THE SPARKLING ICE REWARDS LOYALTY PROGRAM
TERMS AND CONDITIONS

 

The Sparkling Ice Rewards Loyalty Program (“Program”) is offered at the sole discretion of Talking Rain Beverage Company, Inc., 30520 SE 84th St, Preston, WA 98050 (“Sponsor”). The Program is administered by an independent third party (“Administrator”). In its sole and absolute discretion, the Sponsor may change, modify, or terminate any and all aspects of the Program including, without limitation, its rules, terms, conditions, or rewards, with or without notice. Such changes may or may not affect previously earned Punches and Rewards.

1. PROGRAM PERIOD: The current Program begins on August 10, 2022 (“Program Period”). During the Program Period the specific activities/purchase items, punches, and rewards (as set forth in Sections 3 and 4) may change at Sponsor’s discretion. Any changes will be reflected on the Program Website and in these Official Terms and Conditions. Sponsor may terminate this Program at any time without prior notice in its sole and absolute discretion. Sponsor’s computer is located in the Pacific Time Zone and is the official clock for this Program.

2. ELIGIBILITY: The Program is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age (nineteen [19] in Alabama and Nebraska and twenty-one [21] in Mississippi) at the time of participation. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Program Entities”), and each of their immediate family members (e.g., spouse, parent, sibling, child, and their respective spouses and the “steps” of each, all lineal descendants, including those by adoption, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. This Program is void where prohibited or restricted by law. All federal, state, and local laws apply. Certain promotions may have additional terms and conditions (“Additional Program Terms”) including, but not limited to, shorter/longer submission requirements, different eligibility requirements, or different methods of entry/submission. In these cases, the Additional Program Terms will be listed on applicable promotional web pages, product packaging, and the official rules. The Additional Program Terms will prevail in the event of any conflict between the Additional Program Terms and these Terms and Conditions. Please review individual promotion and sweepstakes rules (as applicable) for details of eligibility and income tax implications.

 

Participants may maintain only one (1) Sparkling Ice Rewards account and pooling of Punches by multiple individuals is not permitted, except when expressly permitted pursuant to these terms and conditions or any applicable Additional Program Terms. The Program is open to individuals only who register using their legal name. Any registrations made under an alias will be deemed a violation of these Terms and Conditions and will be subject to immediate deletion by Sponsor.

Participation constitutes participant’s full and unconditional agreement to these Terms and Conditions and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Program.

 

3. HOW TO PARTICIPATE: To participate in the Program, an eligible participant must visit www.sparklingice.com/rewards and complete and submit the registration form, including, but not limited to: legal first and complete last name (no initials), email address, zip code, and agreement to these Official Terms and Conditions. During the Program Period, eligible participants can earn punches (“Punches”) by participating in different activities (“Activities”) as outlined below. Each Punch also earns participants one (1) entry into the quarterly sweepstakes. Earn five (5) Punches in a month to complete your monthly punch card (“Punch Card”). Completed Punch Cards may be used to redeem rewards (“Rewards”) as set forth in Section 4 below.

A. Qualifying Purchase and Receipt Upload: During the Program Period, a participant may purchase any flavor Sparkling Ice 17 oz. bottle, Sparkling Ice 1L bottle, Sparkling Ice 17 oz 12pack, Sparkling Ice 12 oz 8pack, Sparkling Ice Club pack, Sparkling Ice +Caffeine 16 oz can, Sparkling Ice +Caffeine 16 oz 12pack, Sparkling Ice +Caffeine 16 oz 4pack, Sparkling Ice Superfruit 12 oz can (“Qualifying Purchase”) and follow the instructions at the Website to upload their Qualifying Purchase receipt. Receipts must be uploaded within sixty (60) days of the purchase transaction. Participants can upload an image or images of the entire receipt that contains Participating Products to the Website. The file must be in .jpg, .jpeg, .tiff, .gif, .png, .bmp, or .pdf. and may not exceed 5 MB per receipt. A participant may include multiple Qualifying Purchases on a single receipt, but a Qualifying Purchase and receipt may each only be used once. A participant should keep all original receipts submitted, as Sponsor may request participant provide an original receipt for verification. A participant may not submit the same receipt more than one (1) time. Duplicated receipts will not be accepted. Receipts must be readable. Mechanical reproductions, altered receipts or unreadable receipts will not be accepted. Receipts submitted in excess of the limits set forth herein will not be accepted. Participants will earn one (1) Punch and one (1) sweepstakes entry for every approved purchase receipt uploaded. Limit: A participant may upload five (5) Qualifying Purchase receipts per month.

B. Login to Sparkling Ice Rewards: Participants will earn one (1) Punch and one (1) sweepstakes entry for logging into their Sparkling Ice Rewards account once per calendar month. To login, participants must visit the Website, and sign in to their account using the username (email address) and the corresponding password.

C. Take A Poll: If available, a participant may follow the instructions on the Website to answer poll questions. Upon completion of answering poll questions, a participant will receive one (1) Punch and one (1) sweepstakes entry for each poll completed. Limit: Each poll may only be completed one (1) time during each month.

D. Take a Survey: If available, a participant may follow the instructions on the Website to take a survey. Upon completion of a survey, a participant will receive one (1) Punch and one (1) sweepstakes entry for each survey completed. Limit: Each survey may only be completed one (1) time during each month.

 

4. HOW TO REDEEM PUNCHES ONLINE FOR REWARDS: Each month, completed Punch Cards can be redeemed for Rewards that are displayed on the Website, while Rewards supplies last. Punch Cards are redeemable to Rewards once five (5) Activities are completed in the applicable month resulting in five (5) Punches earned during that month. Punch Cards expire monthly, and punches will not roll over to the subsequent months. Punch Cards have no cash value and cannot be redeemed or exchanged for anything other than the Rewards as set forth in these Official Terms and Conditions. Participant cannot redeem a Reward unless they has completed their monthly Punch Card. To redeem a Reward, the participant must login to the Website and follow the on-screen instructions to review available Rewards. The participant must select the Reward they wishes to order and carefully review any restrictions and terms of each individual Reward. Participant acknowledges that some Rewards may be offered by or redeemed through third parties and those rewards may be subject to additional terms and conditions or other restrictions put in place by such third parties. Once a Reward has been redeemed it may not be returned or refunded to an Account for any reason, including if the Reward is stolen or lost.

5. PUNCH EXPIRATION: A participant may earn Punches during a monthly earning period, starting with the first day of each month and ending on the final day of that month. After the final day of that month, any and all earned Punches and/or completed Punch Cards will be removed from the Account, and a new monthly earning period will begin. Participants that have earned the required five (5) monthly Punches to complete their Punch Card will have until the final day of the following month to redeem their prize. Sponsor is not obligated to provide extensions, and no cash refunds or other exchanges will be allowed for Punches that have been removed from an Account due to expiration. Sponsor reserves the right to modify the duration of a Punch earn period at any time and for any reason.

6. POTENTIAL FUTURE PROMOTIONS: Sponsor reserves the right but not the obligation to allow participants to use their Punch Cards to enter other promotions and/or sweepstakes. Details and official rules for other promotions and sweepstakes, if any, will be posted on the Website.

7. PROGRAM REWARDS:

Third-party product and/or service names, logos, brands, and trademarks appearing as Program Rewards are used only to denote the Program Rewards available under this Program and are the property of their respective owners. These companies are in no way affiliated with this Program and in no way sponsor, endorse, or administer this Program.

 

A. GENERAL TERMS: Limited quantity of Rewards available while supplies last. A participant cannot redeem their monthly Punch Card for Rewards unless they has accumulated five (5) Punches in the same month. To redeem a Reward after earning the required five (5) Punches for the respective Reward, log on to the Website, and click the redeem reward button to access the confirmation of Account and redeem Reward page. Information about each Reward will be provided on the “Confirmation” page. Once a participant redeems a Reward it cannot be refunded, transferred, or re-used. Rewards obtained through this Program are not returnable, refundable, transferable, or exchangeable. No substitutions of any kind (unless at Sponsor’s sole discretion) are offered or permitted with respect to any Reward. All sizes and styles are determined by Sponsor in its sole discretion.

*Note: Only the Sponsor will make donations to participating charities. Participants are not making any donations in the Program and will not receive a receipt, nor will they be eligible to claim any charitable deductions on their tax returns as a result of this Program. The Sponsor and Administrator are not tax professionals and do not provide tax advice.

B. REWARDS AVAILABILITY. All Rewards available on the Website are subject to change by the Sponsor in its sole discretion without notice. Rewards will be redeemed on a “first come, first serve” basis in relation to when participants electronically complete transactions in their Accounts. Once supplies of a Reward offered are exhausted, the Reward will expire and will be designated on the Website as sold out and/or will be deleted from the Website and will no longer be available for redemption in the Program. Sponsor reserves the right, at its sole discretion (without obligation) to substitute merchandise of greater or equal value in the event supplies of any one item exhaust. No exchanges, returns or refunds on Rewards are permitted for any reason. Sponsor does not guarantee the availability of any Reward for any period during the Program. Sponsor may, in its discretion, add new merchandise items for redemption during the Program Period. In the event that any Reward becomes unavailable, Sponsor reserves the right to substitute an item of equal or greater value in its sole discretion.

 

8. ACCOUNT VERIFICATION: All Accounts, Qualifying Purchases, and/or Punches are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Sponsor reserves the right to void Punches and/or Rewards from any IP address or device if suspicious activity is detected or suspected. No Rewards redemption will be valid if such Rewards redemption is associated with any Activities/Punches and/or Account deemed void for any reason, including without limitation, the following: (a) the Punches and/or Rewards are not verified or recognized as being validly issued by Sponsor in the Program; (b) the Punches and/or Rewards is determined to have been previously entered and used. Sponsor may change its policy or set limitations and restrictions on replacements at any time and without any form of notice. Except as expressly stated above, Sponsor, or any of the Program Entities, shall not have any liability or obligation to the holder of a void Qualifying Purchase, Punches and/or Rewards or to any third party, with respect to any void Punches and/or Rewards.

9. LIMITATIONS OF LIABILITY: By participating in this Program, participants agree that the Program Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Program; (vii) any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Program and/or receiving a Reward; and (viii) Punches that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions. Further, the Program Entities are not responsible for any undelivered e-mails, including without limitation, e-mails that are not received because of a participant’s privacy or spam filter settings that may divert any notification or other Program related e-mail to a spam or junk folder.

By participating in the Program, each participant agrees: (i) to be bound by these Terms and Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program-related activity or element thereof, and the participant’s Points, participation or inability to participate in the Program; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Reward (or any component thereof); (d) any change in the available Rewards (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed Rewards (or any element thereof); or (h) the negligence or willful misconduct by participant.

If, for any reason, the Program is not capable of running as planned, or the integrity and or feasibility of the Program is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Program and/or proceed with the Program, including awarding Points and or Rewards in a manner it deems fair and reasonable, from among eligible Points received prior to such cancellation, termination, modification or suspension without any further obligation. If Sponsor, in its discretion, elects to alter this Program as a result of a Force Majeure event, a notice will be posted at the Website.

Without limiting the foregoing, everything regarding this Program, including the Rewards, is 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.

 

10. DISPUTES: THIS PROGRAM IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE KING COUNTY, WASHINGTON. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN WASHINGTON. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN KING COUNTY, WASHINGTON. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR PROGRAM ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

11. PRIVACY: Sponsor’s Privacy Policy is available at: https://www.talkingrain.com/privacy-policy/.

12. GENERAL CONDITIONS: You hereby waive any right to claim ambiguity in these Terms and Conditions. All federal, state, and local laws and regulations apply. Federal, state, and local taxes, if any, are the sole responsibility of the participant. Duplicate or non-conforming requests will not be honored or returned. Program not available to newsletters, clubs, organizations, or groups. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify, the Program and proceed in a manner it deems fair and reasonable. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Program; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Program. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Program will void any attempted participation effected by such methods and the result in the individual utilizing the same to be ineligible to participate in the Program. All registrations and/or materials submitted become the property of Sponsor and will not be returned. Program Entities are not responsible for any lost, late, undeliverable/undelivered, or postage due mail. In the event of any conflict with any Program details contained in these Terms and Conditions and Program details contained in program materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Program as set forth in these Terms and Conditions shall prevail.

13. SPONSOR: Talking Rain Beverage Company, Inc., 30520 SE 84th St, Preston, WA 98050

All trademarks on the Website or in any other Program promotional materials are the property of their respective owners.

© 2022 Talking Rain Beverage Company, Inc. Sparkling Ice® is a registered trademark of Talking Rain. All Rights Reserved.

Customer service inquiries may be made at Contact Us.