The Dunkin’ Silent Disco Promotion
Official Rules 2023
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE CONNECTICUT AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
3. How To Participate/Win A Prize: Between 7:00:00 pm Eastern Time (“ET”) and 9:59:59 pm ET on 6/22/23 (each, a “Winning Time”), Sponsor will randomly select nineteen (19) eligible participants at the Event as potential winners, subject to verification of eligibility and compliance with these Official Rules. Odds of winning a prize depend on the actual number of eligible participants. Failure to comply with these Official Rules will result in disqualification. Access to the Event is on a first come, first served basis. Sponsor does not guarantee that everyone who wishes to attend the Event will have the opportunity to do so.
4. Prize(s)/Approximate Retail Value (“ARV”) (19): One (1) pair of tickets to an upcoming concert taking place at Gillette Stadium in Foxboro, MA on June 30th, 2023, or July 1st, 2023 (ARV: $200 per pair). Total ARV of all prizes: $3,800. Exact concert date to be determined by the Sponsor. Tickets are subject to terms and conditions specified thereon. Sponsor is not responsible if concert is delayed, postponed or cancelled for any reason; no substitution will be provided except as in Sponsor’s sole discretion, and winner will not be reimbursed for tickets. The terms of the ticket shall govern. Seating to be determined in the sole discretion of Sponsor. Winners and guests agree to abide by all venue rules and regulations. Failure to do may result in forfeiture of prize. Tickets cannot be bartered, sold, traded, or auctioned. 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 by winners. Sponsor reserves the right to substitute a prize of greater or comparable value, in its sole discretion. All taxes, if any, are each winner’s responsibility and any prize value more than $599 will require the winners to receive a 1099 for tax purposes. Prizes are awarded “As is” with no warranty or guarantee. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person. Prize will be provided at Event following completion of winner verification process.
5. Publicity Grant: Each winner (and, if an eligible minor, their parent or legal guardian), by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes, in any manner, in all media now known or hereafter devised, worldwide in perpetuity, without additional compensation or notification to, or permission from, winner or parent or legal guardian if an eligible minor.
6. General Terms/Limitation of Liability: Released Parties are not responsible 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 announcement of the prizes or in any Promotion-related materials. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, by tampering, unauthorized intervention, fraud, 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. 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, 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. 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.
7. 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 ARBITRA TION 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.
8. Request for Official Rules/Winners List: For a copy of the Official Rules, available after the Promotion Period has ended, and/or a Winners List, send a self-addressed stamped envelope, to be received by 07/17/23, to: Dunkin’s Silent Disco 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.
9. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.