Metro New York Twitter Sweepstakes Rules
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY TWITTER.
3. Sweepstakes Period: The Sweepstakes begins at 12:00:00 am Eastern Time ("ET") on 03/17/15 and ends at 11:59:59 pm ET on 03/21/15 (the "Sweepstakes Period"). Throughout the Sweepstakes Period, there will be three (3) individual entry periods (each an "Entry Period"), as detailed in the Entry Period Chart in Section 4 below.
At the beginning of each Entry Period, @DunkinNYtri will tweet out "pic-stitch" image(s) containing two (2) donuts. Each such pic-stitch image will represent a matchup (hereinafter a "Matchup"). In Entry Period #1, there will be four (4) Matchups (i.e. eight (8) total donuts will be tweeted out), in Entry Period #2, there will be two (2) Matchups (i.e. four (4) total donuts will be tweeted out), and in Entry Period #3, there will be one (1) Matchup (i.e. two (2) total donuts will be tweeted out). In order to be entered for the chance to win an Entry Periods' prize, each a "Prize," you must tweet to @DunkinNYtri with your vote for the donut you'd like to win each Matchup by sending a tweet to @DunkinNYtri containing the corresponding donut's hashtag (as detailed in the pic-stitch image) and include the hashtag #DDshowdownSweeps in such tweet (hereinafter an "Entry"). The donut(s) will the most votes (utilizing entrant's hashtags), per Matchup, will advance to the next round. There is a limit of one (1) Entry per person, per Matchup, per Entry Period, regardless of email address or Twitter account, throughout the Sweepstakes Period. Multiple entrants are not permitted to share the same email address or social media account. Incomplete Entries, Entries generated by script, macro or other automated means, or 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 Entry does not constitute proof of delivery or Entry during the Entry 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 an applicable Entry Period to be eligible. Each Entry will be placed into the applicable Entry Periods' random drawing (each a "Random Drawing"), as further detailed below, and all Entries will also be placed into the grand prize drawing ("Grand Prize Drawing"), as further detailed below. 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 Sweepstakes 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 tweets constitutes your consent to these official rules.
ENTRY PERIOD CHART
5. Submission Guidelines: Each tweet that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any tweet 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.
The tweet MUST, in the sole discretion of Sponsor:
· Be written in English;
The tweet must NOT, in the sole discretion of Sponsor:
· Contain language 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;
· Contains the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
· Contain language that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
· Contain language 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 language that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
· Contain language in which the Released Parties do not wish to associate themselves with, in their sole discretion.
6. Random Drawings//Prizes/Approximate Retail Value ("ARV"): On or about one (1) day after the end of each Entry Period, Administrator, an independent judging agency, shall perform a Random Drawing, from among all eligible Entries received throughout the applicable Entry Period, to select one (1) Prize Winner, per Entry Period. Once confirmed, as detailed below, each Prize winner will receive one (1) $25 mGift (A DD mGift is a virtual Dunkin' Card that is sent to either your email address or mobile phone). The ARV of the First Prize is twenty-five dollars ($25.00). The ARV of all Prizes available to be awarded herein is seventy-five dollars ($75). Odds of winning a Prize are dependent upon the total number of eligible Entries received during the applicable Entry Period.
7. Grand Prize Drawing/Grand Prize/ARV: On or about one (1) day after the end of the Sweepstakes Period, Administrator shall perform one (1) Grand Prize Drawing, from among all eligible Entries received throughout the entire Sweepstakes Period, in order to award one (1) Grand Prize. The Grand Prize winner, once confirmed as detailed below, will receive one (1) $100 mGift (A DD mGift is a virtual Dunkin' Card that is sent to either your email address or mobile phone). The ARV of the Grand Prize is one hundred dollars ($100.00). Odds of winning the Grand Prize are dependent upon the total number of eligible Entries received during the entire Sweepstakes Period.
8. General Prize Conditions: The total ARV of all prizes available to be awarded herein is one hundred and seventy-five dollars ($175). Sponsor retains the right only to award as many Prize(s) as there are eligible Entries, for any Random Drawing. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. There is a limit of one (1) Prize per person, throughout the entire Sweepstakes Period, however, the winner of a Prize is still eligible to win the 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.
9. 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) business day after the Sweepstakes Period has ended, Sponsor or Administrator will notify the potential Prize and Grand Prize winners via a direct message from @DunkinNYTri to the potential Prize and Grand Prize winners' Twitter Account used to enter the Sweepstakes (note: in order to receive such direct message, you must (a) be following @DunkinNYTri and (b) may have to have your account settings set to "unprotected" or "public"). Upon notification or notification attempt, the potential Prize and 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 prize winner will be selected and notified. Sponsor will attempt to contact the potential prize winners 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 for the applicable random drawing. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, Twitter account information, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of prize winner(s) in connection with the Sweepstakes and the exploitation thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensation, 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. In the event of a dispute as to any Prize winner, the authorized account holder of the email address used to register at www.Twitter.com will be deemed to be the entrant. 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.
10. 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), 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 selection/announcement of the 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 a first in time mechanism, 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.
11. 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
12. 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, send a self-addressed stamped envelope, to be received by 05/30/15, to: Dunkin' ShowDDown Sweepstakes c/o bottlerocket marketing group, LLC, 71 Elm Street, Unit 8, Foxboro, MA, 02035. 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.
13. Sponsor: Dunkin' Brands Inc., 130 Royall Street, Canton, MA 02021.