DUck DONUTS Perfect HOLIDAY ADVENTURE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
DESCRIPTION: The “Duck Donuts Perfect Holiday Adventure” Sweepstakes (the “Sweepstakes”) begins on or about November 16, 2023, at approximately 9:00 am Eastern Time (“ET”) and ends on November 26, 2023, at approximately 11:59 pm EST (the “Sweepstakes Period”). To enter, eligible entrants must: post an original video that complies with the “Submission Guidelines” (defined below) to their Instagram or TikTok account. If an entrant submits a Video Submission (defined below), the entrant will be entered into Sponsor’s Contest (the “Contest”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Duck Donuts Holdings LLC 1215 Manor Dr Mechanicsburg, PA 17055 (“Sponsor”), which shall be final and binding in all respects.
HOW TO ENTER:
- To enter, eligible entrants must: (i) create an original video that describe why the entrant loves Duck Donuts; (ii) post the video on the entrant’s Instagram or TikTok account and using the hashtags #PerfectHolidayAdventureSweepstakes and #duckdonutssweepstakes; (iii) follow the Sponsor’s Accounts account (@duckdonuts and @strawberryshortcake). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. The Video Submission must meet the following “Video Submission Requirements”: (i) other than music obtained through the social media service, the Video Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; (ii) only the entrant should appear in the Video Submission, but if anyone other than the entrant appears in the Video Submission, the entrant must obtain written permission from that person or those people to include them in the video and for Sponsor to exercise the rights in Section 7 of these Official Rules, and if Sponsor asks to see the written permissions, the entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Video Submission, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Video Submission to remain in Sweepstakes); (iii) the Video Submission must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable; and (iv) the Video Submission must not include any products from other quick service restaurants or Sponsor’s competitors. Each entrant’s social media account must be public to enter the Sweepstakes. Social media posts must be public to enter the Sweepstakes. Video Submissions must be published as “public posts” to be eligible to enter. Please note: All entrants who submit a Video Submission will be entered into the Sweepstakes. The Official Rules for the Contest can be found here: link to DD sweepstakes landing page – in creation
WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, the winner will be selected from all eligible entries received throughout the Sweepstakes Period. The Sponsor will select the winner based on creativity, delivery and relevance. The Winner will be subject to verification and compliance with these Official Rules. The potential winner will be notified by direct message on the social network used to enter. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner. Sponsor may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
PRIZES/ODDS: One winner will be selected to receive the following prizes for she/himself and a guest:
a. Travel expense based on location and distance from Mechanicsburg, PA.
b. Two-night stay at XXX Hotel on Wednesday December 13 and Thursday, December 14, 2023.
c. Complimentary lunch on Thursday, December 14, 2023
d. Transportation to all activities including transportation to and from Harrisburg International Airport is necessary.
e. Private screening of Strawberry Shortcake Perfect Holiday special at Sponsor’s Headquarters
The total Approximate Retail Value (“ARV”) for all Sweepstakes Prizes is $3,000. The Sponsor’s will purchase airfare, transportation and hotel reservations on behalf of winner. No alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s). Many will enter, only one will win. Actual odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. The prizes are non-assignable and non-transferable. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. The winner is to reside in the United States of America and be 18 years of age or older. Residents of Alaska, Hawaii and Rhode Island are excluded from entry.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
RIGHTS IN SUBMISSIONS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Sponsor, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Sweepstakes.
PUBLICITY RELEASE. Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Sponsor to use each winner’s Submission and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Sponsor, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each entrant represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission meets the Submission Requirements and does not and will not violate any applicable laws and is not and will not be defamatory or libelous. Each entrant agrees to indemnify the Sweepstakes Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Sweepstakes.
CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. The Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Sweepstakes and/or by accepting any prize that they may be awarded, entrants agree to release the Sweepstakes Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of the prize. The Sweepstakes Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submission, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Submission or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. The Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Sweepstakes. Sponsor may prohibit you from participating in the Sweepstakes if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other entrants or Sponsor representatives and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winners in a random drawing from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Sweepstakes does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Sweepstakes Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sweepstakes Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sweepstakes Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE. The Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and the Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
GOVERNING LAW/JURISDICTION/DISPUTES. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF PENNSYLVANIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.As a condition of participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
SOCIAL NETWORK RELEASE AND DISCLAIMER. Each entrant acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. By entering the Sweepstakes, each entrant is providing information to the Sponsor and not to Instagram or TikTok. By entering the Sweepstakes each entrant hereby releases and agrees to hold harmless Instagram or TikTok completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Sponsor and not Instagram or TikTok. By participating via Instagram or TikTok platform, entrants are also subject to Instagram or TikTok’s privacy policies and terms of service.