Dunkin’ Soundtrack of Summer DD Perks Sweepstakes
Official Rules
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE ELIGIBILITY AREA AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
2. Eligibility: The Dunkin’ Soundtrack of Summer DD Perks Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents, currently residing the U.S. (inc. DC.) (“Eligibility Area”); who are eighteen (18) years of age or older as of the date of their participation and entry (“Entrant”). Franchisees and employees, directors and officers of Dunkin’ Brands Inc. (“Sponsor”), Advantage Marketing Partners, DBA Sunflower Group (“Administrator”), Live Nation Worldwide, Inc. (“Live Nation”), 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 outside the Eligibility Area and wherever 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 set forth in the Official Rules; (3) you accept and agree to be bound by these Official Rules, and Sponsor’s Terms of Use and Privacy Policy accessible 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 July 15, 2022 and ends at 11:59:59 PM ET on August 10, 2022 (the “Sweepstakes Period”).
4. How to enter: If you are not already enrolled, you must (a) enroll in the DD Perks Program, Sponsor’s loyalty program, online at DDPerks.com, or via the Dunkin’ App; and (b) you must enter the promotion code, “DUNKINSOUNDTRACK” under the offers tab within the Dunkin’ App during the Sweepstakes Period (hereinafter, an “Entry”). Limit one (1) entry per DD Perks member.
Multiple Entrants are not permitted to share the same email address. Incomplete Entries, Entries generated by script, macro or other automated means, or Entries that do not fully comply with these Official Rules, 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 Sweepstakes Period. All Entries become the exclusive property of Sponsor and will not be acknowledged. In the event of any dispute concerning the identity of any Entrant, the relevant Entry will be deemed submitted by the authorized account holder of the email address associated with the DD Perks Account used to enter the promotion code and such individual must comply with these Official Rules.
5. Prize Drawing/Prizes/Approximate Retail Value (“ARV”): On or about five (5) business days after the Sweepstakes Period has ended, Administrator, an independent judging agency shall perform a random prize drawing (the “Prize Drawing”) from among all eligible Entries received, in order to select three (3) potential Grand Prize (“Grand Prize”) winners, ten (10) potential First Prize (“First Prize”) winners, One Hundred (100) Second Prize (“Second Prize”) potential winners and two thousand, five hundred (2,500) Third Prize (“Third Prize”) potential winners.
Once confirmed, the Grand Prize winners will receive two (2) tickets to a Live Nation produced and promoted concert or festival in the United States; round-trip, economy class air transportation for two (2) from the major airport nearest winner’s home within the U.S. to the major airport nearest the concert or festival; one (1) double occupancy standard hotel room for two (2) nights / three (3) days (or longer depending on number of festival dates); a $1,000.00 pre-paid cash card (terms and conditions apply to use) to use toward ground transportation, food and non-alcoholic beverages; and Free Coffee for a Year to be fulfilled in five-hundred and ninety-eight dollars ($598) in Dunkin’ Gift Cards (terms and conditions apply to use). Tickets are subject to availability, venue capacity, age and artist restrictions. Tickets to a particular concert/festival are not guaranteed and are subject to availability. Selection of airline and hotel, and any seat and/or room assignments are at the discretion of Live Nation, airline and/or hotel personnel. All costs and expenses associated with prize acceptance and use not specifically mentioned herein as being provided, including, but not limited to, ground transportation, meals, gratuities, and baggage fees, are solely the winner’s responsibility. Live Nation reserves the right to provide ground transportation in lieu of air transportation if the winner resides within two hundred (200) miles from concert/festival venue and no compensation or substitution will be provided for difference in prize value, if any. Winner and guest must abide by all venue policies, including any vaccination or masking requirements. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring Live Nation into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Concert or festival must be selected at least thirty (30) days in advance of the travel date and is subject to availability and age restrictions. Travel must take place on the day prior to the confirmed concert/festival and return the day following the concert/festival. All travel must be taken no later than April 30, 2023; no alternate travel dates are available. If winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel is subject to availability and restrictions. Winner and guest must travel together on same itinerary. If winner is a minor in his/her state of residence, the guest must be winner’s parent or legal guardian. A minor may accompany winner as a guest only if the winner is the minor’s parent or legal guardian. Minor must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Winner and guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. government issued passport, or a valid state-issued driver’s license or Real ID-compliant license or ID, as applicable) required for travel. Winner and guest must comply with all airline, CDC regulations, and local government laws, rules and requirements, which may include, without limitation, wearing masks, proof of vaccination status, proof of negative Covid-19 test administered by an approved facility, and possible quarantine. Live Nation shall not be liable for additional costs or expenses due to any quarantine requirements, including the cost of changing any travel or hotel arrangements, which shall be the sole responsibility of winner. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Live Nation is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Live Nation is not responsible and will have no liability if winner and/or guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. Any unclaimed and/or unused prize element will remain the property of Live Nation. Resale of tickets is prohibited. Any such resale may result in disqualification and prize forfeiture and may invalidate the license granted by the ticket(s). By claiming event tickets, you agree to Live Nation’s Terms of Use, and to abide by the health and safety measures in effect at the time of the event, which may include, without limitation, wearing masks, providing proof of vaccination status and/or providing proof of negative COVID-19 test administered by an approved facility. Should the concert or festival be cancelled, you will be notified as soon as reasonably possible. Winner and guests must abide by all venue policies, which may include masking and/or providing proof of vaccination. Grand Prize winner and guests fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. Released Parties will not replace any lost or stolen tickets once in Grand Prize winners’ possession. Released Parties will not be responsible for weather conditions, acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the event. The total ARV of each Grand Prize is six thousand and ninety eight dollars (ARV: $6,098), depending upon winner’s point of travel origin and airfare fluctuations at the time of taking the trip. Any difference between stated approximate retail value and actual value of prize will not be awarded.
Ten (10) First Prizes of one (1) Free Coffee for a Year prize (fulfilled as $598 in Dunkin’ Gift Cards) are available to be awarded. (ARV: $598).
One hundred (100) Second Prizes of one (1) $100 Live Nation® Concert Cash® code (“Code”) are available to be awarded. Codes are redeemable only on the website located at www.livenation.com/concertcashtix. Each Code is a one-time use only promo code good toward $100-off final ticket purchase for a select Live Nation produced and promoted concert in the United States ticketed on livenation.com or ticketmaster.com, based on availability under this program. Codes cannot be used toward VIP Nation®, TicketsNow® or events not ticketed by Live Nation, fan clubs, ticket packages, gift cards, credits or shipping charges. Exclusions may apply to TM+, Platinum, Fan-to-Fan Resale, Ticket Exchange by Ticketmaster®, events at AEG venues and tickets not sold directly by Live Nation. All ticket purchases are subject to the Purchase Policy found here. Codes must be redeemed by 11:59 PM ET on April 30, 2023. A Code can be used only once. Maximum one (1) Code per transaction. Codes are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Codes contain or are the result of a printing, seeding, typographical, mechanical or other error(s), or do not contain proper security devices (an “irregular Code”). Any attempt to obtain or generate multiple Codes and/or irregular Codes and/or to use multiple names, email addresses, phone numbers and/or any fraudulent or other non-permissible mechanisms to obtain Codes, as determined by Live Nation in its sole discretion, shall give Live Nation the right to disqualify user. Codes have no cash value and cannot be exchanged for cash or credit, except as required by law. Codes cannot be sold or bought and will be void if sold or exchanged for compensation. Any unused value will be forfeited. Codes cannot be combined with other product offers or promotions. Items purchased with a Code are for personal use or gifts only and are not valid for resale. Codes cannot be used for past purchases or offers. Use of a Code for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Codes cannot be replaced if lost or stolen and Live Nation is not responsible for any damage or loss resulting from unauthorized use. Codes are void where prohibited by law. If a Code is used in violation of these Terms, Live Nation reserves the right to (a) cancel any ticket order, or (b) charge user’s credit card for value of tickets after shipment. Once tickets are issued, they cannot be exchanged for other tickets or merchandise (ARV: $100).
Two thousand-five hundred (2,500) Third Prizes of one (1) ten-dollar ($10) Dunkin’ eGift Card are available to be awarded. Terms and conditions apply to use of gift card. (ARV: $10).
The total ARV of all prizes available to be awarded in this sweepstakes is fifty-nine thousand, two hundred and seventy-four dollars (TOTAL ARV: $59,274.) In no event will Sponsor be responsible for awarding more than the stated number of prizes herein. The prize restrictions/conditions stated herein are not all-inclusive. Sponsor is not responsible if a prize is delayed, postponed, or cancelled for any reason, in which event portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. All federal, state, and other tax liabilities arising from accepting a prize in this Sweepstakes are the sole responsibility of the applicable winner. The Grand Prize winners will receive an IRS Form 1099 at the end of the tax year in which they accepted the prize for the actual value of the prize awarded. No transfer, substitution or cash equivalent for any prize, in whole or in part, will be permitted, except at Sponsor’s sole discretion, and only then for a prize of greater or comparable value determined by Sponsor shall be allowed. 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 throughout the Sweepstakes Period. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All taxes, if any, are winner’s responsibility. Prizes cannot be redeemed for cash. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
6. Prize Winner Notification/Verification/Prize Restrictions: The potential winners are not official winners unless and until Sponsor/Administrator confirms such. The potential winners will be notified via email or phone number associated with their DD Perks® account, on or about five (5) business days after the Prize Drawing. Administrator will make two (2) attempts to contact each potential winner via such method. Potential winners will have three (3) business day from the time of the first notification attempt to respond to Administrator or potential winners will be disqualified and Administrator will select/notify an alternate potential winners. The potential Grand Prize winner will be sent an email with an Affidavit of Acceptance/Eligibility and Liability/Publicity Release (where lawful) (the “Prize Claim Documents”) and will have five (5) calendar days from the time of receipt to sign and return the Prize Claim Documents to Sponsor or Administrator, or else such prize may be forfeited, and an alternate winner will be selected, time permitting. If in any instance, notification attempt(s) for a potential winners fail for any reason, or if a potential winners is found to have not complied with these Official Rules, fails to return any of the requested documents within the timeframe provided, or cannot accept the prize for any reason, the applicable prize will be forfeited and an alternate potential winner will be selected from among remaining eligible Entries, if any.
7. Publicity Grant: By accepting a prize in the Sweepstakes, all potential/confirmed winners hereby consent to the use by the Released Parties of their Entry and all information contained therein including but not limited to, name, likeness, opinions, images, statements and/or other indicia of persona, and personally-identifiable information (collectively “Likeness”), for any and all uses and purposes (including, without limitation, for purposes of advertising and trade) in any media now known or hereinafter developed in any manner throughout the world (including, without limitation, the World Wide Web and on-air) in perpetuity without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use.
8. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ENTRANTS OR WINNERS OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION FROM THE SWEEPSTAKES AND FORFEITURE OF ANY PRIZE. Released Parties assume no responsibility for incorrect or inaccurate Entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error, which may occur in the processing of the Entries in this Sweepstakes. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or other services, or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes, fulfillment of prizes, or in any Sweepstakes-related materials. All interpretations of these Official Rules and decisions by Sponsor are final. Sponsor reserves the right in its sole discretion to disqualify any individual (and void all associated Entries) it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated means of entry or any other means to subvert the entry process; (ii) to have tampered with the entry 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 ASSOCIATED WITH THIS SWEEPSTAKES 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. THE MASSACHUSETTS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF MASSACHUSETTS SHALL GOVERN THE SWEEPSTAKES. 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 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 the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. 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. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. 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 drawings from among all eligible Entries received for each drawing up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. In such event, Sponsor reserves the right to award the prizes at random from among the eligible Entries received throughout the Sweepstakes Period and overall, up to the time of the impairment. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any part of these Official Rules is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Official Rules shall continue in effect. 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 PRIZES TO BE AWARDED TO AN INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.
8. Governing Law/Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MASSACHUSETTS. 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 MASSACHUSETTS OR NEW HAMPSHIRE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE NORFOLK COUNTY OF MASSACHUSETTS. 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.
9. Request for the Names of the Winners and/or Official Rules: For the names of the winners, available after the Sweepstakes Period has ended, or a copy of the Official Rules, send a self-addressed stamped envelope, to be received by 9/15/2022, to Dunkin’ Soundtrack of Summer Sweepstakes, c/o Sunflower Group, 575 West Street, Mansfield, MA 02048. Please note on the left-hand corner of your outer envelope if you are requesting the Names of Winners or Official Rules.
10. Sponsor: Dunkin’ Brands Inc., 130 Royall St., Canton, MA 02021.
Live Nation is not a sponsor of the Sweepstakes, and is in no way responsible for the administration of the Sweepstakes and the verification of winners. All inquiries regarding the Sweepstakes should be directed to Sponsor. Live Nation, VIP Nation, TicketsNow, TicketExchange by Ticketmaster, and Concert Cash are trademarks of Live Nation Entertainment, Inc.
_____________________________________________________________________________________________________