Entenmann’s® Donuts “Standing Doughnation” Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Entenmann’s® Donuts “Standing Doughnation” Promotion (the “Promotion”) starts on May 20, 2020 at 12:00 a.m. Eastern Time (“ET”) and ends on June 18, 2020 at 11:59 p.m. ET (“Promotion Period”) The Promotion Period will be divided into thirty (30) daily entry periods (each, an “Entry Period”) with each Entry Period beginning at 12:00 a.m. ET and ending at 11:59 p.m. ET each calendar day. This Promotion is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram.
“Nominators” must be (i) legal residents of the fifty (50) United States or the District of Columbia; and (ii) 18 years of age or older as of date of entry. “Nominees” must be (i) legal residents of the fifty (50) United States or the District of Columbia; (ii) 18 years of age or older as of date of their respective Nominator’s entry; and (iii) currently employed at a hospital or healthcare facility as an essential healthcare professional. A Nominator must have a Nominee’s permission to enter him/her into the Promotion. Employees of Bimbo Bakeries USA, Inc. (“Sponsor”), Coyne PR, their respective parent companies, affiliates, subsidiaries, distributors, suppliers, and advertising and promotion agencies, and members of their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their households, whether or not related, are not eligible to be Nominators or Nominees. This Promotion is subject to all applicable federal, state and local laws. This Promotion is void where prohibited.
HOW TO ENTER:
During the Promotion Period, Nominators can nominate Nominees in one (1) of two (2) ways;
1) Twitter: Log-in to your Twitter account and follow @Entenmanns if you are not doing so already. Then, post a public tweet that tells us about an essential healthcare professional you’d like to nominate and applaud and tag @Entenmanns and include the hashtags #StandingDoughnation and #promotion in your tweet to enter (each, an “entry”);
2) Instagram: Log-in to your Instagram account and follow @Entenmanns if you are not doing so already. Then, publicly post a photo and corresponding caption that tells us about an essential healthcare professional you’d like to nominate and applaud and tag @Entenmanns and include the hashtags #StandingDoughnation and #promotion in your post to receive one (1) entry. A post to your Instagram Story will not count as an entry.
Please Note: The content of an entry will not be judged and will therefore not increase or decrease a Nominees chances of winning a prize.
Limit of one (1) entry per Nominator per day per platform throughout the Promotion Period. You may only use one (1) account for each social media channel to enter the Promotion. Entries received from any person or social media account in excess of the stated limitation will be void. Entries must be received by June 18, 2020 at 11:59 p.m. ET to be considered.
A Twitter or Instagram account is required to enter. A free account can be created at www.twitter.com or www.instagram.com. To enter the Promotion using a mobile device, you must have a service plan for your web-enabled mobile device with your wireless service provider and a device that supports the Twitter or Instagram application. Data rates may apply. See your wireless service provider for pricing plan details and capabilities.
Entries with incomplete or erroneous information, entries generated by script, macro or other automated or mechanical means and entries made by any means which subvert the entry process, are void.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by Sponsor, in its sole discretion, any content that:
- is defamatory, obscene, or otherwise unlawful, sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or profane or pornographic;
- promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people, or companies;
- contains intellectual property owned by others, without proper permission, or contains any personal identification, such as license plate numbers, street addresses or e-mail addresses;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities, athletes or other public or private figures, living or dead, without proper permission;
- duplicates any other entry in violation of these Official Rules; or
- violates any law.
By participation – each Nominator covenants, warrants and represents that their entry is their original work, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting an entry, Nominator covenants, warrants and represents that Nominator and any persons identifiable in the entry (including but not limited to the Nominee) consent to the submission and use of the entry in the Promotion and to its use, exploitation and exhibition and any other action of Sponsor with respect to the entry as set forth herein.
By submitting an entry, each Nominator hereby grants permission for the entry to be posted on Sponsor’s social and digital properties or other websites. Nominator agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and may remove a posted entry at any time.
By submitting an entry, each Nominator acknowledges and agrees that (a) Sponsor may obtain many entries in connection with the Promotion or other Promotions staged or promoted by Sponsor, (b) such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with the Promotion or entries for other Promotions sponsored by Sponsor or submitted for other reasons or other materials developed by or on behalf of Sponsor and (c) Nominator waives any and all claims entrant may have had, may have, or may have in the future that any entry or other works accepted, reviewed or used by Sponsor may be similar to Nominator’s entry, or that any compensation is due to Nominator in connection with such entry or other works used by Sponsor.
One (1) potential Grand Prize winner will be selected in a random drawing for each Entry Period from among all eligible entries received for each Entry Period (for a total of thirty (30) potential Grand Prize winners throughout the Promotion Period). Each Entry Period drawing will be executed approximately two (2) business days following the conclusion of each Entry Period. Odds of winning a prize depend on the number of eligible entries received throughout each Entry Period. Non-winning entries from one Entry Period drawing will not carry over to subsequent Entry Period drawings, if any. Random drawings will be conducted by Trymark Consulting Group, LLC, whose decisions are final on all matters relating to this Promotion.
Potential Grand Prize winner Nominator will be notified by Twitter or Instagram direct message to pass along the Nominee’s contact information and the Nominee will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), and execute any other documents required by Sponsor, including a copy of Nominee’s valid driver’s license, which must be returned within three (3) days from date of initial winner notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within three (3) days of winner notification or noncompliance with these Official Rules by potential winner will result in disqualification and, at Sponsor’s sole discretion, an alternate potential winner may be selected for the applicable prize. Note: The Nominee of an applicable potential winner entry must both respond and comply with the requirements outlined above prior to being deemed a confirmed winner. Failure of the Nominee of a selected potential winner entry to comply with the requirements above may result in the applicable entry being disqualified and Sponsor will have no further obligation to the applicable Nominee. Sponsor reserves the right to conduct background checks on potential Grand Prize winners after extending an initial winner notification without additional notice or further consent and potential Grand Prize winners agree to such background checks. Potential Grand Prize winners understand that Sponsor reserves the right to withdraw a potential Grand Prize winners’ eligibility to receive a prize based on the results of the background checks.
GRAND PRIZES (30) (One (1) awarded per Entry Period):
The Nominee of each Grand Prize entry will receive $500, awarded in the form of a check, and $70 worth of donuts awarded in the form of coupons. Approximate Retail Value (“ARV”) of Nominee portion of each Grand Prize: $570.00. Additionally, the hospital or healthcare facility where each confirmed Grand Prize Nominee is currently employed will receive a $500 donation from Sponsor in Nominee’s name (subject to confirmation and verification of hospital or healthcare facility as determined by Sponsor, in its sole discretion).
For the avoidance of doubt, the Nominators who submitted the winning Grand Prize Entries will not receive a prize.
Limit of one (1) prize per Nominee throughout the Promotion Period. Winners may not take only a portion of a prize and may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value. Winners are solely responsible for all applicable federal, state, and local taxes. All costs and expenses associated with the prize acceptance and use not specified herein as being provided are the sole responsibility of the winners.
WINNING HOSPITAL/HEALTHCARE FACILITY NOTIFICATION:
An authorized representative at the hospital or healthcare facility where each confirmed Grand Prize Nominee is currently employed may be notified by phone and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), and execute any other documents required by Sponsor, which must be returned within three (3) days from date of initial notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact an authorized representative at an applicable hospital or healthcare facility within three (3) days of initial notification may result in disqualification of the corresponding donation portion of the prize.
Released Parties (as defined below) are not responsible for incomplete, inaccurate, lost, late, stolen, garbled, undelivered, or misdirected entries or for inaccurate entry or Promotion information or for interrupted or unavailable network, server or other connections, miscommunications, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user’s computer equipment, programming used in this Promotion, or for computer, network, mechanical, electronic, printing, typographical, human or other error or problem relating to or in connection with the Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the announcement of the prizes, the processing of entries or in any Promotion-related materials and any acts or events. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Nominee or Nominator regarding this Promotion prior to the end of the Promotion Period.
By participating, each Nominator agrees (a) to release, discharge and hold harmless Sponsor, Coyne PR, Trymark Consulting Group, LLC, Instagram, Twitter, their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, and the respective directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages arising out of or relating to their participation in this Promotion or the acceptance, use, misuse or possession of any prize received in this Promotion, and the Released Parties’ use of any entry; (b) to abide by these Official Rules and decisions of Sponsor and judges which shall be final and binding in all respects; and (c) that each entrant grants to Sponsor and its designees a paid-up worldwide license to use (unless prohibited by applicable law) entrant’s name, voice, city, and state of residence, photographs and/or likeness for purposes of advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without limitation or additional compensation, notification or permission, except where prohibited by law; and, upon request, to provide consent to such use in writing. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing, uploading or downloading information in connection with this Promotion. Sponsor reserves the right, in its sole discretion, to modify or terminate the Promotion (or any portion thereof) should any virus, bug, technical failures, fraud, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Promotion, and, in the event of termination, suspension or cancellation, at its discretion, to void the entries at issue and/or terminate, cancel or suspend the Promotion and, if terminated, in Sponsor’s discretion, to select winner(s) in a random drawing for the Entry Period(s) at issue from all eligible, non-suspect entries received for the applicable Entry Period(s) prior to such termination. In the event of any such termination, cancellation or suspension, a notice will be posted on https://www.entenmanns.com/en/standing-doughnation-offical-rules. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to disqualify such person and void suspect entries and seek damages and other remedies (including attorneys’ fees) from him/her to the fullest extent permitted by law.
LICENSE/USE OF ENTRIES:
By submitting an entry, and to the extent allowed by law, Nominators grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse their entry, name, photo, essay, and biographical material including, but not limited to, all materials submitted in connection with the Promotion in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
Except where prohibited by law, as a condition of participating in this Promotion, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, USA.
For the names of the winners (available after July 10, 2020 visit https://www.entenmanns.com/en/standing-doughnation-offical-rules no later than August 10, 2020.
Bimbo Bakeries USA, Inc., 255 Business Center Drive, Horsham, PA 19044.