1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”), AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY FACEBOOK, TWITTER OR INSTAGRAM.
3. Sweepstakes Period: The Sweepstakes begins at 12:00:00 am Eastern Time (“ET”) on 8/1/16 and ends at 11:59:59 pm ET on 8/29/16 (the “Sweepstakes Period”). There will be four (4) entry periods during the Promotion Period detailed in the chart below.
4. How To Enter: There are three (3) possible methods of entry into this Sweepstakes. There is a limit of one (1) entry per person, per Entry Period, regardless of method of entry. All entries must be submitted in compliance with these Official Rules, including, without limitation, the submission guidelines (“Submission Guidelines”) detailed below. Proof of submission of entry does not constitute proof of delivery or entry during the Sweepstakes Period. All entries become the property of Sponsor and will not be returned. Multiple entrants are not permitted to share the same email address or account. Incomplete entries, entries by script, macro or other automated means, or entries that do not fully comply with these Official Rules, including without limitation, the Submission Guidelines, or which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. All entries must be received during the Sweepstakes Period to be eligible. The computer clock of the Administrator is the official timekeeping device.
b) Via Instagram: An Instagram account, web-enabled mobile device (EG: an iPhone/iPad/iPod Touch, Android device, etc.) (an “Eligible Device”), and Internet access is required for this method of entry. If you don’t already have an Instagram account, visit www.instagram.com to create one. Please note that you must agree to comply with the Instagram Terms of Service (http://instagram.com/legal/terms/) order to create your Instagram account. It is free to create an account. To enter, during the Sweepstakes Period, take an original photo of yourself, enjoying Dunkin’ Cold Brew (“Photo”). Then upload the Photo to your Instagram account, and mention @DunkinDonuts along with the hashtags "#DDColdBrew” and “#Sweepstakes" in the caption of the post to receive one (1) entry into the random drawing.
d) Via Alternatate Means of Entry (“AMOE”): Please note that since no purchase is necessary, as an alternate means of entry (“AMOE”), you may also simply take a photo and utilize any coffee beverage, so long as there are no identifiable third party trademarks on the cup. Then Post that original photo via any of the above outlined methods, and include the hashtags “#DDColdBrew" and "#Sweepstakes” in such post (hereinafter an “Entry”).
All Facebook, Instagram and Twitter entries will hereinafter be referred to collectively as [“Entry(ies)”]. Entries will not be judged. 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 tweet, post, or 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. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Using the above referenced hashtags in your Entry constitutes your consent to these Official Rules. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram or Facebook. You understand that you are providing your information to Sponsor, and not to Twitter, Instagram or Facebook.
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. Entrants should make best efforts to be the only human being who is identifiable in the submission. In the event Sponsor determines, in its sole discretion, that a human being, other than the entrant, is identifiable in a submission, such person(s) [or such person’(s) parent or legal guardian if they are not 18+ years of age] is/are required to sign the participation release document (“Participation Release”), which will be made available as necessary. Such Participation Release document(s) may be required in order to be deemed an official winner of a prize. Failure to provide such a Participation Release may result in disqualification of the Entry from the Sweepstakes. By participating in this Sweepstakes, each entrant grants Sponsor permission to use his/her name, likeness, and Photo/Entry, for future advertising and publicity purposes in connection with this Sweepstakes in any and all media without additional compensation, notification or permission, unless restricted by law.
The Entry MUST, in the sole discretion of Sponsor:
· Contain English language only;
· Contain a comment and a Photo that is the entrant’s original work and in accordance with these Submission Guidelines;
The Entry must NOT, in the sole discretion of Sponsor:
· Contain material 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 by Sponsor, which participant has a limited license to use for this Sweepstakes;
· Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
· Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
· Contain material 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 material that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
· Contain material in which the Released Parties do not wish to associate themselves with, in their sole discretion.
6. Prize Drawings/Prizes/Approximate Retail Value (“ARV”): On or about one (1) business day after each Entry Period has ended, Administrator, an independent judging agency, shall perform a random prize drawing (each a “Prize Drawing”), from among all eligible Entries received throughout that Entry Period, in order to select potential Prize (“Prize”) winners listed in the chart above for each applicable Entry Period. There will be nine (9) Prize winners total. Once confirmed, as detailed below, each Prize winner will receive one (1) one hundred dollar ($100) Dunkin’ Donuts Card. In the event there is not an eligible Entry for any Prize Drawing, Sponsor retains the right not to award such Entry Period’s Prize. 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 for that specific Entry Period. There is a limit of one (1) Prize per person, throughout the entire Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the stated number of 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 any 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.
7. Grand Prize Winner Notification/Verification: The potential Grand Prize winners must comply with these Official Rules as published in order to be confirmed as official Grand Prize winners and to accept their prizes. Sponsor and/or Administrator will not accept any screen shots or other proof of notification in lieu of the verification process outlined below, and all decisions of Sponsor/Administrator are final and binding. On or about one (1) day after the random drawing has been conducted, Sponsor or Administrator will notify the potential Grand Prize winners via one (1) of the following three (3) methods, as applicable, based on each Potential Grand Prize winner’s method of Entry:
· Via Twitter: Administrator will notify each applicable potential Grand Prize winner via a direct message from @DunkinDonuts to the potential prize winner’s Twitter Account used to enter the Sweepstakes (note: in order to receive such direct message, you must (a) be following @DunkinDonuts and (b) may have to have your account settings set to “unprotected” or “public”). Upon notification or notification attempt, each potential Grand Prize winner will be required to respond to such direct message to the email address provided, by accepting the prize and providing his/her mailing address and/or valid email address (as requested), for prize delivery purposes, within forty-eight (48) hours of such notification or notification attempt, or the prize will be forfeited, and an alternate potential Grand Prize winner will be selected and notified. Sponsor will attempt to contact each potential Grand Prize winner two (2) times during the forty-eight (48) hour period. If in any instance, notification attempt(s) for any potential Grand Prize winner fail for any reason, or if any potential Grand Prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential Grand Prize winner will be selected from among remaining eligible Entries, if any.
· Via Instagram: Administrator will notify each applicable potential Grand Prize winner via a comment from @DunkinDonuts on each potential Grand Prize Winner’s Entry. Upon notification or notification attempt, each potential Grand Prize winner will be required to respond to such comment via direct message by accepting the prize and providing his/her full name, mailing address and/or valid email address (as requested), within forty-eight (48) hours of such notification or notification attempt, or the prize will be forfeited, and an alternate potential Grand Prize winner will be selected and notified. Sponsor will attempt to contact the potential Grand Prize winner two (2) times during a forty-eight (48) hour period. If in any instance, notification attempt(s) for any potential Grand Prize winner fail for any reason, or if any potential prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential Grand Prize winner will be selected from among remaining eligible Entries, if any.
· Via Facebook: Administrator will notify each applicable Grand Prize winner by posting the announcement as a reply to that potential winner’s Entry on the Dunkin’ Donuts Facebook page. Each potential Grand Prize winner must respond to such reply via private message within forty-eight (48) hours, to accept the prize and to provide any required information, which may include his or her full name, mailing address, and/or valid e-mail address (as requested) . of such notification or notification attempt, or the prize will be forfeited, and an alternate potential prize winner will be selected and notified. Sponsor will attempt to contact each potential Grand Prize winner two (2) times during a forty-eight (48) hour period. If in any instance, notification attempt(s) for the potential Grand Prize winner fail for any reason, or if the potential Grand Prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential Grand Prize winner will be selected from among remaining eligible Entries, if any.
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 tweets/posts/ comments, 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 Twitter, Instagram or Facebook), 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 announcement of the Grand Prize winners. 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 prizes will be awarded via random drawings from among all eligible Entries received up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated tweets/posts/comments 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 tweet/post/comment; (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 an unsportsmanlike or 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 and Facebook, Twitter and Instagram, (a) shall not be responsible or liable for, and hereby release the Released Parties and Facebook, Twitter and Instagram 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 a 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 and Facebook, Twitter and Instagram 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 . License/Use of Entries: By entering, each entrant understands that the Sponsor is not acquiring entrant’s copyright in and to his or her Entry, but Sponsor is being granted a perpetual, worldwide, fully paid-up and royalty free right and license to use and share the Entry, in whole or part, in any media, including all Sponsor affiliated digital and social media channels, now or hereafter known.
11. Request for the Names of Winners and/or Official Rules: For a list of the names of the winners, available after the Sweepstakes Period has ended or for rules (available during the Sweepstakes Period), send a self-addressed stamped envelope, to be received by 10/29/16, to: Dunkin’ Donuts WeWork TGIM Takeover Sweepstakes Winners or Rules, c/o bottlerocket marketing group, 26 Patriot Place, Suite 104, Foxboro, MA 02035.
12. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.