Loyalty Program Details

PLEASE READ THESE LOYALTY PROGRAM TERMS CAREFULLY. THESE LOYALTY PROGRAM TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

1. Membership and Eligibility. These Gatorade iD Loyalty Program Terms and Conditions (“Loyalty Program Terms”) apply to all members of the Gatorade iD Loyalty Program (hereafter the “Program”). The Program is sponsored by The Gatorade Company, 433 W Van Buren St., Chicago, IL 60607 (together with its current and future parent corporations, subsidiaries, sister corporations, and other affiliates, whether directly or indirectly, wholly or partially, owned or controlled by PepsiCo, Inc. or its parent corporations, “Sponsor”).

By accessing or using https://www.gatorade.com/rewards (the “Site”), participating in the Program, or accepting any Program benefits or offers, you agree to be bound by these Loyalty Program Terms, which may be updated from time to time and are available for review at https://gatorade.com/rewards-terms-conditions and will supersede all previous versions of these Loyalty Program Terms. These Loyalty Program Terms are subject to the Pepsico Privacy Notice found at https://contact.pepsico.com/gatorade/privacy-policy (the “Privacy Policy”). Members (defined below) may use the Site in connection with their membership and subject to the Terms of Use of the Site, which are found at https://contact.pepsico.com/gatorade/terms-conditions (the “Terms of Use”).

The Program is open to legal residents of the 50 United States and D.C. that are 13 years of age or older, and who provide the required information when registering for an Account. The following are not eligible to participate in the Program: teams, clubs, organizations, corporations, associations, collectives, schools, or similar groups of individuals.

2. How to Create an Account. To receive access to a unique Program account on the Site through which Points (defined below) can be earned and accessed (an “Account”), visit the Site, complete all required fields, and follow the applicable prompts to register for the Program. Upon your completion of the enrollment process, subject to the eligibility set forth above, you: (i) become a Program member (“you” or “Member”); (ii) receive access to an Account; and (iii) agree that you have read and accepted these Loyalty Program Terms. These Loyalty Program Terms are subject to periodic changes that Sponsor may make in its sole discretion. Unless otherwise specified herein, all changes to these Loyalty Program Terms apply to all Members, including Members enrolled before the date the changes take effect. There is no Program membership fee. LIMIT: One Account per natural person.

3. How to Earn Points. There are several ways in which Members can earn Points (defined below), including but not limited to: (i) creating and completing an Account; (ii) consenting to receive marketing communications from Sponsor; (iii) redeeming a Loyalty Code (defined below); and (iv) making Qualifying Purchases. Other ways to earn Points are or set forth on the Site and vary from time-to-time as determined by Sponsor in its sole discretion. Under these Loyalty Program Terms, a “Qualifying Purchase” means a purchase of any qualifying Gatorade, Propel, Fast Twitch, Evolve, Muscle Milk product (a “Qualifying Product”) at any authorized retailer of Gatorade located in the 50 United States or Washington D.C. To earn Points (defined below), make a Qualifying Purchase on or after April 19, 2024 and save the receipt. Login to the Site with your Account username and password and follow the prompts to upload a photograph of your receipt. The photo of the receipt must contain the following information: store name, item name and/or SKU, item total, quantity, purchase total, and date and time of purchase. Sponsor reserves the right to reject any receipt that does not contain the foregoing information. If you make a purchase on Gatorade.com while you are logged into your Account, Points will automatically be credited to your Account. If you are not logged in to your Account but make a purchase on Gatorade.com, you will be required to submit the receipt for review in the manner set forth above. Your receipt will be reviewed to ensure it contains all the requisite information set forth below. Upon receipt verification, the number of points earned based on your Qualifying Purchase amount excluding Non-Qualifying Purchases (defined below) (“Points”) will be deposited into your Account at the rate or rates established by Sponsor. Members earn Points at the rate of 10 Points for every $1.00 of Qualifying Purchase amount. If your Qualifying Purchase amount is not a multiple of $1.00, you earn additional Point(s) as set forth, by way of example, in the details below:

Example Amount of Qualifying Purchase:

• $10.01 = 101 Points Earned

• $10.50 = 105 Points Earned

• $10.99 = 110 Points Earned

Members may earn unlimited points through August 11, 2024.  Starting August 12, 2024, members may earn up to 5,000 points per month on Qualifying Purchases.  Points earned through all non-purchase activities will not have a monthly limit, unless as set forth in the given activity. Date points are credited shall be determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to modify at any time the amounts and rates at which Points are earned for Qualifying Purchases.

Qualifying Purchase amount is based on the amount of your actual spend (after discounts and coupons have been applied) on a Qualifying Product (excluding Non-Qualifying Purchases), not a Qualifying Product’s retail value. Under these Loyalty Program Terms, “Non-Qualifying Purchases” means all purchases and/or money spent in connection with a Qualifying Purchase that do not qualify for Points such as taxes, fees, shipping and delivery charges. Sponsor is not responsible for lost, illegible, or mutilated receipts. Multiple photos of a single receipt are not eligible for Points. Only the first receipt scan will qualify for Points, subsequent submissions of the same receipt (by any submission method) will be void.

From time-to-time Sponsor may make available certain offers to Members to earn Additional Points (defined below). The applicable Points, Qualifying Product(s), and additional terms and conditions for the respective offer will be set forth on the Site, (which terms and conditions are incorporated into, and become a part of, these Loyalty Program Terms). Certain offers to receive specific Point amounts, Point qualifiers, or some other Points-earning benefit may limit the definition of what constitutes a “Qualifying Purchase” for that particular offer.

Members may also earn Points on non-purchase activities pursuant to the terms and conditions governing those activities (which terms and conditions are incorporated into, and become a part of, these Loyalty Program Terms) (“Additional Points”). For example, upon registration for an Account, each Member will automatically receive a one-time deposit of Points. Additionally, once per calendar year on a Member’s birthday, Sponsor will automatically deposit Points into the Member’s Account on or about the date of birth provided by the Member at enrollment. Sponsor reserves the right in its sole discretion to determine the terms and conditions of any Additional Points offer and to modify or terminate any Additional Points offer for any reason. Points and Additional Points are together referred to in these Loyalty Program Terms as “Points.”

QUALIFYING PURCHASES MADE PRIOR TO APRIL 19, 2024 ARE NOT ELIGIBLE, AND POINTS WILL NOT BE AWARDED FOR SUCH PURCHASES. It may take up to 14 days from the date of submission of a qualifying receipt or participation in the activity for Points to be deposited in a Member’s Account. You may review your Points balance in your Account on the Site. You do not acquire property rights in any Points in, or earned but not yet issued into, your Account. POINTS HAVE NO CASH VALUE OR EQUIVALENT AND MAY NOT BE REDEEMED FOR CASH, CREDIT, OR OTHER VALUE. NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED POINTS.

4. What can Points be Used For. Points earned and available in a Member’s Account may be redeemed for various merchandise, discounts, or other promotions available on the Site from time-to-time. The total number of Points a Member can use is the number of Points available in their Account. Upon completion of any redemption activity, the Points will be deducted from Member’s Account. The deduction of Points is final and, except as expressly set forth herein, Points will not be returned.

5. Point Redemption and Expiration; Special Promotions. Items available and corresponding Points required for redemption will be communicated on the Site. Any coupon issued in connection with the Program is subject to the terms and conditions listed thereon. Sponsor is not responsible for lost, stolen, mutilated, or expired coupons. Coupons will not be replaced or reissued. Further, Sponsor may also award Point(s) to Members, or to any subset of Members from time to time. Sponsor may attach additional or different terms and conditions to any Points awarded by Sponsor. Sponsor may limit the availability of any Program promotion or offer, in whole or in part, to any Member(s) at any time. UPON “INACTIVITY,” YOUR ACCOUNT BECOMES INACTIVE AND ALL OF YOUR POINTS ARE FORFEITED AT THE END OF THE 15 MONTH ANNIVERSARY OF THE LAST POINT WAS DEPOSITED IN THE ACCOUNT. ALL POINTS EXPIRE WITHOUT CREDIT, PAYMENT, OR OTHER VALUE TO YOU. “Inactivity” means, failing to redeem or earn Points for a period of 15 consecutive months from the time the last Point was deposited, excluding Points earned in connection with a Member’s birthday. Points may not be used to pay for shipping, taxes, or other fees, if any.

6. Ways to Earn Additional Points. The following are ways Members can earn Points through additional purchase and non-purchase activities. Point values for these activities will be determined by Sponsor in its sole discretion.

a. Create an Account. Navigate to the Site and follow the on-screen instructions to create an Account. Upon creation of an Account, you will receive an e-mail that will identify the number of Points you have earned for creating an Account. Limit: Members may earn Points once per person per lifetime by completing this activity.

b. Referred Friend Purchase Bonus. Each Member has a personalized “refer-a-friend” link (“Link”) that they can share with friends interested in joining the Program. Log into your Account, navigate to the “refer-a-friend” page of the Site, and retrieve and copy your Link. E-mail the Link to friend(s) who (i) do not have an Account, (ii) are eligible to participate in the Program, and (iii) agree to receive the Link via e-mail from you (each a “Referred Friend”). You agree not to spam or send large numbers of unsolicited emails or bulk e-mails containing your Link. Each Referred Friend will be invited to create an Account when navigating to the Link. For you to earn Points through the Link, the Referred Friend must (i) create an Account, and (ii) make their first purchase on Gatorade.com of $50 or more in a single transaction. Once the Referred Friend’s purchase is verified, you will receive Points within 14 days. Sponsor has a right to limit the number of times you may earn Points using your Link.

c. Birthday. Upon creation of your Account, you will provide your date of birth (“Birthday”). On or about your Birthday, you will receive Points. Limit: Members may earn Points once per person per calendar year through this activity.

d. Sign Up for Marketing E-mails. You may sign up for marketing e-mails as follows: (i) upon creation of your Account, go to the Site, follow the on-screen instructions, provide your e-mail address and check the un-checked checkbox confirming that you want to opt-in to receive marketing e-mails, or (ii) visit https://www.gatorade.com/newsletter and check the un-checked checkbox confirming that you want to opt-in to receive marketing e-mails. Limit: Members may earn Points once per person per lifetime by completing this activity.

e. Enter a Loyalty Code. From time-to-time, Sponsor may make available certain codes to Members to earn Additional Points (“Loyalty Code”). The applicable Points and additional terms and conditions for the respective Loyalty Code will be set forth in connection with the Loyalty Code (which terms and conditions are incorporated into, and become a part of, these Loyalty Program Terms). Loyalty Code(s) must be obtained legitimately.

f. Download the Gatorade GX App. Visit the App Store or the Google Play Store and download the Gatorade GX mobile application (“App”) onto your personal device. Open the App and log into your Account. Upon completion of these steps, you will receive Points. Limit: Members may earn Points once per person per lifetime by completing this activity.

g. Sign up for a Subscription. Navigate to https://www.gatorade.com/subscriptions, log into your Account, and subscribe for a recurring purchase of a Qualifying Product. Once you complete your subscription to receive recurring deliveries and your order is verified, you will receive Points designated by Sponsor. Limit: Members may earn Points once per person per lifetime by completing this activity, regardless of the number of purchases, subscriptions, purchase amounts.

h. Make a Purchase Through Gatorade.com. Navigate to the Site, log into your Account, and make a purchase through Gatorade.com of any Qualifying Product. If you make 2 purchases before 11:59:59 CT on December 31 of the then-current calendar year, you will receive 100 Additional Points. If you complete an additional 2 purchases before 11:59:59 CT on December 31 of the then-current calendar year, you will receive Points. Points will be deposited upon verification of purchase. If you are not logged in to your Account, you are not eligible for these Points. Limit: Members may earn Points 2 times per person per calendar year by completing this activity, regardless of the number of purchases, subscriptions, purchase amounts.

i. Purchase a Customized Bottle. Visit https://www.gatorade.com/customize, select your desired Gatorade custom bottle and click “customize.” Customize your bottle, click “add to cart” and complete your purchase. You will receive an email confirming your purchase and the corresponding Points received for your purchase. Towels and other merchandise are ineligible for this offer. Limit: Members may earn Points once per person per lifetime by completing this activity.

7. Redemption Activities. The following are ways Members can redeem Points.

a. One-Time $5 Coupon. Use Points available in your Account to redeem a $5 manufacturers coupon, which shall be delivered by mail to the address indicated in your Account. Coupon must be redeemed by date set forth on the coupon. Coupons are good for $5 off any purchase of Gatorade at any retailer within the 50 United States or D.C. that accepts paper coupons. Coupons are subject to the terms and conditions listed thereon, including expiration date. Coupon will be shipped in accordance with the on-screen instructions. Sponsor is not responsible for any coupons that are lost, late, mutilated, stolen, or rendered unusable or misdelivered during shipment or upon receipt. Sponsor’s sole responsibility hereunder is to ship coupons to verified Members. Any taxes, fees, and other related costs incurred in conjunction with using the coupon are the sole responsibility of the Member. Coupon is not transferable or reproducible and may not be sold or auctioned or bartered. No cash value or cash back for any reason. All redemptions are final. The coupon cannot be combined with other product offers or promotions. Use of the coupon for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Coupon is void if (a) not obtained in accordance with these terms and conditions and through legitimate channels; or (b) any part of the coupon is counterfeit, altered, defective, tampered with or irregular in any way. In the event you receive a defective coupon, your sole remedy (and Sponsor’s sole liability) is to replace the defective coupon with another coupon prior to coupon expiration date (while supplies last). Limit: Members may redeem one coupon per person per lifetime.

b. Discounts. If you have 750 Points or more, you may redeem a discount on your next order on Gatorade.com using Points available in your Account. If you choose to apply a discount, the maximum discount allowed based on your Points total will be applied to your purchase, before taxes and fees. In your cart, check the box beneath the checkout button indicating that you want to apply Points towards a discount and proceed with making your purchase with a discount applied. Points will be applied toward a discount as follows:

750 points gives you $5 off, 1,500 points gives you $10 off, 2,200 points gives you $15 off and 3,000 points gives you $20 off.

8. Free Shipping. To qualify for free shipping, you must be logged into your Account when making a purchase on Gatorade.com. Free shipping is only available to Program members in good standing who are shipping to valid residential addresses within the 48 U.S./D.C. (excluding AK/HI). Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options selected. The address must be in one of the forty-eight (48) contiguous United States or the District of Columbia. Currently Sponsor does not ship to Alaska or Hawaii. If a product is currently unavailable in your area, there will be a corresponding disclaimer on the product page and at checkout. Sponsor does not ship internationally, to P.O. Boxes, or FPOS.

9. Returns. All sales on Gatorade.com are final. Sponsor does not permit any refunds, returns or exchange on sales made through Gatorade.com. If Sponsor becomes aware that Qualifying Purchases are being made with the intent of earning Points and then returned, Sponsor reserves the right to immediately suspend your Account and void any Points that Sponsor suspects, in its sole and absolute discretion, were given in connection with such fraudulent Qualifying Purchases.

10. Loss of Account Identifier, Restrictions, and Taxes. You are entitled to only one Account. If you have more than one Account we may, in our discretion, combine your Accounts into one Account. We also reserve the right to close Accounts at any time in our discretion and for any reason. You will immediately notify Sponsor in the event of a change in Account login information. Sponsor is not responsible for (i) lost or stolen Account login information or (ii) any misuse resulting from any lost or stolen Account login information. Your Account remains the property of Sponsor and must be surrendered upon request. Except as expressly permitted by Sponsor in its discretion, Accounts and Points are not transferable, not descendible and may not be sold, resold, exchanged, auctioned, returned, or bartered. Points you earn or are awarded may be subject to taxation, for which you are solely responsible. Points and your Account have no cash or pecuniary value and you have no property or other interest or right to them (including, without limitation, no community property interests apply to a spouse's Account, and they are not descendible upon death) and you may not sell, gift, encumber or transfer Points or your Account.

11. Fraud and Errors. Sponsor may adjust your Account status or Points balance, at any time and without notice, due to any (A) computer error, (B) technical issues experienced by Sponsor, (C) machine malfunction, (D) employee, customer, or other error, (E) fraud or other misuse of Points or the Program or (F) other reason which Sponsor deems appropriate. All transactions involving Points are subject to review and verification by Sponsor. All Points are for one-time use, and all transactions involving Points are final unless otherwise determined by Sponsor. Any violation of these Loyalty Program Terms may result in the confiscation or cancellation of your Points and the suspension or termination of your Account.

12. Trademark Notice. The trademarks displayed on the Site are registered and unregistered trademarks of Stokely-Van Camp, Inc. and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark on the Site in violation of these Loyalty Program Terms, Sponsor and its licensors may aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All other trademarks herein are the property of their respective owners.

13. Disclaimers; Limitation of Liability. SPONSOR MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITE, THE CONTENT, OR ANY OTHER MATERIALS OR FEATURES ON THE SITE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOUR USE OF THIS SITE AND RELIANCE OF ANY SUCH MATERIALS WILL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS. SPONSOR MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR ANY OTHER MATERIALS ON THE SITE WILL BE PRESERVED. SPONSOR EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND THE INFORMATION AND SOFTWARE THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. If you download any material from this Site, you do so at your own discretion and risk. You are responsible to take customary precautions against computer viruses, inaccuracies, typographical errors or other defects, applications or any other material or information on or made available through the Site, and you are also responsible for any damage to your computer system or loss of data that results from the download of content or any other material on the Site.

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SPONSOR OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE INCLUDING ANY INFORMATION AND SOFTWARE CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SPONSOR OR THE INDEMNIFIED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SPONSOR'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SPONSOR OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THIS PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR NOR THE INDEMNIFIED ENTITIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SPONSOR IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND SPONSOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

14. Overall Loyalty Program Terms. The Program is void where prohibited by law. Use of the Site, without enrolling in the Program, does not make you a Member and does not entitle you to the benefits of membership in the Program. If any provision of these Loyalty Program Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Loyalty Program Terms and will not affect the validity and enforceability of any remaining provision. Participation in the Program is subject to these Loyalty Program Terms and all other terms and conditions, rules, policies, and procedures that Sponsor may establish or change at any time and from time to time without notice.

Sponsor may request proof of identification and age to verify (A) eligibility for Program membership, (B) membership participation, and (C) compliance with these Loyalty Program Terms. Providing false information or omissions of any information requested on the Site may be grounds for denial of enrollment and/or forfeiture of Points in the Member’s Account. If, as a result in a change by Sponsor in the participation requirements set forth above, a Member no longer meets the requirements for participation, then, from the date of such change, such Member will no longer be entitled to earn Points or receive other Member benefits (and all purchases from the date of such change by such Member will be Non-Qualifying Purchases), unless and until such Member meets the revised participation requirements.

Sponsor may change the Program and these Loyalty Program Terms at any time and without notice, including but not limited to (i) changing the Program’s earning rates, (ii) changing the Program’s structure, (iii) removing or changing Points, including the rate at which Points are earned, (iv) changing the redemption value of Points, (v) raising or lowering Point levels, (vi) revising the procedures and rules for earning or redeeming Points, (vii) changing when Points expire, (viii) associating, combining, integrating, linking, or merging the Program with other programs, (ix) associating, combining, integrating, linking, or merging other programs with the Program, and (x) changing the list of products that qualify for Qualifying Purchases. Sponsor may make these changes even if these changes affect your ability to use Points already accumulated. You are responsible for remaining knowledgeable about these Loyalty Program Terms. Your continued participation in the Program constitutes your acceptance of any changes to these Loyalty Program Terms.

If to access your Account you use a user ID and password, you are fully responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur with respect to your user ID and password, whether or not you authorize the activities. You must immediately notify Sponsor of any unauthorized use of your user ID or password of which you become aware. You acquire no property rights in your password, Points, or Account. You may not give access to your Account to any third-party on-line service, including but not limited to any points management service, points tracking service, points aggregation service, or other service.

The interpretation and application of these Loyalty Program Terms is at the sole discretion and determination of Sponsor, which in each case is final and conclusive. Sponsor assumes no responsibility for errors caused by equipment or system malfunctions, acts of God or other items outside of Sponsor’s control, or incorrect Member information and Member understands and acknowledges that certain limited time offers may not be available due to the foregoing interruptions (“Interruptions”) and therefore Member may not have an opportunity to take advantage of such offers. Sponsor reserves the right, in its sole discretion, to either extend a limited time offer (or not) or offer an alternative offer (or not) in the event of an Interruption and Member waives any claim Member may have due to Member’s inability to accept an offer or redeem Member’s Points due to such Interruption. If you wish to discontinue your participation in the Program you may cancel at any time by reaching out to a customer support representative here.

15. Applicable Law and Jurisdictional Matters. These Loyalty Program Terms are governed and interpreted under the laws of the state of New York, United States of America. By using this Site, you consent to the jurisdiction of the federal and state courts located in New York for any action or dispute arising from or in connection these Loyalty Program Terms. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE LOYALTY PROGRAM TERMS, WILL BE RESOLVED INDIVIDUALLY ON YOUR OWN BEHALF, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS. These terms operate to the fullest extent permissible by law.

If any portion of these Loyalty Program Terms is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.  Sponsor's failure to act with respect to a breach of these Loyalty Program Terms by you or others does not constitute a waiver and shall not limit Sponsor's rights with respect to such breach or any subsequent breaches.

These Loyalty Program Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Sponsor and is accepted by you upon your use of the Site or your Account. These Loyalty Program Terms constitute the entire agreement between you and Sponsor regarding the use of the Site and your Account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Loyalty Program Terms.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE LOYALTY PROGRAM TERMS, UNDER NO CIRCUMSTANCES IS SPONSOR LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. YOUR MAXIMUM RECOVERY UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE AMOUNT OF POINTS AWARDED TO YOU BY SPONSOR DURING THE FIRST SIX (6) MONTHS PRECEDING THAT ACT OR OMISSION WHICH GAVE RISE TO YOUR PROGRAM CLAIM(S).

Visit https://www.gatorade.com/rewards for the most current Loyalty Program Terms.

16. Questions. Still have questions, believe you are missing Points, or experiencing difficulties with your Account? Please reach out to a customer support representative here.

17. Sponsor. The Gatorade Company, 433 W Van Buren St., Chicago, IL 60607.