DUNKIN’ DONUTS TEXT TO WIN CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. HOW TO ENTER
a. These rules govern the DUNKIN’ DONUTS TEXT TO WIN promotion (the “Promotion”), which is being conducted by WBMX (the “Station”). The Promotion begins on August 19, 2013 and ends on September 16, 2013 (the “Promotion Dates”).
b. To enter the Promotion, you may enter by text message and online beginning on August 19, 2013 at 2:00PM Eastern Time (“ET”) and ending on September 13, 2013 at 7:00PM ET (the “Entry Period”) as follows:
To enter by text message, listen to the Station each weekday beginning on August 19, 2013 and ending on September 13, 2013 between the hours of 2:00PM ET and 7:00PM ET for the on-air personality to announce the cue to text. Upon hearing the cue to text, listeners must text the keyword “DUNKIN” to 41041 to enter the Promotion. Message and data rates may apply. The Station is not responsible for any fees incurred by an entrant for this method of entry. Potential prize winners in a text message promotion must provide all information requested including their full name, complete address (including zip code), day and evening phone numbers and date of birth to verify eligibility. By entering by text, entrants consent to receive a confirmation text message from the Station.
c. Only one (1) entry per person is permitted regardless of the method of entry. There will be up to a total of twenty (20) daily winners and four (4) weekly winners selected. An entrant may be a daily prize winner only once and an entrant may be a weekly prize winner only once.
d. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to the Station on-air. The Station is not responsible for online streaming delays.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are 18 years of age or older and who reside in Massachusetts, Connecticut, and New Hampshire. Employees of Dunkin’ Donuts, the Station, the Station’s licensee (collectively, “Promotion Entities”), their respective parent, subsidiary and affiliated entities, Station’s advertising and promotional agencies and participating sponsors, other radio stations in the Boston metropolitan area, the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Entrants are responsible for complying with these Official Rules. Promotion void in Rhode Island.
b. Listeners are eligible to win a prize valued over $50 or ticket prize valued over $100 (per ticket) in a Station-conducted Promotion only once every thirty (30) days and a prize valued at $600 or more only once every six (6) months. Only one (1) winner per household is permitted in any Station-conducted promotion.
c. The winner may be required to present valid government-issued photo identification and must provide their complete address, date of birth and phone number to claim a prize.
d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. Twenty (20) daily prizes will be awarded in the Promotion. Each daily prize consists of a $10.41 credit awarded to the daily winner’s Dunkin’ Donuts account via the Dunkin’ Donuts free mobile app. The Approximate Retail Value (“ARV”) of the daily prize is $10.41.
Four (4) weekly prizes will be awarded in the Promotion. Each weekly prize consists of a $104.10 credit awarded to the weekly winner’s Dunkin’ Donuts account via the Dunkin’ Donuts free mobile app. ARV of the weekly prize is $104.10.
Daily and weekly winners must have a registered Dunkin’ Donuts mobile app in order to claim the credit. If a daily and/or weekly winner is unable to download the Dunkin’ Donuts mobile app on his/her phone, the winner may request their prize credit in the form of a gift card. The credit and/or gift cards will be subject to the terms and conditions as set forth by the issuer of the credit and gift cards. Credit and gift cards are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time. Card good only toward purchase of Dunkin’ Donuts products at participating U.S. locations. No expiration date or management fees.
b. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates may be claimed at the office of the Station at the address below during regular business hours. A winner will forfeit any prize or prize certificate not claimed within ten (10) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize or prize certificate.
c. The Prize(s) is not transferable, and no substitution, assignment, or cash equivalent of prize is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Entrants acknowledge that the Promotion Entities have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.
4. POTENTIAL WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. Starting on Tuesday, August 20, 2013 and ending Monday, September 16, 2013, one (1) daily prize winner will be selected each weekday (total of twenty (20) daily prize winners selected during the Promotion) via random drawing by the Station at approximately 9:00AM from all text and online entries received by 11:59PM ET the business day before. Starting on Monday, August 26, 2013 and ending Monday, September 16, 2013, one (1) weekly prize winner will be selected promptly after a daily winner is selected each Monday during the Promotion on Monday, August 26, 2013, Monday, September 2, 2013, Monday, September, 9, 2013, and Monday September 16, 2013 (total of four (4) weekly prize winners selected during the Promotion) from the most recent five (5) daily winners (weekly prize drawing will include daily prize winners from Tuesday to Friday of the preceding week and the Monday drawn immediately before the weekly drawing). If a daily prize winner cannot be reached following a daily prize drawing, the daily prize winner’s name will still be inserted into the weekly prize drawing. Those entries not selected during a daily prize drawing will rollover and be eligible for subsequent daily prize drawings during the Promotion.
c. Odds of winning a daily prize depend upon the number of text and online entries received. Odds of a daily prize winner winning a weekly prize are 1 in 5.
d. Winners need not listen to the Station nor be present to win.
e. Daily and weekly prize winners will be notified by telephone following the random drawing. Prizes will be awarded only upon confirmation of eligibility and completion of all requisite releases. The winner must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize will be forfeited and an alternate winner will not be selected. If a potential winner cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize and will be required to complete and submit an IRS form W-9 with the winner’s full social security number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the station (or any other CBS Radio station in station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of the prize (s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its agents to interview the winner(s) (or guest(s), if applicable), to photograph, film, and record each winner (or guest, if applicable), and to use in commerce and in any media now or hereafter known throughout the world in perpetuity, his/her name, prize won, hometown (city and state), biographic information, likeness, photograph, audio or video recording, and/or any statements made by him/her regarding the Station, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion’s sponsor(s), the Station, its licensee, their respective parent, subsidiary and affiliated entities, their advertising and promotional agencies, prize suppliers, and participating sponsors, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Promotion, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in Promotion, or delivery, possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend, and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Promotion or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
f. The use of any device to automate entry is prohibited and will result in disqualification. Online entries generated by a script, macro or use of automated devices will be disqualified at the Station’s discretion. The Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. For phone or mobile entries, the authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Station’s website. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station reserves the right to disqualify that entrant from entering and/or winning this and future Station-administered Promotions and to prosecute and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Promotion and shall not be required to award a substitute prize.
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize (s) shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, by entering the Promotion, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by September 16, 2013 to “DUNKIN’ DONUTS TEXT TO WIN CONTEST – Official Rules,” Attn: Promotions, WBMX, 83 LEO BIRMINGHAM PARKWAY, BOSTON, MA, 02135. For the names of the prize winners send a self-addressed stamped envelope for receipt by November 16, 2013 to the above address marked “DUNKIN’ DONUTS TEXT TO WIN CONTEST – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at WWW.MIX1041.COM.
83 LEO BIRMINGHAM PARKWAY
BOSTON, MA, 02135
130 ROYALL STREET
CANTON, MA 02021