Dutch Bros® Summer TikTok Challenge Official Rules

Dutch Bros®

Summer TikTok Challenge

Official Rules

 

YOUR PARTICIPATION IN THIS SUMMER TIKTOK CHALLENGE IS VOLUNTARY. ONLY DUTCH BROS EMPLOYEES MAY ENTER THIS CHALLENGE. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

Challenge Period. The Summer TikTok Challenge (“Challenge”) begins on May 1st, 2023 at 12:01am PST and ends at June 30th, 2023, at 11:59pm PST (“Challenge Period”). Entries received before or after the Challenge Period are not eligible to win a prize.  

Sponsor. The Challenge is sponsored by DB Franchising USA, LLC, 110 SW 4^th Street, Grants Pass OR, 97526 (“Sponsor”). This Challenge is in no way sponsored, endorsed or administered by, or associated with TikTok or any other social media website (“Media Websites”). Each Challenge entrant is providing his or her information to Sponsor and not to Media Websites.

How to Enter. To enter the Challenge, each “Entrant” must visit https://www.dutchbros.com/broista-summer and post their video in accordance with the guidelines for a chance to win a prize (“Entry”) based on the judging criteria described below. Entries that do not comply with the entry instructions may not be eligible to win. By submitting an Entry, you indicate your full and unconditional agreement to these Official Rules. Your participation in the Challenge is voluntary and without compensation. As further covered in the terms below, you must own or have all necessary rights and permissions to share all of the information and content contained in the Entry, e.g. appearance rights, names, music, photos, designs, etc.

Eligibility. The Challenge is open to Dutch Bros employees (including employees of franchisees that permit their employees to participate) who are at least eighteen (18) years old at the time of entry and at the time of Winner selection.

Entry limit. No limit on the number of Entries per person.

Judging Criteria. Winning Entries will be selected on or about July 5^th, 2023. Four (4) “Winners” will be selected by Sponsor’s judges based on the following judging criteria: alignment with the theme (33.3%); quality of the video (33.3%); creativity and originality (33.3%). 

Prize: Each of the four (4) Winners will receive five hundred US dollars ($500 USD).

Taxes and Fees. Every Winner is solely and fully responsible any and all applicable federal, state, and local taxes (including, but not limited to, income and sales taxes) and all fees and expenses related to award, redemption, acceptance and uses of the Prize. Each winner waives the right to assert as a cost of winning a prize, any and all costs of verification and redemption or travel to redeem the prize.

Notification and Requirements of Potential Winner. Sponsor’s decisions are final and binding on all matters relating to this Challenge. Potential Winners will first be contacted by Sponsor via TikTok will need to provide their email address. If a potential Winner does not respond and comply with the instructions in the email then we may award the prize to another randomly selected entrant. 

Each Winner may be required to submit his/her valid social security number (if applicable) and/or other identification to Sponsor and will be required to sign and return an Affidavit of Eligibility, and Release of Liability and, unless prohibited by law, Release of Publicity, within five (5) days of date of issuance. A disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate Winner may be randomly selected from among all remaining eligible entries if all required documents are not properly executed and returned within the specified period of time.  Refusal or return of such documents as non-deliverable or Winner’s noncompliance with these Official Rules will also result in disqualification and forfeiture of the Prize and, at Sponsor’s sole discretion and time permitting, may cause an alternate Winner to be selected from among all remaining eligible entries.

Prize limit; no substitution; non-transferrable: The right to receive a prize is non assignable and non-transferable and no prize substitution or exchange or cash equivalent will be allowed except by the Sponsor, who reserves the right to substitute a prize (or portion of prize) in case of unavailability of a prize or force majeure. In the Sponsor’s sole discretion, some or all of the Challenge prize(s) may not be awarded.  

Representations & Warranties; Sponsor’s License to use the Entry. By entering the Challenge and submitting an Entry, you: (1) agree that your Entry is an original work of authorship and that you own all right, title, and interest in the Entry as of the date of submission, or have all necessary rights and authorizations to submit it and the express permission of all individuals, content, and materials embodied in the Entry to submit it for possible use as provided herein; (2) agree that your Entry does not infringe upon the copyrights, trademarks, rights of privacy, rights of publicity, or other intellectual property or other rights of any person or entity; (3) agree that your Entry expresses your honest opinions, findings, beliefs, or experience with our Services and Dutch Bros-branded goods; (4) hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world, except to the extent prohibited by law; and (5) grant to Sponsor and its successors, designees, and affiliates the perpetual and unlimited right and license to use, license, edit, modify, duplicate, and create derivative works from your Entry, throughout the world and in perpetuity, including, but not limited to, the right to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Entry via the Internet (including, without limitation, the right to repost or share your Entry on social media platforms) or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to you or your heirs and successors, (a) on its own or as part of any audiovisual or other production; (b) to advertise any products or services of Dutch Bros or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (c) for any other purpose whatsoever. Nothing herein will obligate Sponsor to make any use of any of the rights set forth herein. Further, Sponsor, may take action remove, takedown, or disable access to the Entry or any Entrant created content that uses the Dutch Bros Marks.

ASSIGNMENT OF RIGHTS IN WINNING ENTRY. WINNER AGREES TO ASSIGN AND TRANSFER TO DB FRANCHISING USA, LLC ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE WINNING ENTRY, WHETHER NOW EXISTING OR ARISING IN THE FUTURE, AND WINNER MUST AGREE TO TERMS OF SPONSOR’S ASSIGNMENT OF RIGHTS AGREEMENT.

Dutch Bros Trademarks. Any copyrights, trademarks, trade names, logos, service marks and/or other indicia of the Dutch Bros brand, whether registered or unregistered with any governmental entity, (collectively, the “Dutch Bros Marks”) will remain property of the Sponsor and shall inure solely to the benefit of Sponsor. Entrant will not claim any right in or to the Dutch Bros Marks or use or modify any Dutch Bros Marks without the prior written approval of Sponsor in each instance.  Sponsor grants to Entrant a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Dutch Bros Marks solely for purposes of creating the Entry. Entrant acknowledges that its breach of this section will irreparably harm Sponsor, and legal remedies for such breach may be inadequate; accordingly, Sponsor has the right to obtain an injunction or other equitable relief to prevent a breach or threatened breach of this section.

Content Take Down. Sponsor may terminate Entrant’s permission to use any of the Dutch Bros Marks immediately upon notice to the Entrant, if, in Sponsor’s sole discretion, Entrant: (1) commits or is alleged to have committed any illegal act or other act involving moral turpitude, drugs, or felonious activities; (2) commits any act or becomes involved in any situation which brings Entrant into public disrepute, contempt, scandal, or ridicule, or which shocks or offends the community or any group or class thereof, or which reflects unfavorably upon the Dutch Bros brand; (3) violates these Official Rules.

Code of Conduct. In connection with the Challenge, Entrant will at all times comply with the following:

1. Code of Conduct:

a. State your honest views regarding Dutch Bros products, which must reflect your actual experience, opinions, and beliefs based upon your use of the products. You will notify Sponsor if you change your opinion or beliefs about the products at any time during the Challenge Period.  

b. Make clear that your comments are solely yours, not Sponsor’s. Avoid saying or doing anything that suggests Sponsor has endorsed or approved you or your statements.  

c. Clearly and conspicuously disclose your connection with Sponsor (i.e. Dutch Bros employee) any time you make a public statement about Dutch Bros, its products and/or services. You must follow the Challenge guidelines, including the use of any required hashtags.

d. Depending on the content or post, additional disclosures may be needed to confirm that the disclosure is clear and conspicuous. It is Entrant’s responsibility to ensure that Entrant has clearly and conspicuously disclosed its relationship to the product or service.  

2. Rules of the Road 

a. Do not make deceptive or misleading claims about the products or services of Dutch Bros or the products or services of Dutch Bros competitors.  

b. Do not disparage, libel, slander, defame, or violate any third party right to privacy.

c. Do not make hateful or offensive comments or any communication that promotes racism, bigotry, hatred or physical harm against any individual or group.  

d. Abide by any terms of use for any sites or social platforms on which your content is posted. 

e. Respect the intellectual property and proprietary rights of others; do not post material unless you have all necessary permissions. Do not use music unless you have obtained all of the necessary clearances from the owners of the sound recording and musical compositions.  

f. Do not post confidential or proprietary information of any party.  

g. Do not make false or unsubstantiated statements about the Dutch Bros or its Products.  

h. Do not make any disparaging statements regarding the products or services of Dutch Bros competitors.  

i. Do not impersonate any other person or entity, actual or fictitious, including by impersonating an employee or consultant of any of the Parties.  

j. Do not link to any content that violates any of the foregoing rules of the road.  

 

RELEASE AND LIMITATIONS OF LIABILITY. BY PARTICIPATING IN CONTEST, YOU AGREE TO RELEASE AND HOLD HARMLESS DB FRANCHISING USA,LLC AND EACH OF ITS RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE CHALLENGE, IN CONNECTION WITH THE ENTRY, OR RECEIPT OR USE OF ANY PRIZE, CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT, FALSE ENDORSEMENT, LIBEL, SLANDER, DEFAMATION OR INFRINGEMENT OF RIGHTS OF PUBLICITY OR PRIVACY BASED ON YOUR ENTRY. YOU FURTHER WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY CONTEST PRIZE CANNOT BE AWARDED DUE TO A FORCE MAJEURE EVENT, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

General Conditions. Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Challenge or the Challenge Period should any cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Challenge. In such case, as necessary, Sponsor may select the Winner(s) from all eligible entries received prior to and/or after the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates these Official Rules. The Sponsor has the right, in Sponsor’s sole discretion, to maintain the integrity of the Challenge, to void entries for any reason. Any attempt by you to deliberately damage any website or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws. Should such attempt be made, the Sponsor reserve the right to seek damages to the fullest extent permitted by law.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Privacy and Publicity. Any information you submit as part of the Contest will be used for purposes of this Contest and treated in accordance with Sponsor’s Privacy Policy (https://dutchbros.com/privacy-policy) and Terms of Service (https://dutchbros.com/terms-of-service). Except where prohibited, participation in the Contest constitutes your consent to Sponsor’s use of your name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

Disputes. Except where prohibited by law, as a condition of participating in this Challenge, each entrant agrees that (1) any and all disputes and causes of action arising out of or in connection with this Challenge, 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 (“AAA”); and (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.

Governing Law and Jurisdiction. This Challenge is governed by United States law and is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants. In connection with this Challenge, Sponsor shall be governed by and construed in accordance with, the laws of the State of Oregon, without giving effect to the conflict of laws rules thereof, and any matters or proceeding which are not subject to arbitration as set forth in the “Disputes” section above of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Oregon.

Winner’s List.  For a list of Winners (available on or around July 5th, 2023, mail a self-addressed stamped envelope to: Summer TikTok Challenge Winners’ list, PO Box 1929, Grants Pass, Oregon 97528. Winners’ list requests must be received by October 5th, 2023.