MARMOT REWARDS TERMS AND CONDITIONS

RETURNS:

In the event a User returns merchandise that was partially or wholly paid for with a Rewards Voucher(s), the Rewards Voucher(s) used in connection with that initial purchase shall not be reissued to the User. Points will be restored to the users account in the amount consistent with the number of points it took to earn the Rewards Voucher. For example, if a $10 Reward Voucher was used and that purchase was later returned, 200 points would be refunded to the users Marmot Rewards account. When a product is returned where points were earned, the amount of points earned will be deducted from the users Marmot Rewards account. For example, if a user made a purchase for $100, earning 100 points, and later returned the item, 100 points will be deducted from the users Marmot Rewards account.



TERMINATION:

Marmot may terminate the rewards program at any time in its sole discretion. Notice of termination shall be provided to Users in any manner Marmot deems reasonable, including but not limited to, posting notice on the Marmot website, Facebook, Instagram or other application, or via email. Notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Marmot, Crowdtwist, or a supplier of Rewards Vouchers. Marmot may also terminate a User's participation in the Marmot Rewards if it determines, in its sole discretion, that the User is in breach of any terms of these Official Rules.



GENERAL CONDITIONS:

All federal, state and local laws and regulations apply. Marmot is not responsible for determining compliance with local laws, and to the extent local laws apply, Users are solely responsible for compliance.



TERMS:

By participating in the Marmot Rewards program, Users agree: (a) to be bound by these Official Rules and by the decisions of Marmot, which are final on all matters pertaining to this the Marmot Rewards program, and (b) to release, indemnify and hold harmless Crowdtwist, Marmot and its vendors from all claims and responsibility for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User's use of the website, Points or Rewards Vouchers; (c) typographical, printing or other errors in the offer or administration of the rewards program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing the rewards program; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards Vouchers; (f) any direct or indirect damages, losses, expenses, or injuries relating to, or arising out of the design, manufacture or use of any Rewards Vouchers; (g) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or used in the rewards program or by any technical or human error which may occur in the processing of submissions in the rewards program; or( h) any injury or damage to User's or to any other person's computer related to or resulting from participating or downloading materials in this Marmot Rewards program.

Marmot and all entities involved in conducting this rewards program reserve the right in their sole discretion to limit participation in the program, to assess varying point values to point-earning opportunities, and to terminate or disqualify any User's involvement in the program.

Normal Internet access and usage charges imposed by a User's online service shall apply.



MALFUNCTIONS AND MISCONDUCT:

Marmot reserves the right at its sole discretion to cancel, terminate, or suspend the rewards program without obligation or prior notice if the rewards program is not capable of running as planned for any reason, including but not limited to: (a) computer, programming, system errors; (b) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of rewards program; or (c) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (regardless of whether officially declared).

Any attempts by any User to access rewards program via a bot script or other brute-force attack shall result in that User becoming ineligible and forfeiting any and all accrued Points. Any use of automated means, whether programmatic or robotic or the like, to gather Points shall result in a disqualification of the User from the Marmot Rewards program. Marmot, in its sole discretion, reserves the right to disqualify and terminate participation of any User found to be: (i) tampering with the operation of the Marmot Rewards program; (ii) acting in violation of the Official Rules; (iii) violating the terms of use of The Marmot website, including but not limited to all applicable terms and conditions of that website or websites; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten or harass Marmot, its representatives or any other User in any manner related to the rewards program; (vi) tampering with, altering, or attempting to alter any medium that reflects the amount of Points a User has accrued; or (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate the medium that reflects the amount of Points a User has accrued.



DISPUTE RESOLUTION AND ARBITRATION AGREEMENT:

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both the User and Marmot agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted in connection with the rewards program, or the breach, enforcement, interpretation, or validity of these Official Rules or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to Marmot at:

Newell Brands Inc.

6655 Peachtree Dunwoody Rd., NE

Atlanta, GA 30328

Attn: General Counsel; or

to the User at: your last-used billing address or the billing and/or shipping address in your online profile.

Both the User and Marmot agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.



ARBITRATION AGREEMENT:

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. The User agrees to give up his/her right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. The User and Marmot expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

Then User may begin an arbitration proceeding by sending a letter requesting arbitration to Marmot at the following address: Newell Brands Inc., 6655 Peachtree Dunwoody Rd., NE, Atlanta, GA 30328, attn: General Counsel. The User agrees that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Marmot will reimburse those fees for claims totaling less than $10,000. Marmot waives its right to seek attorneys’ fees and costs in arbitration. The User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either the User or Marmot may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.



WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS:

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. The User and Marmot agree that each may bring claims against the other in arbitration only in their respective individual capacities and in so doing the User and Marmot hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.



ADDITIONAL TERMS:

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or the User’s use of the rewards program ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

LIMITATIONS OF LIABILITY. THE MARMOT REWARDS PROGRAM AND ALL REWARDS VOUCHERS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, AND FOR THE PURPOSES OF ADDITIONAL CLARIFICATION CROWDTWIST DOES NOT CONTROL AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DESIGN, MANUFACTURE OR USE OF ANY REWARDS VOUCHERS. MARMOT IS NOT RESPONSIBLE FOR ANY ASSURANCES, GUARANTEES, REPRESENTATIONS OR WARRANTIES MADE OR IMPLIED BY ANY PARTIES ASSOCIATED WITH OR INVOLVED IN THIS REWARDS PROGRAM, INCLUDING BUT NOT LIMITED TO ANY POINT VALUE VARIATIONS, MERCHANDISERS, MANUFACTURERS, SUPPLIERS OR ADVERTISERS OF ANY REWARDS VOUCHERS OR THEIR TERMS, CONDITIONS OR WARRANTIES RELATING TO SELECTING ANY MERCHANDISE.



PRIVACY:

Marmot, by itself and with its vendors, may and will collect and use information about Users in connection with the Marmot Rewards program, including but not limited to tracking activity on the website and reporting such information internally for Marmot's and its vendors' business purposes. Users expressly agree to the collection and use of such information pursuant to the terms of the privacy policy located at https://privacy.newellbrands.com/index_en.html.

Notice of Financial Incentive. To California Residents: Users have the right to receive equal service and price and not be discriminated against for exercising any of a User’s rights under the California Consumer Privacy Act of 2018 (“CCPA”) as amended or updated. The CCPA also allows Marmot to offer certain financial incentive programs that may result in different prices, rates, or quality levels when consumers make purchases through these programs. When Users sign up for the Marmot Rewards program, Marmot may ask you to provide your email or phone number to receive text messages that include information about the program. A User’s phone number is personal information, and the value of that personal information Marmot us is related to the value of the free or discounted products that Users may obtain in connection with the program, and it is based on the expense related to offering those free or discounted products or services. Before Marmot saves User phone numbers to its databases or send Users any promotional offer, Users have been presented with the opportunity to review these Official Rules and opt-in to the program. Users may withdraw from participating in the Marmot Rewards program at any time in accordance with the terms of these Official Rules as set forth above.  



MISCELLANEOUS:

By participating in the Marmot Rewards program, Users affirm that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules, and to abide by and comply with these Official Rules. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. The Marmot Rewards program is governed, and these Official Rules shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts.



ENTIRE AGREEMENT:

These Official Rules constitute the entire agreement between User and Marmot relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between User and Marmot with respect to such subject matter, except for Marmot Terms & Conditions and Privacy & Security policy, both of which are incorporated herein by reference. These Official Rules may not be changed, waived or modified except by Marmot as provided herein or otherwise by written instrument signed by Marmot. These Official Rules or any right, obligation, or remedy hereunder are not assignable, transferable, delegable, or sublicensable by a User except with Marmot's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Marmot may assign, transfer, or delegate these Official Rules or any right or obligation or remedy hereunder in its sole discretion.