Dunkin’s Beanpot Hype Event Promotion- Kenmore
Official Rules 2023
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.
3. Promotion Period: The Promotion begins at 10:00:00 am Eastern Time (“ET”) on 01/30/23 and ends at 11:59:59 am ET on 01/30/23, or earlier if the three (3) randomly selected Winning Time as described and defined below in Rule #4, have already occurred and the Prize winners have been confirmed (the “Promotion Period”).
4. How To Participate/Win A Prize: Prior to the start of the Promotion, Sponsor will randomly pre-select three (3) Winning Times within the Promotion Period (“Winning Time”). In order for you to be a potential prize winner, you must be an eligible participant who steps/has stepped into at such randomly selected Dunkin’ Location (“Participates”) at the randomly selected Winning Time, as determined and verified by Sponsor. In this winning moment, the potential winner will be approached by a representative of Sponsor and will be provided directions for validation and verification. There is a limit of one (1) prize per person, throughout the Promotion Period. In order to be named an official winner, participant must abide by these official rules. The Promotion Period may end earlier if the three (3) potential prize winners are confirmed as official, prior to 11:59:59 am ET on 01/30/23. Many will participate, few will win. Odds of winning a prize depend on the actual number of eligible participants.
5. Prize(s)/Approximate Retail Value (“ARV”): One (1) Grand Prize (“Grand Prize”) and two (2) First Prizes (“First Prize”), each individually referred to as a “Prize”, will be available to be awarded. Once confirmed as detailed below, the Grand Prize winner will receive two (2) tickets to an upcoming Boston Bruins game at TD Garden located at 100 Legends Way Boston, MA on a sponsor specified date and time (ARV:$250). Once confirmed as detailed below, each First Prize winner will receive two (2) suite tickets to the Beanpot Tournament on Monday, February 6th, 2023, at 5:00 pm at TD Garden located at 100 Legends Way Boston, MA (ARV: $100 each). The total ARV of all Prizes available to be awarded in the Sweepstakes is four hundred fifty dollars ($450). 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. All Prize details are at Sponsor’s sole discretion. Terms and conditions apply to use of gift cards. Actual value of autographed merchandise may vary depending on market fluctuations. TRANSPORTATION, PARKING, LODGING, AND FOOD/BEVERAGE NOT INCLUDED. Tickets are subject to terms and conditions specified thereon. Sponsor is not responsible if game is delayed, postponed or cancelled for any reason; the terms of the ticket shall govern, no substitution will be provided by Sponsor, except as in Sponsor’s sole discretion, and winner will not be reimbursed for tickets. Seating to be determined in the sole discretion of Sponsor. Any applicable venue rules and regulations will apply, including applicable COVID-19 protocols, which may include masking, vaccination, or testing policies in effect at the Arena at the time of the game. Winner and guest must abide by all venue policies. Resale of tickets is prohibited. Winner and guest fully understands 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. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion.
6. 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 their Prize. The three (3) potential Prize winners, once confirmed by Sponsor, will be presented with the prize on the spot. If the Promotion Period has ended and one (1) or more prize winners have not been confirmed, Sponsor reserves the right to extend the Promotion Period and award such prize in accordance with these official rules. In the event that there are fewer prize winners than there are prizes available due to no Participation, Sponsor reserves the right to only award the number of prizes as there are eligible potential prize winners. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion.
7. Prize Conditions: The Prize tickets must be used on date specified by sponsor. If potential Prize winner cannot attend the hockey game on the date specified, they will forfeit the Prize, in Sponsor’s discretion. 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. All Prize details are at Sponsor’s sole discretion and are subject to change. All other expenses relating to acceptance of the Prize not explicitly stated herein, including but not limited to, transportation to/from the stadium, lodging, parking, concessions, any and all taxes, meals, drinks, personal purchases/souvenirs, gratuities, and any and all costs or expenses associated with attending the game are solely the responsibility of the Prize winner or guest. Released Parties will not replace any lost or stolen tickets once in prize winner’s possession. Use of any Hockey game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each winner’s guest must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. The terms and conditions of the tickets awarded as part of each prize will govern in the event a legal game/event/exhibition, as defined by the NHL, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winners and their guest(s) agree to comply with all applicable stadium and venue regulations in connection with the prize. Sponsor and NHL Entities reserve the right to remove or to deny entry to a winner and/or his/her guest who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any NHL game/event/exhibition. NHL game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture and may invalidate the license granted by the game/event/exhibition ticket.
8. 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 paperwork, whether caused by any of the equipment or programming associated with or utilized in this Promotion or by any human error. Sponsor and NHL entities are 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, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Promotion. Sponsor and NHL entities are not responsible for any typographical or other error(s) in administration of the Promotion, or in the selection/announcement of the Prize winners. If, for any reason, the Promotion 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 or NHL entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor or NHL entities reserve the right in its sole discretion to cancel, terminate, modify or suspend the Promotion. All interpretations of these Official Rules and decisions by Sponsor are final. Sponsor and NHL entities reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have tampered with the participation process or the operation of this Promotion; (ii) to be acting in violation of these Official Rules; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents submitted in connection with this Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND NHL 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 Promotion or any Promotion-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 PARTICIPANT IN THIS PROMOTION. 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 PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MASSACHUSETTS, 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. PARTICIPANTSS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION
10. Request for Official Rules: For a copy of the Official Rules, available after the Promotion Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by 02/15/23, to: Dunkin’s Beanpot Hype Event Promotion- Kenmore c/o Sunflower Group, PO Box 7775 Cumberland, RI 02864. 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.
11. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.