The Dunkin’ and Enrique Santos Pool Party Sweepstakes
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. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY FACEBOOK.
3. Sweepstakes Period: The Sweepstakes begins at 9:00:00 am Eastern Time (“ET”) on 6/13/22 and ends at 11:59:59 pm ET on 6/17/22 (the “Sweepstakes Period”).
During the Sweepstakes Period, visit the Dunkin’ Facebook page (https://www.facebook.com/DunkinDonuts). Once at the Dunkin’ Facebook page (the “Promotion Site”) during the Sweepstakes Period, you must comment on one (1) of the applicable Sweepstakes Posts and comment how you would enjoy Dunkin’ at the pool party and include the hashtags #Dunkin #Sweepstakes and #EnriqueSantosPoolParty (hereinafter, an “Entry”). There is a limit of one (1) Entry per person, regardless of email address or Facebook account, throughout the Sweepstakes Period.
Sponsor need not inform you if you have earned an Entry or not. Multiple participants are not permitted to share the same email address or social media 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 comment does not constitute proof of delivery or Entry during the Sweepstakes 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 Sweepstakes 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. The computer clock of the Webmaster hosting the Sweepstakes is the official timekeeping device. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Using the above referenced hashtag in your comment constitutes your consent to these official rules.
5. Submission Guidelines: Each Entry that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any Entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize.
The Entry MUST, in the sole discretion of Sponsor:
- Be written in English.
The Entry must NOT, in the sole discretion of Sponsor:
- Contain language that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission;
- Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Sweepstakes;
- Contain company names, product names, brand names or trademarks other than those owned or posted by Sponsor, which Entrant has a limited license to use for this Sweepstakes;
- Contains the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
- Contain language that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
- Contain language that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contain, or contain language that promotes, (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) tobacco, e-cigarettes, alcohol or drugs; (d) dangerous stunts; or (e) real weapons of any kind including, but not limited to, guns, knives or projectiles;
- Contain language that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
- Contain language in which the Released Parties do not wish to associate themselves with, in their sole discretion.
6. Random Drawing/Winner Determination/Prize/Approximate Retail Value (“ARV”): On or about one (1) business day after the Sweepstakes Period has ended, Administrator, an independent judging agency, shall perform a Prize Drawing from among all eligible entries received throughout the Sweepstakes Period in order to select one (1) potential prize winner. Once confirmed, as detailed below, the Prize winner will receive four (4) tickets to the Enrique Santos Pool Party on Sunday June 26th, 2022 at DAER Nightclub at Hard Rock Café and Casino (the “Party”) (ARV: $100) and one (1) one hundred ($100) dollar Dunkin’ gift card. The total ARV of the prize is two hundred ($200) dollars. TRANSPORTATION, PARKING, LODGING, AND FOOD/BEVERAGE NOT INCLUDED. Guests of winner must be 21 years of age or older. Winner and guests must wear appropriate attire and act in an appropriate manner (in Sponsor’s sole discretion) in order to attend the Party or they may be ejected from the Party with no further compensation to winner. In the event winner or his/her/their guests consume alcoholic beverages (not provided by Sponsor) while participating in any Prize-Experience-related activities, they do so at their own discretion and agree to hold Sponsor, their respective parents, subsidiaries, and affiliated companies and its agencies, harmless from any subsequent damages or third-party claims arising out of or related to such consumption. If applicable, winner and guests must agree to follow any required COVID Protocols in order to attend Party. 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. In no event will Sponsor or, for the avoidance of doubt, 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.
7. Prize Winner Notification/Verification: The potential Prize winner must comply with these Official Rules as published in order to be confirmed as an official winner and accept a prize. On or about June 20, 2022, Sponsor or Administrator will notify the potential Prize winner via a comment on his/her/their Entry. Potential Prize winner will then be required to follow the instructions in the comment to private message the Sponsor within twelve (12) hours of notification attempt. The potential Prize winner will then be required to respond to such notification as provided, accepting the prize and the winner and their guests must execute and return via email, a release of liability and provide his/her physical and/or email address (as requested), for prize delivery purposes, within twenty-four (24) hours of such notification or notification attempt, or the Prize will be forfeited, and an alternate potential Prize winner may be selected as outlined above, time permitting. Sponsor will attempt to contact the potential prize winner two (2) times during the twenty-four (24) hour period. If in any instance, notification attempt(s) for the potential Prize winner fail for any reason, or if the potential Prize winner is found to have not complied with these Official Rules or instructions upon notification, such Prize will be forfeited and an alternate potential Prize winner will be selected as outlined above, time permitting. Acceptance of prize constitutes permission for the Sponsor and its designees to use the name, account information, email, or actual or simulated likeness, biographical information, city, state, opinions, and prize information of the 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 compensations, unless prohibited by law. Further, the Prize winner and guests hereby indemnify the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules or use of prize/participation in Party.
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 Entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is 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 Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the selection/announcement of the Prize winner. 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 prize will be awarded as outlined above from those Entries (explained above) and Eligible Entries (as may be applicable) received up until the time of termination. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated 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 mechanic; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in a 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 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. 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 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 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 ENTRANT IN THIS SWEEPSTAKES. 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 SWEEPSTAKES 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. 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
10. Request for the Name of Winner and/or Official Rules: For the name of the prize winner, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, which must be received by 6/24/22, to: The Dunkin’ and Enrique Santos Pool Party Sweepstakes Winner, c/o Sunflower Group 575 West Street, Mansfield MA 02048.
11. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.