THE DUNKIN’ DONUTS HALLOWEEN CONTEST OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

1.       Contest Period: The Dunkin’ Donuts Halloween Contest (“Contest”) begins at 12:00 am Eastern Time (“ET”) on October 16, 2017 and ends at 11:59 pm ET on October 31, 2017 (the “Contest Period”).



2.       Eligibility: The Contest is open only to legal residents of the 50 United States or the District of Columbia, who are at least eighteen (18) years of age or older at the time of entry (“Entrant”). Franchisees and employees, directors and officers of Dunkin’ Brands Inc. (“Sponsor”), Brand Connections  (“Administrator”), and any of their respective affiliates, franchisees, parents, subsidiary companies, and advertising and promotion agencies (collectively, the “Contest Entities”), 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 wherever prohibited or restricted by law.  Contest is subject to all applicable federal, state and local laws.

3.       How to Enter: An Instagram account is required to enter and can be opened for free by downloading the Instagram application from the Apple store or Google Play. Entrants must have their account settings set to public and be a follower of the Dunkin’ Donuts account at @DunkinDonuts. During the Contest Period, Entrants can upload a photo showcasing their past or present homemade Dunkin’ Donuts Halloween costume (“Photo”) and include the hashtag #DDCostumeContest in the Photo’s caption in order to receive one (1) entry into the Contest (“Entry”). By submitting a Photo and including the hashtag, you are agreeing to these Official Rules. Entry must comply with Instagram’s Terms of Use (http://instagram.com/about/legal/terms/). Multiple entrants are not permitted to share the same Instagram account. Limit one (1) Entry per person/Instagram account/email address throughout the Contest Period.  Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged entries. Proof of submission is not proof of receipt by Sponsor. Automated, script, macro or robotic Entries will be disqualified. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Instagram accounts used to enter the Contest. By entering, you understand that your Entry, in its entirety may be posted online if your Entry is deemed eligible and appropriate, in Sponsor’s sole discretion. Normal Internet/phone access and data/usage charges imposed by Entrants’ online/phone service will apply and are Entrants’ sole responsibility. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

 

4.       Contest Entry Requirements: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify the Entry. Entry must be original to Entrant and owned by Entrant. Entry must not have been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.  Any Entry deemed inappropriate or unsuitable, in Sponsor's sole discretion, will be disqualified. Entry must not contain material that is inappropriate, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).  Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.  Any Entry or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials,  or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Sponsor’s) or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, corporate logos, brand names, slogans, political, or religious statements, other than Sponsor’s), or is otherwise objectionable, will not be considered and will disqualify the Entry.  Photos may not be owned, taken or edited by a professional photographer. Entry must not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information. Entrants and all submitted Entries must be in keeping with Sponsor's image/brand image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with Sponsor. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry not in compliance with these Official Rules will be disqualified. Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering, you understand that you are providing your information to Sponsor and not to Instagram.

 

5.       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).

 

6.       Additional Representations And Warranties:  Each Entrant represents and warrants as follows: (i) Entrant's Entry is non-professional and the sole, original work of the Entrant, which has not been copied or otherwise plagiarized, in whole or in part, from any other source (other than the Sponsor-provided content) and, as of the date of Entry submission, is not the subject of any actual or threatened litigation or claim; (ii) Entrant's Entry has not been published previously or submitted in any other competition; (iii) Entrant owns all rights in and to the Entry (as may be applicable despite usage of Sponsor materials); (iv) Entrant's Entry does not and will not violate or infringe upon (nor is it at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights; and (v) Entrant's Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant under these Official Rules.

 

7.       Judging: All eligible Entries received during the entry period will be judged by Sponsor-selected judges, based on the following criteria: Originality/Creativity (50%); Marketability of Costume Design (25%); and Relativity to the Dunkin’ Donuts Brand (25%); to determine one (1) Grand Prize Winner.  All eligible entries received throughout the Contest Period will be judged on or about November 1, 2017.  In the event of a tie, tied Entries will be re-judged based solely on: Originality/Creativity (100%). Decisions of Sponsor-selected judges are final with respect to all matters relating to the Contest.

 

8.        Winner Notification: Grand Prize Winner will be contacted by the Sponsor via Direct Message (“DM”) on Instagram and will be asked to email the Administrator with the following information within 24 hours of notification: first and last name, complete mailing address (no P.O. Boxes), Instagram handle, and date of birth. Grand Prize Winner will then be required to email the Administrator as directed in the DM within twenty four (24) hours of the DM notification or prize may be forfeited and the next highest scoring Entry for that Entry Period will be notified. By emailing the Administrator, the Entrant attests that they (or any members of their household) are not an employee of any of the Contest Entities, and acknowledge that if they (or any members of their household) are found to be an employee, the prize will be forfeited and an alternate winner will be determined and notified, as stated above. After the initial DM notification, potential Grand Prize winner will be sent via email, an Affidavit of Eligibility, liability/publicity release, where permitted by law and assignment of rights, within seven (7) days of notification attempt or prize will be forfeited and an alternate winner determined. Noncompliance within any specified timeframe or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner determined. If a winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner will be determined and contacted (in accordance with these Official Rules).

 

9.       Prizes: Grand Prize (1): $2,500, awarded in the form of a check, the opportunity for Entrant’s costume to be featured on a billboard in Times Square in NYC, New York, and a year’s supply of coffee, which will be awarded in the form of Dunkin’ Donuts gift cards totaling five hundred and ninety-eight dollars ($598) [based on five (5) coffees per week totaling eleven dollars and fifty cents ($11.50) per week for fifty-two (52) weeks]. The approximate retail value (“ARV”) of the Grand Prize is $[3,098].  All details, including dates and duration of exposure via the billboard are in Sponsor’s sole discretion. Gift cards are subject to separate terms and conditions. Winners are solely responsible for any taxes related to their prize. Grand Prize winner will receive an IRS Form 1099 for the prize value. In no event will Sponsor be responsible for awarding more than the stated Prizes herein. No transfer or substitution will be permitted, except at Sponsor's sole discretion and only then for a prize of greater or equal value determined by Sponsor shall be allowed. Limit one (1) prize per person/household.

 

10.   General Rules: By participating, Entrants agree to these Official Rules and the decisions of the judges and Contest Entities, which shall be final and binding in all respects. Entrant also accepts and agrees to be bound by Sponsor's Conditions of Use, Legal Notices and Privacy Policy as published at www.DunkinDonuts.com. Winners agree to release and hold harmless Contest Entities and Instagram, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry in the Contest, the receipt, ownership, possession and/or use or misuse of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes or for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Acceptance of any prize constitutes permission to the Contest Entities to use winners’ Entries, names, and likenesses for promotional purposes without further compensation, notice, review or approval, except where prohibited by law. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Contest for any reason, including (but not limited to) if, for any reason, the Contest is not capable of running as planned, including 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 the Contest. If such cancelation occurs, Sponsor reserves the right to determine winner from among all eligible Entries submitted Period prior to cancellation, based on the same criteria listed above. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online 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; (ii) to have tampered with the entry 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: THE SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL THAT TAMPERS OR ATTEMPTS TO TAMPER WITH THE ENTRY/VOTING PROCESS OR THE OPERATION OF THE CONTEST OR  SITE; VIOLATES THE OFFICIAL RULES; OR ACTS IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. THE MASSACHUSETTS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF MASSACHUSETTS SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF MASSACHUSETTS WITHOUT REGARD TO PRINCIPLES OF CONFICTS OF LAW.

 

11.   Limitation Of Liability: Entrants agree that the Contest Entities: (a) shall not be responsible or liable for, and hereby release the Contest Entities 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 Contest Entities 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 Contest Entities; or (3) by any other cause, condition or event whatsoever beyond the control of the Contest Entities. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. 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.

12.   Request For The Names Of Winners: For the names of the winners, available after November 15, 2017, send a self-addressed stamped envelope, to be received by December 15, 2017, to: Dunkin’ Donuts Halloween Contest Winners, c/o Brand Connections, 26 Patriot Place, Suite 104, Foxboro, MA 02035.

 

13.   Administrator: Brand Connections, 26 Patriot Place, Suite 104, Foxboro, MA 02035.

 

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