DUNKIN’ DONUTS JETBLUE PROMOTION
Official Rules 2011
No Purchase Necessary To Participate Or Win. A Purchase Of Any Kind Will Not Increase Your Chances Of Winning. Void Where Prohibited.
1. Promotion Period: Dunkin’ Donuts JetBlue Promotion (the “Promotion”) begins at 12:00:01 am Eastern Time (“ET”) on 10/28/11 and ends at 11:59:59 pm ET on 10/28/11, or when all prizes are awarded, whichever occurs first (the “Promotion Period”).
2. Eligibility: The Promotion is open only to permanent legal residents of Massachusetts who are eighteen (18) years of age or older, as of 10/28/11. Employees, directors and officers of Dunkin’ Brands Inc. (“Sponsor”), bottlerocket marketing group, LLC (“Administrator”), and any of their respective affiliates, parents, subsidiary companies, franchisees, and advertising and promotion agencies (collectively the “Released Parties”) and employees, directors and officers of Dunkin' Donuts franchisees, 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 each of any of the foregoing are not eligible. Void everywhere else outside of Massachusetts or where otherwise prohibited or restricted by law. Promotion is subject to all federal, state, local and municipal laws. By entering the Promotion, participants are bound by and agree to these Official Rules, and the decisions of Sponsor and Administrator, which are final and binding. Further, by accepting a prize in this Promotion, participants hereby agree that Sponsor has the right to announce on its website, www.dunkindonuts.com, or in any other media it determines fit, their first name, last name, hometown and state.
3. How To Participate/Win A Prize: During the Promotion Period, you must be spotted by a representative of the Released Parties, in or around high traffic locations in Boston Massachusetts, holding a Dunkin’ Donuts (hot or cold) coffee beverage (any size). To participate without making a purchase, during the Promotion Period, you must be spotted by a representative of the Released Parties, in or around high traffic locations in Boston, Massachusetts, holding an index card with the phrase “Dunkin’ Donuts JetBlue Promotion” written on it. Both the purchase and non-purchase method of participation will hereinafter be referred to as an eligible JetBlue moment (“JetBlue Moment”). If you are spotted by a Dunkin’ Donuts representative in an eligible JetBlue Moment, while prize supplies last, after verification, you will win a prize as detailed below. There is a limit of one (1) JetBlue Moment per person, and therefore one (1) prize per person, throughout the Promotion Period. Participants may be asked to provide certain information, including but not limited to, showing proof of residency in Massachusetts and age verification. Participants who are unable to provide this information will not be eligible to win a prize. All participation information becomes the property of Sponsor and will not be returned, and Sponsor will not verify participation information.
4. Prizes and Approximate Retail Value (“ARV”)
Forty Three (43) Prizes: Forty Three (43) prize winners (the “Prize Winner(s)”), once verified, will each receive one (1) JetBlue Airways Round-Trip Travel Certificate (each a “Travel Certificate”). The ARV of each Travel Certificate is two hundred and ninety nine dollars ($299). ARV of all Promotion prizes is twelve thousand eight hundred and fifty seven dollars ($12,857).
5. Prize Conditions: No transfers of prizes, in whole or in part, will be permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) with another prize of greater or comparable value, as determined by Sponsor. All prize details are at Released Parties’ sole discretion. In the event the actual retail value of a prize turns out to be less than the ARV stated in these official rules, no additional compensation will be provided to such prize winner. Each Travel Certificate may be redeemed for one (1) round-trip flight to any JetBlue destination with service from Boston Logan Airport (in Massachusetts). Prize Winners are solely responsible for any and all other costs of air and/or ground transportation, including baggage fees, travel to and from Winners’ residences, and gratuities. Each Travel Certificate is valid for one (1) year from the date of acceptance of the prize, and all travel must be booked and flown within the valid dates shown on the Travel Certificate. Redeemed travel on a Travel Certificate is subject to availability and seats may not be available on all flights. Certain blackout dates may apply and travel may be capacity controlled. Schedules are subject to change without notice. The Travel Certificate is not transferable, and at no time may it be purchased, sold, bartered, or otherwise exchanged for value without prior written consent from JetBlue. Each Travel Certificate cannot be sold or traded on auction websites. A passenger using the Travel Certificate is subject and entitled to all provisions of JetBlue’s Contract of Carriage, except denied boarding and Bill of Rights compensation. JetBlue’s Contract of Carriage is posted on the JetBlue website at www.jetblue.com/p/jetblue_coc.pdf. Redeemed travel on a Travel Certificate is not eligible for TrueBlue points. A passenger using the Travel Certificate is solely responsible for any applicable fees, taxes, surcharges, and/or service charges, including but not limited to Passenger Facility Charges of up to $9 each way, September 11th Security Fees of up to $5 each way and a Federal Segment Tax of $3.70 per domestic segment. Alaskan/Hawaiian offers do not include U.S. government excise tax of $8.20 per departure. Taxes and fees must be paid at the time of reservation and are subject to change as required by law. Proper documentation required for boarding. Each Travel Certificate must be redeemed by calling 1(800) JETBLUE and following the phone prompts. Redemption of the Travel Certificate at a JetBlue airport ticket counter or online is not allowed. Loss of authorization number and PIN cannot be replaced. Each Travel Certificate may be redeemed only for travel on JetBlue-operated flights. Travel Certificates are not available for use on any partner airlines or in connection with JetBlue Getaways Vacation Packages or Cruises. Use of a Travel Certificate is subject to additional terms and conditions, and other restrictions may apply.
6. Verification/Acceptance: Forty three (43) Prize Winners who are spotted in an eligible JetBlue Moment (while prize supplies last), and whose information (including but not limited to state of residence and age) was verified, and who accepted such prize will be deemed the Official Winners and the prize will be awarded on the spot. Administrator, who is an independent judging organization, will effectuate the JetBlue Moments. In the event that there are less JetBlue Moments than there are prizes available, Sponsor reserves the right to only award the amount of prizes as there are eligible JetBlue Moments. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion. Odds of winning are dependent upon the number of JetBlue Moments that take place during the Promotion Period, and the time of your participation. All participants must comply with these Official Rules as published in order to accept a prize and be confirmed as an official prize winner. If a potential spotted prize winner does not comply with these Official Rules, such prize will be forfeited.
7. General Rules: By participating in the Promotion, participants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Acceptance of a prize constitutes permission for Sponsor and its designees to use winners’ names and likenesses for promotional, advertising or any other purposes in any and all media, now known or hereafter devised, worldwide in perpetuity, without further compensation, notification or permission, except where prohibited by law.
Limitations of Liability: Participants, by participating in the Promotion, release and agree to hold the Released Parties harmless from and against any and all liability, claims or action of any kind whatsoever, for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize and/or participating in this Promotion or in any Promotion-related activity, whether sponsored, held by, or paid for by a third party or by Sponsor. Additionally, the Released Parties are not responsible for late, misdirected, or unspotted participation, or for any virus contracted by an entrant’s computer through participation in the Promotion or viewing the rules, for any incorrect or inaccurate information, whether caused by a human or by a computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure. Released Parties are not responsible for any errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing, administrative or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the spotting of participants, the verification of the prizes or in any Promotion-related activity or materials. The Released Parties are not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the participation process or the operation of the Promotion, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, tampering, weather, unauthorized intervention, fraud, technical failures, virus, bug, worms, unauthorized human intervention or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and post notice of the action where they deem fit. If Sponsor terminates the Promotion prior to the end of the Promotion Period, Sponsor will select the potential winners in a random drawing from among all valid, non-suspect, eligible participants received prior to termination, if any, at Sponsor’s sole discretion, or as otherwise may be deemed fair and equitable by Sponsor.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS PROMOTION. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
9. Governing Law and Venue: THE PROMOTION 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.
10. Privacy Policy: Any personally identifiable information collected during this Promotion will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at http://www.dunkinbrands.com/privacy.html and as allowed by law.
11. Winners’ List: For a list of winners, available after the Promotion Period has ended, send a stamped, self-addressed envelope by 12/1/11 to: Dunkin’ Donuts JetBlue Promotion Winners List, c/o bottlerocket marketing group, LLC, 71 Elm St., Suite 8, Foxboro, MA 02035.
12. Sponsor: The Sponsor of the Sweepstakes is Dunkin’ Brands Inc., 130 Royall St., Canton, MA 02021.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open to legal residents of MA, 18 or older. Promotion will take place between 12:00 AM ET and 11:59 PM ET on 10/28/11 (or until all prizes are awarded, whichever is earlier), in and around Boston, Massachusetts. To participate without purchase, utilize a 3x5 index card with “Dunkin’ Donuts JetBlue Promotion” written on it, in lieu of a Dunkin’ Donuts hot or cold coffee. For a full set of Rules, visit www.dunkindonuts.com during the Promotion Period. Dunkin' Brands, Inc., LLC. 130 Royall Street, Canton, MA 02021.
