PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Dunkin’ Design A Cup (“Contest”) will begin on June 11, 2019 at 9:00 AM PT and end on July 9, 2019 at 9:00 AM PT (“Contest Period”). All times in the Contest refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws. PRIZE DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION OUTSIDE OF THAT DESCRIBED BELOW.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include NBCUniversal Media, LLC, 30 Rockefeller Plaza New York, NY 10112 (“Sponsor”), with Dunkin’ Brands, Inc., 130 Royall Street, Canton, MA 02021 (“Prize Provider”) and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: As part of your Entry (as defined below), you will be required to submit a design (“Design”) that incorporates elements of the Dunkin’ and America’s Got Talent brands. Design must be original to you and incorporate the Dunkin’ logo, as provided by Sponsor on the Website (defined below). Submission must not contain or reference the likeness or image of any person including, but not limited to America’s Got Talent acts, hosts or judges. Professional Designs with watermarks are not eligible. Design must be submitted as a .PNG file or as a JPEG file no larger than 50 MB with the following dimensions: 9.073 x 11.993 inches.
To enter the Contest, during the Contest Period submit your Design along with the entry form, which includes your full name, email, phone number, and ZIP code, (“Entry”), at nbc.com/designacup (the “Website”).
All Entries become the property of Sponsor and will not be acknowledged or returned. You must submit the Design (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Contest Entities the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Contest Entities and that the Contest Entities’ reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Submission must not contain or reference the likeness or image of any person including, but not limited to America’s Got Talent acts, hosts or judges. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, disparaging, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website. and the submission will not provide entrant an Entry into the Contest.
After receipt of the Entry, Sponsors or their representatives will notify entrant(s) if their Submission is accepted or rejected. Entrants whose Submissions are rejected may receive additional opportunities to submit an Entry, at Sponsor’s sole discretion. Entries must comply with all applicable laws, rules, and regulations. Contest Entities shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before July 9, 2019 at 9:00 AM PT to be eligible for the Contest. Sponsor’s computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
PRIVACY: Entrants will have the opportunity to receive information from Sponsor and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsor or our partners, please go to our privacy policy, located at https://www.nbcuniversal.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated.
SELECTION AND NOTIFICATION OF FINALISTS AND WINNER: There will be two (2) rounds of judging: Round 1: Initial Judging to Determine Finalists; Round 2: Public Voting to Determine Winner.
Round 1: Initial Judging to Determine Finalists: On or about July 15, 2019, one (1) or more qualified judges selected by Sponsor (“Judges”) will review all eligible Entries received during the Contest Period and select up to four (4) finalists (“Finalists”, each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Creativity (25%); Originality (50%); and Incorporation of the Dunkin’ and AGT Brands (25%). Each Finalist will advance to Round 2: Public Voting to Determine Winner, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Initial Judges will break the tie by selecting the tied entrant who received the highest points from the Initial Judges for Incorporation of the Dunkin’ and AGT Brands to advance to Round 2: Public Voting. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2: Public Voting. Sponsor reserve the right to pick fewer than 4 Finalists (or none at all) or to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in their sole discretion.
Round 2: Public Voting to Determine Winner: Beginning on or about July 22, 2019, the Finalists’ Entries will be posted on the Website in a randomized manner for public viewing and voting. On or about July 22, 2019 at 9:00 A.M. PT until July 29, 2019 at 9:00 A.M. PT, or on such other dates and at such other times as determined by the Sponsor in its sole discretion (the “Voting Period”), visitors to the Website may vote for his or her favorite Finalist according to Judging Criteria, voting rules, and procedures established by the Sponsor, which will be posted on the Website. Finalist who receives the most votes during the Voting Period, as determined by Sponsor in its sole discretion, will be the winner (“Winner”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described with regards to Finalists. The Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsor’s sole discretion, and any changes will be posted on the Website. Voting is currently limited to one vote per person during the Voting Period, but Sponsor reserves the right to change the limit on the number of votes, in its sole discretion. Notification regarding any such change will be announced on the Website. Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsor will award the Prize (defined below) to the runner-up Finalist, subject to verification of eligibility and compliance with these Official Rules.
PRIZE: There will be one (1) prize awarded (“Prize”) consisting of the following: A trip for Winner and up to one (1) guest (“Guest”) to a taping of America’s Got Talent (“Event”), currently scheduled to take place between September10, 2019 to September 11, 2019 (on such dates to be determined by Sponsor in its sole discretion), (“Trip”); and the approximate value of five Dunkin’ coffees per week for fifty-two (52) weeks (“Dunkin’ Coffee For A Year”), which will be awarded in the form of Dunkin’ Donuts gift cards.
Dunkin’ Coffee For A Year will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor Prize is subject to certain terms and conditions as specified by issuer.
Trip will include: round trip, economy class air transportation for Winner and up to one (1) Guest from a major commercial airport near Winner’s home (as determined by Sponsor in its sole discretion) to Los Angeles, California; two (2) nights standard hotel accommodations (one room, double occupancy, room and tax only) at a Los Angeles area hotel (“Hotel”) (as determined by Sponsor in its sole discretion); non-exclusive ground transportation to and from Hotel; admission to the Event for Winner and Guest.Guest must be ten (10) years of age or older as the start of the Contest Period. If Guest is a minor Winner must be such minor’s parent or legal guardian. PRIZE DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION OUTSIDE OF THAT DESCIRBED ABOVE.
Estimated Retail Value (“ERV”) of the Prize is Four Thousand Ninety-Eight dollars ($4,098). ERV of Trip is Three Thousand Five Hundred Dollars ($3,500). ERV of Dunkin’ Coffee For A Year is Five Hundred Ninety-Eight dollars ($598). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. If Prize includes a Trip, ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure.
Sponsor will determine all details of Prize in its sole discretion. Sponsor reserves the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsor’s sole discretion.
Winner must be able to travel September 10, 2019 through September 12, 2019 (or on such other dates designated by Sponsor in its sole discretion). The Trip awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsor’s choice. Certain travel restrictions and black out dates may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. Sponsor reserves the right to change the date and time of Event subject to production exigencies. If Winner chooses to attend the Event with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited. If any Guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in their sole discretion). Sponsor reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: THE CONTEST 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 ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the winner, available after August 12, 2019, visit nbc.com/designacup, or send a self-addressed, stamped envelope to be received by September 23, 2019 to: Dunkin’ Design A Cup, NBC Entertainment, a division of NBC West, LLC, 100 Universal City Plaza, 1360 Jules Stein Building, Universal City, CA 91608, Attn: Abbe Wood.
