Dunkin’ Sparkd’ Energy TwitchCon Survey Sweepstakes
Official Rules 2023
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF THE FIFTY (50) UNITED STATES AND WASHINGTON, DC, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
3. Sweepstakes Period: The Sweepstakes begins at 9:00:00 AM Pacific Time (“PT”) on October 19, 2023 and ends at 7:59:59 PM ET on October 22, 2023 the “Sweepstakes Period”).
4. How to Enter: Entrants must have a smartphone and/or access to a smartphone with a data plan. During the Sweepstakes Period, visit the Dunkin’ booth on the TwitchCon floor and sample Dunkin’ Sparkd’ Energy. Once the beverage has been sampled, scan the QR code at the booth to take the Survey (the “Promotion Site”), and follow the prompts to provide and submit all required registration information to rate and review your Dunkin’ Sparkd’ Energy experience (hereinafter an “Entry”). Entries will not be judged and results of the survey (or whether there is positive or negative feedback) will not affect winner selection. There is a limit of one (1) Entry per person/email address, per day. All Entries must be in compliance with these Official Rules. Proof of submission of Entry does not constitute proof of delivery or Entry during the Sweepstakes Period. All Entries become the property of Sponsor and will not be returned. Multiple entrants are not permitted to enter using the same email address. Any text included with the Entry must be in English. All Entries must be the sole, original work of the entrants. Entries that contain content that, in Sponsor’s sole discretion, is not suitable or appropriate or is deemed lewd may be disqualified. Entry material 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 will also be disqualified. Without limiting the foregoing, entrants are permitted to mention any Sponsor brands/products in their Entry. Entrants and winner acknowledge and agree that the Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries (or excerpts of Entries) in any way it sees fit. Incomplete Entries, Entries by script, macro or other automated means, or Entries that do not fully comply with these Official Rules or which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. All Entries must be received during the Sweepstakes Period to be eligible. The computer clock of the Administrator is the official timekeeping device. Normal internet access and data charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details.
Entries received from any person, regardless of email address used, in excess of the above stated limitation, will be void.
5. Prize Drawing/Prize: On or about three (3) business days after the Sweepstakes Period has ended, Administrator shall perform a random drawing (the “Prize Drawing”) from among all eligible Entries received throughout the entire Sweepstakes Period, in order to select one (1) Prize winner (“Prize winner”). Once confirmed as an official Prize winner, as detailed below, the Prize winner will receive one (1) custom PC system. The Approximate Retail Value (ARV) of the prize is four thousand five hundred dollars ($4,500). All federal, state, and other tax liabilities arising from accepting a Prize in this Sweepstakes are the sole responsibility of the Grand Prize winner who will receive a 1099 for the entire value of the prize for tax year 2023.
6. Prize Winner Notification/Verification: The potential Prize winner must comply with these Official Rules as published in order to be confirmed as the official Prize winner and accept the prize. On or about two (2) business days after the Prize Drawing, Sponsor or Administrator will notify the potential Prize winner via email to the email address provided at time of Entry. Upon notification or notification attempt, the potential Prize winner will be required to respond to such notification as provided, accepting the prize and providing their physical mailing address, for prize delivery purposes, within two (2) calendar days of such notification or notification attempt, or the prize will be forfeited, and an alternate potential Prize winner will be selected and notified. Sponsor will attempt to contact the potential Prize winner two (2) times during the two (2) calendar day period. Potential Prize winner will be required to execute and return a Declaration of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of notification. If in any instance, notification attempt(s) for a potential Prize winner fail for any reason, or if a 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 from among remaining eligible Entries received. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, email, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of 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 compensation, notification or permission unless prohibited by law. Further, Prize winner hereby indemnifies the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules.
7. Prize Conditions: Prize will be awarded “as is” with no warranty or guarantee, either express or implied. In no event will Sponsor be responsible for awarding more than the number of prizes stated herein. No transfer, substitution or cash equivalent for a prize will be permitted, except at Sponsor’s sole discretion due to prize unavailability for any reason, and only then for a prize of comparable or greater value determined by Sponsor shall be allowed. All details not specified herein are at the sole discretion of Sponsor.
8. Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. The Released Parties assume no responsibility for late, lost, stolen, misdirected, undelivered, jumbled, unintelligible, incorrect, incomplete, or inaccurate Entries, emails, or other communications of any kind, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Released Parties 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 email, technical problems or traffic congestion on the Internet, 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. Released Parties are not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the 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 Released Parties 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 via the Prize Drawing from among all eligible Entries received up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. 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 Entry; (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 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 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 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 and the Prize Winner has been verified, send a self-addressed stamped envelope, to be received by 11/22/23, to: SFG, c/o The Dunkin’ Sparkd’ Energy TwitchCon Survey Sweepstakes PO Box 7775 Cumberland RI 02684.
11. Sponsor: Dunkin’ Brands, 130 Royall Street, Canton MA 02021.
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. 50 U.S. & D.C., 18 or older who attend TwitchCon. Void where prohibited. Sweepstakes begins 9:00:00 AM PT10/19/23, ends 7:59:59 PM PT 10/22/23. For complete details, see Official Rules at ddsweeps.com/Sparkd. Sponsor: Inspire Brands, Inc. d/b/a Dunkin’ Brands.