SWFL Summer Picture Sweepstakes

Official Rules 2017

 

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.

 

2.         Eligibility/Participation: The Dunkin’ Donuts SWFL Summer Picture Sweepstakes (the “Sweepstakes”) is open only to legal U.S. residents currently residing in Florida counties: Lee, Hendry, Glades, Charlotte, Collier; who are eighteen (18) years of age or older or the age of majority within their jurisdiction, as of the date of their participation and entry. Franchisees and employees, directors and officers of Dunkin’ Brands Inc. (“Sponsor”), Priority Marketing, LLC (“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; and (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.

 

3.         Sweepstakes Period: The Sweepstakes begins at 12:00:00 am Eastern Time (“ET”) on 7/11/17 and ends at 11:59:59 pm ET on 8/25/17 (the “Sweepstakes Period”). Throughout the Sweepstakes Period, there will be seven (7) separate consecutive entry periods (each, an “Entry Period”), as detailed in the Entry Period chart (the “Entry Period Chart”) in section 4 below.

 

4.         How to Enter: 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 @DDSWFLA. It is free to follow @DDSWFLA on Twitter. If you have a Twitter account and are not already a follower of the @DDSWFLA account, then you may log onto Twitter using your Twitter user name and password, and then may become a follower of @DDSWFLA by going to http://www.twitter.com/DDSWFLA and clicking the “Follow” button. You must follow @DDSWFLA throughout the Sweepstakes Period and for at least fifteen (15) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. You may unfollow @DDSWFLA after the fifteen (15) day notification period. On or about the beginning of each Entry Period, @DDSWFLA will send out Sweepstakes-related tweets along with the hashtag #SWFLSummerSweepstakes. In order to earn one (1) entry into the applicable Entry Period’s random drawing (“Prize Drawing”), you must, during such applicable Entry Period, tweet to @DDSWFLA including your best summer photo as well as the hashtag #SWFLSummerSweepstakes in such tweet (collectively, hereinafter an “Entry”). Please note that no Dunkin’ product needs to be included in the photo in order to be eligible. Entries do not roll over into subsequent Entry Period(s). There is a limit of one (1) Entry per person/Twitter account, per Entry Period.

 

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 Entry during the Sweepstakes Period. Entries received from any person, regardless of Twitter account used, in excess of the above stated limitation will be void. Entries must be received within the timing indicated for an Entry Period, to be eligible for that Entry Period only. Entries will not roll over into subsequent Entry Periods, if any. 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.

 

 

 

 

 

Entry Period

Entry Period Begins-Ends

Prize

#Prize Winners

ARV of Each Prize

 

#1

12:00:00am ET on 7/11/17 thru

11:59:59pm ET on 7/15/17

 

 

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

 

#2

 

12:00:00am ET on 7/17/17 thru

11:59:59pm ET on 7/21/17

 

 

 

 

 

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

 

#3

12:00:00am ET on 7/24/17 thru

11:59:59pm ET on 7/28/17

 

 

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

 

#4

12:00:00am ET on 7/31/17 thru

11:59:59pm ET on 8/4/17

 

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

#5

12:00:00am ET on 8/7/17 thru

11:59:59pm ET on 8/11/17

 

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

#6

 

12:00:00am ET on 8/14/17 thru

11:59:59pm ET on 8/18/17

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

#7

12:00:00am ET on 8/21/17 thru

11:59:59pm ET on 8/25/17

 

 

 

First Prize:

One (1) $10 Dunkin’ Donuts Gift Card

 

 

5

 

 

$10

 

 

 

TOTAL

$350

 

 

 

 

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 Entry MUST, in the sole discretion of Sponsor:

·         Be written in English;

·         Contain the proper hashtag;

·         Contain only an image of the entrant (if applicable);

 

The tweet must NOT, in the sole discretion of Sponsor:

·         Contain language or images 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, logos 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 or images that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;

·         Contain language or images 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 or images that is unlawful, in violation of or contrary to applicable laws or regulations; and/or

·         Contain language or images in which the Released Parties do not wish to associate themselves with, in their sole discretion.

 

6.         Prize Drawings/Prizes/Approximate Retail Value (“ARV”): On or about one (1) day after each Entry Period has ended, Administrator, an independent judging agency, shall perform a Prize Drawing, from among all eligible Entries received throughout the applicable Entry Period, in order to select five (5) potential First Prize (“First Prize”) winners. There will be thirty-five (35) First Prize winners total. Once confirmed, as detailed below, each First Prize winner will receive one (1) $10 Dunkin’ Donuts Gift Card. The total ARV of each First Prize is ten dollars ($10). In the event there are no eligible Entries for an applicable Prize Drawing, Sponsor reserves the right not to award such Prize Drawing’s Prize. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning a Prize are dependent upon the total number of eligible Entries received during the applicable Entry Period.

 

7.         Prize Winner Notification/Verification: The potential Prize winners must comply with these Official Rules as published in order to be confirmed as the official winners and accept the Prize. On or about one (1) business day after the Prize Drawing, Sponsor or Administrator will notify the potential Prize winners via a direct message from @DDSWFLA to the potential Prize winners’ Twitter Account used to enter the Sweepstakes [note: in order to receive such direct message, you must (a) be following @DDSWFLA 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 one (1) calendar day of such notification or notification attempt, or the Prize will be forfeited, and an alternate potential Prize winner will be selected and notified, time permitting. Sponsor will attempt to contact the potential Prize winner two (2) times during the one (1) 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 received the applicable Entry Period. Acceptance of the Prize constitutes permission for the Sponsor and its designees to use the name, Twitter account information, email, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of Prize winner in connection with the Sweepstakes and the marketing 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, Prize winner hereby indemnifies 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 the 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 applicable address.

 

8.         General Terms/Limitation of Liability: The total ARV of all prizes to be awarded herein is three hundred and fifty dollars ($350). In no event will Sponsor be responsible for awarding more than the stated number of prizes herein. 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. Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled, incorrect, or inaccurate tweets/Entries, 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 on 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 random drawing from among all eligible Entries received for each Entry Period, up until the time of termination. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated Entries 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 entry mechanic; (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 a 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. Entrants 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 the 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 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 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 Names of Winners:  For the names of the prize winners, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, to be received by 9/25/17, to: Dunkin’ Donuts’ SWFL Summer Pic Sweepstakes Winners, c/o Priority Marketing, 8200 College Parkway, Suite 201, Fort Myers, FL 33919

 

 

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