DUNKIN’ DONUTS® “HOW DO YOU KEEP AMERICA RUNNING?” VIDEO CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. PROMOTION OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY AND WHO ARE VALID REGISTERED MEMBERS OF YOUTUBE. VOID IN PUERTO RICO AND WHERE PROHIBITED. THIS PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THIS PROMOTION IF YOU ARE NOT A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA
- How It Works: Between 12:01am Eastern Time (ET) on 01/11/08 and 11:59 pm Eastern Term (ET) on 03/01/08 (“Promotion Period”), valid members of YouTube can post a two minute or less video demonstrating “How Do You Keep America Running?” as an extension of Dunkin’ Donuts “America Runs on Dunkin’SM” campaign. (Any videos exceeding two minutes in length will be disqualified.) Contest videos will be judged by a qualified panel of judges (“Judges”) who will evaluate each approved submission (see Rule #4) to determine the winners. Contest submissions will be posted on www.youtube.com/dunkindonuts and will be rated by visitors to that site. Results from ratings account for 20% of total score to determine a winner, except in the event of a tie in the judge’s scores. (See Rule #4 for details.)
- Eligibility: This promotion is open only to legal residents of the 50 United States and the District of Columbia, 18 years of age or older at time of entry and who are valid registered members of YouTube. Employees of Dunkin’ Brands, Inc. and DB AdFund Administrator LLC ("Sponsors"), DD Master Finance LLC, Dunkin' Donuts Advertising & Sales Promotion Fund, and any of their respective parent companies, affiliates, franchisees and their employees, licensees, distributors, suppliers, subsidiaries, advertising, promotion and internet agencies (collectively, “Released Parties”) and their immediate family members (spouse, child, parent, sibling, or “step” of each, regardless of where they reside) and/or those living in the same household of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of this Contest) are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law. Void where prohibited by law.
- How To Enter The Video Contest: During the Promotion Period, visit www.youtube.com/dunkindonuts and follow the links and instructions to login and/or create your YouTube account and to post your video. Once you complete and submit, your Submission is final and may not be modified or edited further. No Submission will be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify Submissions deemed to be inappropriate or otherwise noncompliant. You may enter as many Submissions into the Contest as long as the same (or substantially similar) Submission is not uploaded more than one (1) time throughout the Promotion Period. The person uploading the Submission will be deemed the entrant. In the event of a dispute as to the identity of an entrant, the entrant will be deemed the name appearing on the submission. Limit one (1) prize per person and/or e-mail address. . You must have a valid YouTube account and agree to the YouTube Terms of Use, located at http://www.youtube.com/terms, and the YouTube Privacy Policy, located at http://www.youtube.com/privacy, in order to be eligible to enter. Registration on YouTube must be complete before entering the How Do You Keep America Running? Dunkin’ Donuts Video Contest. Not all video submissions will be posted. If the Sponsor deems that the video submission does not comply with the Official Rules of the Video Contest, the entrant's video will not appear on www.youtube.com/dunkindonuts be eligible to participate in the Video Contest. The video can be in color or black and white and must be entrants own original work including any statements, animations or background music, and cannot contain any copyrighted materials, except the trademarked Dunkin’ Donuts logos. The entrant must retain the original media asset (i.e. mov, .avi, etc.) that was uploaded on YouTube. The submission cannot contain any unacceptable clothing or adornments, or display any commercial/corporate advertising (including but not limited to corporate logos, brand names, slogans, political, personal and religious statements) and they must not contain defamatory statements (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); they may not contain any lewd or sexually explicit suggestive content; they may not contain any content that promotes use of alcohol, tobacco, firearms/weapons, or any violent, unsafe or dangerous behavior; they must not include threats to any person, place, business or group; they must not invade privacy or other rights of any person, firm, entity, and they must not in any other way violate applicable federal, state or local laws and regulations as determined by Sponsor, in its sole discretion. Submissions may not contain indecent behavior, profanities or obscenities, including but not limited to nudity or pornography, and may not in any way disparage persons or organizations associated with Sponsor; Sponsor/judges reserve the right in their sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, or does not comply with these requirements or these Official Rules. Submissions must be suitable for presentation in a public forum, in sole determination of judges and/or Sponsor. If the submission contains any person(s) other than the entrant, by entering this video contest, entrant agrees to receive permission from other person(s) featured in video (or from parent/legal guardian if other person(s) featured are considered minors in their state of residence) for Sponsor to use their likenesses for publicity including posting on website(s) and can make written copies of such permissions available to the Sponsor upon request. Additionally, if entrant is considered a minor in his/her state of residence, entrant will receive permission from their parent/legal guardian. Videos must be in English, meet the technical specifications to be uploaded on YouTube and received no later than 11:59pm ET on 03/01/08 to be eligible. YouTube’s clock shall serve as the Official Clock for the Contest. Proof of submission does not constitute proof of receipt. If more than one video entry is received per person, only one video will be eligible to be deemed a winner for the Video Contest.
- CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by uploading and entering a Submission, Entrant warrants and represents that the Submission:
- is original and has been legally obtained and created;
- does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
- does not violate applicable laws, regulations or network standards;
- has not been entered in previous contests or won previous awards; and
- has not been published or distributed previously in any media, except in conjunction with media related to this contest.
- YouTube account holder is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning email addresses for the domain associated with the submitted email address. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither Sponsor nor any of the Released Parties are liable for any disputes between collaborators related to the Submission. Please note the following:
- Submission may not contain or refer to any company/brand logos or food or beverage brands other than Dunkin’ Donuts®.
- All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these rules. Submissions that do not comply with the YouTube Terms of Use or these Official Rules or that otherwise contain prohibited, inappropriate, or irrelevant content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize.
- By uploading a Submission, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's Submission, including, but not limited to, the video or digital recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Entrant's name, city/state, image, voice, likeness, biographical material and photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of Entrant’s participating in this Contest (with or without using the Entrant's name) (collectively, the “Additional Materials”) in any and all media throughout the world for any purpose, without limitation as to time or territory, and without additional review, compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Entrant's Likeness or statements.
- Entrant agrees to indemnify and hold the Released Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees, harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. Entrant further agrees to release Sponsor from any and all claims that any commercial, advertising presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any elements, characters or ideas contained in any Submission.
- Entrant warrants and represents that he/she owns all rights to his/her Submission, including, without limitation, the video or digital recording, the copyrights in the recording and the performance contained therein. Entrant further represents and warrants that the Entrant is the individual pictured and heard in the submission, or, alternatively, has obtained permission from each person whose name, image, likeness and/or voice ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's likeness on behalf of the minor. Sponsor's determination as to whether the Submission potentially violates the rights of any third party is final.
- Video Contest Judging:All eligible entries will be judged by Sponsor and its designates, whose decisions are final, to determine the 50 winners using the following criteria: Originality & Creativity - 40%; Clarity of Presentation - 20%; Appropriateness to Subject Matter - 20%.; Online Votes - 20%. In the event of a tie, the tied entry with the highest online votes will be declared a winner. In the event of a final tie in the online rating, the prize will be split equally amongst tied entrants. Visitors, who are at least xx age, will be able to vote on the posted Submission by logging on to www.youtube.com/dunkindonuts and following the posted instructions. Votes will be limited to one per day per personal and/or email address during the Promotion Period. The top 10 videos may be used in Dunkin’ Donuts online programming. The selection of the Top 10 videos will be based on the scoring parameters outlined herein. The use of the Top 10 videos in any online programming (e.g., web sites, online advertising, banners, promotions, etc.) is at the discretion of the sponsor..
- Prize & Approximate Retail Value: (50) Prizes – A year’s supply of Dunkin’ Donuts regular flavor coffee (52lbs) approximate retail value: $500. Prize consists of only the item as described herein.
- General Rules: Potential winners are subject to verification including, without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms herein described. Potential winners (or parent/legal guardian if potential winner is deemed a minor in his/her state of residence) will be required to complete and execute an Affidavit of Eligibility certifying that the entry submitted is winner's own original work and he/she holds all rights to the entry, that the entry has not been previously published, has not won a previous prize or award and that winner followed the Official Rules of the Contest. Additionally, potential winner will be required to complete a Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release which will irrevocably assign and transfer to Sponsor any and all rights, title and interest in Submission including, without limitation, all copyrights, and waive all moral rights in that Submission. In addition, potential winners must have all identified persons depicted in the video sign a Publicity/Model Release as provided by the Sponsor. In the event a person depicted in any video is a minor, the Parent/Legal Guardian of that minor is required to sign a Publicity/Model Release for the minor. All forms must be received within 10 days of attempted notification. Noncompliance within this time period or return of any prize/prize notification as undeliverable or if a potential winner cannot be verified, or otherwise unable to accept prize, will result in disqualification and an alternate winner may be selected provided sufficient time remains, in Sponsor’s discretion. Winner will be notified by mail. No substitution or transfer of prize by winner permitted. Sponsor reserves the right to substitute prize of equal or greater value. All federal, state and local taxes are the sole responsibility of winner. By accepting prize, winner (or parent/legal guardian if winner is a minor) agrees to release and hold Sponsor, its respective directors, officers, employees and assigns harmless from and against any and all claims and liability arising out of use of prize. Winner (or parent/legal guardian if winner is a minor) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption of any prize. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner's name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. Entrants (or parent/legal guardian if entrant is a minor) agree to release, discharge and hold harmless the Released Parties, its respective directors, officers, employees and assigns from and against any and all liability and damages. By participating in this promotion, entrants (or parent/legal guardian if entrant is a minor) agree to be bound by the Official Rules and the judges' decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the promotion or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. Unclaimed prizes will not be awarded.
- Internet: CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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. Not responsible for faulty, incorrect or mistranscribed phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the promotion. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug or other technical problem corrupts the administration or security of the program as determined by Sponsor/judging agency/administrator, in their sole discretion. In the event of termination, a notice will be posted online and contest entries will be judged from among all eligible entries received prior to termination. Any damage made to the Web Site will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. This Contest is offered only in the United States and is governed by the laws of the Commonwealth of Massachusetts.
- Winner: For the name of the Video Contest Grand Prize winners, visit www.youtube.com/dunkindonuts and click "Contest Winner" beginning 03/14/08 through 05/02/08.
Sponsor: Dunkin’ Brands, Inc., as Master Servicer and DB AdFund Administrator LLC, 130 Royall Street, Canton, MA 02021
