Dutch Bros Coffee

National Cold Brew Day Countdown

OFFICIAL RULES

 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

Promotional Period. Dutch Bros’s “National Cold Brew Day Instant Win Promotion” (“Promotion”) consists of four (4) prize period phases (each a “Prize Period” and collectively the “Promotional Period”) as further described in the table below. The Promotional Period begins on begins on April 2nd, 2022 at 12:01AM PT and ends on April 20th, 2022 at 11:59PM PT. Entries received prior to or after the Promotional Period are not eligible for the Promotion.

 

Sponsor. The Promotion is sponsored by DB Franchising USA, LLC, 110 SW 4th Street, Grants Pass OR, 97526 (“Sponsor”). This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter, TikTok or Snapchat (“Media Websites”). Each Promotion entrant is providing his or her information to Sponsor and not to Media Websites.

 

Agreement to Official Rules. By entering (as described below), you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein and any other rules or regulations the Sponsor implements. The Sponsor reserves the right, at any time in its sole discretion, to amend or modify these Official Rules.

 

How to Enter. Each Entry will have an equal chance of winning a Prize There are two ways to enter this Promotion (each an “Entry” and collectively, the “Entries”). Each Entry method requires the entrant to have an active Dutch Rewards account through the Dutch Bros mobile application (“App”). Entrants may  download the App for free from the Google Play or Apple App Store (message and data rates may apply). Use of App is subject to Dutch Bros’s Terms of Service, available at https://dutchbros.com/terms-of-service. Follow the App registration instructions to create Dutch Rewards account, including entry of your name, email address and other required information.

 

  1. Mobile App Entry. Visit a participating Dutch Bros Coffee outlet and make a purchase through the App, either by redeeming a ‘Dutch Reward’ coupon, by making a payment with the ‘Dutch Pass’ payment feature, or by scanning the Dutch Pass to “Check in” before paying with an alternate method (“Qualifying Purchase”). To pay with the Dutch Pass feature you must first add money to your Dutch Rewards account by logging into the App, selecting Dutch Pass, then Charge Up, and follow the instructions for the applicable payment method. After making a Qualifying Purchase, and upon refreshing the ‘home screen’ of the App or closing out and re-opening the App, each entrant who qualifies as a potential instant winner, will receive a notification on the “Home” Screen of their App, a Push Notification sent to the entrant’s mobile device (if entrant is subscribed to those channels), and/or a transactional email to the email address associated with the Dutch Rewards account. An “instant winner” may be referred to as a “Winner” for purposes of these Official Rules. Each entrant who receives an instant Winner notification will be deemed potential Winner subject to verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. An entrant is not a winner of any Prize, even if the notification should so indicate, unless and until entrant’s eligibility and the potential winning Entry have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process.

 

  1. Mail-in Entry. To enter without having to make a purchase, follow the instructions above to create a Dutch Rewards account. Then, after you become a registered Dutch Rewards member, handwrite your first name, last name, email address, street address, city, state, ZIP code, daytime phone number, and date of entry on a piece of paper and mail it to: “Dutch Bros National Cold Brew Day Countdown Promotion”, PO Box 1929, Grants Pass, Oregon 97528. All mail-in entries must be handwritten, must include a return address in the upper left corner of the envelope that matches the entrant’s street address, and must be postmarked by April 20, 2022, and received by April 27, 2022, to be eligible. Additionally, all information provided in the mail-in entry must match the information listed in your Dutch Rewards account. Each Entry must be mailed in a separate, stamped outer mailing envelope. For each eligible Entry timely received by this method the entrant will receive one (1) Entry. Mechanically or digitally reproduced or photocopied mailed Entries are automatically void. Mail-in Entries that meet the foregoing criteria will be entered into the Prize Period that corresponds with the postmarked date of the Entry. About one week after the end of the Promotion Period any potential winners selected through this method will receive notification via an email message to the email address associated with the Dutch Rewards account and listed on the mail-in Entry. A potential winner from a mail-in Entry may be referred to as a “Winner” for purposes of these Official Rules. Each entrant who receives a Winner notification will be deemed potential Winner subject to verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. An entrant is not a Winner of any Prize, even if the notification should so indicate, unless and until entrant’s eligibility and the potential winning Entry have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If a Prize is undeliverable to the Winner or otherwise not claimed by the winner within seven (7) calendar days after delivery of notification, the Prize will be forfeited by the Winner.

 

Entry Limit. Limit of two (2) Entries per person per day via any method of Entry.

 

Eligibility. The Promotion is open to legal residents of the United States (excluding Rhode Island, New York and Florida) including its commonwealths, territories and possessions (collectively referred to herein as "states") (the “Territory”), who are at least eighteen (18) years old at the time of entry.

Employees of the Sponsor, or any of its subsidiaries, affiliates, or franchisees, and of their immediate family members are not eligible to enter or win the Promotion. Promotion void where prohibited or restricted by law and void outside of the Territory.

 

Prizes, Odds of Wining, and Approximate Retail Value (“ARV”). The following instant win prizes are available during each Prize Period (each a “Prize”, collectively the “Prizes”):

 

Prize Period Instant Win Prize Odds of Winning ARV

Week 1

April 2nd-7th

 25 Bonus Points 10,100 in 1,000,000 $0.50
50 Bonus Points 5,100 in 1,000,000 $1.00
100 Bonus Points 3,200 in 1,000,000 $2.00
1,000 Bonus Points 2,000 in 1,000,000 $20.00

Week 2

April 8th-14th

 Double Points on this Cold Brew purchase 16,900 in 1,000,000 $1.68

Week 3

April 15th-19th

 Free Cold Brew 11,400 in 1,000,000 $5.50

National Cold Brew Day

April 20th

 Free Cold Brew for a Month 5,600 in 1,000,000 $170.50

 

Sponsor reserves the right to substitute any Prize for one of equal or greater value. Prizes may not be shared.

 

*For Winner’s of the “Free Cold Brew” reward, the reward will be made available via the Winner’s Dutch Rewards account. If not used within thirty (30) days, the reward will expire.

 

**For Winner’s of the “Free Cold Brew for A Month” reward, the reward will made available via the Winner’s Dutch Rewards account every day for the thirty-two (32) days following the date of the Winner notification from any method of Entry. The reward will be made available every day during this thirty two day period at 12:01AM PT and, IF NOT USED, THE REWARD WILL THEN EXPIRE THAT SAME DAY AT 11:59PM PT.

 

Notification and Requirements of Potential Winner. Each Winner may be required to submit identification information to Sponsor and may be required to sign and return an Affidavit of Eligibility, and Release of Liability, and Release of Publicity, within five (5) days of date of issuance. A disqualification will result, the Prize will be forfeited 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.

 

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 Promotion prize(s) may not be awarded. 

 

RELEASE AND LIMITATIONS OF LIABILITY. BY PARTICIPATING IN PROMOTION, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, AND MEDIA WEBSITES, AND EACH OF THEIR 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 PROMOTION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN THE PROMOTION; (B) TECHNICAL ERRORS RELATED TO COMPUTERS, MOBILE APPLICATIONS, SERVERS, PROVIDERS, OR TELEPHONE, OR NETWORK LINES; (C) PRINTING ERRORS; (D) LOST, LATE, POSTAGE-DUE, MISDIRECTED, OR UNDELIVERABLE MAIL; (E) ERRORS IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OF USE OF ANY PRIZE. 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 PROMOTION 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 Promotion or the Promotional Period should any cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. 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. The 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 Promotion or website or violates these Official Rules. The Sponsor has the right, in Sponsor’s sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses in excess of these Official Rules; multiple entries from the same computer or device in excess of that allowed these Official Rules; multiple entries from multiple/different email addresses, identities, accounts, devices, registrations or logins in excess of that allowed in these Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by you to deliberately damage any website or undermine the legitimate operation of the Promotion 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 PROMOTION 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 Promotion will be used for purposes of this Promotion 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 Promotion constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

 

Taxes and Fees. Every Promotion 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 (including, without limitation, transportation, if applicable). Promotion winners will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. 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.

 

NO WARRANTY.  EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITES AND THE PROMOTION PRIZE(S), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

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

 

USE OF NAMES AND OTHER INFORMATION OF WINNER: EXCEPT WHERE PROHIBITED BY LAW, THE WINNER GRANTS TO THE SPONSOR (WHICH WINNER SHALL CONFIRM IN WRITING ON THE SPONSOR’S REQUEST), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICAL INFORMATION (INCLUDING, WITHOUT LIMITATION, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT THE SPONSOR WILL OWN THE PROMOTION ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT THE SPONSOR AND ITS DESIGNEES WILL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE PROMOTION ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS THE SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.

 

Winner’s List.  For a list of Winners (available after April 29, 2022), mail a self-addressed stamped envelope to: National Cold Brew Day Instant Win Promotion Winners’ list, PO Box 1929, Grants Pass, Oregon 97528. Winners’ list requests must be received by June 30, 2022.