestants who are disqualified due to such action.
10. OFFICIAL RULES OR WINNERS’ LIST: For a copy of the “Official Rules” or the names of winners, mail a self-addressed stamped envelope to: Martin’s Hoosier Lottery Holiday Promotion, 760 Cotter Street, South Bend, Indiana 46613. Requests must be received within thirty (30) days after winners are selected.
11. SPONSOR: The Promotion is presented by Martin’s Super Markets, 760 Cotter Street, South Bend, Indiana 46613, which, at its sole discretion, may delegate any of its duties and responsibilities under these Official Rules to its printers, advertising and promotion agencies, and other companies associated with the presentation of the Promotion. The Martin’s Holiday Promotion is not a Hoosier Lottery game and participation does not affect or alter the rules, requirements, or odds of winning a Hoosier Lottery game. Neither the State Lottery Commission of Indiana nor IGT Indiana, LLC is responsible for conducting this Promotion.