1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF NEW YORK.
3. Contest Period: The Contest begins at 12:01:00 AM Eastern Time ('ET') on January 27, 2021 and ends at 11:59:59 PM ET January 30, 2021 (the 'Contest Period'). The webmaster's computer will be the official time keeping device of this Contest. The Contest Judging Phase and criteria are further detailed in section 5 below.
5. Entry Guidelines: All hashtags/entry content submitted shall herein be referred to as the entry (the 'Entry'). There is a limit of one (1) Entry per person, throughout the Contest Period. Multiple participants are not permitted to share the same email address or Instagram 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 post 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. 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. Photos may not be owned, taken or edited by a professional photographer without express permission from owner. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor, and not to Instagram.
6. SUBMISSION GUIDELINES: Each Entry that is submitted to the Contest must comply with these Rules and the following Submission Guidelines. Any Entry that, in Sponsor's sole and absolute discretion, violates these Rules or the Submission Guidelines below will be disqualified. By submitting an Entry, entrant warrants and represents that he/she and any private persons or property that is identifiable in the Entry, have consented to such use in the Entry and Sponsor reserves the right to request proof of such permission if they deem necessary, subject to disqualification if such permission cannot be obtained, regardless of how far along in the process of entry, judging, or winner confirmation the Entry has come (and if any minor is included in Entry, entrant must be the minor's parent or legal guardian).
The Entry must, in Sponsor's sole discretion:
' Be entrant's original work
' Must be written in English
The Entry must NOT, in Sponsor's sole discretion:
' Contain material that, in the sole discretion of Sponsor:
o Disparages any person, Sponsor and/or any of its affiliates' products, competitors, or any of the Released Parties affiliated with sponsoring, promoting or administering this Contest, or other companies;
o Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity, except Sponsor's marks, which entrant has a limited license to use for purposes of this Contest;
o Includes brand names, copyrighted work or trademarks/logos that may infringe on rights of any third party.
o Appears to duplicate any other submitted entries or existing works;
o Is hateful, tortuous, defamatory, slanderous or libelous;
o Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
o Contains any personal identification, such as personal names, phone numbers or e-mail addresses, without permission;
o Contains material embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
o Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
o Promotes any activities that may appear unsafe or dangerous;
o Is unlawful or in violation of any law;
o Contains any sexually explicit, lewd, offensive, disparaging or other inappropriate material;
o Is unsuitable to be entered into this Contest for any reason whatsoever, at Sponsor's sole discretion; and/or
o Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and/or the Released Parties wish to associate, in Sponsor's sole discretion.
Each entrant agrees that the Released Parties are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the eligibility of any Entry. At any time during the Contest, even if the Entry is already approved, and/or is being taken into consideration for a prize, if Sponsor determines that an entrant's Entry is not in compliance with any of the Submission Requirements or these Rules, the Entry will be disqualified and will not be eligible to win a prize. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any other online social networks, without the prior consent of Sponsor.
7. CONTEST JUDGING: All Entries must be received by 11:59:59 pm ET on 01/30/21 to be eligible and there will be a Contest Judging Phase to be complete on or about 02/02/21 (the 'Judging Phase'). During the Judging Phase, qualified representatives of the Released Parties (the 'Judges'), based on the below criteria, will judge all Entries that comply with these Rules and the Submission Guidelines, in Sponsor's sole discretion. Utilizing this criteria, the Judges will assign a percentage score to each Entry, which will determine each entrant's final tally and will determine the one (1) Grand Prize-winning Entry.
(a) Originality ' 25%
(b) Quality of Answer ' 25%
(c) Most Deserving based on response/Photo ' 50%
8. GRAND PRIZES/APPROXIMATE RETAIL VALUE ('ARV'): The judging scores will determine the three (3) potential Grand Prize winning Entries. In the event of a tie after the Judge's scores have been tabulated, tied Entries will be re-judged by the Judges based solely on 'judging criterion (C).' In the event there is still a tie, a neutral tie-breaking judge will be appointed and his/her percentage score shall be utilized to break the tie. Judge's and Sponsor's decisions are final with respect to all matters relating to the Contest.
Three (3) Grand Prizes: The 'Drive-thru Wedding Ceremony' part of the Grand Prize must be used on date specified by Sponsor (revolving around 2/12/21 at a pre-determined location and time specified by Sponsor). The Grand Prize winners will receive a Grand Prize consisting of one (1) COVID-compliant drive-thru wedding ceremony to be officiated by I Do Drive-Thru Weddings including a Gift Bag (ARV: $560), one (1) five-hundred dollar check (ARV: $500), one (1) Dunkin' Merchandise Prize Pack (final contents as determined by Sponsor) (ARV: $212), and photo opportunity including Photograph Selects (ARV: $300). The total ARV of each Grand Prizes is one thousand, five hundred and seventy two dollars ($1,572.) The total ARV of all prizes to be awarded herein is four thousand, seven hundred and sixteen dollars (ARV: $4,716.). The COVID-19 compliant Drive-thru wedding ceremony will take place at a local Dunkin' as determined by Sponsor and at Sponsor's discretion. Prize must be used on date/time and at location specified by Sponsor or prize will be forfeited.
MARRIAGE CRITERIA: Winner and significant other will be required to get COVID tests (paid for by Sponsor) and must have negative results (within 3 days of use of prize). In order for the couple to be legally married, then each party must be: A) At least 18 years of age and free to marry (not married to anyone else at the time of marriage); B) Not closely related to each other [a marriage may not take place in New York State between an ancestor and descendant, siblings (full or half-blood), an uncle and niece or nephew or an aunt and niece or nephew]; C) Able to apply for their marriage license online or at a local NY City Clerk/County Clerk/Marriage Bureau (with Sponsor's guidance) prior to the ceremony; D) Available for an online or in person appointment at a local City Clerk/County Clerk/Marriage Bureau (with Sponsor's guidance); E) Available to pick up their marriage license from that same City Clerk/County Clerk/Marriage Bureau office prior to the ceremony taking place. The couple would also need to produce one of the following original forms of identification to their local NY City Clerk/County Clerk/Marriage Bureau during their appointment:
1. Birth Certificate
2. Baptismal Record
3. United States Naturalization Certificate
4. Census Record and one of the following original identity-related documents (documents must be valid/un-expired):
A. Driver's License
C. Employment Picture I.D.
D. Immigration Record
Couples may also be asked to produce at the time of appointment any prior divorce certificates and their proof of Social Security number.
In the event winner is not able to obtain a valid marriage license prior to the Drive-Thru Wedding Ceremony, Sponsor will perform the Drive-Thru Wedding Ceremony and wedding will not be legally binding; however, Winner may work with I Dot Drive-Thru to conduct an official marriage ceremony at a later date, as determined by I Do Drive-Thru.
In the event, there are no eligible Entries in order to award the Grand Prize, Sponsor retains the right not to award the Grand Prizes. The decisions of Judges and Sponsor are final and binding on all matters relating to this Contest. The Grand Prize restrictions/conditions stated herein are not all-inclusive. No transfer, substitution or cash equivalent for the Grand Prize, in whole or in part, will be permitted, except at Sponsor's sole discretion due to Grand Prize unavailability for any reason, and only then for a Grand Prize of greater or equal value determined by Sponsor shall be allowed. All federal, state, and other tax liabilities, marriage certificate liabilities or requirements arising from accepting the Grand Prize in this Contest are the sole responsibility of the Grand Prize winner who will receive a 1099 for the entire value of the prize for tax year 2021.
9. Prize Winner Notification: On or about one (1) business day after the Judging is completed, Sponsor will notify the potential prize winner via Instagram Private Message and will be asked to provide additional information back to the Sponsor, including email address. Potential prize winners must respond within two (2) calendar days of such attempted notification, 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 two (2) times during a two (2) calendar day period. The potential Grand Prize winner will be then be contacted via email and must complete and return, via email/email link/mail, an Affidavit of Eligibility, Liability/Publicity Release (where legal) and an Assignment of Rights, and a W9 form for tax purposes (collectively, 'Affidavit'). The potential Grand Prize winner must return the Affidavit within three (3) days of notification or the potential Grand Prize winner will be disqualified and the entrant with the next highest score will be determined the potential Grand Prize winner and will be contacted per above. Potential Grand Prize winner may be required to provide his/her Instagram ID or Potential Grand Prize winner may be disqualified.
10. Transfer Of Rights: By submitting an Entry, entrant hereby irrevocably grants the Contest Entities the non-exclusive, non-transferable, royalty-free, perpetual, worldwide rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, the Site, and/or other Sponsor-selected media). Acceptance of Grand Prize constitutes permission for the Sponsor and its designees, I Do Drive Thru Weddings, and the wedding officiant, to use the name, email, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of Grand 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.
11. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants he/she has not engaged or taken part in (or induced or encouraged anyone else to do so) any activity or conduct in connection with this Contest that may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living things or any property; may or is likely to create a risk of any other loss or damage to any person, living things or any property; is or may constitute a crime, unlawful or non-consensual activity (e.g., conduct that could lead to criminal prosecution), tortuous conduct (e.g., conduct that could lead to civil prosecution). Each entrant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such.
OTHER CONDITIONS: Entrants agree that the Released Parties: (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting, in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, from acceptance, receipt, possession and/or use or misuse of a prize or any Released Parties use of any Entry or the rights granted herein, 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. Released Parties assume no responsibility for computer system, Contest Site, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network, server, cable, satellite, Internet Service Provider (ISP) or other connections that are human or technical in nature or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the notification and announcement of the winners, the incorrect uploading of any submission/Entry or in any other Contest-related materials. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part, for any reason, including should virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest, or any part of it. Released Parties are not responsible for incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest, by any technical or human errors which may occur in the processing of the Entries in the Contest. In the event of termination or cancellation, Sponsor reserves the right award the prizes from among all eligible, non-suspect, Entries received prior to the date of the termination or cancellation using the judging criteria outlined above. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Contest site, or to be acting in a unsportsmanlike or disruptive manner or in violation of these Official Rules. Released Parties are not responsible for Entries that are late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, garbled, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Official Rules, and all such submission/entries will be void. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE CONTEST 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 AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: 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 ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
13. WINNER: Winner List requests will only be accepted after the Contest has ended. For the winner's info, send a self-addressed stamped envelope, to be received by 3/1/21, to: 'Dunkin' Marriage on the Menu Contest Winner, c/o Sunflower Group 575 West Street Mansfield, MA 02048.
14. SPONSOR: The Sponsor of the Contest is Dunkin' Brands Inc., 130 Royall St., Canton, MA 02021.