Michael Martinez

Terms and Conditions

  LAST UPDATED: August 1, 2019

Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND
MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Online


1. Eligibility
Michael Martinez Fine Portraits Portrait Session with Artwork Giveaway (the “Contest”) is open to
legal residents of the fifty (50) United States and the District of Columbia who are at
least eighteen (18) years old at the time of entry. Employees of Michael Martinez Fine Portraits and
other companies associated with the promotion of the Contest, and their respective
parents, subsidiaries, affiliates and advertising and promotion agencies as well as the
immediate family (spouse, parents, siblings, and children) and household members of
each such employee are not eligible. The Contest is subject to federal, state, and local
laws and regulations.


2. Sponsor
The Contest is sponsored by Michael Martinez Fine Portraits, located at 2618 Haverhill Dr, Houston, TX 77008, USA.


3. Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to
and acceptance of these Official Rules and the decisions of the Sponsor, which are
final and binding. Winning a prize is contingent upon being compliant with these Official
Rules and fulfilling all other requirements set forth herein.


4. Contest Period
The Contest begins on August 1, 2019 at 12:00pm CST and ends on September 30, 2019
at 12:00pm CST (the “Contest Period”). Entries that are submitted before or after the
Contest Period will be disqualified. Submissions will be accepted for the duration of
the Contest using any of the following methods:


5. How to Enter
Online: This method of entry will be available by visiting our website
(www.martinezportraits.com) and following the directions provided to fill out the
entry information, and submit.
Limit one (1) entry per person, per email address, and per household for the duration
of the Contest Period, regardless of method of entry. Entries received from any
person, e-mail address, or household in excess of the stated limitation will be void. All
entries become the property of Sponsor and will not be acknowledged or returned.


6. Prize Drawing
On or about September 30, 2019, the Sponsor will select potential winners in a random
drawing from among all eligible entries received. The odds of being selected depend
on the number of entries received. The Sponsor will attempt to notify the potential
winner via telephone or email on or about September 30, 2019. If the potential winner
cannot be contacted within five (5) days after the date of the first attempt to contact
him/her, the Sponsor may select an alternate potential winner in his/her place at
random from the remaining non-winning, eligible entries.


7. Winner Notification
The potential winners will be notified by email, mail or phone. Each potential Grand
and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will
be required to complete, electronically sign and submit a Declaration of Compliance
within five (5) days of the date notice or attempted notice is sent, in order to claim
his/her prize. If a potential winner cannot be contacted, or fails to submit the
Declaration of Compliance within the required time period (if applicable), or prize is
returned as undeliverable, potential winner forfeits prize. If the potential winner is at
least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor
reserves the right to award the prize in the name of his/her parent or legal guardian,
who will be required to sign the Declaration of Compliance on the potential winners
behalf and fulfill any other requirements imposed on winner set forth herein. Potential
winners must continue to comply with all terms and conditions of these Official Rules,
and winning is contingent upon fulfilling all requirements. In the event that a potential
winner is disqualified for any reason, Sponsor will award the applicable prize to an
alternate winner by random drawing from among all remaining eligible entries. Only
three (3) alternate drawings will be held, after which the prize will remain un-awarded.
Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest.


8. Prizes
A Garden Portrait Session with a 9×12 canvas mixed media art piece.
A Garden Portrait Session with a 5x7 framed portrait and $250 wall portrait credit valid on portraits 16x20 or larger.

Prizes have no cash value.


9. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in
any way for any reason, including, but not limited to fraud, virus, bug, worm,
unauthorized human intervention or other technical problem, or in the event the Contest
is unable to run as planned for any other reason, as determined by Sponsor in its sole
discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to
address the impairment and then resume the Contest in a manner that best conforms to
the spirit of these Official Rules or (b) terminate the Contest and, in the event of
termination, award the prize at random from among the eligible, non-suspect entries
received up to the time of the impairment. The Sponsor reserves the right in its sole
discretion to disqualify any individual it finds to be tampering with the entry process or
the operation of the Contest or to be acting in violation of these Official Rules or in an
unsportsmanlike or disruptive manner. Any attempt by any person to damage the
website or undermine the legitimate operation of the Contest may be a violation of
criminal and civil law, and, should such an attempt be made, the Sponsor reserves the
right to seek damages (including attorney’s fees) and any other remedies from any such
person to the fullest extent permitted by law. Failure by the Sponsor to enforce any
provision of these Official Rules shall not constitute a waiver of that provision.


10. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the
Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and
promotion agencies, other companies associated with the Contest, and each of their
respective officers, directors, employees, shareholders, representatives, and agents
(the Released Parties) from and against any claim or cause of action arising out of
participation in the Contest or receipt or use of the prize (including any travel or
activity related thereto), including, but not limited to: (a) any technical errors associated
with the Contest, including lost, interrupted or unavailable Internet Service Provider
(ISP), network, server, wireless service provider, or other connections, availability or
accessibility or miscommunications or failed computer, satellite, telephone, cellular
tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed,
or misdirected transmissions or computer hardware or software malfunctions, failures
or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical,
network, electronic, computer, human, printing or typographical errors; (d) application
downloads, (e) any other errors or problems in connection with the Contest, including,
without limitation, errors that may occur in the administration of the Contest, the
announcement of the winner, the cancellation or postponement of the event and/or the
flyover, if applicable, the incorrect downloading of the application, the processing of
entries application downloads or in any Contest-related materials; or (f) injury, death,
losses or damages of any kind, to persons or property which may be caused, directly
or indirectly, in whole or in part, from entrants participation in the Contest or
acceptance, receipt or misuse of the prize (including any travel or activity related
thereto). Entrant further agrees that in any cause of action, the Released Parties liability
will be limited to the cost of entering and participating in the Contest, and in no event
shall the entrant be entitled to receive attorney’s fees. Released Parties are also not
responsible for any incorrect or inaccurate information, whether caused by site users,
tampering, hacking, or by any equipment or programming associated with or utilized in
the Contest. Entrant waives the right to claim any damages whatsoever, including, but
not limited to, punitive, consequential, direct, or indirect damages.


11. Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and
causes of action arising out of, or connected with, the Contest or any prize awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by the appropriate court located in Texas. All issues and questions
concerning the construction, validity, interpretation and enforceability of these Official
Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in
connection with the Contest, shall be governed by, and construed in accordance with,
the laws of Texas, without giving effect to any choice of law or conflict of law rules,
which would cause the application of the laws of any jurisdiction other than Texas.


12. Privacy
Information collected from entrants is subject to sponsor’s privacy policy.