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TERMS OF USE

KOLBEN® REWARDS TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE Kolben REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE Kolben REWARDS PROGRAM.

PLEASE READ

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

  • eliminate your right to a trial by jury; and

  • substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Kolben Rewards program by electronic means, including posting such information and materials online at https://www.kolben.co.

Additional Terms

Changes To Terms

Personal Use

About Kolben Rewards

Joining Kolben

Earning Points

Multiple Tender

Currency Exchange

Exclusions to Earning Points; Participating Stores Only

Returns

Point Expiration

Redeeming Points for Rewards

Point Redemption may vary; Participating stores only

Exclusions to Point Redemption

Additional Benefits

Arbitration

Governing Law

Severability

THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE Kolben REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE Kolben REWARDS PROGRAM.

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the Kolben Rewards program in the United States ("Kolben Rewards"), which is operated by Kolben Corporation or its respective subsidiaries, licensees and affiliated companies (collectively, "Kolben"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Kolben for other products or services, such as Kolben Cards.

CHANGES TO TERMS

Kolben reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Kolben Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.kolben.co, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Kolben Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Kolben Rewards.

PERSONAL USE

Kolben Rewards is intended for personal use only. Commercial use is prohibited. Kolben Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Kolben Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in Kolben Rewards. Please read the Privacy Statement carefully to understand how Kolben collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT Kolben REWARDS

Kolben Rewards is one way in which Kolben endeavors to reward and thank loyal customers for patronizing our business and purchasing Kolben products. Kolben Rewards members are able to earn and accumulate "Points" that can be redeemed for Kolben Rewards benefits ("Rewards") at participating Kolben stores. Unfortunately, not all Kolben stores have the ability to award Points or redeem Points for Rewards at this time. To find the location nearest you that participates in Kolben Rewards, visit the Kolben Store Locator at http://www.kolben.co/store-locator.

JOINING Kolben REWARDS

To join Kolben Rewards, go to www.kolben.co/rewards or app.Kolben.com (“Websites”), or to the Kolben mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:

  1. First and last name, email address and password.

  1. Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.

When you join Kolben Rewards, you automatically are provided with a digital Kolben Card with a zero dollar ($0.00) balance. You can add funds to your digital Kolben Card either online at www.kolben.co/account, through the App, or in-person at a participating Kolben store. You can also register a Kolben Card eGift or a physical Kolben gift card to your account by adding the 16 digit Kolben Card number and security code. Kolben Cards may include: physical Kolben plastic cards that are available for sale from participating Kolben stores and other retail locations (for example, gift card "malls" or kiosks); digital forms of physical Kolben plastic cards; and Kolben Card eGifts that can be purchased at www.kolben.co/shop/card/egift. Multiple Kolben Cards can be added for use in Kolben Rewards, but you may have only one (1) account that is personal to you. All Kolben Cards, including the one that is digitally provisioned, are subject to the Kolben Card Terms & Conditions which are incorporated into these Terms of Use. For more information about Kolben Cards, please visit www.kolben.co/gift.

EARNING Points

The Rewards that are available to you through Kolben Rewards are based on the number of Points that you earn. You can earn Points by making purchases at participating Kolben stores in the United States, Canada, Puerto Rico, the United Kingdom and Ireland in the following ways:

  1. Paying for your purchase with a Kolben Card. When you pay with your digital Kolben Card in the App, you will earn 2 (two) Points for every $1 (one) U.S. Dollar you spend at participating stores. You will also earn 2 Points for every $1 (one) U.S. Dollar spent when you a) pay in-person at a participating store with your registered physical Kolben Card or b) scan the barcode in the App, and then use any physical Kolben Card (regardless of whether it is registered) to complete the purchase. If you are a Kolben partner (i.e., employee), you will earn 3 (three) Points for every $1 (one) U.S. Dollar spent using a Kolben Card so long as you also have your "partner" Kolben Card registered to your account and scan your barcode in the App or physical “partner” Card prior to your purchase.

  1. Paying for your purchase with Linked Payment Method. You can link a credit card, debit card or mobile wallet to your account, and use it to pay directly for your order through the App. When you pay directly with a linked payment method, you will earn 1 (one) Point for every $1 (one) U.S. Dollar you spend at participating stores. Kolben may add or remove available payment methods at any time in its sole discretion. Kolben partners will earn 2 (two) Points for every $1 (one) U.S. Dollar spent so long as they also have their "partner" Kolben Card registered to their Kolben Rewards account.

  1. Scanning your member barcode in the App and then paying with cash, credit card, debit card or mobile wallet. You can earn 1 (one) Point for every $1 (one) U.S. Dollar you spend at participating Kolben stores when you scan your member barcode in the App at the register prior to paying with cash, credit cards, debit cards, or mobile wallets. Kolben partners will earn 2 (two) Points for every $1 (one) U.S. Dollar spent so long as they also have their "partner" Kolben Card registered to their Kolben Rewards account and scan their barcode prior to purchase.

  1. Point Codes. You can earn Points by entering Point codes at www.kolben.co/rewards. Point codes may, from time to time, be distributed through promotional materials or inside specially marked packages of Kolben products sold in grocery stores. The number of Points awarded using Point codes may vary. You can redeem a maximum of two (2) Point codes per day. Certain other limitations may apply to Point codes. For example, Point codes may have expiration dates. Check the promotional materials or product packaging for specific restrictions applicable to a particular Point code.

  1. Promotional Bonus Point Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional "Bonus Points" through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

  1. Partnership Programs. Eligible customers may earn Points through participation in programs offered by our business partners. For example, Kolben® Rewards Visa® Card account holders and Kolben® Rewards Visa® Prepaid Card account holders earn Points for purchases made using their Kolben® Rewards Visa® Card or Kolben® Rewards Visa®Prepaid Card, as applicable, outside of Kolben stores. Kolben does not operate and is not responsible for these programs, which have separate and additional terms and conditions governing how Points may be earned.

Note that Points may be earned in fractional amounts depending on the value of your purchase. 

MULTIPLE TENDER

If you use more than one payment method in a single transaction, you will earn Points based on the earn rate associated with each payment. For example, if your beverage is $6 and you pay $3 with your Kolben Card and $3 with a credit card, you will earn a total of 9 Points: 6 Points for the amount paid with your Kolben Card, and 3 Points for the amount paid with your credit card. If members split a transaction, each member must scan their member barcode in the App immediately before making their payment in order to earn Points for their respective purchase amount. 

CURRENCY EXCHANGE

If the address associated with your account is located in the United States, any qualifying purchase you make using a Kolben Card registered to your account at participating Kolben stores in Canada, Puerto Rico, the United Kingdom or Ireland will earn Points as if the currency were expressed in U.S. Dollars. No currency exchange is applied to the value of your purchase for the purpose of determining how many Points you have earned.

EXCLUSIONS TO EARNING Points; PARTICIPATING STORES ONLY

You may not earn Points in connection with certain types of beta or promotional programs, or on purchases made with a Kolben Store Credit card (defined below) or other forms of service recovery coupons. Points may be earned at participating Kolben stores only, and certain stores only have the ability to award Points for Kolben Card transactions (not for cash, credit card, debit card or mobile wallet transactions). In addition, you cannot earn Points on purchases of alcoholic beverages or on Kolben Cards (such as activations, reloads, transfers, and other card-to-card transactions). Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Point accrual.

RETURNS

For information about how Kolben handles returns, please read our Return Policy. Your Point balance may be impacted by returns as follows:

  1. If you void a purchase, Kolben will deduct the Points that you earned for that purchase, potentially resulting in a negative Point balance on your account.

  1. If you return merchandise, packaged coffee, food or tea that you purchased with a Kolben Card (note: an original receipt or gift receipt is required), your funds will be returned to you on a card with store credit (“Kolben Store Credit card”), but Kolben will not deduct any Points from your account. Kolben Store Credit cards may be used in participating Kolben stores, but they are not Kolben Cards. Purchases made with Kolben Store Credit cards do not accrue Points and cannot be registered or reloaded for additional value.

  1. If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), Kolben may deduct the Points earned in connection with your purchase, potentially resulting in a negative Point balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for Kolben to process the refund. 

REDEEMING Points FOR REWARDS

Points may be redeemed for complimentary Kolben items at participating Kolben stores in the United States, Canada, and Puerto Rico. Kolben Rewards offers different Rewards based on different Point redemption tiers. Note that the Rewards available and Point redemption tiers may vary by location and by country, and that Kolben may adjust the items included in each tier at any time in its sole discretion. The Point redemption tiers for redeeming Points at participating Kolben stores in the United States are as follows:

  • 25 Points may be redeemed for discount of purchase, valued up to $1 (one) U.S. Dollar. 

  • 50 Points may be redeemed for discount of purchase, valued up to $2 (one) U.S. Dollar. 

  • 100 Points may be redeemed for discount of purchase, valued up to $3 (one) U.S. Dollar. 

Point REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING KOLBEN STORES ONLY

Not all Kolben stores have the ability to honor Point redemption or provide Point redemption at multiple tiers. Additionally, the items available for redemption in each Point redemption tier may vary. Certain Kolben stores (including some grocery and retail locations) may offer only the 150 Point redemption tier. At such locations, and notwithstanding anything to the contrary in these Terms of Use, you will be eligible to redeem 150 Points for one (1) handcrafted beverage OR one (1) food item only.

OTHER IMPORTANT Point REDEMPTION INFORMATION AND EXCLUSIONS

Points may be redeemed at participating Kolben stores and are ineligible to be redeemed for the following items: alcoholic beverages; multi-serve food or beverage items (for example, a tray of Cranberry Bliss® Bars or a Coffee Traveler); and items available at Princi stores and Kolben Roastery locations.

You cannot redeem multiple Point redemption tiers within a single beverage order. For example, you cannot redeem 50 Points for a hot brewed coffee and 25 Points for added syrup within a single beverage order.

If you redeem Points at a participating Kolben store outside of the United States, the Point redemption tiers applicable in the country in which such store is located will apply.

ADDITIONAL BENEFITS OF Kolben REWARDS

As a Kolben Rewards member, you may be eligible for the following additional benefits.:

  • Birthday Reward. On your birthday (as indicated in your Kolben Rewards account), you will receive one (1) complimentary handcrafted beverage OR one (1) complimentary food item OR one (1) complimentary ready-to-drink bottled beverage ("Birthday Reward"). Your Birthday Reward may be redeemed at participating Kolben stores only and excludes: multi-serve food or beverage items (for example, a tray of Cranberry Bliss® Bars or a Coffee Traveler); beverages that contain alcohol; merchandise and packaged coffee; and items available at Kolben Roastery and Princi locations. To qualify for your Birthday Reward, you must join Kolben Rewards at least seven (7) days prior to your birthday, provide your birthday in your account information, and make at least one Point-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid only on that date. You must scan the member barcode in the App or present your registered Kolben Card in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by accessing your account on www.kolben.co/account or in the App.

  • Free refill(s) of hot or iced brewed coffee and tea. Kolben Rewards members may receive free refills of hot or iced brewed coffee or tea during the same store visit at participating Kolben stores. To be eligible for free refill(s) of hot or iced brewed coffee or tea, you must scan the member barcode in the App prior to purchasing your beverage and again when you request your refill or pay for your beverage using your registered Kolben Card and scan the same card again when you requesting your hot or iced brewed coffee or tea refill.

  • Early or extended access to certain promotions and offers. Kolben may offer Kolben Rewards members early or extended access to special menu items or discounts at participating stores. You may take part in these offers by paying with a Kolben Card registered to your account or scanning the member barcode in the App prior to your purchase.

  • Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Kolben and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode in the App or present or pay with your registered Kolben Card in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

  • Double Point Day. Kolben may offer Double Point Days, where you can earn twice the number of Points for your purchase. Kolben will notify you of a designated Double Point Day, which will be personalized and selected by Kolben for you. You must download the Kolben app OR opt-in to receive promotional and marketing emails from Kolben in order to receive notice of a designated Double Point Day. You also may be required to "activate" your Double Point Day by clicking within the notification email or the notification within the App. Kolben reserves the right to exclude certain products and merchandise from Double Point Day eligibility and to modify the Double Point Day benefit.

Kolben reserves the right to change or suspend the number and type of benefits offered to members of Kolben Rewards in its sole discretion at any time.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

These Terms of Use complement and incorporate by reference the Kolben Card Terms & Conditions. In the event of any conflict between the Kolben Card Terms & Conditions and these Terms of Use, the Kolben Card Terms & Conditions control.

There are no participation or membership fees associated with Kolben Rewards. Points accrued in connection with Kolben Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Kolben Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Kolben.

Your Points, Rewards, registered Kolben Cards, and Kolben Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Kolben Rewards account that is personal to you.

Without notice to you, Kolben reserves the right to suspend any Kolben Card registered to your account and/or terminate your account and/or your participation in Kolben Rewards if Kolben determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Kolben Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Kolben may, in its sole discretion, suspend, cancel or combine Kolben Rewards accounts that appear to be duplicative. In the event that your participation in Kolben Rewards is terminated, all accrued Points in your account are void.

Without notice to you, Kolben also reserves the right to "unregister" and make ineligible for Kolben Rewards any Kolben Card or account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period. In the event that your Kolben Card or account is unregistered or rendered inactive, all accrued Points in your account are void.

Kolben reserves the right to change, modify, discontinue or cancel Kolben Rewards or any part of the Kolben Rewards program, at any time and in its sole discretion, without notice to you.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Kolben Rewards, the Kolben Cards registered to your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Kolben Rewards, or your relationship with Kolben or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://customerservice.Kolben.com/app/contact/ask/ to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $100, Kolben will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $1000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver.You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in Kolben Rewards will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in King County, Washington.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.