Dunkin' Donuts You Kin' Do It Sports Moment Contest

You Kin’ Do It Sports Moment Contest
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

1. Eligibility: You Kin’ Do It Sports Moment Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including D.C.) who are at least eighteen (18) years old at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. Employees of Dunkin’ Brands, Inc., Yahoo! Inc., ePrize, LLC, and each of their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Sponsors: Dunkin’ Brands, Inc. as Master Servicer and DB Adfund Administrator LLC and Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on June 24, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on August 18, 2009 at 11:59 p.m. ET (the "Contest Period") and consists of three (3) phases as set forth in the chart below.

Phase	Starts at 12:00 a.m. ET	Ends at 11:59 p.m. ET
Submission	June 24, 2009	July 28, 2009
Judging	July 29, 2009	July 31, 2009
Voting	August 1, 2009	August 12, 2009
Finalist Selection	August 13, 2009	August 18, 2009

The Submission Phase is further comprised of five (5) weekly entry periods (each a "Weekly Entry Period"). Each Weekly Entry Period begins at 12:00 a.m. on Wednesday and ends at 11:59 p.m. ET the following Tuesday. Administrator’s computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission Phase, visit http://dunkindonuts.promo.eprize.com/youkindoit/ and follow the links and instructions to register for the Contest. Complete the registration, including a valid home mailing address. P.O. Boxes are not permitted. Submit one (1) essay of your “You Kin’ Do It” sports moment and upload an optional photo describing your “You Kin’ Do It” sports moment in order to receive one (1) entry into the Contest (the “Submission”). If you do not wish to upload a photo you may select one of the photos provided on the upload entry form. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsors, in their sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:

The Submission must be in text format;
The Submission must not exceed 5 MB in size;
The photo must be in .jpg, .png, or .gif format;
The Submission must be 150 words or fewer in length;
The Submission must be in English; and
The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.

Content Restrictions:

The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Submission must not disparage Sponsors, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
The Submission must not feature brand names or trademarks other than the Dunkin’ Donuts® mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
The Submission must not contain text not created by entrant;
The Submission must not contain text that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain text 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; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

For All Submissions: Limit: You may submit one (1) Submission per Weekly Entry Period during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsors, entrant must be able to provide such permissions in a form acceptable to Sponsors. Uploading a Submission constitutes entrant’s consent to give Sponsors a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsors or their designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest 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. The entrant may be required to show proof of being the authorized account holder.

6. Winner Determination: Winners will be determined according to the process set forth below.

(a) Judging Phase: At the conclusion of each Weekly Entry Period, a panel of qualified judges determined by Sponsors in their sole discretion will select the one (1) entrant with the highest scoring Submission (a “Finalist”) from among all eligible Submissions submitted for that Weekly Entry Period based on the following criteria (“Judging Criteria”):

Fit to Contest Theme/Inspirational (70%);
Appropriatness (15%); and
Articulation (15%)

In the event of a tie, the entrant whose Submission received the highest score in the Fit to Contest Theme, as determined by the qualified judges in their sole discretion, will be deemed the applicable Finalist. Sponsors reserve the right to select fewer than five (5) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

(b) Voting Phase: During the Voting Phase, the Finalists’ Submissions will be posted in an online gallery for public voting at http://dunkindonuts.promo.eprize.com/youkindoit/. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is best in regards to fit to contest theme and articulation. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address after the first vote received from that person or email address will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsors in their sole discretion. Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. Each of the five (5) Finalists will be deemed First Prize winners. In the event of a tie, the entrant whose Submission received the highest score in the Fit to Contest Theme, as determined by the qualified judges in their sole discretion, will be deemed the potential Grand Prize winner. Sponsors reserve the right to award fewer than the stated number of prizes, if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Submissions. Sponsors also reserves the right, in their sole discretion, to select an alternate Grand Prize winner should the voting appear to have been tampered with or manipulated in any way.

For the Voting Phase: Multiple voters are not permitted to vote more than one (1) time per day. Any attempt by any voter to submit more than the stated number of votes will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void.

7. Winner Requirements: Potential winners will be notified by mail, email or phone on or around August 13, 2009. The potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period (if applicable), is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsors’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsors and its designees may use the winner’s, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsors the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsors shall not be obligated to use the Submission and that Sponsors in their sole discretion shall have the right to refrain from using the Submission. Sponsors shall not incur any liability whatsoever to the extent Sponsors chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsors, Released Parties (as defined in Section 9, below) and any licensee of Sponsors against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

8. Prizes: ONE (1) GRAND PRIZE: A Trip for two (2) to Boston, MA to watch a New England Patriots game on Septemeber 14, 2009. Trip package includes roundtrip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Boston, MA; three (3) days and two (2) nights accommodations at the Sheraton Boston Hotel (single room, double occupancy); an opportunity to be a guest host along with Ashley Russell in the Y! Sports Minute to be shot at the Patriots home field; two (2) tickets to the New England Patriots game on September 14, 2009 (seat location will be determined by Sponsor in its sole discretion); $250 car allowance; and $1,000 spending money. Winner must travel on September 13, 2009 and return on September 15, 2009 or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if guest host appearance or the New England Patriots game on September 14, 2009 is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $4,100. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. .

FIVE (5) FIRST PRIZES: $100 Dunkin Donuts Gift Card (terms and conditions apply). ARV: $100.

For All Prizes: Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsors, in their sole discretion, determines otherwise. Sponsors reserve the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) First Prize per person. All prize details are at Sponsors’ sole discretion.

9. Release: By participating, entrant agrees to release and hold harmless the Sponsors, Administrator and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. If terminated Sponsors may, in their sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsors, in their sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: This Contest is governed by the laws of the United States. All federal, state and local laws and regulations apply. By participating in this Contest, entrants agree that teleased Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsors’ Privacy Policies (http://www.dunkindonuts.com/help/Privacy.aspx) and (http://info.yahoo.com/privacy/us/yahoo/details.html).

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than November 19, 2009. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.