Dunkin’ Donuts Papi’s Day Lunch Sweepstakes
Official Rules 2014
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF MASSACHUSETTS AND NEW HAMPSHIRE AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY TWITTER.
- Eligibility/Participation: The Dunkin’ Donuts Papi’s Day Lunch Sweepstakes (the “Sweepstakes”) is open only to legal residents of Massachusetts and New Hampshire, who are eighteen (18) years of age or older, as of the date of their participation and entry. Franchisees and employees, directors and officers of Dunkin’ Brands Inc. (“Sponsor”), NESN (“Administrator”), the MLB Entities (defined below) and any of their respective affiliates, franchisees, parents, subsidiary companies, and advertising and promotion agencies (collectively, the “Released Parties”),and members of the immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household, of any of the foregoing are not eligible. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committee, Subcommittees and Properties, Inc., MLB Advanced Media, L.O., each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. Void where prohibited, or otherwise restricted by law. Sweepstakes is subject to all applicable federal, state and local laws. By participating in the Sweepstakes, you agree that: (1) you have read and understand the Official Rules; (2) you meet the Sweepstakes eligibility requirements as explained in the Official Rules; (3) you accept and agree to be bound by these Official Rules, to Sponsor’s Conditions of Use, Legal Notices and Privacy Policy as published at http://www.dunkindonuts.com/content/dunkindonuts/en/help/privacypolicy.html; (4) you unconditionally accept and agree to comply with and abide by the decisions of Sponsor and Administrator, whose decisions shall be final and binding in all respects; and (5) you agree to release and hold harmless each of the Released Parties and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
3. Sweepstakes Period:The Sweepstakes begins at 10:00:00 am Eastern Time (“ET”) on 06/6/14 and ends at 11:59:59 pm ET on 06/9/14 (the “Sweepstakes Period”).
- How To Enter: You must have a non-private Twitter account to participate in and enter this Sweepstakes. If you do not have a non-private account, there is no cost to create one at www.twitter.com. Please note that you must agree to comply with the Twitter Terms of Service (https://twitter.com/tos) and Privacy Policy (https://twitter.com/privacy) in order to create your Twitter account. Once you have such an account, you must become a follower of @NESNNation. It is free to follow @NESNNation on Twitter. If you have a Twitter account and are not already a follower of the @NESNNation account, then you may log onto Twitter using your Twitter user name and password, and then may become a follower of @NESNNation by going to http://www.twitter.com/NESNNation and clicking the “Follow” button. You must follow @NESNNation throughout the Sweepstakes Period and for at least thirty (30) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. You may unfollow @NESNNation after the thirty (30) day notification period.
During the Sweepstakes Period, @NESNNation will tweet the question, “Tell us why your dad should hang w/@davidortiz for a chance to attend a lunch at Fenway Park!” along with the hashtags #PapiDDay and #sweepsEntry as well as a link to the official rules. In order to earn one (1) entry into the Sweepstakes’ random drawing (“Prize Drawing”), you must, during the Sweepstakes Period, tweet @NESNNation with your answer to the proposed question and include the hashtags #PapiDDay and #SweepsEntry in such tweet (hereinafter and “Entry”). There is a limit of one (1) Entry per person, throughout the Sweepstakes Period. Answers will in no way be judged or otherwise used to determine the winners. Sponsors need not inform you if you have earned an Entry or not. Multiple entrants 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 Entry does not constitute proof of delivery or Entryduring 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. Due to the way Twitter operates its service, Sponsor may not receive Entries from Twitter users with “protected” accounts. 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 tweets constitutes your consent to these official rules.
- Submission Guidelines: Each tweet that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any tweet 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 tweet MUST, in the sole discretion of Sponsor:
- Be written in English;
The tweet 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 by 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 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 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. Prize Drawing/Prizes/Approximate Retail Value (“ARV”): On or about one (1) day after the Sweepstakes Period has ended, Administrator, an independent judging agency, shall perform a Random Prize Drawing, from among all eligible Entries received throughout the Sweepstakes Period, in order to select five (5) potential (“Prize”) winners. Once confirmed, as detailed below, the Prize winners will each receive two (2) tickets for winner and his/her dad to attend a lunch with David Ortiz on Friday, June 13th, 2014, at Fenway Park, AT A TIME TO BE DETERMINED BY SPONSOR AT ITS SOLE DISCRETION. The ARV of each Prize: fifty dollars ($50). The total ARV of all the Prizes is two hundred fifty dollars ($250). TRANSPORTATION TO/FROM LUNCH AND LODGING NOT INCLUDED. Exact duration and nature of the lunch is at the sole and absolute discretion of Sponsor and subject to availability. In the event David Ortiz is unavailable for any reason, Sponsor reserves the right to substitute an alternate member of the Boston Red Sox personnel as determined solely by Sponsor to participate in David Ortiz’s absence. In the event there are not enough eligible Entries to award all applicable Prizes, Sponsor retains the right only to award as many prizes as there are eligible Entries to award all applicable Entries. 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 during the Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the stated Prize 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 the 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. If for any reason, any portion of the Prize cannot be awarded due to circumstances beyond Sponsor’s control or Prize portion unavailability, such portion of the Prize shall be forfeited, all remaining portions will be awarded, and no further compensation shall be owed to Prize winner. The Prize Winner’s guest must be eighteen (18) years of age or older, unless Sponsor agrees otherwise, or, unless Prize Winner is such guest’s parent or legal guardian, in which case the Prize winner must sign a waiver for the underage guest. The date of the event is at the Sponsor’s discretion. If Prize winner cannot attend on such date, such Prize (or portion thereof) may be forfeited, at Sponsor’s discretion, and an alternate potential Prize winner would be selected, time permitting. Transportation to/from the event is not included. All other expenses relating to accepting the prize (i.e. food, drink, travel, souvenirs) are Prize winners’ sole responsibility.
- Prize Winner Notification/Verification: Thepotential Prize winner must comply with these Official Rules as published in order to be confirmed as an official winner and accept a Prize. Sponsor and/or Administrator will not accept any screen shots or other proof of time of tweet in lieu of their verification process, and all decisions of Sponsor/Administrator are final and binding. On or about one (1) business day after the Sweepstakes Period has ended, Sponsor or Administrator will notify the potential Prize winner via a direct message from @NESNNation to the potential Prize winner’s Twitter Account used to enter the Sweepstakes (note: in order to receive such direct message, you must (a) be following @NESNNation and (b) may have to have your account settings set to “unprotected” or “public”, you can change your account setting back thirty (30) days after the Sweepstakes has ended). Upon notification or notification attempt,thepotential Prize winner will be required to respond to such direct message to the email address provided, accepting the Prize and providing their 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 and notified (time allowing) by random drawing from among all remaining eligible Entries. 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, such Prize will be forfeited and an alternate potential Prize winner will be selected and notified (time allowing) by random drawing from among remaining eligible Entries. Acceptance of a Prize constitutes permission for the Sponsor and its designees to use the name, Twitter account information, actual or simulated likenesses, biographical information, city, state, opinions, and Prize information of Prize winner(s) for advertising and promotional purpose(s), in perpetuity, throughout the universe, in all media, without additional compensation, notification or permission unless prohibited by law. Further, winners shall indemnify the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules. In the event of a dispute as to any Prize winner, the authorized account holder of the email address used to register at www.Twitter.com will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
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 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 Prize 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. Release parties shall not be responsible for any cancellations, delays, diversions or substitution, or any act of omissions whatsoever by the Boston Red Sox, Fenway Park, or any other persons providing any services regarding Prize or promotion. If any portion of a Prize is unable to take place as planned, or be awarded, for any reason, including but not limited to, cancellation, scheduling conflicts, or an event of force majeure, that portion of the Prize will be forfeited, the remaining components of the Prize will be awarded (if any) and Sponsor’s obligation to the winner(s) will be fulfilled, and no other additional compensation will be provided. Each winner is responsible for transportation to and from the event, any parking fees that are incurred and fees for food and merchandise. Sponsor shall owe no further obligation to a Prize winner if the event is cancelled for any reason. 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, THE MLB ENTITIES OR ANY OTHER RELEASED PARTY 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 MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN BOSTON, MASSACHUSETTS. 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 MASSACHUSETTS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF MASSACHUSETTS. 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 Winners and/or Official Rules: For a list of the names of the winners, available after the Sweepstakes Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by 7/30/14, to: Dunkin’ Donuts Papi’s Day Lunch Sweepstakes c/o NESN, 480 Arsenal Street, Watertown, MA 02472. Please note on the left-hand corner of your envelope if you are requesting the Names of Winners or Official Rules. Vermont residents may omit return postage if requesting a set of Official Rules.
11. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.
