Dunkin’ True New England Sweepstakes
Official Rules 2021
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 11/16/21 and ends at 11:59:59 pm ET on 11/20/21 (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 with a photo of you looking your most “true new Englander” and include the hashtag #NERunsonDunkinSweepstakes (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. Entrants should consult their wireless service provider regarding its pricing plans prior to participating on Facebook via wireless phone (if applicable). 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. Photo Submission Guidelines: Each photo that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any photo 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 photo must NOT, in the sole discretion of Sponsor:
- Contain content 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 by or those who have given permission to Sponsor which participant 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 content that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
- Contain content 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 content that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
- Contain content 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 two (2) business days 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 (“Prize Drawing”), in order to select one (1) potential prize winner (“Prize Winner”). Once confirmed, as detailed below the Prize winner will receive two (2) tickets for winner and one (1) guest to the December 26th, 2021 New England Patriots home game at Gillette Stadium:1 Patriot Pl, Foxborough, MA 02035. The ARV of the Prize is three hundred ($300). TRANSPORTATION, PARKING, LODGING, AND FOOD/BEVERAGE NOT INCLUDED. 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 be responsible for awarding more than the stated number of 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 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.
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 one (1) business day after the random drawing, Sponsor or Administrator will notify the potential Prize winner via private messenger on Facebook. Upon notification or notification attempt, the potential Prize winner will be required to respond to such notification as provided, accepting the prize and providing 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 will be selected/determined as outlined above. 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/determined as outlined above. Acceptance of a 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 hereby indemnifies the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules.
8. Prize Conditions: The Prize tickets must be used on date specified. If potential Prize winners cannot attend the football game on the date specified, they will forfeit the Prize, in Sponsor’s discretion. In the event of forfeiture, an alternate potential Prize winner(s) will be selected from among all remaining eligible Entries in that Entry Period, time permitting. In no event will Sponsor be responsible for awarding more than the stated number of prizes detailed 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 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 Gillette Stadium, 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. Tickets are subject to terms and conditions specified thereon. Prize winner and guest must comply with all venue rules and regulations. Sponsor, and/or any other relevant party, reserves the right to remove or to deny entry to prize winner and/or guest if they act in a disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person, without further compensation to winner. Winners’ companions must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless winner is minor’s parent or legal guardian. Released Parties will not be responsible for weather conditions, acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the event. Tickets may not be resold or offered for resale. Any such resale may result in disqualification and prize forfeiture and may invalidate the license granted by the ticket(s).
9. 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 tweets, 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 Twitter), 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 winners. 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 Prizes will be awarded via random drawing from among all eligible Entries received up until and or after (if applicable) the time of modification, cancellation or 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 tweets 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 tweet; (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 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 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.
10. 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.
11. Request for the Name of Winner and/or Official Rules: For the names of the prize winners, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, which must be received by 11/29/21, to: Dunkin’ True New England Sweepstakes, c/o The Sunflower Group 575 West Street Mansfield, MA 02048.
12. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.