Dunkin’ Donuts Peepstakes Sweepstakes
Official Rules 2014

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 TWITTER OR INSTAGRAM.

 

2.         Eligibility/Participation: The Dunkin’ Donuts Peepstakes Sweepstakes (the “Sweepstakes”) is open only to legal U.S. residents currently residing in one (1) of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, as of the date of their participation and entry. Franchisees and employees, directors and officers of Dunkin’ Brands Inc. (“Sponsor”), RF Binder (“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 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; (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; and (5) you agree to release and hold harmless each of the Released Parties and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.

 

3.         Sweepstakes Period: The Sweepstakes begins at 10:00:00 am Eastern Time (“ET”) on 4/7/14 and ends at 3:59:59 pm ET on 4/11/14 (the “Sweepstakes Period”).  There will be five (5) Entry Periods during the Sweepstakes Period as seen in the char in Section 4.

 

4.         How To Enter: There are two (2) possible methods of entry into this Sweepstakes.  There is a limit of one (1) entry per person, throughout the whole Promotion Period, regardless of method of entry. All entries carry over into the following dates Entry Periods. All entries must be 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.

 

a)      Via Twitter:  You must have a non-private Twitter account to participate in and enter this Sweepstakes. If you do not have a non-private account, there is no cost to create one at www.twitter.com. Please note that you must agree to comply with the Twitter Terms of Service (https://twitter.com/tos) and Privacy Policy (https://twitter.com/privacy) in order to create your Twitter account. Once you have such an account, you must become a follower of @DunkinDonuts. It is free to follow @DunkinDonuts on Twitter. If you have a Twitter account and are not already a follower of the @DunkinDonuts account, then you may log onto Twitter using your Twitter user name and password, and then may become a follower of @DunkinDonuts by going to http://www.twitter.com/DunkinDonuts and clicking the “Follow” button. You must follow @DunkinDonuts throughout the Sweepstakes Period and for at least sixty (60) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. You may unfollow @DunkinDonuts after the sixty (60) day notification period.  To enter, during the Sweepstakes Period, take an original photo of you with some of your favorites friends or family members, and tweet a message to @DunkinDonuts, which includes the hashtag “#DunkinPeeps” as well as a link to such photo (hereinafter an “entry”). 

 

b)      Via Instagram:  An Instagram account, an iPhone/iPad/iPod Touch or Android device (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, on an Eligible Device using Instagram, of you with some of your favorites friends or family members, and then tag such Photo with the hashtag “#DunkinPeeps” in the caption section on Instagram and click done (hereinafter an “entry”). 

 

Due to the way Twitter operates its service, Sponsor may not receive Entries from Twitter users with “protected” updates. 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. 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 tweets constitutes your consent to these official rules.

 

Entry Period Chart

 

Entry Period #

Date/Time

Prize

Quantity

ARV

 

1

4/7/14

From 9:00:00 am ET – 4:59:59 pm ET

Three (3) Fifty Dollar ($50) Dunkin’ Donuts mGifts

1

$150

 

2

4/8/14

From 9:00:00 am ET – 4:59:59 pm ET

Three (3) Fifty Dollar ($50) Dunkin’ Donuts mGifts

1

$150

 

3

4/9/14

From 9:00:00 am ET – 4:59:59 pm ET

Three (3) Fifty Dollar ($50) Dunkin’ Donuts mGifts

1

$150

 

4

4/10/14

From 9:00:00 am ET – 4:59:59 pm ET

Three (3) Fifty Dollar ($50) Dunkin’ Donuts mGifts

1

$150

5

4/11/14

From 9:00:00 am ET – 4:59:59 pm ET

Three (3) Fifty Dollar ($50) Dunkin’ Donuts mGifts

1

$150

 

 

TOTAL

5

$750

 

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.  By submitting an entry, entrant warrants and represents that he/she is featured in the photo, and has any/all rights to such photo. Since a human being, other than the entrant, is identifiable in the photo submission, such person(s) (or such person’(s) parent or legal guardian if they are not 18+ years of age or of the age of majority in their jurisdiction) is/are required to sign the participation release document (“Participation Release”), which is available at the bottom of this set of Official Rules.  Sponsor reserves the right to request proofs of these signed Participation Release documents at any point in time, and such documents may be required in order to be deemed an official winner of a prize.  Failure to provide said proof may result in disqualification of the entry from the Sweepstakes.  By participating in this Sweepstakes, entrant grants Sponsor permission to use his/her name, likeness, and photograph, 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:

·         Be written in English;

·         Contain a picture of the entrant;

 

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.         Prizes and Approximate Retail Values (“ARV”):  On or about one (1) day after each Entry Period, one (1) potential First Prize winner will be selected, for a total of five (5) First Prize Winners. Once confirmed, each First Prize Winner will receive three (3) fifty dollar ($50) Dunkin’ Donuts mGifts (A DD mGift is a virtual Dunkin’ Card that is sent to either your email address or mobile phone. To claim the mGift via a mobile device, simply present the QR code that the link takes you to in order to redeem the mGift. To claim the virtual Dunkin’ Card via email, just print the redemption form with QR code and take the physical piece of paper to a participating Dunkin’ Donuts location to redeem (mGift Terms and Conditions and rules and restrictions apply).  The ARV of each First Prize is one hundred and fifty dollars ($150).  One or about one day after the Sweepstakes Period has ended, one (1) potential Grand Prize winner will be selected from amongst all entries received during the Promotion Period.  Once confirmed, the Grand Prize winner will receive one (1) two thousand dollar ($2,000) check and one (1) two hundred dollar ($200) credit for PEEPS merchandise.  The total ARV of all prizes awarded in this Sweepstakes is two thousand nine hundred and fifty dollars ($2,950).  In the event there are not enough eligible entries to award all prizes, Sponsor retains the right only to award as many prizes as there are eligible entries.  The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes.  There is a limit of one (1) First Prize per person, but a winner may win one (1) First Prize and also the one (1) Grand Prize. 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.         Prize Winner Notification/Verification: All potential Prize winners must comply with these Official Rules as published in order to be confirmed as an official winner and accept a Prize. Sponsor and/or Administrator will not accept any screen shots or other proof of time of tweet in lieu of their verification process, and all decisions of Sponsor/Administrator are final and binding. On or about one (1) day after each Daily Prize Drawing, Sponsor or Administrator will notify the potential Grand Prize winner(s) via one (1) of the following two (2) methods, as applicable:

 

a)      Via Twitter:  Administrator will notify the potential Grand Prize winner(s) 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, the potential Prize winners will be required to respond to such direct message to the email address provided, accepting the prize and providing their physical and/or email address (as requested), for prize delivery purposes, within three (3) calendar days 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 the potential Prize winner(s) two (2) times during the three (3) calendar day period. If in any instance, notification attempt(s) for a potential Prize winner fail for any reason, or if a potential Prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential Prize winner will be selected from among remaining eligible Entries, if any. In the event of a dispute as to any account, the authorized account holder of the email address used to register at www.Twitter.com will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

 

b)      Via Instagram:  Administrator will notify the potential Prize winner(s) via a comment from @DunkinDonuts on the potential Grand Prize winner’s Instagram photograph used to enter the Sweepstakes.  Upon notification or notification attempt, the potential winner(s) will be required to respond to such comment by providing their email address to the commenter, and then, in later email correspondences, accepting the prize and providing his/her physical mailing address (as requested), within three (3) calendar days 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 the potential Prize winner(s) two (2) times during the three (3) calendar day period. If in any instance, notification attempt(s) for a potential Prize winner fail for any reason, or if a potential Prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential Prize winner will be selected from among remaining eligible Entries, if any. In the event of a dispute as to any account, the authorized account holder of the email address used to register at www.instagram.com will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

 

Subsequently, the potential Grand Prize winner must execute and return, within five (5) calendar days from the follow up communication email, an affidavit of acceptance, eligibility and liability release (the “Release Documents”).  The Grand Prize winner is responsible for all taxes associated with the Prize and will receive a 1099 form. If in any instance, notification attempt(s) for a potential prize winner fails for any reason, or if a potential prize winner is found to have not complied with these Official Rules, including the above referenced deadlines regarding communication and Release Document return, such prize will be forfeited and an alternate potential winner may be selected and notified. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, Twitter or Instagram account information, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of prize winner(s) for advertising and promotional purpose(s), in perpetuity, throughout the universe, in any and all media now or hereafter devised in any manner, without additional compensation, notification or permission, unless prohibited by law. Further, winners shall indemnify the Released Parties 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 tweets, 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 and Instagram), 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 drawing from among all eligible Entries received up until and or after (if applicable) the time of modification, cancellation or 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 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; (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, (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 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 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 Name of Winners and/or Official Rules:  For a list of the names of the winners, available after the Sweepstakes Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by 6/01/14, to: Dunkin’ Donuts Peepstake Sweepstakes c/o RF Binder, 160 Gould Street, Suite 115, Needham, MA 02494 . Please note on the left-hand corner of your envelope if you are requesting the Names of Winners or Official Rules. Vermont residents may omit return postage if requesting a set of Official Rules.

 

11.       Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.