PLEASE READ THESE TERMS OF USE CAREFULLY AS IT CONTAINS INFORMATION ON THE LIMITATIONS OF OUR LIABILITY TO YOU AS WELL AS OTHER DISCLAIMERS.  THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE DUNKIN’ DONUTS ONLINE SERVICES, INCLUDING USE OF OUR WEBSITES, MOBILE APPLICATIONS, LOYALTY PROGRAMS, STORED VALUE CARDS AND OTHER ONLINE PROGRAMS (“DD ONLINE SERVICES”). BY DOWNLOADING OR USING ANY OF THE DD ONLINE SERVICES YOU ARE AGREEING THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS THEN PLEASE DO NOT USE ANY OF THE DD ONLINE SERVICES.  

We may change these terms so please check this page from time to time. If we make material changes to these terms, we will inform you by posting a notice through the DD Online Services.  If you are a registered user with us or are on our electronic mailing list, we may also notify you of such material changes via email and/or may ask you to affirmatively accept the changes at the time of your next account login to the DD Online Services. By continuing to use the DD Online Services after such notice and/or acceptance, you agree to be bound by these terms as modified.

Users and Accounts
Privacy
Provision of the DD Online Services
Personal Use
Proper Use of the DD Online Services
Product Sales and Availability
DD Online Services - Service-Specific Terms and Conditions

        Dunkin' UpDDate Program

        Dunkin' Mobile App
Dunkin' Card Terms and Conditions
Dunkin’ Donuts’ Disclaimer of Warranty and Limitation of Liability
Copyright and Trademark
Digital Millennium Copyright Act (“DMCA”) Statement
        Repeat Infringer Policy
        Designated Agent
        Notice of Claimed Copyright Infringement
        Counter-Notification to Claimed Copyright Infringement
        Liability for Misrepresentation under the DMCA
Links
Feedback and Submissions
Geographical Scope of the DD Online Services
Franchise Prospects
Additional Terms
No Waiver
Severability
Jurisdiction
Contact Dunkin’ Donuts

1.    Users and Accounts

The DD Online Services are not intended for use by anyone under the age of 13. Anyone between ages of thirteen (13) and eighteen (18) may only use the DD Online Services under the supervision of a parent or a legal guardian who agrees to be bound by these terms.

You may need to register an account in order to use certain DD Online Services. In creating an account you agree to:
        1.  create only one account;
        2.  provide honest, accurate, current and complete information regarding yourself;
        3.  keep your information updated and accurate;
        4.  keep your password private and not share it with others; and
        5.  notify Dunkin’ Donuts if you discover or suspect that your account has been hacked or its security breached.

You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of the account.

2.    Privacy

Our privacy policy (which is part of these terms and conditions) sets out the different information that we will gather on users of the DD Online Services and how we use and share that information.  Please see our privacy policy for more details.

3.    Provision of the DD Online Services

We are constantly improving the DD Online Services and materials in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the DD Online Services which we provide may change from time-to-time without prior notice to you.  As part of this continuing innovation, you acknowledge and agree that we may decline to provide you access to the DD Online Services or stop (permanently or temporarily) providing the DD Online Services (or any features or programs or content within such DD Online Services) to you or to users at our sole discretion, without liability or prior notice to you. You may stop using any part of the DD Online Services at any time. You do not need to specifically inform us when you stop using the DD Online Services.  You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the DD Online Services, your account details, or any files or other content which is contained in your account.  You acknowledge and agree that while we may not currently have set a fixed upper limit on the amount of storage space used for the provision of the DD Online Services, or the duration of time that we will store any information on your behalf, such fixed upper limits or temporal limits may be set by us at any time, in our sole discretion.  Any new features that augment or enhance the current DD Online Services shall be subject to these Terms of Use.  

4.    Personal Use

The DD Online Services and materials accessible through the DD Online Services are made available for your personal, non-commercial use only. You may not copy, distribute, publish, transmit, modify, display or create derivative works from or exploit contents of the DD Online Services in any way. You may not save or archive a significant portion of the material appearing in any of the DD Online Services.  Any infringement of these rights may result in legal action.

5.    Proper Use of the DD Online Services

You may not use any of the DD Online Services for any purpose that is unlawful or prohibited by these terms, or cause damage on or through the DD Online Services. You promise that none of your communications with or through any of the DD Online Services (including any material you upload, post or transmit via any DD Online Services) will violate any laws, infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

You agree to defend, indemnify and hold Dunkin’ Donuts, its parents, affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any DD Online Services in a manner that violates or is alleged to violate these terms.

6.    Product Sales and Availability

All products and offers displayed through any DD Online Services will be delivered only within the United States. All prices displayed on the DD Online Services are quoted in U.S. Dollars and are valid and effective only in the United States. Dunkin’ Donuts reserves the right without prior notice to discontinue or change specifications on products and/or services offered through the DD Online Services.

    7.1    Dunkin' UpDDate Program

You can enroll in the Dunkin' UpDDate program ("Program") via one of our websites to receive emails with the latest news and offers.

 
The term "Member" as used below refers to a guest who creates a Dunkin' UpDDate profile using the DD Online Services by providing their name, username, password, valid email address, zip code of their primary residence and date of birth.

When creating a Dunkin' UpDDate profile, a guest may choose not to receive  Program emails, but their email address will be retained in our Program database for guest identification purposes.  If a guest chooses not to receive Program emails, they will not receive added program benefits such as the Birthday coupon.

Eligibility for Program participation includes only those residents with a zip code in the 48 contiguous United States and Washington D.C.

Eligible guests are responsible for keeping their Dunkin' UpDDate profile information, e.g., mailing address or email address, up-to-date to ensure they receive Program news, offers, and coupons as outlined in these terms and conditions.

We are not responsible for any Program news, reward-earning opportunity, or coupon delivery sent to an incorrect or incomplete address if that address is the address for the enrolled Member at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, or illegible mailings. We reserve the right to correct and not honor errors made in our communications with you.

From time to time Dunkin' Donuts may make special offers available to Members.  These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may have specific terms and conditions outlined in the offer.

Enrollment in the Program does not guarantee receipt of Program news and offers, or guarantee participation in any promotional offer. Such information may only be available by e-mail, SMS text message or direct mail.

Program terms and conditions are subject to change or termination without notice. Continued participation in the Program constitutes acceptance of the then-current terms and conditions.

            7.1.1.    The UpDDate Enrollment Coupon

Effective September 3, 2012, all new guests who enroll in the Program and opt-in for email communications will receive one free medium beverage of choice coupon per Dunkin’ UpDDate profile, no more than five (5) per household. Offer valid for new account enrollments only. Dunkin' UpDDate Members who update their Dunkin’ UpDDate profile are not eligible for the enrollment coupon. New Members will receive one enrollment coupon per Dunkin' UpDDate profile for the lifetime of their membership.

The enrollment coupon, valid only at participating restaurants, will be delivered via U.S. Mail to the address provided in the Member’s Dunkin' UpDDate Profile at the time of mailing. A mailing address is required to receive the enrollment coupon. Unfortunately, unless you provide a valid mailing address, we cannot provide you with the enrollment coupon.  The enrollment coupon will be sent to you by the end of the month following the month you enrolled and will expire at least 35 days from the date you receive it.

A “free medium beverage” as used in this offer includes a choice of a medium hot or iced coffee, tea, latte, hot chocolate or Coolatta®.  The free medium beverage of choice coupon excludes all cooler beverage items (e.g. bottled water, soda, milk, or bottled juice). We reserve the right to suspend or terminate the enrollment coupon incentive at any time for any reason. We are not responsible for and will not replace any lost or undelivered enrollment coupons.

            7.1.2   The UpDDate Birthday Coupon

Effective September 3, 2012, enrolled guests who have provided us with their birth date and have opted-in for email communications will receive a birthday coupon for a free, medium beverage of choice for their birthday. Only one free medium beverage of choice will be issued per Dunkin' UpDDate profile per year.

The birthday coupon, valid only at participating restaurants, will be delivered via U.S. Mail to the address provided in the Member’s Dunkin' UpDDate Profile at the time of mailing. A mailing address is required to receive the birthday coupon. Unfortunately, unless you provide a valid mailing address, we cannot provide you with the birthday coupon.  The birthday coupon will be sent to you during the month of your birthday with the following exceptions: If you enroll or update your profile with your birth date during the month of your birthday you will receive the birthday coupon the following month.

All birthday coupons will expire on the last day of the month following the guest’s birthday month, unless otherwise noted. A “free medium beverage” includes a choice of a medium hot or iced coffee, tea, latte, hot chocolate or Coolatta®. The free medium beverage of choice coupon excludes all cooler beverage items e.g. bottled water, soda, milk, or bottled juice. We reserve the right to suspend or terminate the Birthday incentive at any time for any reason. We are not responsible for and will not replace any lost or undelivered Birthday coupons.

            7.1.3   Opting Out of UpDDate Communications

We will use email and SMS text messaging (subject to your opt-in for each method of communication), and direct mail to communicate Program offers and news. Guests who choose not to receive Dunkin' UpDDate email and/or SMS text messages may not receive all Program news and offers. Please follow the below steps to opt-out of email or SMS text message communications.

To opt-out of Dunkin' UpDDate email communications update your Dunkin' UpDDate profile by un-checking the appropriate box OR click on the unsubscribe link within a Dunkin' UpDDate email communication.

To opt-out of SMS text messages from Dunkin' Donuts update your Dunkin' UpDDate profile by un-checking the appropriate box OR Text STOP to 386546 from the mobile phone associated with your Dunkin' UpDDate profile and mobile opt-in.

8.    Dunkin’ Card Terms and Conditions

The terms and conditions below govern the use of the Dunkin’ Donuts Card:

    Card good only toward purchase of Dunkin’ Donuts products at participating U.S. locations.  No expiration date or management fees. The purchase and/or reload of a Dunkin’ Donuts Card with another Dunkin’ Donuts Card is prohibited.  Card value many not be redeemed for cash, check or credit, unless required by law.  Use of card constitutes acceptance of these terms.  We are not responsible for lost or stolen cards unless registered online.  Replacement card for lost or stolen registered cards issued for remaining balance reflected in our records at time reported lost or stolen.  This card may not be resold by any unauthorized vendors.  Unauthorized resale or attempted resale is grounds for cancellation.  Cards obtained through unauthorized channels will be void.  Card issued by SVC Service II Inc.  Visit DunkinDonuts.com or call 1-800-447-0013 to check the balance on the card or for customer service (please have card number ready).

If you download and launch the Dunkin’ Mobile Application ("App"), you can purchase and send a Dunkin’ Donuts Card as a gift using the “Gift” functionality (sometimes referred to as mGift).  When using this functionality, the individual guest sending the Dunkin’ Donuts Card is the “Gift Sender” and the individual person receiving the Dunkin’ Donuts Card is the “Gift Recipient”.  The Dunkin’ Donuts Card terms and conditions above as well as the additional terms and conditions below apply to all gift transactions:
Agreeing to Terms.  Use of the “Gift” functionality constitutes acceptance of these terms by both the Gift Sender and the Gift Recipient.

    Purchasing a Gift.  The Gift Sender must purchase a Dunkin’ Donuts Card using a credit or debit card in order to send the Dunkin’ Donuts Card as a gift.  The Gift Sender cannot send an existing Dunkin’ Donuts Card or use the existing balance on a Dunkin’ Donuts Card to send a gift.

    Claiming/Reclaiming a Card. If the Gift Recipient does not claim the Dunkin’ Donuts Card within three (3) days after the Dunkin’ Donuts Card being sent, we will send a reminder email to the Gift Sender telling the Gift Sender that they can contact the Gift Recipient and prompt them to accept the Dunkin’ Donuts Card. If the Dunkin’ Donuts Card is not claimed by the Gift Recipient or the Gift Sender within six (6) days after the Dunkin’ Donuts Card being sent, the Gift Sender will receive a second, and final, reminder to prompt the Gift Recipient to claim the Dunkin’ Donuts Card. At any point of time, the Gift sender can choose to resend the mGift to a different email address or phone number from the Gift sent screen within the app.

    Delivery Addresses.  Please check to make sure the address of the Gift Recipient is correct.  We are not responsible for cards that are (i) undeliverable, (ii) not received by the Gift Recipient due to the Gift Sender’s failure to enter an accurate address for the Gift Recipient (such as the wrong phone number, email address or social network page) or any other reason or (iii) claimed by someone other than your intended Gift Recipient.

    Sending Means.  You may send mGifts using various means including email, text messaging or posting to a Facebook page. If you choose to send an mGifts using a text message, standard message rates will apply to both the Sender and the Recipient.  If you are sending a text message to an international phone number, international rates will apply.  Be sure that both you and the Recipient understand that mGifts may only be used toward purchase of Dunkin’ Donuts products at participating US locations.

    Personalized messaging.  The Gift Sender may add a personal message to the Gift Recipient by simply typing the message in the message field on the Dunkin’ app.  Personal messages are limited in length to the space provided. There is no additional charge to include a personalized message. Gift Sender agrees that they will not include any inappropriate, offensive or otherwise objectionable messages.  We do not read every message so you are expected to conduct yourself accordingly. Thanks for your cooperation.

9.    Dunkin’ Donuts’ Disclaimer of Warranty and Limitation of Liability

To the fullest extent allowed by applicable law, Dunkin’ Donuts is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the DD Online Services or any materials available in any DD Online Service.

Except as expressly otherwise stated, Dunkin’ Donuts does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the DD Online Services.  Without limiting the generality of the preceding sentence, Dunkin’ Donuts specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the DD Online Services.

Dunkin’ Donuts does not guarantee that the functions contained in any of the DD Online Services will be secure, uninterrupted or error-free, that each the DD Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Dunkin’ Donuts is aware of them.

In the event of our breach of any of the Dunkin’ Donuts loyalty and prepaid voucher programs terms and conditions, Dunkin’ Donuts’ sole liability will be limited to crediting the relevant Dunkin’ Donuts account with any points which have been wrongly deducted or should have been credited but were not.

In no event shall Dunkin’ Donuts’, its parent’s or affiliates’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the DD Online Services or $100, whichever is lesser.  You agree to bring any and all actions within one year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

Nothing in these terms and conditions shall exclude or limit Dunkin’ Donuts’ liability for death or personal injury caused by our negligence.

10.    Copyright and Trademark

Unless otherwise noted, all materials published on any DD Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Dunkin’ Donuts and/or its subsidiaries and affiliates or by other parties that have licensed their material to Dunkin’ Donuts.

Dunkin’ Donuts marks on each of the DD Online Services represent some of the marks currently owned or controlled in the United States and/or in other countries by Dunkin’ Donuts and are not intended to be a comprehensive compilation of all Dunkin’ Donuts’ worldwide proprietary ownership rights.

All rights not expressly granted are reserved.

11.    Digital Millennium Copyright Act (“DMCA”) Statement

This DMCA statement constitutes part of the legal terms and conditions governing all users of the DD Online Services. In compliance with the DMCA (Title 17, United States Code), Dunkin’ Donuts will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material.  Dunkin’ Donuts also reserves the right to remove and disable access to any user-posted material which, in Dunkin’ Donuts’ sole judgment, may be infringing or violating another’s intellectual property right, whether or not Dunkin’ Donuts has been notified by the rights holder.

        11.1  Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Dunkin’ Donuts has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Dunkin’ Donuts to be repeat infringers.  Dunkin’ Donuts may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

        11.2  Designated Agent

In compliance with the DMCA, the following is the Designated Agent for Dunkin’ Donuts to receive notifications of claimed infringement relating to any of the DD Online Services:

    By mail - Terry Ursino, Trademark Manager, Dunkin’ Brands, Inc., 130 Royall Street, Canton, MA 02021  

       
    By phone - 781-737-5132    By fax- 781-737- 6132            

    By email - terry.ursino@dunkinbrands.com

        11.3  Notice of Claimed Copyright Infringement

If you believe that your copyright has been infringed or violated by any material posted on any of the DD Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
            1.    a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
            2.    identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
            3.    identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
            4.    information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
            5.    a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
            6.    a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

            11.4    Counter-Notification to Claimed Copyright Infringement

Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the DD Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
            1.    your physical or electronic signature;
            2.    identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
            3.    a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
            4.    your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Dunkin’ Donuts receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

        11.5  Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a copyright attorney.

12.    Links

Some links provided from the DD Online Services will allow you to connect to other sites and services that are not under Dunkin’ Donuts’ control. We do not endorse and are not responsible for the contents of such sites and/or for the goods or services that may be offered on such sites. You access such sites and use such services at your own risk.

13.    Feedback and Submissions

Unfortunately, Dunkin' Donuts is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the DD Online Services, you expressly grant to Dunkin' Donuts and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Dunkin' Donuts and its affiliates (including, without limitation, advertising, promotional and marketing purposes).  You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you shall automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.

14.    Geographical Scope of the DD Online Services

Dunkin’ Donuts controls and operates the DD Online Services from within the United States of America. Unless otherwise specified on any DD Online Services, the DD Online Services are intended to promote only those Dunkin’ Donuts products that are sold by Dunkin’ Donuts in the United States and its territories, and Dunkin’ Donuts makes no representation that materials in the DD Online Services or the products described thereby are appropriate or available for use in other locations. If you access the DD Online Services from outside the United States, be advised the DD Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the DD Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the DD Online Services.

This English-language set of terms is Dunkin' Donuts' official statement of its terms of use for all the DD Online Services. In case of any inconsistency between this English-language set of terms and its translation into another language, this English-language document prevails.

15.    Franchise Prospects

Certain materials on the DD Online Services describe the Dunkin' Donuts System. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.

You may use the DD Online Services solely for the purpose of learning about the Dunkin' Donuts franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via www.dunkinfranchising.com.

16.    Additional Terms

Certain products or services offered by through the DD Online Services, including mobile applications, loyal programs, prize promotions and mGift, and certain areas within the DD Online Services may be governed by additional terms of use presented in conjunction with those products or services. You must agree to such additional terms before using those areas. These terms and any additional terms shall apply equally. In the event of an irreconcilable inconsistency between any additional terms and these terms, additional terms shall prevail.

17.    No Waiver

No delay or failure on the part of Dunkin’ Donuts to enforce any part of these terms shall constitute a waiver of any of Dunkin’ Donuts’ rights under these terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Dunkin’ Donuts nor the reliance of any person on Dunkin’ Donuts’ actions shall be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Dunkin’ Donuts shall have any legal effect whatsoever.

18.   Severability

If any of these terms is determined to be illegal, invalid or unenforceable under present or future law, such term shall be deemed to be deleted without affecting the enforceability of all remaining terms.

19.    Jurisdiction

Any dispute arising from these terms and/or the privacy policy shall be governed by the laws of the Commonwealth of Massachusetts (without regard to its conflict of laws provisions) and be resolved exclusively in the state and federal courts of the Commonwealth of Massachusetts.

20.    Contact Dunkin’ Donuts

If you have any questions regarding any of these terms, you can email us at customerservice@dunkinbrands.com.

You can telephone us at 1-800-859-5339, send us a fax at 1-781-737-4000, or you can write to us at Dunkin' Donuts Customer Service, Dunkin' Brands, Inc., 130 Royall Street, Canton, MA 02021.

©2006-2013. DD IP Holder LLC name, design, logos and related marks are registered trademarks of DD IP Holder LLC. All rights reserved.

Last updated: February 2013