PEET’S and PROJECT GREENLIGHT DIGITAL STUDIOS “ODE TO COFFEE FIRST™” SHORT FILM CONTEST

OFFICIAL RULES

1. DESCRIPTION: These official rules (“Official Rules”) govern the ODE TO COFFEE FIRST™ Short Film Contest (the “Contest”). The Contest begins at 12:01 AM PT on August 31, 2016- at which time entrants (each a “Contestant”) can enter a “short film” submission through the process more completely described in these Rules (“Submission”) - and ends at 11:59 PM PT on September 16, 2016 (the "Contest Period”). All Contestants agree to abide by and be bound by these Official Rules.

2. ELIGIBILITY: The Contest is open only to permanent legal residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age and older as of August 31, 2016. Void where prohibited by law. Employees of Peet’s Operating Company, Inc. (“Sponsor”), and its parent companies, affiliates, subsidiaries, officers, directors, employees, advertising and the Contest Collaborator, Project Greenlight Digital Studios and agencies (collectively, the “Promotion Entities”) and the immediate family members and/or those living in the same household of each are not eligible. Professional directors are not eligible. A “professional director” is defined as any individual who, as of August 31, 2016, is (i) a member of the Directors Guild of America (“DGA”) or (ii) has directed a feature film that was acquired for the purposes of, and subsequently received, paid distribution in any medium. There is no purchase required to enter a Submission. Contestants also must have a valid email address.

3. HOW TO ENTER: To enter, visit https://www.projectgreenlight.xyz (“Site”), during the Contest Period. Contestants should follow the instructions on the Site to complete the registration form for the Contest and successfully upload the Submission to the Project Greenlight website. All Submissions must comply with these Rules and the Submission Guidelines, more fully described below. Registration for the Contest is free. All registration information is required in order to participate in the Contest.

Two Contestants may form a Team (each a “Team Member”) and prepare and make one Submission. A Team can only consist of no more than two Team Members to prevent disqualification. Each Team Member must satisfy all eligibility requirements of these Rules for a Contestant. If one Team Member fails the eligibility requirements, then the Team’s Submission will be disqualified. In the event of the disqualification of one Team Member, the remaining eligible Team Member may re-enter the Contest provided that the new Submission is original and the Contest Period is still open. Team Members may submit only one Submission; other Submissions submitted by Team Members in their individual capacity or as members of another or other Teams will be disqualified.

If two (2) Contestants agree to participate in this Contest as a Team, the Contestants acknowledge that: the Team shall make only one submission; one Team Member must make the Submission on behalf of the Team and use only one email address to make the Submission; and agree to list the name of the other Team Member in the space provided on the Site. If, at any time during the Contest, any Team Member elects to voluntarily end his or her participation during the Contest Period or Judging Period, the remaining Team Member may continue on in his or her individual capacity using the Team’s Submission, provided: the remaining Team Member secures all permissions and rights from the departing Team Member that in the sole discretion of the Sponsor deems are necessary and each Team Member understands that each shall be deemed to have jointly and severally made, entered, and bound by all of the representations, warranties, and agreements identified in these Rules. Except as otherwise expressly stated in these Rules, all of the Promotion Entities’ rights pursuant to these Official Rules relate to and are exercisable against each Team Member.

4. SUBMISSION ELEMENTS: Each Contestant or Team shall provide the following information and component with the Submission:

5. SUBMISSION GUIDELINES: All Contest Submissions shall conform to the following guidelines:

The Contestant or Team shall have obtained prior to making a Submission and be prepared to provide to Contest Collaborator all rights, clearances, permissions, approvals and/or consents necessary to make the Submission, including but not limited to music rights, releases from all persons appearing in the Submission, location releases for all recognizable locations, releases from all owners of subject matter protected by copyright, trademark, or another property right that appears in the short film and releases from who participated in production of the Submission (“Supporting Documents”). In the event that a Contestant or Team has not obtained all the rights that the Contest Collaborator, in its sole discretion, deems are necessary, the Contest Collaborator shall have the right to disqualify the Contestant or Team at any point during or after the Contest. In the event of such a disqualification, the Contestant or Team may request permission to edit and submit the Submission, provided that the Contest Period is still open.

If you believe in good faith that any other material hosted on the Site infringes your copyright, please see and follow the complaint procedures set forth in the Site’s Terms of Use. In the event of any such dispute at any time during the Contest Period, Contest Collaborator, reserves the absolute right to remove any Submission or block access to the Site and to take whatever actions Contest Collaborator may deem necessary or appropriate in its sole and absolute discretion to protect the operation and integrity of the Contest and the Site, including, without limitation, disqualifying the Contestant(s) that submitted the Submission that is the subject of such allegation.

In the event that the Contest Collaborator believes, in its sole discretion, that a dispute between Contestants, Team Members, and/or teams cannot be sufficiently resolved, Contest Collaborator reserves the right to disqualify a Submission or Submissions or take other action that it believes is necessary.

Submissions must comply with and are subject to all of Contest Collaborator’s Terms of Service, Privacy Policy, federal, state and local laws, rules and regulations including, but not limited to, those concerning defamation and invasion of privacy, and must not infringe on the copyrights or trademarks or otherwise violate the rights of another person or entity, as determined by Contest Collaborator in its sole discretion. If the Contest Collaborator believes, in its sole discretion, that a Submission includes such material or an element contained in a Submission is deemed unsuitable for public presentation (e.g., includes nudity or pornography, etc.), unfavorably depicts the Promotional Entities, defames brands or individuals, contains hate speech (including words, symbols or hashtags that are widely considered offensive to individuals of a certain race, ethnicity, religion, gender, sexual orientation, or socioeconomic group) or is inconsistent with the spirit, theme or image of the Contest, it reserves the right to disqualify the Submission and take other action as it deems appropriate. Further, Contest Collaborator, in its sole opinion, reserves the right to disqualify any Submission that it, in its sole opinion, believes does not comply with these Submission Guidelines, entry requirements or Official Rules.

6. RIGHTS ASSIGNMENT: By participating in the Contest and uploading a Submission, each Contestant agrees to assign to Sponsor and the Contest Collaborator jointly all right, title, and interest in and to the copyright to the short film such that the Sponsor and the Contest Collaborator shall have the right to determine between themselves whether and how to use, copy, sublicense, transmit, distribute, publicly perform, display, exhibit, alter, edit, scan, duplicate, modify or create derivative works from the Submission in any manner, including in advertising, promotion and publicity materials, in any medium now known or hereafter devised, throughout the world, in perpetuity. Contestants irrevocably waive any and all so-called moral rights they may have therein. Contestants acknowledge and agree that the Promotion Entities do not have now, nor shall in the future have, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Submissions.

7. PRIZE: The winner (the “Winner”) of the Contest will receive Ten Thousand Dollars ($10,000) and one (1) year’s worth of free Peet’s Coffee® (the “Prize”).

8. CONTEST JUDGING: The Contest will consist of multiple rounds of judging. Those rounds are described in further detail below.

9. OBLIGATIONS FOR WINNER: Winner must have all Supporting Documents signed and have returned all documents sent by Contest Collaborator within seven (7) days (including Weekends and Postal Holidays) of attempted notification. Noncompliance within this time period may result in disqualification without further notice and an alternate winner may be selected. Return of any document as undeliverable may result in disqualification without further notice and an alternate winner may be selected. All taxes (including, without limitation, federal, state, and local taxes) on or connected with the Prize and the reporting consequences thereof are the sole and exclusive responsibility of the Winner. No substitution or transfer of the Prize by Winner permitted. Contest Collaborator reserves the right to substitute the Prize for a prize of equal or greater value. Contest Collaborator makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prize furnished in connection with
the Contest.

10. PUBLICITY RELEASE: By participating in the Contest, each Contestant,
Team Member, and Team (each a “Participant,” and collectively, “Participants”) acknowledges that, in addition to any other grants obtained or provided by Participant for or to Sponsor or Contest Collaborator, each Participant irrevocably grants to Sponsor and Contest Collaborator and their respective successors, assigns and licensees, the unrestricted, absolute, perpetual, worldwide right and license to use
the Participant’s name, address, likeness, photograph, voice, biographical, and personal information, statements, and Contest submissions in any and all media, now known or hereafter developed, throughout the universe, for all purposes, including without limitation advertising and promotional purposes, without further compensation, credit, attribution, notice right of review or approval. Participants unconditionally release Sponsor and Contest Collaborator from any liability with respect the above.

11. GENERAL RULES: Proof of submission is not proof of receipt of entry. Participants agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor or Contest Collaborator for use of Submission in the Contest, Site, that which is the subject of Section 10., above, or otherwise, and Participants represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these Official Rules, and that the Submission is not subject to any collective bargaining agreements. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE 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 NON-INFRINGEMENT. Neither Sponsor nor Contest Collaborator make any warranties, express or implied, as to the content or the accuracy or reliability of any information, ratings or statements in the Contest or Submissions and is not responsible for any incorrect or inaccurate information, reviews, voting process, vote count, ratings, or other materials, whether caused or created by a Participant or other individual, by tampering or “hacking,” or by any of the equipment or programming associated with or utilized as part of the Site or the Contest. Neither Sponsor nor Contest Collaborator is responsible for incomplete, lost, late, damaged, illegible or misdirected mail, e-mail, or direct messages or for any technical problems, malfunctions of any telephone lines, telephones, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Neither Sponsor nor Contest Collaborator is responsible for any damage to any Participant’s computer system/software related to or resulting from participation, uploading or downloading any materials in this Contest. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE
THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND CONTEST COLLABORATOR RESERVE THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If a Contestant submits more than the stated number of Submissions permitted, and/or if the Contest Collaborator suspects that a Contestant attempted to obtain additional Submissions by using multiple email accounts, identities or any other method, all Submissions submitted by the Contestant will be declared null and void. Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such Submissions by such methods. The Contest may be cancelled, modified, terminated or suspended if the relevant platforms are infected by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside control of Contest Collaborator which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Contest. Contest Collaborator reserves the right in its sole discretion to disqualify any individual who is suspected of tampering with any entry process or the operation of the Contest or the Site. In the event Contest Collaborator is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, technical issues with the Site, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not within the Contest Collaborator control (each a “Force Majeure” event or occurrence), it shall have the right to modify, suspend, or terminate the Contest. In such an event, Contest Collaborator may post a notice on the Site. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying the administration of the Contest, Contest Collaborator reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Each Participant acknowledges and agrees that his or her participating in the Contest shall not give rise to any special, implied-in-fact, implied-in-law, or other fiduciary relationship with Sponsor or Contest Collaborator. By participating in this Contest, each Participant agrees to be bound by the Official Rules and the decisions of Contest Collaborator its designees, which shall be final and binding in all respects. Contest Collaborator is not responsible for typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

12. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Contestant or Team represents and warrants as follows: (i) the Submission is the Contestant’s or Team’s own original work; (ii) the Submission is not the subject of any actual or threatened litigation or claim; (iii) that subject matter that is the intellectual property of or for which the Sponsor has some proprietary interest may be used for purposes of preparing and submitting a Submission but for no other purpose beyond this limited, nonexclusive scope; (iv) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene. Additionally, each Participant represents and warrants as follows: (i) the Participant will comply with these Official Rules and the requirements set forth in any other agreement Participant may enter into with Sponsor or Contest Collaborator; (ii) the Participant will not violate any laws, rules, or regulations regarding their participation in the Contest; and (vi) the Participant will not upload any “viruses” or other information, code, or material(s) that may damage or otherwise interfere with the Contest, or the computer systems or data of any other person or entity. Each Participant hereby agrees to indemnify, defend, and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Participant hereunder.

13. GENERAL RELEASE; LIMITATIONS ON LIABILITY; WAIVER: BY ENTERING THE CONTEST, EACH PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

Each Participant acknowledges and agrees that the Sponsor and Contest Collaborator are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible Submissions or Ratings or for failure to receive Submissions or Ratings due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit a Participant’s ability to participate in the Contest or send or receive notifications requiring action or response by such Participant; and (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Participant’s rights of publicity or privacy, or the Participant’s claim that he or she has somehow been defamed or portrayed in a false light).

Each Participant acknowledges that there is a possibility that after his or her entry into the Contest, he or she may discover facts or incur or suffer claims which were unknown or unsuspected at the time of entry and which, if known at that time, may have materially affected his or her decision to enter the Contest. Each Participant acknowledges and agrees that by reason of these Official Rules, and the release of liability contained herein, he or she assuming any risk of such unknown facts and such unknown and unsuspected claims. Participants have been advised of the existence of Section 1542 of the California Civil Code which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Notwithstanding Section 1542 of the California Civil Code, entry and participation in the Contest shall constitute a full release of liability in accordance with its terms. Each Participant knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledges and agrees that this waiver is an essential and material term of these Official Rules and that without such waiver, Contest Collaborator would not have accepted Participant’s involvement in the Contest.

14. GOVERNING LAW/ARBITRATION: These Official Rules, the rights and obligations of the parties, and any claims or disputes relating in any way thereto shall be governed by and construed in accordance with the internal laws of the State of California, without regard to its choice of law principles which would require application of the laws of another jurisdiction. Any dispute between the parties arising out of or relating to these Official Rules shall be submitted to binding confidential arbitration. The arbitration will be conducted in accordance with the American Arbitration Association’s Commercial Arbitration Rules as modified by the terms of this Agreement. The arbitration shall take place in Los Angeles, California before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules shall be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. EACH PARTY HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT MIGHT OTHERWISE HAVE OR BE ENTITLED TO UNDER FEDERAL LAW OR THE LAWS OF CALIFORNIA OR ANY OTHER STATE TO LITIGATE ANY SUCH DISPUTE IN COURT, IT BEING THE INTENTION OF THE PARTIES TO ARBITRATE ALL SUCH DISPUTES. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable Contestant may have entered into in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Official Rules, the Site’s Terms of Use or Privacy Policy, or any other agreement in connection with the Contest, Contestant’s sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Paragraph, and in no event will any Contestant be entitled to seek injunctive or other equitable relief. Each party shall be responsible for their own attorneys’ fees. IF THE CONTESTANT DOES NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION HEREIN) HE OR SHE SHOULD NOT PARTICIPATE IN THE CONTEST.

15. PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official Rules and the Site’s Privacy Policy, provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

16. INVALIDITY/HEADINGS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

17. WINNERS LIST: To receive the name of the Winner by email, send an email to winner@projectgreenlight.com with PEET’S ODE TO COFFEE™ SHORT FILM CONTEST as the subject line. Requests must be received by 6/30/2017. Email will be sent after the Winner has been verified.