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 CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY TWITTER OR INSTAGRAM.
3. Contest Period: The Contest begins at 9:00:00 am Eastern Time (“ET”) on 10/22/14 and ends at 4:59:59 pm ET on 10/29/14 (the “Contest Period”).
4. How To Enter: There are two (2) possible methods of entry into this Contest. There is a limit of one (1) entry per person, throughout the entire Contest Period, regardless of method of entry. 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 Contest 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 Contest Period to be eligible. The computer clock of the administrator is the official timekeeping device.
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 Contest Period, take an original photo, on an Eligible Device using Instagram, of a coffee cup that you have dressed up for Halloween, in an effort to best meet the Judging Criteria detailed in section 5 below, and then tag such Photo with the hashtag “#dresseDD” in the caption section on Instagram and click done (hereinafter an “entry”). To enter without purchase, as an AMOE, if you don’t have a Dunkin’ Donuts coffee cup, you may dress up and take the photo of any coffee cup, so long as there are no identifiable third party trademarks.
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 does not constitute proof of delivery or Entry during the Contest 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 Contest Period to be eligible. 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. The computer clock of the Webmaster hosting the Contest 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 tweet constitutes your consent to these official rules.
5. Submission Guidelines: Each entry that is submitted to this Contest 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 personally dressed up the coffee cup that is featured in the photo, or if they had any help such participant has signed the Participation Release as detailed below, and has any/all rights to such dressing up. Further, entrants should make best efforts to be the only human being who is identifiable in the submission if any. In the event Sponsor determines, in its sole discretion, that a human being, other than the entrant, is identifiable in the photo submission, or participated in the dressing up of the coffee cup in the 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 Contest. By participating in this Contest, entrant grants Sponsor permission to use his/her name, likeness, and photograph, for future advertising and publicity purposes in connection with this Contest 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 that is the entrants original work
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 Contest;
· 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 Contest;
· 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. Contest Judging Phase: After the Contest Period has ended; there will be a Contest Judging Phase that takes place from 10/30/13 – 10/31/13. During this Judging Phase, a panel of qualified judges (the “judge(s)”) will judge all eligible entries based on the following criteria: A) 50%- Originality/Creativity; B) 25% - Adherence To Theme; and C) 25% - Quality Of Cup Design.” Utilizing these criteria, the judge(s) will assign a percentage score to each entry. The top five (5) entries with the highest percentage scores will be the five (5) potential grand prize (“Grand Prize”) winners. In the event of a tie after the judges’ percentage scores have been decided, tied entries will be re-judged by the judges based solely on “judging criteria (A).” In the event there is still a tie, a tie-breaking judge will be assigned to re-judge the entries and such tie-breaking judge’s decisions shall be final.
7. Grand Prizes and Approximate Retail Values (“ARV”): Five (5) Grand Prize winners, once confirmed, will each receive one (1) one hundred dollar ($100) Dunkin’ Donuts mGift (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 Grand Prize is one hundred dollars ($100). The total ARV of all prizes awarded in this Contest is five hundred dollars ($500). 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 Contest. There is a limit of one (1) prize per person. 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.
8. Prize Winner Notification/Verification: All potential Grand Prize winners must comply with these Official Rules as published in order to be confirmed as an official winner and accept a Grand 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 the Judging Phase has ended, 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 Grand Prize winner’s Twitter Account used to enter the Contest (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 Grand 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 Grand Prize winner will be selected and notified. Sponsor will attempt to contact the potential Grand Prize winner(s) two (2) times during the three (3) calendar day period. If in any instance, notification attempt(s) for a potential Grand Prize winner fail for any reason, or if a 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.
b) Via Instagram: Administrator will notify the potential Grand Prize winner(s) via a comment from @DunkinDonuts on the potential Grand Prize winner’s Instagram photograph used to enter the Contest. 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 Grand Prize winner will be selected and notified. Sponsor will attempt to contact the potential Grand Prize winner(s) two (2) times during the three (3) calendar day period. If in any instance, notification attempt(s) for a potential Grand Prize winner fail for any reason, or if a 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.
9. 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 Contest 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 Contest. Sponsor is not responsible for any typographical or other error(s) in administration of the Contest, or in the announcement of the Grand Prize winners. If, for any reason, the Contest 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 Contest, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest 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 Contest; (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 Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest or any Contest-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 CONTEST. 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.
10. Governing Law/Venue: THE CONTEST 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 CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION
11. Request for the Name of Winners and/or Official Rules: For a list of the names of the winners, available after the Contest Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by 12/01/14, to: Dunkin’ Donuts DresseDD Coffee Cup Costume Contest 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.
12. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.