OTTER REWARDS TERMS & CONDITIONS

Rewards Program | Contest & Sweepstakes

Welcome to the Otter Products Rewards Program! These Terms govern your creation of an account and participation in the Otter Rewards Program (the “Program”). We refer to any accounts opened for the Program as “Program Accounts” and we refer to the Site and the Program together as our “Services” in these Terms. We refer to Site Accounts and Program Accounts together in these Terms as “Accounts”. The Program allows eligible participants to earn points when they sell OtterBox or LifeProof product or in other ways designated by us (the “Points”). By collecting Points, you can earn certain Rewards, which may be redeemed towards merchandise and experiences detailed in the Program Rewards Catalog. Rewards and Points may vary based on a variety of factors in our sole discretion, including the date or time of Point accrual, geographic location, and whether we are running a trial or test program to evaluate changes to the Program.

The Services are made available to you by Otter Products, LLC (“Otter Products”, “we”, or “us”) based on the terms contained herein (the “Terms”). Please review these Terms before using the Services, including creating an Account, using the Site, or participating in the Program. These Terms, which may be modified from time to time, apply to all users of, the Services, including without limitation all participants in the Program.

Accessing, browsing or otherwise using the Services indicates your agreement to these Terms including the arbitration provision with a class action waiver, so please read these Terms carefully before proceeding. The Services are intended for use and participation in the United States and Canada only and will be governed by the laws of the State of Colorado without regard to Colorado’s choice of law provisions. If you do not agree to these Terms and/or are not located in the United States or Canada, do not use the Services.

In addition to these Terms, please also review our Privacy Policy, for details of our policy regarding the use of personal information collected in connection with the Services (the “Policy”). The Policy is hereby incorporated into the Program.

From time to time we may update the Services, the Policy, and these Terms. For example, we reserve the right to add, withdraw, or otherwise change the ways in which you can earn Points at our sole discretion, with or without notice to you. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Otter Products may, in its sole discretion, and at any time, discontinue the Services or any part thereof (including, without limitation the Program), with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that Otter Products will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity.

OTTER REWARDS PROGRAM

Eligibility: The Program is open only to legal residents of the United States and Canada who are eighteen (18) years of age or older and are employees of participating customers of Otter Products. Otter Products reserves the right to approve, deny, or revoke membership in the Program for any individual for any reason or no reason. The Program is void where prohibited, and is subject to all applicable federal, state, and local U.S. or Canadian laws.

Program Period: The Program begins upon launch of the Services and may be terminated in accordance with the Terms set forth herein (“Program Period”).

How to Create a Program Account: Visit the link contained in the invitation email received from your employer( www.otterrewards.com (also a “Site”)) and submit all required member profile information. Upon successful enrollment and creation of a Program Account, you will receive a Loyalty Member ID. By enrolling in the Program, you also expressly agree to receive email communications from Otter Products. Participants cannot unsubscribe from transactional email communications regarding the Program unless the Participant chooses to cancel their Program Account. If you unsubscribe from Otter Products marketing emails, we will still email you about the Program, your Program Account, and your Rewards unless you cancel your Program Account.

Only the individual named as the primary account holder for the Program Account will accrue Points and will be entitled to access Program Account information. Points may not be combined from different Program Accounts for any purpose. Anyone found attempting to use multiple/different identities, email addresses, IP addresses, account details, registrations, or logins, or otherwise attempting to obtain more than one (1) Program Account per person/email address/IP address may be ineligible for the Program; his/her Program Account(s) may be cancelled; and all corresponding Points may be void, in Otter Products’ sole and reasonable discretion. In the event of a dispute over ownership of a Program Account, the Program Account will belong to the authorized account holder of the email address submitted at the time of enrollment. For purposes of the Program, the authorized account holder is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the associated domain.

As part of creating a Program Account, you will be required to create a complex password. Password requirements and tips for creating a secure password will be provided to you at the time you create your Program Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Program Account and your computer; you may not email, post, or otherwise disseminate any username or password that provides you with access to the Program or our other Services. You are responsible for all activities that occur under your Program Account. Online account takeovers are a growing problem, as malicious actors are using usernames and passwords stolen from other companies and testing them on other websites. We recommend that you use a username and password combination that is unique for this Program and these Services, and is not used elsewhere. You agree to notify us immediately of any breach of security or unauthorized use of your password or Program Account. You further agree that you will not impersonate a third party in your communications with us, and that you will only submit information about yourself. You must maintain accurate and updated personal information as part of your Program Account profile. You can update your Program Account profile by logging into your Program Account on our Site or by calling Otter Products at 855-341-6464.

Otter Products is not responsible for any change of email address, phone number, or any other contact information of participants. All decisions made by Otter Products concerning Program Accounts are final and conclusive.

How to Earn Points: Once you have enrolled and created a Program Account, you can begin earning Points by selling LifeProof and OtterBox products in the course of your job. The sale of qualified products is automatically tracked and updates your Points balance visible on your Program account. For a current list of other ways in which you can earn Points, including any additional terms applicable to particular Point-earning methods, visit www.otterrewards.com. Log into your Program Account to view information about your Points earned as part of the Program, as well as other information specific to you. Otter Products will attempt to credit your Program Account with Points on a timely basis. Points will not be awarded for sales of non-qualified product or where Points have already been awarded. However, you are responsible for ensuring that your Points are properly credited. If qualified Otterbox or LifeProof products that you sold are returned, the Points earned from that qualifying sale will not be deducted from your current point total however return of goods sold will be monitored for fraudulent activity.

Otter Products reserves the right to make corrections and/or invalidate Points from a Program Account if we determine that Points were improperly credited to your Program Account or were obtained fraudulently. Without limiting any other remedies, Otter Products may suspend or terminate any Program Account and invalidate any associated Points/Rewards if Otter Products suspects in its sole discretion that you or any other person has engaged in fraudulent activity in connection with your Program Account and/or this Program, including without limitation in the event Points were improperly credited to a Program Account or obtained fraudulently. Otter Products assumes no liability for discrepancies, omissions, inconsistencies, or errors in the amount of Points accrued to a Program Account as reported via the Services.

Points do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason. Points will expire twelve (12) months from the date on which they are earned. For example, if you earned a Point on October 1, 2018, that Point will expire and be deducted from your Program Account on October 1, 2019, unless used towards a Reward before that date. Any unused Points remaining in a Program Account after the end of the Program Period shall also be void.

How to Redeem Points: Once you have earned Points, you may be able to redeem Points for certain Rewards and benefits as described at www.otterrewards.com (collectively, “Rewards”). For example from your Program account you will be able to click on the reward you wish to redeem. If you have enough Points to redeem that reward you will receive an email confirmation with a promotional code that can be used on www.otterbox.com or www.lifeproof.com. Once you have received the confirmation email you will notice that your Points balance has been updated. You may also be able to use Points to enter into a contest to win an experience and additional terms may apply. Points are tallied approximately every thirty (30) days to determine whether you have reached a Point threshold. The maximum number of Points that can be accrued is two thousand (2000). Once you reach 2000 Points, you must redeem for Rewards before you start accruing again.

Points have no cash value and are not redeemable for cash. Points may only be used once. No change or monetary currency will be given for Points.

Experiences: Experience prize winners will be selected at random by a third party after the close of the entry period. An Otter Products designee will send potential winners of an experience an e-mail notification to the e-mail address provided at registration if prizes are not redeemed within seventy-two (72) hours of the first prize notification, prize will be forfeited and put back into the prize pool and re-awarded at Otter Product’s sole discretion, if time allows. In the event an email notification is returned as undeliverable, or if a potential winner does not comply with these official rules, he or she will be disqualified and the prize will be forfeited, and put back into the prize pool and re-awarded at sponsor’s sole discretion, if time allows. Otter Products shall have no liability for a potential Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Otter Products may change the dates of an experience prize or substitute a different experience prize at Otter Products’ sole discretion if an event of Force Majeure occurs. For purposes of experience prizes, rescheduling or cancellation of underlying events by third parties that are the main focus of experience prizes shall be considered events falling under the definition of Force Majeure.

Potential prize winners may be required to sign and return an affidavit of eligibility and/or liability/publicity release (except where prohibited) and any other requested documents, including an IRS Form W-9 or applicable Canadian tax form if applicable, within the time limit specified in each document, or the prize may be forfeited in its entirety and awarded to an alternate prize winner, time permitting, at the sponsor’s sole and

The Winner is solely responsible for all applicable taxes, insurance, travel-related expenses not set forth in the prize description or herein and any other expenses, which may be required for the enjoyment and use of the Prize at Otter Products’ absolute discretion.

Canadian participants may be required to pay applicable duties or handling fees for prizes shipped from the U.S..

Taxes: The earning and redemption of Points are subject to all applicable laws and regulations. Point’s redemption thereof may be subject to income or other taxes. Any applicable federal, state, provincial or local taxes of any jurisdiction connected to the issuance, acceptance and use of the Points and any Rewards, and all disclosures, reporting and payments related thereto, are the sole responsibility of the Member, unless otherwise established by the laws and regulations of the relevant jurisdiction. In accordance with U.S. or Canadian tax law, as applicable, Otter Products may be required to send to you and file with the IRS a Form 1099-MISC (Miscellaneous Income) or Canadian T4A form for the year in which a Reward is issued to you. The valuation of Point redemptions for Form 1099-MISC or T4A tax reporting purposes will be at Otter Products’ sole discretion. You are solely responsible for any personal tax liability arising out of the redemption of Points and Otter Products will not be responsible for any tax consequences which may flow from your participation in the Program.

General Reward Restrictions and Limitations: Points and codes may only be used once and have no cash value. Unless otherwise stated each code will expire at 11:59:59 p.m. PDT on the sixtieth (60) day from the date of issuance. Lost, stolen, or expired codes will not be replaced. Any gift cards, coupons, and vouchers issued as Rewards are subject to the terms and conditions set by the issuer and/or set forth thereon. Rewards (including without limitation Program codes) are not redeemable for cash, transferable or assignable for any reason, including to a participant’s estate or to any successors or assigns. Any approximate retail value of any Reward is based on available information provided by or to Otter Products and the value of any Reward awarded to a recipient may be required to be reported for tax purposes where required by law. Otter Products , its parent and subsidiaries and affiliated entities, and each of their 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, participation in the Program, or any Points or Rewards related to the Program.

The sale, barter, transfer or assignment of any accumulated Points or Rewards (including on Internet auction sites), other than by Otter Products is strictly prohibited. Points and Rewards may not be given away. Points are null and void and Reward requests will be rejected if Points are not obtained through authorized, legitimate channels. Any Points or Rewards which Otter Products deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of these Terms may be confiscated and/or cancelled.

Points, Reward requests, and Rewards will be void if they fail to pass anti-fraud detection measures, if they are found to be unauthorized, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Otter Products for use in this Program, or if they are defective, produced in error, illegible, or unreadable. Points and Rewards are null and void and will be rejected/removed from the participant’s Program Account if not obtained through authorized, legitimate channels. No Reward will be valid if such Reward is associated with any user, actions, and/or Points deemed void for any reason, including without limitation, if Points/Rewards are: (a) not verified or recognized as being validly issued by Otter Products in the Program; (b) determined to have been previously entered and used; (c) incorrectly or incompletely entered or submitted; (d) obtained in a manner deemed by Otter Products to be fraudulent or otherwise invalid; or (e) otherwise void. Each participant acknowledges and agrees that the decisions of Otter Products as to Points and Rewards, Program Account balances, and Point transactions shall be final, binding and conclusive in all matters relating to the Program, including without limitation determinations regarding the validity of receipt of Points, Rewards, and other materials submitted for verification (if any).

Conduct of Participants: Otter Products reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Program Account registered by such person (and void any associated Points/Rewards) if Otter Products deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; (b) damaging, tampering with or corrupting the operation of the Program; (c) acting with intent to annoy, harass or abuse any other person; (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Services; or (e) repeated attempts to participate, open Program Accounts, and/or enter/receive repetitive, void, additional, or otherwise invalid or fraudulent Points/Rewards in one or more Program Accounts, as determined by Otter Products ; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Otter Products to be generally inconsistent with the intended operation of the Program. Caution: any attempt by a person to deliberately damage or corrupt any Services or undermine the legitimate operation of the Program is a violation of criminal and civil laws. Should such an attempt be made, Otter Products reserves the right to prosecute and seek damages from any such individual to the fullest extent of the law.

Program Modification/Termination: Otter Products reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined in these Terms, even though such changes may prospectively affect the Program or the availability of Rewards. Otter Products reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transactions therefrom or to make Points selectively available to certain participants based upon factors, including geographic location, in its sole discretion. Additionally, participation in the Program is offered at the discretion of Otter Products and it reserves the right to modify these Terms, Point availability, benefits, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Program, prospectively, in whole or part, at any time, with or without notice. If for any reason Otter Products determines in its sole discretion that the Program or any aspect of the Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Program), Otter Products, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, including without limitation, any means of earning Points, at any time. In the event Otter Products so cancels or terminates the Program, all unredeemed Points outstanding at the time of such cancellation or termination shall be void. You may cancel your participation in the Program and close your Program Account by contacting Otter Products on 855-341-6464 or emailing us at privacy@otterproducts.com. If you cancel your participation in your Program, you will no longer earn Points, your Program Account will be deactivated, and all remaining and unused Points and Rewards will be forfeited.

Prohibited Uses of the Services: You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Otter Products, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services and/or our related services and products (“Prohibited Uses”).

You shall not circumvent, disable or otherwise interfere with security-related features of the Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or materials. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden, or disable the same.

You understand and agree that you have no ownership rights to any Account you may have with us, or other access to the Services or features therein. Otter Products may cancel your Account(s) and delete all User Submissions associated with your Account(s) at any time, and without notice, including without limitation if Otter Products deems that you have violated these Terms, the law, or for any other reason. Otter Products assumes no liability for any information removed from our Services, and reserves the right to permanently restrict access to the Services or an Account. You agree that Otter Products shall not be liable to you or any third party for any termination or suspension of your Account(s) or for blocking your access to the Services.

Products and Orders: All features, specifications, products and prices of products and services described on the Services are subject to change at any time without notice. From time to time there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Services. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Services or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Services; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time. Any products and/or services described in the Services are offered in jurisdictions where they may be legally offered for sale. The information on the Services is not an offer or solicitation by anyone in 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. All Rewards are final and cannot be returned. For information regarding our warranties for OtterBox and LifeProof products please click on the below links.

https://www.otterbox.com/en-us/warranty-full.html

https://www.lifeproof.com/en-us/global-warranty.html

USE OF ACCOUNTS

Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all. If you create any Account on the Site or otherwise submit information to us, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid email address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and Account(s). Additionally, you are entirely responsible for any and all activities that occur under your Account(s). You agree to notify Otter Products immediately of any unauthorized use of any of your Accounts. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Otter Products is not liable for any loss that you may incur as a result of someone else using your password or Account(s), either with or without your knowledge, and is not responsible for any delay in shutting down your Account(s) after you have reported a breach of security to us.

Linking: Periodically, links may be established from the Services to one or more external sites, services, platforms, or resources operated by unrelated third parties (the “Third Party Services”). These links are provided for your convenience only. In addition, certain Third Party Services also may provide links to the Services. These links should not necessarily be deemed to imply that Otter Products endorses the Third Party Services or any content therein.

Otter Products does not control and is not responsible or liable for any Third Party Services or any content, advertising, products, or other materials on or available from such Third Party Services. Access to any Third Party Services is at your own risk and Otter Products will have no liability arising out of or related to such Third Party Services and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Services.

Disclaimer: The Services are provided on an “as is,” “as available” basis. To the fullest extent permitted by applicable law, no warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to the Services, or any information or software therein. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

Limitation Of Liability: Under no circumstances, including negligence, shall Otter Products be liable for any direct, indirect, incidental, special, punitive, or consequential damages (collectively, “damages”) that result from the use of or inability to use the Services (including without limitation the site or the Program), nor shall Otter Products 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 Otter Products’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to the Services’ records, sites, or programs. Under no circumstances, including but not limited to a negligent act, will Otter Products or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the Services, even if Otter Products has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you, and the foregoing paragraph shall not apply to a resident of New Jersey to the extent damages to such New Jersey resident are the result of Otter Products’ negligent, fraudulent or reckless act(s) or intentional misconduct.

Arbitration Provision: You each agree that any dispute, claim, or controversy arising from or relating to the Services or these Terms shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis. The arbitrator's authority to resolve claims and make awards is limited to claims between you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. THIS MEANS THAT NEITHER OF US WILL HAVE THE RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION RELATING TO THE SITE, AND THAT ANY ARBITRATION PROCEEDINGS WILL BE LIMITED TO THE CLAIMS BETWEEN YOU AND US. BOTH YOU AND WE ARE GIVING UP ANY RIGHT YOU AND WE MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION.

This Arbitration Provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, this Arbitration Provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family. This Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, cross-claims and third-party claims, and claims based upon torts, statutes, regulations, common law and equity. However, any dispute over the validity, enforceability or scope of this Arbitration Provision shall be decided by a court, not an arbitrator.

You or we may commence an arbitration proceeding by following the rules then in effect for either JAMS or the American Arbitration Association (AAA) for disputes with any individuals in the United States or the ICDR Canada for disputes with any individuals in Canada, as selected by the party commencing an arbitration. For a copy of the rules, to file a claim or for other information, contact either JAMS (jamsadr.com or 1-800-352-5267); AAA (adr.org or 1-800-778-7879); or ICDR Canada (icdr.org/icdrcanada or 844-859-0845). In addition to JAMS, AAA, or ICDR Canada, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of this Arbitration Provision. This Arbitration Provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and these Terms, these Terms shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality.

If there is an in-person arbitration hearing, it shall take place in the federal judicial district that is closest to your residence. You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration. In a dispute involving $10,000 or less, you may choose to have the arbitration conducted by telephone, based on written submissions from the parties, or in person according to the JAMS or AAA rules.

This Arbitration Provision shall survive termination of these Terms and/or the Services or your use of the Services and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision; provided, however, that the entire Arbitration Provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable. If a court decides that the entirety of this Arbitration Provision is invalid or unenforceable, the remainder of the Terms shall still apply.

You may opt out of this agreement to arbitrate by notifying Otter Products in writing within 30 days of the date that you first became subject to this arbitration provision. To opt-out, mail a letter that includes your name, address, and phone number, and states your decision to opt-out of the arbitration provision to: Otter Products, LLC, Attention: Legal Department - Arbitration Opt-out, 209 S. Meldrum St., Fort Collins, CO 80521.

Force Majeure: Otter Products will not be liable in the event of any delay or cancellation due to any act by any governmental authority, act of war, natural disaster, embargo, riot, civil commotion, or act of terrorism that causes complete business interruption or severely impacts the offering of Rewards, prizes, or experiences (“Force Majeure”), provided that such Otter Products did not cause such event, and Otter Products gives reasonable notice, as applicable, of the Force Majeure event.

Revisions: Otter Products may terminate, change, suspend or discontinue any aspect of these Services, including the availability of any features of the Services, at any time and without notice. Otter Products also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. Otter Products may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Services after any changes to these Terms are posted will be considered acceptance of those changes.

Miscellaneous: These Terms and the Services are governed by U.S. and Colorado law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and Otter Products in connection with the Services, shall be governed by, and construed in accordance with, the laws of the State of Colorado, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the federal, state and local courts located in Fort Collins, Colorado.

You agree that these Terms are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All rights not expressly granted herein are reserved. Both you and Otter Products acknowledge and agree that no partnership is formed and neither of you nor Otter Products has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and Otter Products, and are accepted by you upon your use of the Service. These Terms constitute the entire agreement between you and Otter Products regarding the use of the Services. By using the Services you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Otter Rewards Program

Contest Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY OTTER PRODUCTS ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.

  1. Agreement to Official Rules

    Participation in an Otter Rewards Program contest (“Contest”) constitutes each Contest participant’s (each an “Entrant”) full and unconditional agreement to and acceptance of these Contest rules (“Official Rules”) and the decisions of Otter Products or its designee (including, without limitation, decisions regarding eligibility and judging of Contest Entries (as defined below), selection of Contest Winners (as defined below), and the awarding of any Contest prizes), which are final and binding in all respects. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein or within the specific contest.

  2. Eligibility

    Contests will begin and end on the dates as specified in the particular Contest announcement (the “Promotion Period”). Otter Products’s time-keeping system is the official time-keeping device for the Contest. Otter Rewards Program Contests are open only to individual persons at least eighteen (18) years of age who, as of the date of entry, are permanent legal residents of the United States or Canada, and are validly enrolled members in the Otter Rewards Program. Void where prohibited or restricted by law and in any location outside the United States or Canada. Any effort by an Entrant to misrepresent himself or herself through the use of aliases or multiple email addresses will disqualify that Entrant. Contest Entries generated by a script, bot, macro or other automated means are void. Employees, contractors and agents (and their immediate families and household members) of Otter Products, its subsidiaries, affiliates, and divisions are not eligible to participate or win. For the avoidance of doubt, if it is found, in Otter Products’s sole discretion, at any time during or after the Contest period, that any of the eligibility criteria herein are not met with respect to any Entrant, such Entrant may be disqualified from the Contest. Otter Products’s determination of eligibility shall be final.

  3. How to Enter

    No purchase necessary to enter or win. Entrants will enter by using points accrued in the Otter Rewards Program to submit an entry or entries (each an “Entry”) into the Contest in the Otter Rewards Program online portal as detailed within each Contest..

  4. Winner Selection; Odds; Notification

    Potential Contest Winners (each a “Winner”) will be selected at random by a third party after the close of the entry period from among all eligible Entries received during the Contest period. The odds of being selected as a Winner depend on the total number of eligible Entries received in the Contest. Potential Winners will be notified via an e-mail notification to the e-mail address provided at registration if prizes are not redeemed within seventy-two (72) hours of the first prize notification, prize will be forfeited and put back into the prize pool and re-awarded at Otter Product’s sole discretion, if time allows. In the event an email notification is returned as undeliverable, or if a potential winner does not comply with these official rules, he or she will be disqualified and the prize will be forfeited, and put back into the prize pool and re-awarded at sponsor’s sole discretion, if time allows. Otter Products shall have no liability for a potential Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.

  5. Prizes

    Winners will receive a prize as specified in the particular Contest announcement. Contest prizes are awarded “AS IS” and are non-transferable, non-assignable and non-refundable. No substitution for cash or other prize may be made, provided however, that Otter Products reserves the right (but has no obligation) to substitute a prize, or component thereof, with another prize, or component thereof, including cash, of equal or greater value should the awarded prize not be available for any reason as determined by Otter Products in its sole discretion. By participating in the Contest, Entrants acknowledge that Contest prizes are awarded by Otter Products and that the Contest is in no way sponsored, endorsed, or administered by anyone other than Otter Products. Receipt of a prize is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes and fees, shall be the sole responsibility of each Winner. If applicable, Winners will be issued an an IRS Form 1099, if Contestant is from the U.S., or a T4A form, if Contestant is from Canada, and Contestant agrees to complete an IRS Form W-9, if Contestant is from the U.S., or applicable Canadian tax documentation, if Contestant is from Canada, in connection with the actual value of their prize. If Contestant is from Canada, Contestant may be required to pay applicable duties or handling fees.

  6. General Conditions of Participation

    Otter Products reserves the right, in its sole discretion, to terminate, modify, or suspend a Contest if, in Otter Products’s sole discretion, there is any suspected or actual evidence of tampering with any portion of the Contest or if unauthorized intervention, fraud, technical difficulties, failures or any other factor beyond Otter Products’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. In such event, Otter Products reserves the right (but does not have the obligation), in its sole discretion, to award the prize at random from among eligible, non-suspect Entries received up to the time of suspected impairment. Otter Products reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of a Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Contest is a violation of criminal and civil laws, and, should such an attempt be made, Otter Products reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Otter Products’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

  7. Right of Publicity Grant to Otter Products
    1. By submitting an Entry, each Entrant grants to Otter Products and its designees the right to use his/her name, likeness, distinctive appearance, image, portrait, picture, or photograph (whether still or moving), voice, including, without limitation, a recording or parts thereof, whether in writing, audio and/or video, and biographical information listed, provided, referenced, or otherwise contained in the Entry for any purpose related to or in connection with promotion of Otter Products products on Otter Products’s social media channels, without further notice, approval, compensation or additional consideration to Entrant, unless prohibited by law. Entrant understands and accepts that the only compensation the Entrant will receive for granting this right is the publicity the Entrant may receive by the publication or broadcasting of the Entrant’s Entry into the Contest and/or the announcement of the Entrant’s participation in the Contest.

    2. Submission of personal contact information in connection with the Contest (whether or not required), including, without limitation, mailing address, phone number, email address, Instagram handle, Snapchat handle and Twitter handle constitutes permission for Otter Products and its designees to use such personal contact information for purposes of administration of the Contest. Entrants also may opt-in to be added to Otter Products’s customer database and to permit Otter Products to contact Entrant in the future for promotional and other reasons. Entrants may opt-out of receiving such communications as set forth in Otter Products’s Privacy Policy (located at http://www.OtterProducts.com/en-us/privacy-policy.html) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Otter Products e-mails). Entrants understand that they are providing their personal contact information to Otter Products and not to Instagram, Snapchat, Facebook, or Twitter. The personal contact information Entrants provide will only be used in accordance with Otter Products’s Privacy Policy.

  8. Release and Indemnity

    Each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless Otter Products and its affiliates, subsidiaries, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns (the “Released Parties”) from and against all claims, damages, loss, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or is in any way related to participation in the Contest or the awarding, acceptance, receipt, use, or misuse of any prize (including any travel or activity related thereto).

  9. Limitations of Liability

    Otter Products is not responsible for (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified from the Contest; (b) any technical errors associated with the Contest, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, announcement of the Winner, the cancellation or postponement of the Contest, or in any Contest-related materials; and (e) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Contest or acceptance, receipt, or misuse of a Contest prize.

  10. Disputes

    Any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. All Contests shall be governed by, and construed in accordance with, the laws of the State of Colorado, regardless of conflicts of laws principles. Any action or litigation concerning the Contest shall take place exclusively in the federal or state courts in the State of Colorado, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Colorado. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

  11. Winners List

    The names of the Contest Winners may be obtained upon request by emailing otterrewards@otterproducts.com at least thirty (30) days following the end of the Contest.

  12. Sponsor

    The Contest sponsor is Otter Products, LLC, 209 South Meldrum Street, Fort Collins, Colorado 80521.