DQ® LUNCH LOVERS

Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID IN QUEBEC AND WHERE PROHIBITED. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK®.

 

The DQ® Lunch Lovers Promotion consists of a grand prize drawing (“Grand Prize Drawing”) and daily random drawings (“Daily Drawings”) (collectively, “Promotion”) and will commence at 12:00:00 AM Eastern Time (“ET”) on April 16, 2012 (the “Start Date”) and end at 11:59:59 PM ET on July 9, 2012 (the “End Date”) (the “Promotion Period”).  All dollar amounts referred to in these Official Rules are in U.S. currency.

 

1.      ADMINISTRATOR/SPONSOR. The Promotion is sponsored by American Dairy Queen Corporation (“Sponsor”) and will be administered by Brandmovers, Inc. (“Administrator”).

 

2.      ELIGIBILITY. The Promotion is open to legal residents of Canada (excluding Quebec), the United States, and the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (“Eligibility Area”) who are 18 years of age or older as of the commencement of the Promotion Period.  As of the start date of the Promotion Period, directors, officers, employees, agents and representatives of Sponsor, Sponsor’s franchisees, and Administrator, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, sole proprietorships or other legal entities or individuals associated with the development, administration, or fulfillment of this Promotion (collectively, the “Promotion Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Promotion. The Promotion is subject to all applicable federal, state, provincial, territorial, municipal, and local laws, regulations, and ordinances, and is void in Quebec, outside Canada, the fifty (50) United States, and the District of Columbia, and where prohibited by law.

 

3.      HOW TO PARTICIPATE.  NO PURCHASE NECESSARY.  During the Promotion Period, Entrants (“Entrants”) will have the opportunity to complete a series of three (3) Challenges (each, a “Challenge”), as defined in section 3A below, during each Entry Period,  (“Entry Period”) as further defined in section 4.  To participate, Entrant must be a registered member of Facebook.com.  If a user does not have a Facebook Account, they can go towww.Facebook.com and register for an account for free. Registration for and use of the www.facebook.com system and other Facebook applications are subject to Facebook’s terms and conditions, and Sponsor has no responsibility with respect to such registration or use.  To enter, go to the DQ® Fan Page at www.facebook.com/dairyqueen during the Promotion Period and click on the Lunch Lovers tab (“Promotion Application”).  If you are not already a fan of the DQ® page on Facebook, you must click on the "Like" button to access the Promotion Application and then follow the on-screen instructions to participate in the first Challenge and register with Sponsor by completing all required fields and electronically agree and accept these Rules (collectively, “Entry”).

 

A)    Challenges:  One (1) time per Entry Period, Entrants who successfully complete the three (3) Challenges can receive up to eighty (80) entries for the Daily Drawings and Grand Prize Drawing broken down as follows:

a.       Challenge One – by completing Challenge One, Entrant will receive five (5) entries

b.      Challenge Two – by completing Challenge Two, Entrant will receive twenty-five (25) entries

c.       Challenge Three – by completing Challenge Three, Entrant will receive fifty (50) entries

 

B)    Challenge Entry Criteria: By submitting an entry, you understand and agree that, as part of the Promotion, your entry may be displayed in the Promotion Application and will be viewable by all persons who access the Promotion Application.  IF YOU ARE UNCOMFORTABLE WITH THE POSSIBLE DISPLAY OF YOUR ENTRY TO THE PUBLIC AT LARGE IN THIS MANNER, DO NOT ENTER THE PROMOTION.

 

Your entry may not contain any content that Sponsor, in their sole discretion, determines to be:

a.       vulgar, offensive, sexually explicit, profane or pornographic;

b.      derogatory of any race, ancestry, place of origin, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;

c.       violent or promotes the use of alcohol, illegal drugs, tobacco, gambling, firearms, weapons, prescription drugs, gasoline, or promotes unsafe activities;

d.      promotes any political agenda or message;

e.       contains copyrighted materials owned by others (including music, lyrics, or images published on or in websites, television, movies or other media) without permission; or contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without permission;

f.       contains any personal identification, such as persons' names, email addresses, street addresses or license plate numbers;

g.      contains the names or likeness of any person without their permission; contains look-alikes of celebrities or other public figures;

h.      communicates messages or images inconsistent with the positive image of the Dairy Queen® name and brand; or

i.        violates any rules of Facebook,  or any applicable law.

 

Sponsor reserves the right to reject any entry which Sponsor determines, in their sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsors' image and reputation. Sponsors reserve the right to remove any Entry without prior notice.

 

By submitting an Entry in this Promotion, you represent, acknowledge and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to transfer and assign to the Sponsors all rights in the Entry; (c) your Entry is your own original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry meets the criteria above; (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the rights of any third person or third party; g) you further waive any "Moral Rights of Authors" (Droit Moral) or similar rights you may have in your Entry; and (f) Sponsors may obtain many entries in this Promotion and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Promotion or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsors and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.

 

By submitting an Entry, you grant Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to display your Entry without compensation in accordance with these Official Rules, without limitation or restriction, throughout the universe, in perpetuity, in any and all formats and media, now known and hereafter devised, and the advertising, promotion, and publicity of the sweepstakes.

 

By entering, you understand and agree that your Entry may be posted on www.facebook.com/DairyQueen for viewing.

 

  1. PRIZES.  There are two hundred and fifty seven (257) prizes (“Prizes”) available to be won in this Promotion as follows:

Daily Drawing Prizes: There will be a total of two hundred and fifty two (252) daily drawing prizes awarded.  Each day, three (3) Daily Drawing Winners (each, a “Daily Drawing Winner”) will be randomly chosen from all eligible Entrants in a random Daily Drawing during each of the Entry Periods, as defined below, beginning on Monday, April 16, 2012 and ending on Sunday, July 8, 2012.  Each Daily Drawing Winner will receive one (1) free Dairy Queen lunch (Approximate Retail Value “ARV” of $7 USD each). 

Entry Periods: There will be six (6) Entry Periods during the Promotion Period. Non-winning entries from each Daily Drawing will be automatically added to the next scheduled drawing within each Entry Period, however they will not carry over into subsequent Entry Periods.  Participants will be required to submit a new Entry for each Entry Period. However, all non-winning entries from each Entry Period will be eligible for the Grand Prize Drawing.

The Entry Periods are as follows:

 

Entry Period

Entry Period Begins 
12:00:00 AM ET

Entry Period Ends 11:59:59 PM ET

Number of Daily Winners in Entry Period

First

April 16, 2012

April 29, 2012

42 Daily Winners

Second

April 30, 2012

May 13, 2012

42 Daily Winners

Third

May 14, 2012

May 27, 2012

42 Daily Winners

Fourth

May 28, 2012

June 10, 2012

42 Daily Winners

Fifth

June 11, 2012

June 24, 2012

42 Daily Winners

Sixth

June 25, 2012

July 8, 2012

42 Daily Winners

TOTAL

 

 

252 total daily winners

 

Grand Prize Drawing: There will be a total of five (5) Grand Prizes awarded.  On or about July 16, 2012 (“Grand Prize Drawing”) five Grand Prize Winners (each, a “Grand Prize Winner”) will be randomly chosen from all valid entries received during the Promotion Period.  Each Grand Prize Winner will receive free Dairy Queen® lunch for a year in the form of one (1) $350 gift card (ARV $350 USD each). Potential Grand Prize Winners will be notified within seven (7) days of the drawing date via phone, e-mail or certified mail.  Limit of one (1) Grand Prize per valid email address.

 

There is a limit of 480 total entries possible for the duration of the Promotion Period.  Any Entrant who attempts to participate with multiple e-mail and/or street addresses, under multiple identities or uses any device or artifice to enter multiple times in violation of applicable Entry limitations may be disqualified.  Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents will void all Entries made by, or associated with, the applicable Entrant.  In the event of a dispute over who submitted an Entry, the authorized subscriber of the e-mail account provided in connection with the Entry, as of the actual time of Entry, will be deemed to be the Entrant.  The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  A selected, or potential winning “authorized account subscriber” may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the applicable Entry.

 

This Promotion is not sponsored, endorsed or administered by Facebook.  All information submitted by participants in connection with this Promotion is being submitted to Sponsor, not Facebook.  Any questions, comments or complaints regarding the Promotion must be directed to Sponsor and not Facebook.  To the extent of any conflict between these Official Rules and Facebook terms, guidelines or policies, these Official Rules will apply.

 

5.  WINNER NOTIFICATION.  Sponsor will attempt to notify potential Daily Winners and Grand Prize Winners (collectively, “Winners”) by the phone number and/or e-mail address provided in connection with the prize winner’s entry at Sponsor’s discretion. Awarding of prize is subject to verification of potential winner's eligibility and full compliance with these Official Rules.  Except where prohibited, the selected potential winner may be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liabilities/Publicity Release Form (“Affidavit and Release”) or, if a resident of Canada, a Declaration of Compliance and Publicity Release (“Declaration of Compliance”), within seven (7) days of notification. Failure to return the signed Release within seven (7) days following the date of delivery thereof may result in forfeiture of the prize. Before being declared a winner, residents of Canada must also correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by Sponsor or Sponsor’s agent at a mutually agreeable time by telephone or by email. In the event that the potential winner cannot correctly answer the skill-testing question within the time limit specified by Sponsor, such potential winner will be disqualified and an alternate winner may be selected, who will be subject to disqualification in the same manner. All prizes awarded are subject to verification by Sponsor and the eligibility requirements set forth in these Official Rules. If a potential winner cannot be contacted as specified above, or if he/she fails to return the signed Affidavit and Release or Declaration of Compliance by the deadline specified above, or if a potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified and an alternate winner may be randomly selected in his/her place from among all remaining eligible entries.  Up to three (3) alternate winner drawings will be conducted for each prize, after which the prize will remain unawarded.

 

ODDS OF WINNING WILL BE DETERMINED BY THE TOTAL NUMBER OF ENTRIES RECEIVED PER DRAWING.

 

All Prizes will be awarded in local currency.  All gift certificates and/or gift cards awarded pursuant to this Promotion shall be subject to the terms and conditions of the applicable certificates and cards, and the laws and regulations of the winner’s jurisdiction of residence. The ARV of all Prizes awarded in connection with the Promotion is $3,514.00 in local currency.Sponsor will not replace any lost or stolen Prizes. Winners may not substitute, assign or transfer Prizes or redeem Prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or any portion thereof) with one of comparable or greater value if Prizes cannot be awarded as described.  Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover Prizes at its sole discretion.  Additional restrictions may apply.  Please allow 8-10 weeks for delivery of prize.

 

6.  GENERAL.  Entrants agree to these Official Rules and to all decisions of Sponsor or 
Administrator, which are final and legally binding in all respects, and further agree that Prizes are awarded upon the condition that the Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of Prizes, participation in this Promotion, and participation in any Promotion-related activities, and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any Prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose. As a condition of participating in this Promotion and winning a Prize, Entrants agree that (1) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or Prize awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.

 

Any personal information collected will be used by Promotion Entities solely to administer this Promotion and will not be used or disclosed for any other purpose without the consent of the applicable Entrant unless required by law. By entering this Promotion, each Entrant agrees that Sponsor and Administrator have the right to contact Entrant by telephone, email or regular mail as set forth by these Official Rules.

 

Sponsor reserves the right, in its sole discretion to cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website or any portion thereof). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees, agents, successors or assigns, are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or the Website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Entrant's ability to participate and/or redeem any Prize in the Promotion.  Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the 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 Entrants to the fullest extent of the law.

 

7.  DISPUTE RESOLUTION: Except where prohibited, participants agree that: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant(s), Sponsor, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Promotion, or awarding of the Prizes, shall be filed only in the state or federal courts located in the State of Minnesota and the participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, the participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

 

8.   PRIVACY: Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Promotion for the purposes of administering the Promotion and Prize fulfillment.  By entering this Promotion you consent to the collection, use, disclosure and management of your personal information for the purposes of administering this Promotion.  All personal information that participants submit will be subject to Sponsor’s privacy policy.  In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s full on-line privacy policy please visit http://www.dairyqueen.com/us-en/privacy-statement/.  Information collected by Sponsor in connection with this promotion will be maintained on servers located in the United States.

 

9.   WINNER NAMES AND OFFICIAL RULES: For the names of the Winners and/or a copy of these Official Rules, eligible entrants residing in the U.S. may send a self-addressed stamped envelope to: Dairy Queen Lunch Lovers, 212 3rd Avenue North #150, Minneapolis, MN 55401 USA. All requests for a copy of the Official Rules and the names of winners must be made by December 31, 2012. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the names of “Prize Winners.”

 

10. SPONSOR: American Dairy Queen Corporation, 7505 Metro Blvd, Minneapolis, MN 55439.

 

Facebook, its subsidiaries and affiliated companies do not endorse, sponsor, and are not otherwise affiliated with this promotion in any manner. Any and all registered names used in this contest are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.