|Description||Quantity||ARV of Each||Total ARV|
|One (1) 40" Smart TV||1||$1,000||$1,000|
|One (1) Gaming Console||2||$500||$1,000|
|One (1) HD Kindle||3||$300||$900|
|One (1) $10 mGift||125||$10||$1,250|
|One (1) $3 mGift||1,000||$3||$3,000|
5. INSTANT PRIZE WINNER NOTIFICATION/VERIFICATION: By participating in this Promotion, entrants give their express permission to be contacted by Sponsor or Administrator via the email address provided. No Instant Prize winner is an official winner unless all necessary paperwork has been returned (if applicable), as determined by Sponsor, and/or until Sponsor confirms such. There is a limit of one (1) Instant Prize per participant throughout the Promotion Period. On or about one (1) business days after your applicable Play, if you received a winning message for an Instant Prize other than an mGift, you be notified via email and if you are the potential winner of the 40” Smart TV you will be required to execute and return an affidavit of eligibility and liability/publicity release (except where prohibited) within five (5) days of notification attempt or Instant Prize may be forfeited, at Sponsor’s discretion, and an alternate potential Instnat Prize winner will be selected, based on next in time to Play, as per Sponsor’s records. If you are the potential winner of a Gaming Console or the HD Kindle, you will be required to provide your physical mailing address within five (5) days of notification attempt or the Instant Prize may be forfeited, at Sponsor’s discretion, and an alternate potential Instant Prize winner will be selected, based on next in time to Play, as per Sponsor’s records. The Instant Prize winner of the 40 Smart TV will receive a 1099 at the end of the year in which the prize is awarded for tax purposes. All potential mGift Instant Prize winners may be required to confirm their email address in order to claim their prize. If a potential Instant Prize winner cannot be contacted, fails to confirm necessary information, has a email delivery returned as undeliverable, or is found by the Sponsor and/or Administrator after further research and investigation to not be an actual Instant Prize winner said potential Instant Prize winner may be disqualified and will forfeit the Instant Prize. A participant is not an official Instant Prize winner, even if a winning message should so indicate, unless and until entrant’s eligibility has been confirmed and verification is complete, in Sponsor’s sole discretion. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If for any reason, there are disputes as to the number of actual Instant Prize winners, the validation of potential Instant Prize winners, or more Instant Prizes are claimed than set forth in these rules, in the Sponsor’s and Administrator’s sole discretion, Sponsor and Administrator may override the Instant Win Game computer algorithm and award all Instant Prizes by conducting random drawings from among all eligible Instant Win Game Plays received throughout the Promotion Period.
All Prizes: Sponsor shall use best efforts to award all prizes listed in these Official Rules. In no event will more than the stated number of prizes listed in these Official Rules be awarded. In total, there is a potential for seven thousand one hundred and fifty dollars ($7,150) in prizes to be awarded during the Promotion.
6. GENERAL CONDITIONS: Actual value of Instant Prizes will depend on current market conditions at time of prize fulfillment and any difference between the stated ARV and the actual value of the prize, if any, will not be awarded, except at Sponsor’s sole discretion. All prize details are in Sponsor’s discretion. By participating in and/or accepting a prize in this Promotion, entrants hereby consent to the use by Sponsor of their information and/or likeness, in any media now known or hereinafter developed throughout the world, without additional consideration (except where prohibited), consent or prior review, and upon request will provide written consent to such use. The prize conditions stated herein are not all-inclusive and may be subject to additional conditions, which may be stated at a later time. Please allow up to 4-6 weeks after the Promotion Period to receive an Instant Prize. Dunkin’ Donuts mGifts will be awarded as a virtual Dunkin’ Card that is sent to either your email address or mobile device. mGift Terms and Conditions and rules and restrictions apply (visit https://www.dunkindonuts.com/content/dunkindonuts/en/help/terms.html for details). Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, viruses, tampering, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion Microsite or the Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Instant Prizes at random from among the eligible Plays received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it suspects to be tampering with the Game Play process or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Instant Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Instant Prizes by a random drawing among all eligible, legitimate, un-awarded, Instant Prize claims. If any part of these Official Rules are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Official Rules shall continue in effect.
7. INTERNET & GENERAL LIMITATIONS OF LIABILITY: Released Parties are not responsible for interrupted or unavailable network servers, Internet access or other connections, miscommunications, failed telephone or computer transmissions, jumbled/scrambled Instant Win Game Plays, phone, electrical, network, computer, hardware, software or program malfunctions, inability to upload or download any information in connection with participating in the Instant Win Game, failures, difficulties or for other errors, omissions, interruptions, or deletions of any kind, whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Instant Win Game. Released Parties are not responsible for glitches or technical malfunctions in the administration of the Instant Win Game. Released Parties are not liable for any Internet connectivity costs, dial-up access costs, or upload fees. Released Parties are not responsible for illegible, unintelligible, lost or late Instant Win Game Plays or or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human errors which may occur in the processing of any Instant Win Game Plays. Persons found tampering with, abusing any aspect of this Promotion, or violating these Official Rules, will be disqualified and may be subject to prosecution. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE INVOLVED IN THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE INSTANT WIN GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees on merchandise prizes are subject to the manufacturer’s terms and conditions and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE ACCOMPANYING THE PRODUCTS BEING AWARDED AS THE PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION OR ACCEPTANCE OR USE/MISUSE OF ANY PRIZE. Each participant hereby agrees to release, indemnify, and hold harmless the Released Parties from any claims, actions, damages, losses or injury of any kind including but not limited to personal injury or death, resulting from participating in the Promotion or from acceptance, use or misuse of a prize awarded or participation in any prize-related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties. Entrants agree that the Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express, or implied (including but not limited to the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Promotion.
8. GOVERNING LAW: THIS PROMOTION 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 ANY DISPUTE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO CLASS ACTION.
10. WINNERS/RULES REQUESTS: For a list of the names of the winners, available after the Promotion Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by 02/28/14 to: SpreaDD The Cheer Virtual Scratch And Win Game, c/o bottlerocket marketing group, llc, 71 Elm Street, Unit 8, Foxboro, MA, 02035. Please note on the left-hand corner of your envelope if you are requesting the Names of Winners or Official Rules. Vermont residents may omit return postage if requesting a set of Official Rules.
11. SPONSOR: Dunkin’ Brands Inc., 130 Royall St., Canton, MA 02021.