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 SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY TWITTER.
3. Sweepstakes Period: The Sweepstakes begins at 12:00:00 pm Eastern Time (“ET”) on 8/21/17 and ends at 5:00:00 pm ET on 8/21/17 (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 tweet 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. 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” updates. 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 tweet constitutes your consent to these official rules.
5. Prize Drawing/Prizes/Approximate Retail Value (“ARV”): During the Sweepstakes Period, Administrator, an independent judging agency, shall perform a Random Prize Drawing, from among all @DunkinDonuts Twitter followers, in order to select one hundred (100) potential Prize (“Prize”) winners. Once confirmed, as detailed below, the Prize winners will each receive one (1) five dollar ($5) Dunkin’ Donuts mGift, (A DD mGift is a virtual Dunkin’ Card that is sent to either your email address or mobile phone. To claim the mGift via a mobile device, simply present the QR code that the link takes you to in order to redeem the mGift. To claim the virtual Dunkin’ Card via email, just print the redemption form with QR code and take the physical piece of paper to a participating Dunkin’ Donuts location to redeem (mGift Terms and Conditions and rules and restrictions apply); The total ARV of all Prizes available to be awarded throughout the Promotion Period is five hundred dollars ($500). 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. 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. There is a limit of one (1) Prize per person, 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.
6. Prize Winner Notification/Verification: All potential prize winners 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 in lieu of their verification process, and all decisions of Sponsor/Administrator are final and binding. On or about one (1) day after the Prize Drawing, Sponsor or Administrator will notify the applicable potential prize winners via a direct message from @DunkinDonuts to the potential prize winners’ Twitter Account used to enter the Sweepstakes (note: in order to receive such direct message, you must (a) be following @DunkinDonuts and (b) may have to have your account settings set to “unprotected” or “public”). Upon notification or notification attempt, the potential prize winners 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 three (3) 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, at Sponsor’s discretion. Sponsor will attempt to contact the potential prize winner(s) two (2) times during the three (3) calendar day period. 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 from among remaining eligible Entries, at Sponsor’s discretion. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, Twitter account information, actual or simulated likenesses, tweets, biographical information, city, state, opinions, and prize information of prize winner(s) and their someone special(s), in connection with the Sweepstakes and the exploitation thereof (including, without limitation, for advertising and promotional purposes), in any manner, in perpetuity, throughout the universe, in any and 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 he/she 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. Once a potential winner has returned the proper information/documentation and/or his/her eligibility has been confirmed, Sponsor reserves the right to perform a background check, phone interview, and/or social media review on him/her. Such potential winner agrees to provide any verification or authorizations necessary in connection with background check. Sponsor will have the right, in its sole discretion, to disqualify any potential/confirmed winner if the background check, phone interview, and/or social media review on such person reveals conduct, information or history that, in Sponsor’s determination, may be harmful to Sponsor or Sponsor’s image or reputation or with which Sponsor does not wish to be associated.
7. 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.
8. 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
9. 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 9/21/17, to: Dunkin’ Donuts Great American Eclipse Sweepstakes c/o RF Binder, 160 Gould Street, Suite 115, Needham, MA 02494. 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.
10. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.