1. Introduction and Agreement to Terms. By calling the Dutch Bros Random Act of Kindness Hotline and proceeding to leave a voice message on the designated line ("Submission"), you agree to these Dutch Bros User-Generated Content Terms & Conditions (the "Terms"). If you do not agree to these Terms, do not proceed with your Submission. Your completion of the voice message constitutes your agreement to all Terms contained herein.
2. Grant of Rights.
a. You hereby grant to Dutch Bros Coffee, its subsidiaries, affiliates, agents, employees, licensees, and assigns (collectively, the "Licensed Parties") a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable right and license, with the right to sublicense, to use, modify, reproduce, publish, publicly display, distribute, broadcast, and create derivative works from your Submission (including your voice and the content of your message) in any manner, for any lawful purpose, and in any and all media now known or hereafter developed, including but not limited to: digital and social media (e.g., TikTok, Instagram, YouTube, Facebook); online and broadcast advertising; Dutch Bros websites, blogs, and marketing emails; in-store signage and marketing collateral.
b. The Licensed Parties shall have the right to edit, modify, distort, or otherwise manipulate the Submission without any further approval or review from you.
3. Representation and Warranties. By providing a Submission, you represent and warrant that:
a. You are at least eighteen (18) years of age or the age of majority in your jurisdiction.
b. You are the sole author and creator of the voice message.
c. You have all necessary rights, permissions, and licenses to grant the rights granted herein (including permissions from any other person whose voice or name may be included).
d. The Submission does not infringe upon or violate the intellectual property, privacy, publicity, or other rights of any third party.
e. The Submission does not contain any material that is defamatory, abusive, obscene, harassing, or otherwise unlawful or objectionable.
4. Compensation and Release of Claims
a. No Compensation: You acknowledge and agree that you will not be entitled to any compensation, payment, or remuneration for the Licensed Parties' use of your Submission, and the use of the Submission is deemed sufficient consideration for the rights granted herein.
b. Waiver and Release: You hereby release, discharge, and hold harmless the Licensed Parties from any and all claims, demands, or causes of action arising out of or resulting from the Licensed Parties' use of your Submission as permitted under these Terms, including, without limitation, any claims for libel, invasion of privacy, publicity rights, or infringement of copyright.
5. Indemnification. You agree to indemnify, defend, and hold harmless the Licensed Parties from and against any and all claims, liabilities, costs, damages, and expenses (including reasonable attorneys' fees) arising out of or related to a breach of your representations and warranties in Section 3 above.
6. Privacy. Any personal information collected from you in connection with your Submission will be used in accordance with Dutch Bros’ Privacy Policy, which is available at https://www.dutchbros.com/privacy-policy/.
7. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any conflict of law principles.