Effective Date: February 1, 2022

Last Updated Date: February 2, 2022

Loyalty, Rewards, and Referrals Terms of Use 

MEMBERSHIP

The Soda Sense loyalty, rewards, and referral program (the “Program") is offered by CO2 Exchange LLC, a Wisconsin company d/b/a Soda Sense ("Company", “Soda Sense”) to customers making purchases and to potential customers on sodasense.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you (“You” and/or "Member") and Company with respect to the Program. 

PROGRAM DETAILS

Members are able to earn points through a variety of activities. Activities include engaging with Soda Sense content on social media platforms or on sodasense.com, purchasing eligible products on sodasense.com, having a birthday, leaving a product review, referring a new customer, etc. For a full list of ways to earn points,visit sodasense.com/pages/rewards. Rewards can be redeemed for coupon codes at a rate of 100 points equaling $5.00 USD. Soda Sense requires a minimum points redemption threshold of 100 points ($5.00 equivalent) and a maximum points redemption threshold of 500 points ($25.00 equivalent). Generated coupon codes can be used against future Soda Sense exchange purchases. Accumulated points have no cash value and are not exchangeable for cash. Points are accumulated as follows: Account creation 25 points, 1 point for each dollar spent (excluding dollars spent for exchanges), every 5 exchanges you are rewarded with 100 points, leave a review 20 points, add a video of our products in use earn additional 20 points, birthday reward 50 points, add photo of our products in review earn 20 points, follow us on Instagram earn 20 points, like us on Facebook earn 20 points, follow us on Twitter earn 20 points, follow us on Tik Tok earn 20 points, read blog posts earn 10 points.

MEMBERS' ACCEPTANCE OF TERMS

The Program is only available to customers in the contiguous United States. By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies, and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions. 

COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM

Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes. 

MEMBERSHIP ELIGIBILITY

The Program is open to U.S. residents. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises, or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion. Membership is void where prohibited by law.

MEMBERSHIP ENROLLMENT

Individuals can enroll by creating an account at sodasense.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting sodasense.com/accountand updating their Member account.

PROGRAM COMMUNICATIONS

Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

ELIGIBLE PURCHASES

Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at sodasense.com, count toward your rewards points level. The amount of a purchase made with store credit as method of payment will not be applied to points earnings. The amount of a purchase made with a Soda Sense gift card as method of payment will not be applied to points earnings. The purchase of a Soda Sense gift card will be applied to points earnings. Additional items may be excluded from points accumulation at the sole discretion of Company.

REFERRAL PROMOTION

The Program offers a referral promotion where eligible members are able to refer members of their network to Soda Sense. A bonus of 100 points is earned by the member for each eligible referral. An eligible referral is defined as a new Soda Sense customer who has not previously completed a purchase on sodasense.com or any other sales channel related to Soda Sense (amazon.com, etc.) and completes their first exchange purchase after engaging with a referral link sent to them by the original referrer. Successful eligible referred customers will receive 100 points as well after their first exchange purchase with Soda Sense. Accumulated points have no cash value and are not exchangeable for cash.

VALID EMAIL ADDRESS

A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

RIGHT TO REVOKE

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to or reward points accrued, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.

NO TRANSFER

Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.

EMPLOYEE ELIGIBILITY

All current employees of Company are ineligible to participate in the Program.

TAXES

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

NO WARRANTY

Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

GOVERNING LAW

These Terms and Conditions, the relationship between you and the Company, and Company's loyalty program, shall be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN WISCONSIN. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF WISCONSIN. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

RELEASE OF LIABILITY AND LIMITATION ON DAMAGES

You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.

INTELLECTUAL PROPERTY

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.

WEBSITE TERMS AND CONDITIONS

Soda Sense’s main Website Terms of Service are incorporated herein by reference. To view the Website Terms of Service, please visit sodasense.com/policies/terms-of-service.

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