The following terms and conditions (these “Terms and Conditions”) contain important information regarding the Loyalty Program (the “Program”) sponsored by [Splashe Brands, LLC] (“Sponsor”). Please read the following Terms and Conditions carefully. These Terms and Conditions are a binding agreement between you and Sponsor and will govern your participation in any and all Program offers.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE NOTE THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY AND REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE PROGRAM. FOR THE UP-TO-DATE VERSION OF THE TERMS AND CONDITIONS, PLEASE VISIT https://splashe.com/pages/terms-of-use
Being eligible for the Program entitles members (“Members”) to take advantage of certain Program rewards (“Program Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Sponsor in its sole discretion. You can find out about available Program Rewards and offers by checking https://smile.io/ (“Site”). Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward, without notice.
PROGRAM PERIOD: Program begins on January 1, 2021 and will continue until terminated, suspended, modified, or converted to another rewards program by Sponsor (the “Program Period”).
HOW TO PARTICIPATE; ELIGIBILITY: To be eligible for the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and over 18 years of age. To participate in the Program, visit https://splashe.com/account/register and fill out the form to create a customer panel and account. You must provide true, accurate and complete information as required, and you must keep your account information up to date at all times.
The Program may enable you to refer your friends and family by sending each friend and/or family member a custom referral URL found in your account customer panel. You may not refer any person in your immediate household or any person that you do not personally know. Once you send a friend a referral URL, your referral will have the opportunity to enter their e-mail information and receive a referral code towards one of their purchases (the “Referral Offer”).
Officers and directors of Sponsor and their immediate family members living in the same household of Sponsor are not eligible for Program. You cannot participate in Program if it would violate your employer’s policies or terms and conditions. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating Rewards for combined use.
EARNING REWARDS: Members can begin earning points (“Points”) which are redeemable for certain Rewards (as defined below) upon enrollment. For the most up-to-date Rewards, please consult firstname.lastname@example.org:
For accounts on Splashe:
Place a qualifying order, and receive 1 Point for every $1 spent.
For every 100 Points collected, Member will receive a $5 Reward credited to their account.
The $5 Reward can only be claimed on an order of $25 or more.
Members must redeem at least 100 Points, up to a maximum of 300 Points [In 6 months]
For every Member referral who completes a qualifying online transaction of $25 or more on Splashe.com using the Referral Offer, Member will receive a $10 Reward credited to their account.
All amounts and type of cash rewards, gift cards or prepaid credit cards offered in connection with this Program shall be deemed “Rewards” and are subject to change at any time in Sponsor’s sole discretion. If applicable, gift card or credit card issuer terms and conditions apply.
You will only receive Rewards for completed Referral Offers provided that your friend has paid for the applicable transaction in accordance with Sponsor’s billing policies. If your friend cancels their applicable transaction, you will not receive a Reward for the transaction.
EXPIRATION OF REWARDS: All Member Points validly earned in accordance with the above and/or the terms set forth on Splashe.com shall expire after a six (6) month period of Points earning inactivity. Sponsor shall issue a thirty (30) day warning before Member Points expire.
Sponsor reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Rewards value structure and offers and any merchandise or service. Sponsor reserves the right to adjudicate all Rewards discrepancies in its sole discretion, and the Members agree to abide with any such adjudication. Sponsor may change at any time, and from time to time, the Program Rewards available in this Program without notice. Any items received as a result of a redemption of Rewards may not be exchanged or returned for other items or credit. All matters concerning the Program Rewards, including but not limited to warranties, guarantees, and maintenance and delivery (if not delivered by Sponsor), are solely between the Member and the entity supplying the Reward. Sponsor makes no warranties or representations whatsoever with regard to any goods or services provided by the entity supplying the Program Reward (if not Sponsor).
REWARD CONDITIONS: The Program Rewards are void where prohibited by law. Program Rewards are available only while supplies last and quantities may be limited. No substitutions, except that in the case of unavailability of a Reward, Sponsor may substitute a prize of equal or greater value. Program Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Program Rewards. Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program. You expressly agree that Sponsor shall not be responsible for the loss of any Program Rewards that can be obtained through the Program, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber-attack or other events which make it impossible for Sponsor to determine the Rewards total for any Member account or accounts.
MEMBER’S CODE OF CONDUCT: Sponsor believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with Sponsor. Sponsor requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”). Per the FTC Endorsement Guides, Member should disclose Member’s connection to Sponsor when speaking favorably about or otherwise promoting or encouraging friends to use the Program or Sponsor’s services.
TERMINATION: Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward, without notice. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions.
INDEPENDENT CONTRACTOR STATUS: Nothing in this Agreement implies any employment or joint venture relationship between Sponsor and Member. As an independent contractor, Member shall not receive nor be entitled to a salary or any other benefits or privileges Sponsor provides to its employees. Sponsor and Member agree that: (i) Member will be treated as an independent contractor with respect to Member’s role under this Agreement for all purposes, including, federal, state, and local tax purposes and for all other purposes and Sponsor will not withhold or pay over on behalf of Member any amounts relating to federal, state or local income taxes, unemployment compensation, workers compensation, social security or other taxes or assessments; (ii) Member will never be asked to perform tasks, duties, or otherwise which will render Member’s services to be that of an employee; (iii) Member will not be provided great detail or strict guidelines about how to participate in Program but will rely on Member’s own expertise; (iv) Member may perform tasks at Member’s own discretion on Member’s own schedule, and Member may elect the hours (if any) during which Member puts effort against the tasks; and (v) Sponsor has no right to exercise any control whatsoever on Member’s daily activities.
TAXES: All taxes applicable to any Rewards provided by Sponsor under this Agreement will be Member’s responsibility and Sponsor shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. If Sponsor is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the Rewards paid by Sponsor to Member, then Member will be required to complete and submit a Form W-9 to Sponsor.
CONFIDENTIALITY: Both Sponsor and Member acknowledge that either party may acquire confidential information concerning the other party pursuant to the provisions of these Terms and Conditions, and hereby agree that they shall not use any such information for any purpose, except as otherwise expressly permitted hereunder. Member further agrees not to disclose or provide any such information to any third party and to take all necessary measures to prevent any such disclosure.
RELEASE: By participating in the Program, Members release Sponsor, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies, third party payment partners, administrators and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.
INDEMNIFICATION: Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Terms and Conditions or any violation by Member of applicable law.
GOVERNING LAW: The Program and these Terms and Conditions are governed by federal law and, to the extent state law applies, the laws of the New York without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms and Conditions to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
RESOLUTION OF DISPUTES; ARBITRATION. While we will make reasonable efforts to resolve any disagreements you may have with Sponsor, if these efforts fail you agree that all claims, disputes or controversies against Sponsor arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Sponsor agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties. The parties will mutually agree on an alternative arbitration or alternate dispute resolution organization if the American Arbitration Association is unavailable or unwilling to participate.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, no responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program and/or Site: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of any user account used in connection with the Program.
To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program or any Rewards shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. In addition, you hereby waive any and all rights to have damages multiplied or otherwise increased.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY 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.
NO WAIVER: Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
CONTACT: If you are having difficulty accessing or navigating the Site, or have other questions about the Program, please send an email to email@example.com