THE DUNKIN’ DONUTS COLD BREW JAMS CONTEST
OFFICIAL RULES 2018
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF THE ELIGIBLE COUNTIES (AS DEFINED BELOW), AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
1) CONTEST ENTRY PERIOD: The Contest begins at 12:00 am Eastern Time (“ET”) on April 6, 2018 and ends at 11:59 pm ET on April 30, 2018 (the “Contest Period”).
3) HOW TO ENTER: During the Contest Period, you (the “Entrant”) may access the Contest by visiting www.DDNewYork.com (“Website”) from a desktop/laptop computer or mobile device. You must first download the Sponsor-specified Dunkin’ Donuts Cold Brew lyrics from the Website and complete the registration form on behalf of yourself or your band. After registering, click on the upload video link where indicated, and include a video of no more than three (3) minutes in length featuring up to ten (10) people, including Entrant performing a Song using the Sponsor-specified lyrics and an original composition and melody (“Song”). All components (including, without limitation, the composition and master recording) included with entry shall collectively be referred to as “Entry”. All participants in the Entry (“Participants”) must meet eligibility requirements and must have given express permission to be included in the Entry and participate in the Contest. If a person other than Entrant videotaped the Entry, he/she must have provided all rights to the Entrant and he/she may need to sign a release, upon request. There is a limit of one (1) Entry per person/email address throughout the Contest Period. An individual may only appear in one (1) Entry. By entering, you understand that your Entry, in its entirety may be posted online if your Entry is deemed eligible and appropriate, in Sponsor’s sole discretion. Normal Internet/phone access and data/usage charges imposed by Entrants’ online/phone service will apply and are Entrants’ sole responsibility. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Sponsor is not responsible for lost, late, misdirected, corrupted or incomplete Entries. Proof of submission is not proof of receipt by Sponsor. Entries must be received by 11:59 pm ET on April 30, 2018 in order to be entered into the Contest. If there is a dispute as to the identity of an Entrant, it will be determined that the Entry will be declared to be made by the authorized account holder of the e-mail address associated with the Entry and he/she must comply with these Official Rules. "Authorized account holder" is defined as the Service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Website’s database clock will be the official timekeeping device for the Contest. If entering via mobile, use caution while entering and data/usage rates may apply.
4) SUBMISSION GUIDELINES: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify and remove the Entry or, if Sponsor so determines, edit the content of the Entry. Video submissions must be in one of the following formats: .mpeg, .mpg4, .avi, .mov, .flv or .wmv format and no larger than 100MB. All Entries must comply with these Official Rules and the registration instructions in order to be eligible. Video/Song must be original to you and owned by you (other than the Sponsor-specified lyrics). The Entry may not contain any introduction, dialogue, or lyrics (other than Sponsor-specified lyrics), or Entry will be disqualified. Entry may, however, contain repeated lyrics, non-lexical vocals (e.g., yeah, oh, la la la, uh-huh, etc.) and original embellishments (e.g., “beatbox” sounds, vocal percussion, etc.), in Sponsor’s sole discretion. Entry must not have been submitted previously in a contest of any kind. Any Entry deemed inappropriate or unsuitable, in Sponsor's sole discretion, will be disqualified. Entry must not contain material that is inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Any Entry or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, or otherwise violates or infringes (or may infringe) any copyright (including music), trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable, will not be considered and may disqualify the Entry at Sponsor’s sole discretion. Any items or clothing or accessories shown in the Entry should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials. Video may not be owned by a professional videographer. Entry must not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information. Entrants and all submitted Entries must be in keeping with Sponsor's image/brand image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with Sponsor.
5) SONG REPRESENTATIONS AND WARRANTIES: Entrant and Participant(s) hereby represent and warrant that: (a) subject to any assignments and grant of rights herein, Entrant/Participant owns and/or controls 100% of the copyright in the composition (other than the lyrics provided by Sponsor) of the Song and 100% of the copyright in the master recording submitted of the Song, and the sole and unencumbered right to grant the rights granted to Sponsor under this Contest (including, without limitation, the right to use any vocal and any other performances embodied in the Entry); (b) the Song is completely original (other than the Sponsor-specified lyrics) and has never been exploited, published, or recorded in any form and will not violate, conflict with, or infringe upon any rights of any nature whatsoever of any entity or individual, or cause Sponsor to incur any fees; (c) no application has been made to register the Song for copyright as either a published or unpublished work; (d) no assignment has been or will be made of any of the rights to the Song; (e) he/she/they are not members of any union having jurisdiction (if any) over the creation, recording or use of the Song; and (f) he/she/they agree to execute any and all documents necessary to grant the rights to the Song set forth in these Official Rules.
6) CONTEST JUDGING: All eligible Entries will be judged by Sponsor-selected judges on or about May 1, 2018 based on the following judging criteria: Overall Appeal/Sound/Quality of Performance and Melody (50%); Originality/Creativity (25%); and relativity to the Dunkin Donuts Brand (25%); to determine ten (10) semi-finalists (“Semi-Finalists”). The ten (10) Semi-Finalist Entries will be posted for voting (as described below in Rule #8). In the event of a tie in this round of Judging, tied Entries will be re-judged based solely on: Overall Appeal/Sound/Quality of Performance and Melody (100%). Decisions of Sponsor-selected judges are final with respect to all matters relating to the Contest. By participating, Entrants/Participants (as applicable) 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. Sponsor reserves the right to determine fewer than ten (10) Semi-Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
7) SEMI-FINALIST NOTIFICATION: Each potential Semi-Finalist will be contacted via email and they must each complete, an Affidavit of Eligibility and Liability/Publicity Release (where legal) and an Assignment of Rights (“Release”) and provide each of the Participant(s) (as applicable) featured in his/her Entry with a Release. The Semi-Finalists/Participant(s) (as applicable) must return the Release within three (3) days of notification or the potential Semi-Finalist will be disqualified and the Entrant with the next highest score will be determined a potential Semi-Finalist and will be contacted per above, time permitting. If requested, all Semi-Finalists/Participant(s) (as applicable) agree to sign waiver forms authorizing the release of personal and background information, including a background check. Sponsor, or its representatives, reserve the right to disqualify any Semi-Finalist/Participant(s) (as applicable) if they have been charged or convicted of a crime, or in the sole and absolute discretion of Sponsor, or its representatives, have engaged in past conduct that may reflect unfavorably on the Contest or Contest Entities, as solely determined by Sponsor.
8) ONLINE VOTING: The ten (10) Semi-Finalist Entries will be posted on the Website on or about May 14, 2018 through May 25, 2018. Eligible consumers who visit the Website and wish to vote, must complete the onscreen registration form. After registering, consumers may vote by clicking where indicated to vote for their favorite Semi-Finalist Entry. Voters are encouraged to base their vote on the judging criteria listed above. To be eligible to vote, consumers must be legal residents of the 50 United States or the District of Columbia, who are 18 years of age or older as of date of vote (“Voters”). There is a limit of one (1) vote per person/email address per day. The three (3) Semi-Finalist Entries with the most valid votes will be deemed the Finalists and will advance to the Finals, as described below in Rule #9. No information regarding Entries or judging/voting will be disclosed to any third party not involved in the conduct of the Contest. Normal Internet access and usage charges imposed by Voters’ online service will apply and are Voters’ sole responsibility. If voting via mobile device, standard calling and data charges imposed by your phone service may apply. Released Parties are not responsible for lost, late, delayed, misdirected, corrupted, incomplete or damaged votes. Proof of submission of vote is not proof of receipt by Sponsor. Sponsor reserves the right to validate all votes. Please Note: Any attempt to use multiple e-mail accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated Entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial Contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and Entries or votes by any means that subvert the Entry/voting process or do not conform to the spirit of these Official Rules will void the Entry/votes and may disqualify the Semi-Finalist. Semi-Finalists/Participant(s) (as applicable) are prohibited from obtaining votes, and Voters are prohibited from soliciting votes on behalf of Semi-Finalists/Participant(s) (as applicable), by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such Semi-Finalists/Participant(s) (as applicable)/Voters disqualified.
9) FINALS: The three (3) Finalists/Participant(s) (as applicable) determined via Online Voting (as described in Rule #8) will be invited to perform their Song at the Finals during Sponsor-specified times on or about June 5, 2018 at the Dunkin’ Donuts Iced Coffee Lounge in New York, NY or as otherwise specified and determined by Sponsor (“Finals”). Finalists/Participant(s) (as applicable) must agree to perform live during the Finals. All Participants listed on Finalist’s Entry must agree to perform with Finalist in order for Finalist to be eligible to perform, unless otherwise agreed upon by Sponsor, in its sole discretion. Transportation to/from the Finals and accommodations will not be provided. No changes or substitutions may be made by the Finalists to any Participant(s). In addition, Finalist must perform the Song exactly as provided in their Entry. Finalists will be responsible for bringing all requisite instruments/equipment necessary to perform their Song as submitted in Entry. Finalists/Participant(s) (as applicable) will be provided details of the performance at the Finals, including randomly selected order for performance and any other restrictions/regulations to which they must adhere. Sponsor will retain rights of any video/photos shot during the Finals (“Footage”) and may use that Footage in any way they see fit. For the avoidance of doubt, Sponsor will also own all rights, title and interest to the Song performed in the Finalist Entry and may use it for any purpose, including, without limitation, for commercial purposes in connection with its products and services (as set forth more fully in Rule #12 below). A Finalist will not be entitled to any compensation related to any such performance/use. The Finals performances will be judged by a panel of Sponsor-selected judges, based on the following criteria: Creativity/Originality Overall Appeal/Sound/Quality of Song (50%); relativity to the Dunkin Donuts Brand (50%). The Finals performance that receives the highest score from the judges (as described above) will be deemed the Grand Prize winner, subject to verification. In the event of a tie, the tied Finals performances will be re-judged by the Judges, based 100% on Creativity/Originality. Sponsor’s/judges’ decisions 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. Sponsor reserves the right to not award the Grand Prize if, in its sole discretion, it does not receive any qualified Finals performances. Grand Prize winning Entrant (and all Participant[s]) (“Grand Prize Winner”) will be required to execute a Grand Prize Acceptance Form along with a W-9 tax form at the Finals upon Grand Prize winner determination. Prize will be awarded 6-8 weeks from the date the Grand Prize Winner is confirmed.
10) GRAND PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize: $10,000 towards time in a recording studio for Grand Prize Winner, at a Sponsor-approved recording studio, a $5,000 check and $500 worth of Dunkin’ Donuts gift cards (terms and conditions apply to use of gift cards). The $10,000 check will be paid directly to the Sponsor-selected and approved recording studio. The $5,000 check and the $500 worth of Dunkin’ Donuts gift cards will be divided equally amongst the winning Entrant/Participants (as applicable) and they will have the opportunity as a group to have their own headlining performance at the Dunkin’ Donuts Iced Coffee Lounge located inside iHeartMedia in NYC (on date/time specified by Sponsor and all details are in Sponsor’s sole discretion). The Grand Prize Winner will also have the opportunity, if he/she/they so choose, to create the melody and lyrics for a new original campaign song for Dunkin’ Donuts Cold Brew (“New Campaign Song”), Total ARV: $15,500. Grand Prize Winner is solely responsible for the taxes related to their portion of the prize (including their portion of the recording studio portion of the prize) and will receive an IRS Form 1099 for the actual prize value. In no event will Sponsor be responsible for awarding more than the stated Prize herein. No transfer or substitution for Prize in whole or in part will be permitted, except at Sponsor's sole discretion. Prize cannot be redeemed for cash. All prize details are at Sponsor’s sole discretion and must be used on date specified by Sponsor. If Grand Prize Winner chooses the option to create a New Campaign Song, it must meet all Submission Guidelines (except lyrics must also be original). Sponsor has the sole discretion to determine if the New Campaign Song is acceptable for usage and reserves the right not use the New Campaign Song. Grand Prize Winner will not be entitled to any additional compensation for usage of the New Campaign Song (including, without limitation, any writer’s or publisher’s portion of the public performance rights thereto). In addition, if Grand Prize Winner chooses the option to create a New Campaign Song, he/she/they hereby represent and warrant that: (a) subject to any assignments and grant of rights herein, Entrant/Participant(s) owns and/or controls 100% of the copyright in the composition of the New Campaign Song and 100% of the copyright in the master recording submitted of the New Campaign Song, and the sole and unencumbered right to grant the rights granted to Sponsor under this Contest (including, without limitation, the right to use any vocal, lyrics and any other performances embodied in the New Campaign Song); (b) the New Campaign Song is completely original and has never been exploited, published, or recorded in any form and will not violate, conflict with, or infringe upon any rights of any nature whatsoever of any entity or individual, or cause Sponsor to incur any fees; (c) no application has been made to register the New Campaign Song for copyright as either a published or unpublished work; (d) no assignment has been or will be made of any of the rights to the New Campaign Song; (e) he/she/they are not members of any union having jurisdiction (if any) over the creation, recording or use of the New Campaign Song; and (f) he/she/they agree to execute any and all documents necessary to grant the rights to the New Campaign Song set forth in these Official Rules.
11) TRANSFER OF RIGHTS: All Non-Finalist Entries: By submitting an Entry, being a Participant or being the videographer for the Entry on behalf of Entrant, Entrant/Participant/videographer hereby irrevocably grants the Contest Entities the non-exclusive, non-transferable, royalty-free, perpetual, worldwide rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry and submitted video (as such may be edited and modified by the Sponsor in its discretion), together with, or separate, from the names of Participants or the band name, in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, the Website, and/or other Sponsor-selected media). Entrant/Participant/videographer warrant and represent that he/she has all permissions necessary to grant the rights set forth herein.
Finalist Entries and If Grand Prize Winner Chooses to Create the Optional New Campaign Song (as applicable): By submitting an Entry, being a Participant, or being the Grand Prize Winner that chooses to create the optional New Campaign Song, all Finalists [Entrant and Participant(s) (if any)] and Grand Prize Winner (if applicable) hereby irrevocably grant all rights in and to the Song/New Campaign Song (and all portions thereof), if applicable to Sponsor, including, without limitation, the exclusive, unrestricted right (a) to copyright the Song/New Campaign Song in Sponsor’s own name throughout the world (it being agreed that Sponsor shall own all rights and interests under copyright of whatsoever nature or kind, whether known or unknown, including all reversionary rights and interests and all renewals and extensions of term of copyright), (b) to license, dispose of, and exploit the Song/New Campaign Song, in any manner and in any medium, whether now known or hereafter devised, anywhere in the world in perpetuity, including, but not limited to, all publication, dramatic, synchronization, mechanical, public performance, and transcription rights, and (c) to alter, revise, change, arrange, rearrange, edit, and adapt the Song/New Campaign Song, and (d) to license use of the Song/New Campaign Song in any media, whether now known or hereafter devised, whether or not such media has entered into a public performance license agreement with ASCAP, BMI, SESAC, Sound Exchange, or any other performing rights organization. All Finalists [Entrant and Participant(s) (if any)] hereby waive the benefit of any provision of law known as droit moral or moral rights of authors or any similar or analogous law or decision in any country in the world. All Finalists [Entrant and Participant(s) (if any)] agree to assist Sponsor or its designee, at Sponsor’s expense, to secure Sponsor’s rights in the Song/New Campaign Song in any and all countries, including, without limitation, by disclosing to Sponsor all pertinent information, and executing all applications, assignments, and other instruments which Sponsor shall deem necessary in order to apply for or obtain such rights. For purposes of clarity, Sponsor shall have no obligation to pay Finalists [Entrant and Participant(s) (if any)] any royalty or compensation, and Sponsor shall have no obligation to provide Finalists [Entrant and Participant(s) (if any)] with name credit, in connection with any uses of the Song/New Campaign Song.
12) ADDITIONAL REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant and Grand Prize Winner that chooses to create a New Campaign Song represents and warrants as follows: (i) Entrant's Entry/Grand Prize Winner’s New Campaign Song is non-professional and the sole, original work of the Entrant, a combination of Entrant and Participants or Grand Prize Winner, which has not been copied or otherwise plagiarized, in whole or in part, from any other source (other than the Sponsor-specified lyrics) and, as of the date of Entry submission/New Campaign Song recording, is not the subject of any actual or threatened litigation or claim; (ii) Entrant's Entry/Grand Prize Winner’s New Campaign Song has not been submitted in any other competition; (iii) Entrant owns all rights in and to the Entry/New Campaign Song or has received the necessary permissions to grant the rights set forth herein; (iv) Entrant's Entry/Grand Prize Winner’s New Campaign Song does not and will not violate or infringe upon (nor is it at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights; (v) Entrant's Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous; and (vi) the Entrant/Grand Prize Winner waives any rights in or to the compositions/master recordings in the Entry/New Campaign Song, including without limitation, any rights to the writer's portion and publisher’s portion of the non-dramatic public performance rights to the Entry/New Campaign Song. Each Entrant/Participant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant/Participant under these Official Rules.
13) RELEASE: Entrants/Participants/Voters agree to release and hold harmless Released Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry/vote or otherwise participating in or preparing for any aspect of the Contest (including any travel or activity related to participating in the Finals), the receipt, ownership, possession and/or use or misuse of a prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prize or for any claims or causes of action based on publicity rights, defamation or invasion of and privacy.
14) PUBLICITY GRANT: Entry into the Contest constitutes permission to the Contest Entities and their respective designees to use winning Entrant’s/Participant(s)’ (as applicable) Entry, video, Song/New Campaign Song, Footage, performances, voices, images, names and likenesses for advertising and promotional purposes (including any possible public relations opportunities), in any manner, in any and all media now or hereafter devised, worldwide in perpetuity, without further compensation, notice, review or approval, except where prohibited by law.
15) GENERAL RULES: Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries/votes in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest or for errors or difficulties which may occur in connection with the administration of the Contest, the voting, processing or judging of Entries or Finals performances, the announcement of the prize or in any Contest-related materials. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Contest for any reason, including (but not limited to) if, for any reason, the Contest (or online voting) 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 Finalists from among all Semi-Finalists determined prior to cancellation, based on the same criteria listed above, and if online voting is cancelled, Grand Prize winner will be determined solely based on Judges’ scores (excluding the 20% voting portion). All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online Entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual it suspects or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry 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: THE SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL THAT TAMPERS OR ATTEMPTS TO TAMPER WITH THE ENTRY/VOTING PROCESS OR THE OPERATION OF THE CONTEST OR WEBSITE; VIOLATES THE OFFICIAL RULES; OR ACTS IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT/PARTICIPANTS(S) (AS APPLICABLE) WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFICTS OF LAW.
16) LIMITATION OF LIABILITY: Entrants, Participants and Voters 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 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 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 Contest Entities; 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. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT, PARTICIPANT OR VOTER BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS, PARTICIPANTS AND VOTERS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT, PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED.
17) WINNER LIST: For the name of the Grand Prize winner, available after July 1, 2018, send a self-addressed stamped envelope, to be received by May 30, 2018 to: Dunkin Donuts Cold Brew Jams Contest 2018 Winner, c/o SFG, 26 Patriot Place, Suite 104, Foxboro, MA 02035.
Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.
NO PURCHASE NECESSARY. Open only to legal U.S. residents, residing in one of the following counties: New York counties: Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester; New Jersey counties: Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren; Connecticut County: Fairfield (collectively, the “Eligible Counties”), who are, as of date of entry, 18 years of age or older. The Dunkin Donuts Cold Brew Jams Contest starts 12:00 am ET 4/6/18 and ends 11:59 pm ET 4/30/18. Void outside of the Eligible Counties and where prohibited. The Voting Period will start/end on/about 5/14/18-5/25/18. Sponsored by Dunkin’ Brands Inc. Visit www.DDNewYork.com for Official Rules