Dunkin’ JOY Run Official Rules and Waiver

Terms of Service

This is the official rules and waiver for the Dunkin Joy Run

  1. Eligibility

The “Dunkin’ JOY Run” virtual fundraising run (“Run”) is open to any individual located in the continental United States. This individual must be (a) over the age of 18 however, minors may participate with parent or guardian approval, and (b) a legal U.S. resident (“Participant”). Participants have the option of creating teams (“Team”) to participate in the Run. This virtual fundraising run is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. Participation in the Run constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Run. 

  1. Sponsor, Administrator, Gift Partners

The Run is sponsored by The Joy in Childhood Foundation (dba Dunkin’ Joy in Childhood Foundation) (“Sponsor”) located at 130 Royall St, Canton, MA 02021. The registration and fundraising for the Run is being hosted online by Handbid, Inc. (“Administrator”).  Discount codes and/or products for registration/fundraising incentives were gifted to the Sponsor by Saucony, Goodr and Crocs (“Gift Partners”). Gift Partners are not sponsors of the Run or otherwise affiliated with the Sponsor. The logos and other identifying marks are trademarks of and owned by each Gift Partner and/or its affiliates. Please visit each Gift Partner’s website for additional terms and conditions in regards to discount codes.

  1. Agreement to Official Rules

By participating in this Run, you (or your parent/legal guardian if you are a minor) agree that: (1) you have read and understand the Official Rules; (2) you meet the eligibility requirements as explained in the Official Rules; and (3) you unconditionally accept and agree to comply with and abide by the decisions of Sponsor, whose decisions shall be final and binding in all respects.  Receiving an incentive is contingent upon fulfilling all requirements set forth herein.

  1. Registration Period

Participants can register online at http://events.handbid.com/fundraisers/dunkin-joy-run beginning May 20, 2020 at 12:00 a.m. Eastern Time (“ET”) and ending June 30, 2020 at 11:59 p.m. ET (“Registration Period”). Each Participant must pay the registration fee and agree to these Official Rules and Waiver. Administrator’s website is the official time-keeping device for this Run in regards to the Registration Period. At the time of registration, Participants have the option to create Teams. Participants will also be prompted to become fundraisers however there is no obligation beyond the registration fee.

  1. Fundraising Period

Participants and Teams must complete their fundraising between May 20, 2020 at 12:00 a.m. Eastern Time (“ET”) and July 15, 2020 at 11:59 p.m. ET (“Fundraising Period”) to be eligible for Fundraising Incentives. All monies raised must be submitted on http://events.handbid.com/fundraisers/dunkin-joy-run, the official website hosted by the Administrator. No cash or checks accepted. Administrator’s website is the official time-keeping device for this Run in regards to the Fundraising Period. 

 

  1. Details for Registration

Participants must log onto http://events.handbid.com/fundraisers/dunkin-joy-run and complete the registrations fields, choose a club level and pay the registration fee to participate in the Run. 

The club levels are outlined below:

Dunkin’ Runner: 

  • $65.00 registration fee 
  • Set a personal goal of completing 100 miles during the month. 
  • Eligible for Registration Incentives. Eligible for Fundraising Incentives, only if signed up as a fundraiser. Fundraising goals are exclusive of the registration fee.
  • Receives an official Dunkin’ Runner t-shirt. 
  • Receives an electronic certificate of completion post-event and a commemorative window cling.

Original Brew Crew: 

  • $35.00 registration fee
  • Eligible for Fundraising Incentives, only if signed up as a fundraiser. Fundraising goals are exclusive of the registration fee.
  • Receives an electronic certificate of completion post-event and a commemorative window cling.

Munchkins® Miler:  

  • $10.00 registration fee, must be registered by a parent or legal guardian.
  • Eligible for Fundraising Incentives, only if signed up as a fundraiser. Fundraising goals are exclusive of the registration fee.
  • Receives an electronic certificate of completion post-event and a commemorative window cling. 
  • Receives a Thank you email from Cooper, Chief Joy Officer of the Joy in Childhood Foundation.

 

  1. Details for Fundraising

Participants must have registered as a fundraiser by the end of the Registration Period to be eligible for the Fundraising Incentives. All fundraising monies need to have been submitted on the official website during the Fundraising Period to be eligible for these Fundraising Incentives as outlined in Section 11. Registration fees do not count towards fundraising.

  1. Details for Mileage Challenge 

Dunkin’ Runners that submit a photo to runonjoy@dunkinbrands.com will appear on Sponsor’s electronic billboard located in the metro Boston area in early August for a minimum of one hour. 

  1. Registration Incentives

The first 1,000 Participants (except Munchkins® Milers) to register online during the Registration Period will receive a Dunkin’ Joy in Childhood Foundation virtual swag bag, which includes discount codes from some of our Gift Partners. 

The first 50 Participants to register at the Dunkin’ Runner club level during the Registration Period will receive a pair of Goodr sunglasses.

  1. Fundraising Incentives 
  1. For the first $100.00 raised by each Participant they will receive one pair of  Dunkin’ Joy Run shoelaces 
  2. For the first $250.00 raised by each Participant they will receive one Dunkin’ Joy Run  baseball hat
  3. For the first $500.00 raised by each Participant they will receive one Dunkin’ Joy Run travel coffee mug
  4. For the first $1,000.00 raised by each Participant they will receive one Dunkin’ Joy Run half zip sweatshirt
  5. For the Participant that raises the most money during the Fundraising Period they
    1. Will be recognized on Sponsor’s social media channels
    2. Will receive a Dunkin’ Joy in Childhood Foundation merchandise swag bag
    3. Will receive a “Coffee for a Year” prize pack which includes Dunkin’ for a year awarded as $598.00 in Dunkin’ gift cards (Dunkin’ for a year is defined as five (5) medium coffees per calendar week), (Based on one medium hot coffee SRP $2.25 a week for 52 weeks, $598.00) 
  6. For the Team that raises the most money during the Fundraising Period 
    1. They will be recognized on Sponsor’s social media channels
    2. Each Participant of the Team will receive a Dunkin’ Joy in Childhood Foundation merchandise swag bag.
    3. A total of $200.00 in Dunkin’ gift cards to be distributed amongst the Team.

 

  1. Incentive Recipients Requirements

All potential incentive recipients must comply with all terms and conditions of these Official Rules; and receiving an incentive is contingent upon fulfilling all requirements. The incentive recipients will be notified by Sponsor via email by July 24, 2020. If potential incentive recipients are disqualified for any reason, the incentive may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Acceptance of any incentive shall constitute and signify each incentive recipients’ agreement and consent that Sponsor and its designees may use the incentive recipients’ name, city, state, likeness, and/or incentive information regarding the Run 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. Incentives will be fulfilled on a rolling basis starting June 3, 2020 through September 30, 2020 via ground shipping to the address that was provided by the Participant during the registration process or via email using the email provided during registration. 

  1. Publicity

Except where prohibited, participation in the Run constitutes Participant’s consent for the Sponsor and the Sponsor’s designees to use Participant’s name, incentive information, likeness, city and state of residence for promotional purposes in any media without further consideration.

  1. General Conditions

If for any reason, the Run is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Run, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Run, and select the winners, from the registrations received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. The Sponsor reserves the right in its sole discretion to disqualify any Participant it finds to be tampering with the registration process or the operation of the Run or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Run may be in violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

Terms and conditions of gift cards and discount codes may apply. No cash equivalent and all incentives are non-transferable (except coupons) and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute an incentive for one of equal or greater value if the designated incentive should become unavailable for any reason.  Incentive Recipients are responsible for all taxes and fees associated with incentive receipt and/or use. 

If Participants choose to utilize a running/tracking application, such as Strava, to track their mileage, Participant’s use of the app is subject to the third-party applications’ terms and conditions and privacy policy and the Sponsor has no formal affiliation or partnership with any third-party running/tracking application. 

  1. Release and Limitations of Liability

Except where prohibited, by participating in the Run, Participant agrees to release and hold harmless Sponsor and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, gift partners, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Run or use of the incentive, including, but not limited to: (a) unauthorized human intervention in the Run; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Run or the processing of registrations; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s in the Run. Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Run and in no event shall the Released Parties be liable for attorney’s fees. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  1. Disputes

Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Run or its associated winner selection and/or notification (the ” Run Administration”) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District on Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Run, but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for and Participant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Run, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.

Dunkin’ Joy Run – Waiver and Release

I agree that The Joy in Childhood Foundation (“JICF”), and Dunkin Brands Inc., (“Dunkin’”) and all of their respective officers, employees, directors, representatives, agents, affiliates and sponsors, gift partners (collectively “Released Parties”) shall not be liable for, and shall be released, discharged and held harmless by me against, all personal injury, property damage and wrongful death arising in whole or in part, directly or indirectly, from my participation in the Dunkin’  Joy Run virtual run and fundraising event (“Run”) and its associated activities taking place from May 20, 2020 through July 15, 2020.

It is the purpose of this agreement to exempt, waive and relieve the Released Parties from liability for my personal injury, property damage and wrongful death, including if caused by negligence, including the negligence, if any, of the Released Parties.

  1. Liability

For and in consideration of my registration in the Run, I waive, release and relinquish any and all claims for liability and cause(s) of action, including but not limited to claims for liability and cause(s) of action for personal injury, property damage or wrongful death occurring to me, arising out of my participation in Run and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that I may have are hereby waived, released and relinquished, and I do so on behalf of my spouse, family, heirs, executors, administrators and assigns.

I agree if any claim for my personal injury or wrongful death is commenced against the Released Parties, I shall defend, indemnify and save harmless the Released Parties from any and all claims or causes of action by whomever or wherever made or presented for my personal injuries, property damage, or wrongful death.

  1. Virtual Running

I know that running in a Run that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place from the Released Parties and is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I will not participate in a virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained.  I further agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html.  I attest that if my community, state or town has a shelter in place order, that I will only participate in the virtual event by using a personal treadmill, and I will not run outside during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not in the road.  I agree to follow the rules of the road if no sidewalk or multi-use trail is available and I will run against oncoming traffic and not with traffic. 

I agree to abide by any decision of the Released Parties relative to any aspect of my participation in this virtual event, including the right to deny or suspend my participation for any reason whatsoever.  I attest that I have read the terms in this waiver, the timeline of the virtual event, and agree to abide by them.  I assume all risks to me associated with running on my own as part of this virtual activity, including but not limited to: falls, contact with other pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known or unknown and appreciated by me when out running on my own without any type of support from local officials or event organizers.

I understand that this Run does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the Run is cancelled before the Run and my registration is nontransferable.

  1. Photo Release

I agree that still and moving images of me may be taken by employees, agents, or representatives of Dunkin’ or the JICF and/or any photos I post online in association with my participation in the Run that tag @joyinchildhood or use the hashtag #dunkinrun, #runonjoy, #dunkinjoy run or #bringjoy (“Photographs”) are available for use by Dunkin’ or the JICF. I understand that the Photographs may be used in connection with JICF or Dunkin’s fundraising and marketing campaigns and hereby irrevocably and without reservation of rights grant to JICF and Dunkin’  and its licensees, agents, distributors, successors and assigns in perpetuity throughout the universe the unconditional and exclusive right to broadcast, distribute, exhibit, advertise, promote, publish, webcast, and otherwise use and commercially exploit the Photographs by any and all means, media, devices, processes and technology, whether now known or hereafter developed, including, without limitation, print advertising and promotions, television, internet, publishing and merchandising.  JICF and Dunkin’  shall be the exclusive owner of all right, title, and interest to the Photographs, without further consideration to and free of all claims and demands from me, and I agree that no use of the Photographs by  JICF and Dunkin’ shall constitute any invasion of or intrusion onto my privacy. To the extent, the Photographs constitute copyrightable works; JICF and Dunkin’ shall be the exclusive owner of all right, title, and interest thereto. I hereby assign all right, title and interest I have, if any, to the Photographs to JICF and Dunkin’.

I grant permission to all the foregoing to use my photographs, which I may share online as part of the event, personal data provided during registration and post-event reporting, video or audio recordings, or any other record of this event for any legitimate purpose.   

  1. Third-Party links

The Run may link to, interact with or be available on websites, platforms, and services or products operated and owned by third-parties (“Third Party Services”) such as social media providers and third-party devices.  If you independently choose to use a third-party application to track your mileage, such as Strava, we are not affiliated nor do we have partnerships with any of these applications and they have different terms and privacy policies. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.

Third Party Services may also link to the Run in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Released Parties occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.

The Run may allow you to post to or otherwise interact with certain Third Party Services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”).  Logging in or directly integrating these, Social Networking Services with the Run may make your online and mobile experiences richer and more personalized.  To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers.  As part of this integration, the Social Networking Services will provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with the Dunkin’ Privacy policy posted at dunkindonuts.com and JICF privacy policy posted on bringjoy.org.  Please remember that the way Social Networking Services use, store, and disclose your information is governed solely by the policies of those third parties that operate those Social Networking Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services.  In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services.  As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

You are responsible for providing the equipment and services that you need to access and use the official Run website. We do not guarantee that the Run website is accessible on any particular equipment or device or with any particular software or service plan.

  1. On-going communications

From time to time, the Released Parties may communicate to Participants updates on the Released Parties’ fundraising and charitable activities.  These communications may be communicated using various means including electronic communication, email, SMS text messages or direct mail. To opt-out of Released Parties email communications, click on the unsubscribe link within the Released Parties email communication.

  1. Incentive Fulfillment

The Released Parties uses third-party vendors for operation and management of the merchandise that is mailed to Participants. These vendors are not owned or operated by the Released Parties, and we do not control and are not responsible for the privacy practices of the vendors. The vendors have separate policies and terms. 

  1. Jurisdiction

This Release shall be construed in accordance with and governed by the substantive laws of the Commonwealth of Massachusetts, without reference to principles governing choice or conflicts of law. In addition, I agree that all lawsuits against the Released Parties relating directly or indirectly to the Run must be maintained in state courts sitting in Middlesex County, Massachusetts, or federal district courts sitting in the District of Massachusetts, and I consent and agree that jurisdiction and venue for such proceedings shall lie exclusively with such courts.

In the event that any provision of this Agreement shall be adjudicated to be void, illegal, invalid, or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, and each of such remaining terms and provisions shall be valid and enforceable to the fullest extent permitted by law.

YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE REGISTRATION.   

By agreeing to this I acknowledge I having read this waiver and knowing these facts and in consideration of your accepting my registration, I, for myself and anyone entitled to act on my behalf, waive and release the Released Parties, its representatives and successors from all claims or liabilities of any kind arising out of my participation in this Run, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing to run on my own as part of this virtual event.  I further represent that I am at least 18 years old. 

  1. Child Participation

Anyone under the age of 18 who wishes to participate in the Run may only do so under the supervision of and with the consent of his/her parent or a legal guardian. 

The Released Parties recognizes the importance of protecting the privacy of children online. The Run website is intended for general audiences and are not directed to children under eighteen (18). We do not knowingly collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) from children in a manner that is not permitted by COPPA.  

If you become aware that a child under the age of 18 has provided us with personal information as defined by COPPA through the Run website, we ask that you e-mail us at foundation@dunkinbrands.com.  If we become aware that a child under 18 has provided us with personal information as defined by COPPA, we will delete the child’s information from our records to the extent required by COPPA.  

IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S PARTICIPATION, YOU AGREE TO BE BOUND BY THESE TERMS.  

I acknowledge as the legal guardian or parent of the minor child that is participating in the Run that I have read this waiver and knowing these facts and in consideration of your accepting my registration, I, and for my child as their parent or legal guardian, waive and release the Released Parties, its representatives and successors from all claims or liabilities of any kind arising out of my child’s participation in this Run, and waive their ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing allow my child to run as a part of this virtual event.