Dutch Bros Bracket Terms and Conditions

DUTCH BROS
DUTCH BRACKET GIVEAWAY
OFFICIAL RULES

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

Sponsor. The Promotion is sponsored by DB Franchising USA, LLC, 110 SW 4th Street, Grants Pass OR,
97526 (“Sponsor”).

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 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.

Promotional Period. The Dutch Bracket Giveaway (“Promotion”) begins on April 7, 2024 at 12:00:01 AM (PT) and ends on April 14, 2024 at 11:59:59 PM (PT) (“Promotional Period”). You may enter the Promotion by following the instructions below.

How to Enter. In order to enter the Promotion, you must: (1) follow the official Dutch Bros Instagram account @dutchbroscoffee on Instagram; (2) like the official giveaway post from the Dutch Bros Instagram account's Instagram page; and (3) tag a friend in the comments section of the official giveaway post (each an “Entry” and collectively, the “Entries”). If you are already following the Dutch Bros account, this step is considered complete. You must fulfill all Promotion requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. Entries received prior to or after the Promotional Period are not eligible for the Promotion.

Entry Limit. Limit of one (1) Entry per individual during the Promotional Period. You may not enter more times than indicated by using multiple Instagram profile accounts, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of the Sponsor. 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, and any of their subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, or the immediate family members and persons living in the households of each of them are not eligible to enter or win the Promotion. Promotion void where prohibited or restricted by law and void outside of Territory.

Random Drawing. The winners of the Promotion (each a “Winner” and collectively, the “Winners”) will be selected on or about April 15, 2024, the Sponsor will conduct a random draw from among eligible Entries received during the Promotional Period. Each Entry has an equal chance of winning. THE ODDS OF BEING SELECTED DEPEND ON THE NUMBER OF ENTRIES RECEIVED.

Prizes. Sponsor will select four (4) Winners. Each Winner will receive a Dutch Bros Prize Box (1 bag of Dutch Bros coffee, 1 Dutch Bros bottle, Dutch Bros stickers, and Dutch Bros pins) and 1 custom Dutch Bros Jersey (“Prize”). Total Approximate Retail Value (“ARV”) of each Prize: $167 (USD).

Notification and Requirements of Potential Winner. Sponsor's decisions are final and binding on all matters relating to this Promotion. Potential Winner will be notified via Instagram direct message from the official Dutch Bros Instagram account and must respond within five (5) days to claim the Prize. If a potential Winner does not respond and comply within the instructions in the direct message within the specified time frame, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate Winner may be chosen from among all remaining eligible Entries.

The 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. Winners who are minors at the time of the awarding of a Prize will be required to have a parent or guardian sign and return all the paperwork necessary to claim a prize prior to being awarded the prize. 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 Promotion prize(s) may not be awarded.

RELEASE AND LIMITATIONS OF LIABILITY. BY PARTICIPATING IN THE 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, 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 Host 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 orviolates 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; multiple entries from the same computer in excess of that allowed 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 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). 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 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 15, 2024), mail a self-addressed stamped envelope to: Dutch Bracket Giveaway Winners' list, PO Box 1929, Grants Pass, Oregon 97528. Winners' list requests must be received by June 15, 2024.