1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF PENNSYLVANIA AND WHEREVER 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 am Eastern Time (“ET”) on 08/14/17 and ends at 11:59:59 pm ET on 08/18/17 (the “Sweepstakes Period”).
At or around the beginning of the Sweepstakes period (and at various times throughout the Sweepstakes Period) @DunkinPGH will send out a tweet with a call to action for the Sweepstakes which will include a URL where official rules can be found. In order to earn one (1) entry into the Sweepstakes’ random drawing, as detailed below, during the Sweepstakes Period, you must retweet the applicable message (it does not matter whether you retweet the applicable message from @DunkinPGH or from a different person you are following who retweeted the message) and include the hashtags #DDKennywood and #Sweepstakes (hereinafter an “Entry”). Using the above referenced hashtags in your tweet constitutes your consent to these official rules. Limit one (1) entry per person throughout the Sweepstakes period.
Sponsor need not inform you if you have earned an Entry or not. 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 an applicable Entry Period to be eligible. 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.
5. 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 Drawings/Prizes/Approximate Retail Value (“ARV”): On or about one (1) business day after the Sweepstakes Period has ended, Administrator, an independent judging agency, shall perform a prize drawing (the “Prize Drawing”), from among all eligible Entries received throughout the Sweepstakes Period, in order to select five (5) Potential Prize (“Prize”) winners. Once confirmed, as detailed below, the Prize winners will receive two (2) tickets to the Kennywood Amusement Park in West Mifflin, PA. Kennywood is open daily until Tuesday, August 22. Kennywood is closed August 23 - 25, and open weekends plus Labor Day until September 17. The ARV of each Prize is ninety-six dollars ($96). The total ARV of all Prizes to be awarded herein is four hundred and eighty dollars ($480). 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 throughout the Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the stated 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 a 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.
7. Prize Winner Notification/Verification: The potential Prize 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 Prize winners via a direct message from @DunkinPGH to the potential Prize winner Twitter Account used to enter the Sweepstakes (note: in order to receive such direct message, you must (a) be following @DunkinPGH and (b) must have your account settings set to “unprotected” or “public”, you can change your account settings back fifteen (15) days after the Sweepstakes has ended). Upon notification or notification attempt, potential Prize winner will be required to respond to such direct message as indicated, accepting the Prize and providing their email address for Prize delivery purposes (if requested) within two (2) calendar days of such notification or notification attempt, or the Prize may be forfeited, and an alternate potential Prize winner may be selected and notified. If in any instance, notification attempt(s) for a potential Prize winner fails for any reason, or if a potential Prize winner is found to have not complied with these Official Rules, the Prize will be forfeited and an alternate potential winner may be selected and notified (time allowing). Acceptance of 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 any and all media now or hereafter devised in any manner, without additional compensation, notification or permission, unless prohibited by law. Further, winner 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 account, 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 winner. 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 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 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.
9. 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
10. Request for the Names of Winners: For the name of the winner, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, to be received by 09/18/17 to: Kennywood Park Follow & Retweet Sweepstakes c/o Green Dot Public Relations, 175 Shady Lane, Apollo, PA 15613
11. Sponsor: Dunkin’ Brands Inc., 130 Royall Street, Canton, MA 02021.