1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM.
3. Contest Period: The Contest begins at 9:00:00 am Eastern Time (“ET”) on March 23, 2018 and ends at 11:59:59 pm ET on March 30, 2018 (the “Contest Period”).
4. Judging: The Judging will take place on or about April 2, 2018.
5. How to Enter: To enter, during the Contest Period, via an Instagram account, a web-enabled mobile device (e.g., iPhone/iPad/iPod Touch, Android, etc.) (each, an “Eligible Device”), and Internet access is required for entry. If you don’t already have an Instagram account, visit www.instagram.com to create one. Please note that you must agree to comply with the Instagram Terms of Service (http://instagram.com/legal/terms/) in order to create your Instagram account. It is free to create an account. To enter, during the Contest Period, you must post a comment in response to the Dunkin’ Donuts Instagram post about the Promposal Contest which will include the hashtag #DDPromContest & tell us why you want to give an epic Dunkin’ Promposal. For example, does your future date love Dunkin’? Are Dunkin’ runs part of your friendship? Do you have a crazy awesome idea with this box? Share with us using #DDPromContest.
6. Entry Guidelines: All hashtags/content submitted shall herein be referred to as the entry (the “Entry”). There is a limit of one (1) Entry per person, throughout the Contest Period. Multiple participants are not permitted to share the same email address or Instagram 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 post does not constitute proof of delivery or Entry during the Contest 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 Contest Period to be eligible. The computer clock of the Administrator is the official timekeeping device. 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. 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 post constitutes your consent to these Official Rules. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor, and not to Instagram.
7. Submission Guidelines: Each Entry that is submitted to this Contest 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 the Grand Prize. By participating in this Contest, each entrant grants Sponsor permission to use his/her name, likeness, and Entry for future advertising and publicity purposes in connection with this Contest in any and all media without additional compensation, notification or permission, unless restricted by law.
8. The Entry MUST, in the sole discretion of Sponsor:
· Contain English language only;
The Entry must NOT, in the sole discretion of Sponsor:
· Contain 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;
· Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Contest;
· Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which participant has a limited license to use for this Contest;
· Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
· Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
· Contain material 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 material that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
· Contain material in which the Released Parties do not wish to associate themselves with, in their sole discretion.
9. Judging: After the Contest Period has ended, all eligible Entries will be judged, by Contest representatives, who will be appointed by Sponsor, in Sponsor’s sole discretion (the “Judges”). During the Judging, Judges will utilize the following criteria, in order to determine four (4) first prize winners and one (1) Grand Prize winner (“the winner”), as further detailed below:
A) Originality/Creativity (25%)
B) Adherence to Contest Theme (25%)
C) Overall Appeal (50%)
The Judges will assign each Entry a total score (“Score”). The top one (1) entry with the highest Score will be determined the potential Grand Prize Winner. The next four (4) entries with the highest scores will be determined the potential First Prize Winners. In the event of a tie, tied Entries will be re-judged based solely on: Overall Appeal (100%). Decisions of Judges are final with respect to all matters relating to the Contest. By participating, Entrants agree to the decisions of the Judges, which shall be final and binding in all respects. No information regarding Entries or judging will be disclosed to any third party not involved in the conduct of the Contest.
10. Prize Winner Notification: On or about one (1) business day after the Judging is completed, Sponsor or Administrator will notify the potential prize winners via Instagram Private Message and will be asked to provide additional information back to the Sponsor/Administrator, including email address. Potential prize winners must respond within two (2) calendar days of such attempted notification, 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 winners two (2) times during a two (2) calendar day period. Potential Grand Prize winner will be required to complete and return via email, an Affidavit of Eligibility, Release of Liability and, if legally permissible, a Publicity Release and assignment of rights within 2 business days of Administrator’s attempted delivery of same. Noncompliance within this time period or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner may be selected, from among remaining eligible Entries, if any. The potential Grand Prize winner you (or your parent/legal guardian if you are a minor) will be then be contacted via email and must complete and return, via email/email link/mail, an Affidavit of Eligibility, Liability/Publicity Release (where legal) and an Assignment of Rights, and a W9 form for tax purposes (collectively, “Affidavit”). The potential Grand Prize winner (or your parent/legal guardian if you are a minor) must return the Affidavit within three (3) days of notification or the potential Grand Prize winner will be disqualified and the Entrant with the next highest score will be determined the potential Grand Prize winner and will be contacted per above. Potential Grand Prize winner may be required to provide his/her Instagram ID or Potential Grand Prize winner may be disqualified.
11. Grand Prize/Approximate Retail Value (“ARV”): There will be four (4) First Prize Winners and one (1) Grand Prize available to be awarded in this Contest. Once confirmed as the official First Prize winner, as detailed below, each First Prize winner you (or your parent/legal guardian if you are a minor) will receive one (1) DD Promposal Box, The ARV of the First Prize is ten dollars ($10). The Grand Prize winner you (or your parent/legal guardian if you are a minor), as detailed below, will receive: (1) Grand Prize Promposal package that consists of the following: (a) a photo shoot (including digital files of the photos taken) for Grand Prize winner, their date and four friends the night of the Grand Prize winner’s Prom at a Dunkin’ Donuts (within twenty-five (25) miles of Grand Prize Winners House); (b) transportation from the Dunkin’ Donuts photo shoot to the prom and transportation home within thirty (30) minutes of the end of the prom; and (c) a $500 Dunkin’ Donuts Gift Card. The total ARV of the Grand Prize package is one thousand dollars ($1,000). The decisions of Administrator and Sponsor are final and binding on all matters relating to this Contest. Sponsor will have final approval of location. 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.
12. Prize Winner Verification: The potential Grand Prize winner must comply with these Official Rules as published in order to be confirmed as an official winner and accept their prize. Grand Prize winner you (or your parent/legal guardian if you are a minor) will be responsible for all taxes on their Grand Prize and will receive a 1099 form at the end of the tax year in which they accept such.
13. 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 posts/Entries, whether caused by any of the equipment or programming associated with or utilized in this Contest 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 Instagram), including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation in this Contest. Sponsor is not responsible for any typographical or other error(s) in administration of the Contest, or in the announcement of the prize winner. Sponsor reserves the right to disqualify any person tampering with the judging process and to disqualify and void any entries that were submitted by fraudulent means or were otherwise in violation of the judging rules and instructions, as determined by Sponsor in its sole discretion. Sponsor reserves the right to cancel or modify the Contest for any reason, including (but not limited to) if, for any reason, the Contest is not capable of running as planned, including 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 the Contest. If such cancelation occurs, Sponsor reserves the right to determine the Grand Prize winner from among all eligible Entries submitted prior to cancellation, based on the same criteria listed above. Grand Prize winner will be determined solely based on Judges’ scores. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated tweets, comments, posts, statuses, and votes 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; (ii) to have tampered with the participation process or the operation of this Contest; (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 Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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. Entrants/voters agree that the Released Parties, and Instagram, (a) shall not be responsible or liable for, and hereby release the Released Parties, and Instagram 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 Contest or any Contest-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 the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties, and Instagram 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 CONTEST. 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. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute
14. .Governing Law/Venue: THE CONTEST 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. 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”). THE DUNKIN’ DONUTS DUNKIN’ PROMPOSAL CONTEST 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 CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
15. Request for the Name of Winner and/or Official Rules: For the name of the winner, available after the Contest Period has ended, send a self-addressed stamped envelope, to be received by 4/30/18, to: Dunkin’ Donuts Dunkin’ Promposal Contest, c/o SFG, 26 Patriot Place, Foxboro, MA, 02035.
16. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.