Dunkin’
Summer Chill Sweepstakes
Official
Rules 2020
1. NO
PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR
RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED,
OR ADMINISTERED BY FACEBOOK.
2. Eligibility/Participation:
Dunkin’ Summer Chill Sweepstakes (the “Sweepstakes”)
is open only to legal U.S. residents currently residing on
of the following counties in Maine: Androscoggin, Cumberland, York,
Oxford, Lincoln, Sagadahoc, Franklin, Kennebec, Knox or in
Carroll, Coos Counties in NH who
are eighteen (18) years of age or older, as of the date of their
participation and entry. Franchisees
and employees, directors and officers of Dunkin’ Brands Inc.
(“Sponsor”),
Sunflower Group, (“Administrator”),
and any of their respective affiliates, franchisees, parents,
subsidiary companies, and advertising and promotion agencies
(collectively, the “Released
Parties”),
and members of the immediate families (spouses, parents, children,
and siblings and their respective spouses, regardless of where they
reside), and/or those living in the same household, of any of the
foregoing are not eligible. Void
outside the participating counties in ME and NH and where prohibited,
or otherwise restricted by law. Sweepstakes is subject to all
applicable federal, state and local laws. By participating in the
Sweepstakes, you agree that (1) you have read and understand the
Official Rules; (2) you meet the Sweepstakes eligibility requirements
as explained in the Official Rules; (3) you accept and agree to be
bound by these Official Rules, to Sponsor's Conditions of Use, Legal
Notices and Privacy Policy as published at
http://www.dunkindonuts.com/content/dunkindonuts/en/help/privacypolicy.html;
and (4) you unconditionally accept and agree to comply with and abide
by the decisions of Sponsor and Administrator, whose decisions shall
be final and binding in all respects.
3. Sweepstakes
Period: The
Sweepstakes begins at 12:00:00 pm Eastern Time (“ET”)
on July 15, 2020 and ends at 11:59:59 am ET on July 26, 2020 (the
“Sweepstakes
Period”).
4.
How To Enter:
You must have a Facebook account to participate in and enter the
Sweepstakes. If you don’t already have a Facebook account,
there is no cost to create one at www.Facebook.com.
Please note that you must comply with the Facebook terms and
conditions and privacy policy in order to create such an account.
During
the Sweepstakes Period, visit the Dunkin’ Facebook page
(https://www.facebook.com/DunkinDonuts). Once at the Dunkin’
Facebook page (the “Promotion Site”) during the
Sweepstakes Period, you must comment on one (1) of the applicable
Sweepstakes Posts (each, a “Post”)
and comment on any
Post with how DD Perks is helping you Chill this summer and
include the hashtag #DunkinSummerChillSweepstakes (hereinafter, an
“Entry”). There is a limit of one (1) Entry per person,
regardless of email address or Facebook account, throughout the
Sweepstakes Period.
Sponsor
need not inform you if you have earned an Entry or not. Multiple
participants are not permitted to share the same email address or
social media account. Incomplete Entries, Entries generated by
script, macro or other automated means, Entries that do not fully
comply with these Official Rules, including, without limitation the
submission guidelines (“Submission
Guidelines”)
detailed below, or Entries which subvert the entry process, in the
sole discretion of Sponsor, will not be eligible.
Proof of submission
of comment does not constitute proof of delivery or Entry
during the
Sweepstakes Period. Entries received from any person, regardless of
email address used, in excess of the above stated limitation, will be
void. All Entries must be received during the Sweepstakes Period to
be eligible. If an entrant submits their Entry via SMS from a
wireless phone, the entrant’s wireless service provider may
charge the entrant for each text message sent. Entrants should
consult their wireless service provider regarding its pricing plans.
Message and data rates may apply. The computer clock of the Webmaster
hosting the Sweepstakes is the official timekeeping device. All
Entries become the property of Sponsor and will not be returned, and
Sponsor will not verify receipt of Entries. Using the above
referenced hashtag in your comment constitutes your consent to these
official rules.
5.
Submission Guidelines: Each
Entry that is submitted to this Sweepstakes must comply with the
following Submission Guidelines to be eligible. Any Entry that, in
Sponsor’s sole and absolute discretion, violates these Official
Rules or the Submission Guidelines below will be disqualified and/or
will not be eligible to win a prize.
The
Entry MUST, in the sole discretion of Sponsor:
The
Entry must NOT, in the sole discretion of Sponsor:
-
Contain
language that violates or infringes upon another’s rights,
including but not limited to privacy, publicity or intellectual
property rights (including, without limitation, trademark or
copyright infringement), without permission;
-
Disparage
Sponsor or its products or services, Sponsor’s competitors or
their products or services, or any other person or party affiliated
with the Sweepstakes;
-
Contain
company names, product names, brand names or trademarks other than
those owned or posted by Sponsor, which Entrant has a limited
license to use for this Sweepstakes;
-
Contains
the names, likenesses, or other indicia identifying any celebrities
and/or other public or private figure, living or dead, without
permission;
-
Contain
language that is inappropriate, indecent, obscene, profane, hateful,
tortious, defamatory, slanderous, controversial or libelous;
-
Contain
language that promotes bigotry, racism, hatred or harm against any
group or individual or promotes discrimination based on race,
gender, religion, nationality, disability, sexual orientation or
age;
-
Contain,
or contain language that promotes, (a) pornography, adult-oriented
content or any other sexually-explicit material; (b) materials
relating to lotteries or gambling; (c) tobacco, e-cigarettes,
alcohol or drugs; (d) dangerous stunts; or (e) real weapons of any
kind including, but not limited to, guns, knives or projectiles;
-
Contain
language that is unlawful, in violation of or contrary to applicable
laws or regulations; and/or
-
Contain
language in which the Released Parties do not wish to associate
themselves with, in their sole discretion.
6. Random
Drawing/Winner
Determination/Prize/Approximate Retail Value (“ARV”):
On or about one (1)
business day after the Sweepstakes Period has ended, Administrator,
an independent judging agency, shall perform a Prize Drawing from
among all eligible Entries received throughout the Sweepstakes
Period, in order to select two (2) potential prize winners. Once
confirmed, as detailed below each Prize winner will receive one (1)
Free Iced Coffee for a Year (fulfilled in five (5) one hundred dollar
($100) and one (1) ninety-eight dollar ($98) Gift Card ($598); One
(1) five hundred dollar ($500) Wayfair Gift Card; One (1) Set of
Dunkin’ Branded Cornhole boards including bags ($250); One (1)
Set of s’more’s sticks ($18); and four (4) Dunkin’
branded tumblers ($32). The total ARV of each prize is one thousand,
three hundred and ninety-eight dollars ($1,398). The decisions of
Administrator and Sponsor are final and binding on all matters
relating to this Sweepstakes. Odds of winning a Prize are dependent
upon the total number of eligible Entries received throughout the
Sweepstakes Period. In no event will Sponsor be responsible for
awarding more than the stated Prizes herein. Prize conditions may be
added or modified by companies providing those portions of the Prize.
The Prize restrictions/conditions stated herein are not
all-inclusive. No transfer, substitution or cash equivalent for a
Prize, in whole or in part, will be permitted, except at Sponsor's
sole discretion due to Prize unavailability for any reason, and only
then for a prize of greater or equal value determined by Sponsor
shall be allowed. There is a limit of one (1) Prize per person.
The total ARV of all prizes to be awarded in this sweepstakes is two
thousand, seven hundred and ninety-six dollars ($2,796.)
7. Prize
Winner Notification/Verification: The
potential Winners are not an official winner unless and until Sponsor
confirms such. The potential Winners will be notified via a DM to
their Facebook handle, in accordance with the contact information
provided at the time of Entry, on or about one (1) business day after
the promotion period ends. Sponsor will make two (2) attempts, two
(2) business days apart, to contact the potential Prize Winners via
such method. Such potential Prize Winners will have two (2) calendar
days from the time of the first notification attempt to respond to
Sponsor or else Sponsor will move on and notify alternate potential
Prize Winners, time permitting. Once contact is made, potential
Winners will have three (3) calendar days to sign and return to
Sponsor an Affidavit of Acceptance/Eligibility and
Liability/Publicity Release (where lawful) and Assignment of Rights
(“Affidavit”) in the timeframe specified. If the
potential Prize Winners fail to respond or return the Affidavit
within the number of days specified, if any notification or
notification attempt is returned as undeliverable or as an error, or
if the potential Prize Winners decline their prize, then the prize
may be forfeited and an alternate potential Winner (if any) will be
contacted.
Acceptance
of a prize constitutes permission for the Sponsor and its designees
to use the name, account information, email, or actual or simulated
likeness, biographical information, city, state, opinions, and prize
information of the prize winner in connection with the Sweepstakes
and the marketing thereof (including, without limitation, for
advertising and promotional purposes), in perpetuity, throughout the
universe, in all media, without additional compensations, unless
prohibited by law. Further, the Prize winner hereby indemnifies the
Released Parties and Facebook, Inc. (“Facebook”)
from any claims, damages, liabilities and expenses (including
reasonable legal fees) arising from breach of these Official Rules.
8. General
Terms/Limitation of Liability:
Noncompliance with any of these Official Rules may result in
disqualification. Sponsor assumes no responsibility for late, lost,
jumbled, incorrect, or inaccurate Entries, whether caused by any of
the equipment or programming associated with or utilized in this
Sweepstakes or by any human error. Sponsor is not responsible for any
problems or technical malfunction(s) of any telephone network or
lines, computer online systems, servers or other services, providers,
computer equipment, software, failure of any e-mail, technical
problems or traffic congestion on the Internet or at any website
including, without limitation, any injury or damage to participant's
or any other person's computer related to or resulting from
participation in this Sweepstakes. Sponsor is not responsible for any
typographical or other error(s) in administration of the Sweepstakes,
or in the selection/announcement of the Prize winner. If, for any
reason, the Sweepstakes is not capable of running as planned,
including, without limitation, infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or
any other causes beyond the control of the Sponsor which corrupt or
affect the administration, security, fairness, integrity or proper
conduct of this Sweepstakes, the Sponsor reserves the right in its
sole discretion to cancel, terminate, modify or suspend the
Sweepstakes. Should the Sweepstakes be terminated prior to the stated
expiration date, notice will be posted where Sponsor deems fit and
the prize will be awarded as outlined above from those Entries
(explained above) and Eligible Entries (as may be applicable)
received up until the time of termination. All interpretations of
these Official Rules and decisions by Sponsor are final. No
software-generated, robotic, programmed, script, macro or other
automated Entries are permitted. Sponsor reserves the right in their
sole discretion to disqualify any individual they suspect or find:
(i) to have used a software-generated, robotic, programmed, script,
macro or other automated online entry mechanic; (ii) to have tampered
with the participation process or the operation of this Sweepstakes;
(iii) to be acting in violation of these Official Rules; (iv) to be
acting in a disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person; or (v) to have provided
inaccurate information on any legal documents submitted in connection
with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO
DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES
THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST
EXTENT PERMITTED BY LAW. Participants agree that the Released
Parties: (a) shall not be responsible or liable for, and hereby
release the Released Parties from, any claims, losses, damages or
injuries of any kind (including death) resulting, in whole or in
part, directly or indirectly, from participation in the Sweepstakes
or any Sweepstakes-related activity, or from acceptance, receipt,
possession and/or use/misuse or inability to use the Prize; and (b)
have not made any warranty, representation or guarantee, express or
implied, in fact or in law, with respect to a prize, including,
without limitation, to such prize’s quality or fitness for a
particular purpose. The Released Parties shall not be liable for any
injury, damage, loss, expense, accident, delay, inconvenience or
irregularity that may be caused or contributed to: (1) by any
wrongful, negligent or unauthorized act or omission on the part of
any of their agents, servants, employees or independent contractors;
(2) by any wrongful, negligent or unauthorized act or omission on the
part of any other person or entity not an employee of the Released
Parties; or (3) by any other cause, condition or event whatsoever
beyond the control of the Released Parties. Failure of Sponsor to
enforce any provision herein shall not be deemed a waiver of such.
UNDER NO CIRCUMSTANCES
WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND
PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL
SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT
EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT
IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of
competent jurisdiction, shall hold any of the provisions of these
Official Rules to be illegal, invalid, or unenforceable, such
provisions shall be limited or eliminated to the minimum extent
necessary so that these Official Rules shall otherwise remain in full
force and effect.
9. Governing
Law/Venue: THE
SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH,
THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY
DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM
IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT
SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED
BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE
WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT
VERSIONS THEREOF (“JAMS
RULES”). THE
JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT
THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW
IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL
BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM
SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY
BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH
RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR
SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT
ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR
CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY,
WITHOUT RESORT TO ANY FORM OF CLASS ACTION
10. Request
for the Names of Winners and/or Official Rules:
For the names of the prize winners, available after the Sweepstakes
Period has ended, send a self-addressed stamped envelope, which must
be received by 8/14/20, to:
Dunkin’ Summer Chill Sweepstakes, c/o Sunflower
Group, 575 West Street, Mansfield, MA 02048.
11. Sponsor:
Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.