The Dunkin’ St. Patrick’s Day Celebration Promotion
Official Rules 2022
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. How To Participate/Win The Prize: Prior to the start of the Promotion, Sponsor will randomly pre-select one (1) Grand Prize winning time (“Grand Prize Winning Time”) and nine (9) First Prize winning times (“First Prize Winning Times”) between 8:00:00 AM Eastern Time (“ET”) and 11:59:59 AM ET on March 17, 2022 (“Promotion Period”). In order for you to be a potential prize winner, you must be an eligible participant who steps/has stepped into OR pulls up to the drive-thru speaker box at the Dunkin Location at one of the Winning Times, as determined and verified by Sponsor. In these winning moments, the potential winners will be approached by a representative of Sponsor and will be provided directions for validation and verification. Many will participate, few will win. There is a limit of one (1) prize per person, throughout the Promotion Period. In order to be named an official winner, Participants must abide by these official rules (“Official Rules”). The Promotion Period may end earlier if the ten (10) potential prize winners are confirmed as official, prior to 10:59:59 AM ET on March 17, 2022. 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”): The Grand Prize Winner (“Grand Prize”) winner will receive a one-thousand-dollar (1,000) check, and two (2) tickets for winner and one (1) guest to a Sponsor-specified Boston Celtics Game (Approximate Retail Value (“ARV”): $170). The total ARV of the Prize is one thousand one hundred and seventy dollars ($1,170). Nine (9) First Prize (“First Prize”) winners will receive two (2) tickets for winner and one (1) guest to a sponsor-specified Boston Celtics Game (Approximate Retail Value (“ARV”): $170). 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. All federal, state, and other tax liabilities arising from accepting a Prize in this Promotion are the sole responsibility of the applicable Prize winner. The Grand Prize winner 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. TRANSPORTATION, PARKING, LODGING, AND FOOD/BEVERAGE NOT INCLUDED. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion. Odds of winning a Prize are dependent upon the total number of eligible entries received throughout the Promotion Period. In no event will Sponsor be responsible for awarding more than the stated Prizes herein. 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 a 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.
6. Prize Winner Notification/Verification: The 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 ten (10) potential Prize winners, once confirmed by Sponsor, will be immediately presented with the Prize in person at the Dunkin’ Location. The one (1) potential Grand Prize winner must complete an Affidavit (or Declaration) of Eligibility, a Liability and Publicity Release as well as a W-9 form, presented to them at the Dunkin’ Location, before the Sponsor can confirm them as the Grand Prize winner. Failure to comply with all requirements imposed on the winners or otherwise set forth in these Official Rules will result in disqualification. If the Promotion Period has ended and the 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 or to not award the Prizes. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion.
7. Prize Conditions: If potential Prize winner cannot attend the 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 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. Tickets are valid only on the date printed on the tickets. Tickets are not refundable or transferable and may not be substituted or exchanged for cash or credit at any time. Tickets may not be sold to a third party. The Sponsor, the Celtics, and/or Delaware North Companies, Inc. – Boston (“DNC-B”), the owner of the TD Garden, in their sole discretion, reserve the right to deny entry to or to remove Prize Winner(s) and/or guest(s) if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person at the game or other Prize-related event. Each Prize winner’s guest must be of legal age of majority in their jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Prize Winners and their guest(s) agree to comply with all applicable stadium and venue regulations in connection with the prize. 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 game/event/exhibition. 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.
Attendance at any Celtics home game is subject to the general rules and regulations established from time to time by DNC-B, and by the Celtics (collectively, “Event Rules”), including any health and safety protocols applicable to such activities (e.g., requirements relating to COVID-19 vaccination status or use of face coverings), as determined by DNC-B and the Celtics in their sole discretion. In the event of a violation of the Event Rules, the Celtics shall have the right to remove the violators from the event. If Prize Winners or Prize Winner’s guest(s) are removed from the event, they shall not have any rights to other Prizes or compensation.
8. General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Released Parties assume no responsibility for errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the determination of winners, the announcement of the prize or in any Promotion-related materials. 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 which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves 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 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 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 (including any travel related thereto), or from acceptance, receipt, possession and/or use/misuse or inability to use a Prize (including any travel or activity related thereto), 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 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. 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 03/24/22, to: Dunkin’s St. Patrick’s Day Celebration Promotion c/o Sunflower Group, 575 West Street, Suite 120, Mansfield, MA 02048. Please note on the left-hand corner of your envelope if you are requesting the Names of Winners or Official Rules.
11. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.