The
Dunkin’ Raise a Cup to Nurses Sweepstakes
Official
Rules 2023
NO
PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1.
Eligibility/Participation:
“NOMINATORS” MUST BE LEGAL U.S. RESIDENTS, RESIDING IN
ONE OF THE FOLLOWING 13 STATES/CITIES, WHO ARE 18 YEARS OF AGE OR
OLDER:
-
TEXAS
-
OKLAHOMA
CITY
-
KANSAS
-
MISSOURI
-
NEBRASKA
-
COLORADO
-
ARIZONA
-
NEW
MEXICO
-
CALIFORNIA
-
NEVADA
-
HAWAII
EACH
OF THE ABOVE 11 STATES/CITIES WILL BE KNOWN AS A “MARKET”.
“NOMINEES” MUST BE ACCREDITED NURSES IN THE STATE IN
WHICH THEY RESIDE, WHO ARE LEGAL U.S. RESIDENTS, RESIDING IN THE
ELIGIBILITY AREA, WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY.
2. Franchisees and employees, directors and officers of Dunkin’
Brands Inc. (“Sponsor”), The Sunflower Group
(“Administrator”), and any of their respective
affiliates, franchisees, parents, subsidiary companies, and
advertising and promotion agencies (collectively with Sponsor, 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. Void outside of the Eligibility Area and where prohibited,
or otherwise restricted by law. The Dunkin’ Raise a Cup to
Nurses Sweepstakes (“Sweepstakes”) is subject to all
applicable federal, state and local laws. By participating in the
Sweepstakes, you, whether a Nominator or Nominee (individually and
together, “participants”) 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;
and (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.
2. Sweepstakes
Period:
The
Sweepstakes begins at 12:00:00 am Eastern Time (“ET”)
on May 6, 2023 and ends at 11:59:59 pm ET on May 16, 2023 (the
“Sweepstakes Period”).
3. How
to Enter:
During
the Sweepstakes Period, visit www.dunkinpromotion.com/nurses
(“Website”) and follow the instructions to complete the
registration form including providing the name of the eligible nurse
you are nominating who deserves appreciation and their
Hospital/Medical Facility information (collectively “Entry”)
to be included into the corresponding Market’s random drawing
only. For purposes of clarification, an eligible individual can
nominate themselves. Any Nominator may nominate up to three (3)
unique Nominees each as part of a separate Entry. Each Entry must be
unique. Released Parties are not responsible for lost, late, delayed,
misdirected, stolen, inaccurate, or incomplete Entries, email,
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.
Incomplete Entries are not eligible. All Entries become the property
of the Sponsor and will not be returned. In the event of a dispute as
to any Entry, the authorized account holder of the email address
indicated on the Entry
will be deemed to be the Nominator and must comply with these
Official Rules. “Authorized email account holder” is
defined as the natural person who is assigned to an email address by
an Internet access provider, online service provider or other
organization (e.g., business, educational institution, etc.) that is
responsible for assigning email addresses for the domain associated
with the submitted email address. Nominators of potential winners may
be required to show proof of being the authorized account holders
associated with the winning Entries. The Entry must: (1) be complete
to be eligible; and (2) be the property of the Nominator. Any Entry
not in compliance with the above rules and which does not meet the
requirements of these Official Rules will be disqualified.
4.
Prize
Drawing/Prizes/First
Prizes/Approximate Retail Value (“ARV”):
On or
about one (1) business day after the entire Sweepstakes Period has
ended, Administrator, an independent judging agency, shall perform a
random drawing (the “Prize Drawing”), from among all
eligible Entries received throughout the Sweepstakes Period, in order
to select one (1) potential Grand Prize winning Nominee per Market
[totaling 13 Potential Grand Prize winners] (each, a “Grand
Prize winner”) and five (5) potential First Prize Winning
Nominees per Market [totaling 65 Potential First Prize winners]
(each, a “First Prize winner”). Once confirmed, as
detailed below, each Grand Prize winner will receive a Grand Prize of
Free Dunkin’ Coffee for a year fulfilled in Dunkin’ gift
cards ($598), and one (1) coffee break for the co-professionals who
they work with (ARV: $300). The total ARV of the Nominee Grand Prize
is eight hundred and ninety-eight dollars ($898). Once confirmed, as
detailed below, each First Prize winner will receive one (1)
one-hundred-dollar ($100) Dunkin’ Gift Card and fifty (50) five
dollar ($5) hot cards (ARV: $250). The total ARV of all prizes is
twenty three thousand six hundred and twenty eigh dollars ($23,628).
Prizes will be awarded to the Nominee only; Nominator will not win a
prize unless he/she is the Nominee also.
In
no event will Sponsor be responsible for awarding more than the
stated number of Prizes herein. Gift card may be subject to
additional terms/restrictions. Coffee break will be coordinated with
Grand Prize winner and Sponsor on a mutually agreed upon date for
winner’s hospital. 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 comparable or equal value determined by
Sponsor shall be allowed.
Released Parties will not replace any lost or stolen gift cards once
in winner’s possession. Odds
of winning a prize are dependent upon the total number of eligible
Entries received per Market throughout the Sweepstakes Period.
Nonwinning Entries from one Market will not be included as part of
any other Market. Prizes are awarded “as is” with no
warranty or guarantee, either express or implied. All taxes, if any,
are each winner’s responsibility and any prize value more than
$599 will require the winners to receive a 1099 for tax purposes. All
prize details are at Sponsor’s sole discretion. Limit one (1)
prize per person.
5. Prize
Winner Notification/Verification: The
potential
winners must comply with these Official Rules in order to accept
their prize and be confirmed as an official winner.
On or about one (1) day after the Prize Drawing, Administrator will
notify the potential corresponding
Nominator via the phone number used to enter the Sweepstakes. Upon
notification or notification attempt,
potential
corresponding Nominator will be required to respond as indicated, by
providing any additional Nominee contact information, within two (2)
calendar days of such notification or notification attempt, or the
prize may be forfeited, and an alternate potential
Nominator/ potential winner may be selected and notified for the
Market at issue. Nominator and their potential Nominee winner will be
required to complete and return via email, a Declaration
of Eligibility and liability and publicity release, except where
prohibited (“Declaration”)
within 48 hours of Sponsor’s attempted delivery. Nominator and
their potential Nominee winner must
both return their Declarations
within the time period specified or they will be disqualified and an
alternate winner may be selected for the Market at issue, in
Sponsor’s sole discretion. If
in any instance, notification attempt(s) for a Nominator/potential
winner fails to respond for any reason, or is found to have not
complied with these Official Rules or is not eligible, the prize will
be
forfeited and an alternate winner may be selected and notified for
the Market at issue.
6.
Publicity
Grant:
Acceptance of prize constitutes permission for the Sponsor and its
designees to use the name, actual or simulated likenesses,
biographical information, city, state, opinions, and prize
information of Nominators and their winning Nominators for
advertising and promotional purpose(s), in perpetuity, throughout the
universe, in any and all media now or hereafter devised in any
manner, without additional compensation, notification or permission,
unless prohibited by law. Further,
7. General
Terms/Limitation of Liability:
Noncompliance with any of these Official Rules may result in
disqualification. Released Parties assume no responsibility for
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 or at any website including,
without limitation, any injury or damage to participant's or any
other person's computer or other device related to or resulting from
participation in this Sweepstakes or for other errors or difficulties
of any kind, whether human, mechanical, electronic, computer,
network, typographical, printing or otherwise, relating to or in
connection with the Sweepstakes, including, without limitation,
errors or difficulties which may occur in connection with the
administration of the Sweepstakes, the processing of Entries, or in
the selection/announcement of the winners, the announcement of the
prizes, or in any Sweepstakes-related materials. If, for any reason,
the Sweepstakes (or any portion thereof) 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 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
(or any portion thereof). Should the Sweepstakes be terminated prior
to the stated expiration date, notice will be posted where Sponsor
deems fit and the prizes for the Market(s) at issue will be awarded
via random drawings from among all non-suspect, eligible Entries
received for the Market(s)
at issue 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 its
sole discretion to disqualify any individual it suspects or finds:
(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 (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’
FEES) AND OTHER REMEDIES 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. 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 A 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. Winners
List:
For the names of the winners (available after May 16, 2023), send a
self-addressed stamped envelope to: Dunkin’ Raise
A Cup to Nurses Sweepstakes
Winners, c/o The Sunflower Group, 575 West Street, Mansfield, MA
02038, for receipt no later than May 23, 2023.
10. Sponsor:
Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.