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DUNKIN BOSTON, BOSTON TWEET GIVEAWAY PROMOTION

OFFICIAL RULES 

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO legal residentS of, and currently residing WITHin, the 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“d.c.”) WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.  

 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED, OR ASSOCIATED WITH TWITTER, INC. OR INSTAGRAM INC.

 

1. PROMOTION PERIOD: Dunkin Boston, Boston Tweet Giveaway (“Promotion”) begins at approximately 11:00:00 a.m. Eastern Time and ends at approximately 4:00:00 p.m. ET on April 25-26, 2019 (“Promotion Period”). 

 

2. ELIGIBILITY: The Promotion is open to legal residents of and currently residing within the 50 United States and the District of Columbia, who are 18 years of age or older at time of entry. Employees, directors, and officers, of Dunkin' Donuts (“Sponsor”), RF Binder, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, and their immediate family members (spouse, parents, step-parents, children, step-children, siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, director, and officer, whether or not related, are not eligible to enter or partake in a prize. Void where prohibited. The Promotion is subject to all applicable federal, state and local laws and regulations.

 

3. HOW TO ENTER: To enter, during the Promotion Period, eligible participants must log-in to their Twitter account and go to the @BostonTweet Twitter feed (https://twitter.com/BostonTweet) or log-in to their Instagram account and go to the @BostonTweet Instagram feed (https://www.instagram.com/bostontweet/?hl=en) and look for the clues and photos that Tom of BostonTweet will post in real-time which will be related to the hidden location of playoff tickets. (“Promotion”). There will be four (4) tickets placed in three (4) different locations in Boston, MA by Tom of BostonTweet at randomly determined times during the Promotion Period. The Promotion Box will be hidden on public property in Suffolk County. The tickets will NOT hidden anywhere on, near or around the school property. It will not be buried (although it may be covered in snow) and no structure will need to be disturbed or climbed to find it. Confine hunting to daylight hours.  Respect all property and the environment. Participants must be respectful of others’ privacy, property and persons.  The tickets WILL NOT BE HIDDEN ON PRIVATE PROPERTY AND SEARCHING ON PRIVATE PROPERTY IS EXPRESSLY PROHIBITED.  Areas being searched should be left undisturbed, in the same condition as before the search.  Any Participant found to have violated these rules, in Sponsor’s sole discretion, will be ineligible to win the prize, even if the Participant finds the tickets.  Participants will visit all sites and undertake all activities at their own risk. The first eligible participant to meet Tom of BostonTweet and find tickets at that location, will be the winner of a prize (see Section 6 below for details), subject to verification of his/her eligibility and compliance with these Official Rules. Limit one (1) prize per person. Sponsor is not responsible for any transportation costs associated with participation in the Promotion or failures of any kind related to Twitter, Instagram, or the internet; lost or unavailable network connections; or any other errors or problems which may impair a participant’s ability to participate in the Promotion. A free Instagram account can be created by visiting http://Instagram.com and following the on-screen instructions to register. A free Twitter account can be created by visiting https://twitter.com. Please note: All participants agree to follow all applicable laws and regulations during their participation in the Promotion and understand that breaking any law or engaging in any reckless activity or behavior that threatens the safety of others in any way, as determined in Sponsor’s sole discretion, will be grounds for immediate disqualification.

 

4. HOW TO WIN: To win a prize in the Promotion, an eligible participant must be the first eligible participant to find a hidden tickets and meet the Promotion entry requirements stated herein.  In the event that two or more eligible participants find a hidden Promotion Box at the same time, such tied participants must answer Boston trivia questions administered by Tom of BostonTweet until only one (1) participant can answer the question correctly.  The decisions of the Sponsor and Sponsor’s agent are final and binding in all matters relating to the Promotion. Potential winners must meet the eligibility requirements stated herein and may be required to execute an Affidavit of Eligibility and a Release of Liability and Publicity (where permitted), at Sponsor’s discretion. 

 

5. WINNER VERIFICATION: Potential winners may be required to execute an Affidavit of Eligibility and a Release of Liability and Publicity (where permitted) at the time of prize claim.  Failure to complete these documents or noncompliance with these Official Rules, will result in forfeiture of prize and Sponsor or Sponsor’s representative may award that prize to the next participant that successfully finds the hidden tickets (time-permitting). Prize will be issued only upon verification by Sponsor or Sponsor’s representative that all the Promotion requirements have been met by prize winner. 

 

6. PRIZES: Four (4) Prizes: Each prize winner will receive one (1) pair of Celtics playoff tickets or (1) pair of Bruins playoff tickets. Winners must comply with these Official Rules. No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated.  All prize details are at the sole discretion of Sponsor.  The determination of Sponsor or Sponsor’s representative that a potential winner is ineligible to receive a prize, may result in forfeiture of the prize and that prize will be awarded to the next eligible participant to find the hidden tickets (time-permitting).  

 

7. GENERAL: By participating, participants (a) agree to abide and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters; (b) consent to the use by Sponsor and its designees of their names, cities and states of residence, and prize information for advertising, trade and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless, Sponsor, Match Marketing Group, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, and the respective directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Promotion, and the acceptance, use, misuse or possession of a prize, including as set out in the Limitations of Liability section. Participants who have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any participant from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds participant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Promotion; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants, the Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY A PARTICIPANT FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned.

 

8. LIMITATION OF LIABILITY: Released Parties do not assume any responsibility and the participant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the participant’s participation or attempted participation in the Promotion, including, without limitation, the administration of the Promotion, the confirmation of winners, and the arranging, awarding and use of a prize. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to an awarded prize or the Promotion itself; (iv) failure of any operations or transmission of information during the Promotion Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to a participant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Promotion, all of which may affect a person’s ability to participate in the Promotion; (v) any errors, omissions, incorrect or inaccurate information in any Promotion-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Promotion howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of a prize; (viii) all liability, loss, or damages arising from or in connection with the travel to and visitation of hunt sites and/or any contest-related sites or activities; or (ix) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Promotion (or portion thereof), or to amend the Official Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Promotion is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Promotion, Sponsor reserves the right to terminate the Promotion. In the event of termination, Sponsor may make the advertised prizes available in a random draw sweepstakes. In the event of any such termination or suspension, a notice may be posted at DunkinDonuts.com. Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Middlesex County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant, Sponsor and Promoters in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.

 

9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT. 

 

By participating in this Promotion, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, and the rights and obligations of the Sponsor in connection with the Promotion, will be governed by, and construed in accordance with, the laws of State of Massachusetts, United States of America, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Massachusetts in the County of Middlesex.

12. SPONSOR/ADMINISTRATOR: RF Binder, 160 Gould Street, Needham Heights, MA 02494

13. CONSENT TO USE PERSONAL INFORMATION: The Sponsor respects your right to privacy. By participating in this Promotion, you consent and agree to Sponsor’s collection and use of your information to administer this Promotion. 

14. RULES GOVERN. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Promotion related materials, these Official Rules shall prevail, govern and control.

15. SEVERABILITY:  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.