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Sesh+ Rewards Program Terms and Conditions
Effective Date: March 31, 2026
1. PROGRAM OVERVIEW
The Sesh+ Rewards Program (the "Program") is offered by Sesh+ Products US Inc. ("Sponsor," "we," "us," or "our") on behalf of its Sesh+ brand products. The Program is a rewards program through which eligible participants ("you" or "Participant") can earn points ("Points") redeemable for rewards and other benefits as we may offer from time to time (collectively, "Rewards"), subject to these Sesh+ Rewards Program Terms and Conditions, as may be amended from time to time (these "Program Terms" or "Terms and Conditions").
By participating in this Program, you acknowledge that you have read, understood, and agree to be bound by these Program Terms. If you do not agree to these Program Terms, you may not participate in this Program.
These Program Terms supplement and form part of our Terms of Service at https://seshproducts.com/policies/terms-of-service ("Terms of Service"). In the event of any conflict between these Program Terms and the Terms of Service, these Program Terms shall control with respect to the Program.
2. ELIGIBILITY
Eligibility to participate in this Program is limited to legal residents of the fifty (50) United States and the District of Columbia (excluding U.S. territories and possessions) who: (i) are 21 years of age or older at the time of enrollment; (ii) have certified that they are an existing consumer of tobacco or nicotine products; and (iii) wish to receive information and promotions concerning Sesh+ products. You understand that providing false information, including a false date of birth, may constitute a violation of law.
Participation in this Program, including the earning and redemption of Points and the receipt of any Rewards, is valid only in jurisdictions where such loyalty, rewards, and promotional programs involving nicotine-containing products — including without limitation the issuance and redemption of coupons, discounts, and incentives — are permitted by applicable law. Residents of states or localities where this Program, or any element thereof, is prohibited or restricted by law are not eligible to participate and must not enroll. Sponsor reserves the right to restrict, limit, or deny participation in this Program, or the redemption of specific Rewards, to residents of any state or jurisdiction where such participation or redemption would violate applicable law, at any time and without prior notice.
If you are under 21 years of age or have otherwise gained access to this Program by providing false information, you must leave this website immediately and close your Program account by contacting Customer Service hello@seshproducts.com.
Employees of Sesh+ Products US Inc. and its affiliates, owners, parent companies, subsidiaries, advertising and promotion agencies, persons engaged in the development of Program materials or events, vendors, and suppliers, and members of their immediate families (defined as spouses, parents, children, and siblings and their respective spouses) and persons living in the same household of each, whether or not related, are not eligible to participate in this Program.
Groups, clubs, organizations, commercial entities, corporations, partnerships, and businesses may not participate in this Program.
Participating in this Program requires access to the Internet and a valid email address. Different Program participants may not share the same email address. Internet access, email, and text messaging may incur charges from your internet service provider and/or mobile carrier in accordance with their separate terms and conditions.
Limit one (1) Program account per eligible Participant. Participants may not use multiple email addresses, multiple identities, or any other method to create or maintain multiple Program accounts. Any attempt to create multiple accounts may result in disqualification from the Program and forfeiture of all Points.
You must provide a valid physical mailing address within the fifty (50) United States or the District of Columbia to register for and participate in this Program. P.O. Boxes, rural routes, APO, FPO, and DPO addresses are not accepted for registration purposes, as physical addresses may be required for age and identity verification.
By registering for the Program, you agree to be added to the Sesh+ Products US Inc. direct marketing contact list ("Marketing List"). You must remain on the Marketing List to receive certain Rewards by mail. You may opt out of the Marketing List at any time but doing so may limit your ability to receive certain Rewards and Program communications.
This Program is void where prohibited or restricted by law, and is subject to all applicable federal, state, and local laws and regulations.
3. HOW TO PARTICIPATE
To participate in the Program, you must create an account at www.seshproducts.com (the "Site"), which can be accessed via an internet browser or by scanning the quick reference code (“QR code”) on a Sesh+ product label.
To create your account, you will need to provide: your full legal name, date of birth, valid physical mailing address (including state of residence), and a valid email address. You may optionally provide a mobile phone number if you wish to opt in to receive text messages in connection with this Program.
You are responsible for ensuring that all information provided in connection with your account is accurate, current, and complete. You must promptly update your account information if it changes.
There is no charge to register for or participate in the Program.
Your account for this Program is separate from any other account you may have with Sponsor, its affiliates, or any of their other brands.
By creating a Program account, you agree to be bound by these Program Terms, including any additional terms that may apply to specific aspects of your participation.
4. PROGRAM PERIOD
The Program begins on April 1, 2026, and will continue until terminated by Sponsor in accordance with these Program Terms (the "Program Period"). Sponsor reserves the right to extend, modify, or shorten the Program Period at its sole discretion.
Sponsor may terminate the Program at any time, with or without notice, in accordance with Section 16 of these Program Terms. Upon expiration or termination of the Program, Participants will have 30 days following the end of the Program Period (the "Grace Period") to redeem any remaining Points. All unredeemed Points at the end of the Grace Period will be forfeited without compensation.
Sponsor's computer systems shall serve as the official timekeeping device for all purposes related to this Program.
5. HOW TO EARN POINTS AND PROGRAM TIERS
Program Tiers. The Program operates on a four-tiered membership structure (each, a "Tier"), through which Participants may unlock progressively greater Points accrual rates for product purchases at SeshProducts.com (as explained in greater detail below) based on their cumulative, lifetime Points balance. The four Tiers are: “Member” (0–9,999 Points), “Priority” (10,000–22,499 Points), “VIP” (22,500–49,999 Points), and “Inner Circle” (50,000+ Points). Upon enrollment, all Participants begin at Member Tier. When a Participant's cumulative Points balance reaches the minimum threshold for the next Tier, the Participant's account will automatically be elevated to that Tier, and all subsequent Points earned product purchases at SeshProducts.com will accrue at the enhanced rate associated with the new Tier, as published on the Program Page and updated from time to time in Sponsor's sole discretion. Tier elevations take effect within one (1) business day of the applicable threshold being reached and will be reflected in the Participant's account dashboard. For the avoidance of doubt, Tier status is determined by cumulative Points earned, not by the current redeemable Points balance in a Participant's account; accordingly, Points redeemed for Rewards will not reduce a Participant's Tier standing. Sponsor reserves the right to modify the Points thresholds, accrual rates, and benefits associated with any Tier at any time, with changes communicated in accordance with Section 14 of these Program Terms. Sponsor also reserves the right to introduce, rename, consolidate, or discontinue Tiers at its sole discretion.
How to Earn Points. During the Program Period, you may earn Points through various methods. Points have no independent cash value and are not redeemable for cash. Points may not be sold, traded, bartered, auctioned (including on Internet auction sites), or transferred to any other person, entity, or account. Points do not constitute property, do not entitle Participants to any vested rights, and do not create any express or implied obligation on the part of Sponsor other than as described in these Program Terms. The number of Points earned and accumulated by a Participant will be recorded and tracked through the Participant's Program account on the Site.
Points Earned through Enrollment.
Participants enrolling in the program between April 1, 2026, and June 30, 2026 (the “Founding Member Period”) shall receive 500 points. After the close of the Founding Member Period, no points shall be awarded for enrollment (except in case of a referral as described below).
Points Earned through Sesh+ Product Purchases.
Participants shall receive points per United States Dollar (USD) spent on products purchased through SeshProducts.com, excluding taxes, shipping costs, or other fees. The amount of points awarded shall be determined by the Participant's Tier at the time of purchase, as set forth in the table below.
| Tier | Points Earned Per USD Spent |
| Member | 10 |
| Priority | 15 |
| VIP | 20 |
| Inner Circle | 25 |
Points earned via Sesh+ Product purchases will be automatically credited to a Participant’s account and will be available for use within one (1) business day. If a purchase is refunded for any reason, Sponsor may, in its sole discretion, withhold, reverse, or forfeit the Points earned by the Participant for such purchase.
Participants may earn Points on a maximum of two (2) qualifying purchases on SeshProducts.com every seven (7) consecutive days during the Program Period (the "Accrual Window"). The Accrual Window begins on the date of a Participant's first qualifying purchase (the "Start Date") and ends at 11:59:59 PM CT on the sixth (6th) calendar day following the Start Date, after which a new seven (7)-day Accrual Window automatically commences. Any purchases on SeshProducts.com occurring after the first two (2) qualifying purchases within a single Accrual Window will not generate Points. Unused accrual capacity within an Accrual Window does not carry over to the subsequent Accrual Window. All times are measured in Central Time ("CT"), and the Accrual Window applies uniformly to all Participants regardless of their local time zone.
Notwithstanding any other provision of these Program Terms, Points earned through purchases on SeshProducts.com may only be earned on the first one thousand dollars ($1,000.00) of spend on any single qualifying purchase (the "Per-Purchase Cap"), regardless of the Participant's Tier status or applicable points accrual rate. Any amounts spent in excess of the Per-Purchase Cap on a single qualifying purchase will not generate additional Points. For the avoidance of doubt, the Per-Purchase Cap applies on a per-transaction basis and resets with each new qualifying purchase; it does not accumulate across transactions or Accrual Windows. Sponsor reserves the right to adjust the Per-Purchase Cap at any time in its sole discretion.
Points Earned through Other Methods
Engagement Activities. From time to time, Sponsor may offer the opportunity to earn additional Points through activities other than those described above ("Engagement Activities"). Engagement Activities available to you may vary from time to time at Sponsor's sole discretion.
Examples of Engagement Activities may include, but are not limited to:
- Completing your Program profile;
- Following Sesh on social media;
- Receiving bonus Points on your birthday annually;
- Completing surveys, polls, or questionnaires (e.g., regarding your tobacco/nicotine preferences);
- Receiving Points as a prize or gift in sweepstakes, giveaways, or other promotions;
- Participation in other promotional campaigns or activities as designated by Sponsor.
Additional Engagement Activities will be described on the Program Page and/or communicated via email or text messages (for Participants who have opted in to receive text messages). Engagement Activities may be subject to additional terms and conditions specific to that offer, which will be communicated with the offer.
Bonus Points. At various times during the Program Period, Sponsor may award different amounts of bonus Points at Sponsor's sole discretion. Bonus Points are subject to these Program Terms and may be awarded at any time and in any amount in the sole discretion of Sponsor.
6. HOW TO REDEEM POINTS
Redemption Process. Participants may redeem their accumulated Points for Rewards listed in the Program catalog on the Program Page, while supplies last. To redeem your Points, navigate to the available Rewards on the Program Page, choose an available Reward for which you have accumulated sufficient Points, and follow the on-screen instructions to complete the redemption process.
Sponsor determines the number of Points required to redeem each Reward in its sole discretion. You may not redeem Points unless you have accumulated sufficient Points for the applicable Reward.Upon successful redemption, you will receive a confirmation notification via email. All Point redemptions for Rewards are final. Rewards, once elected, cannot be cancelled, returned, refunded, or exchanged. Points deducted for a Reward redemption will not be returned to your account. Points are for the sole benefit of the account holder who earned them. Account holders may not aggregate Points across their own account and that of another Participant to redeem a Reward. Points from this Program also cannot be combined with points from any other promotional program.
Participants must redeem Points prior to the end of the Program Period (plus any applicable Grace Period), unless extended or otherwise modified by Sponsor. Unredeemed Points at the end of the Program Period (and any Grace Period) will be forfeited without compensation.
Rewards — including without limitation coupons, product discounts, and promotional incentives — are void and unavailable in any state or jurisdiction where loyalty or rewards programs involving nicotine-containing products, or the issuance or redemption of coupons or promotional incentives in connection with such products, are prohibited or restricted by applicable law.
Sponsor reserves the right to modify the available Rewards, the number of Points required for redemption, and any other aspect of the redemption process at any time for any reason during the Program Period. Sponsor reserves the right to restrict or deny redemption of any Reward to residents of any jurisdiction where such redemption would violate applicable law.
7. POINTS EXPIRATION AND FORFEITURE
POINTS ACCRUE ON A "USE THEM OR LOSE THEM" BASIS. ALL POINTS WILL EXPIRE AFTER TWELVE (12) MONTHS AFTER THEY ARE EARNED. This means that if you earn points on July 5, 2026, they will expire on July 5, 2027. The oldest accrued Points will be redeemed first. If you believe that Points were not properly applied, you must contact us within thirty (30) days after the latter of the date of the corresponding purchase or the date the Points were issued. Sponsor does not have any obligation to correct any errors after such thirty (30) day period.
You can view your Points balance: (1) in your personal profile on SeshProducts.com, under “Sesh Rewards”; or (2) by selecting the “Floating Action Button” or widget launcher on SeshProducts.com. Any Points remaining in a Participant's account at the end of the Program Period (and any applicable Grace Period) will be forfeited without compensation. If your account is closed by you, by us upon your request, or by us to a violation of these Program Terms for any reason, all Points earned by your participation in the program will automatically expire and be forfeited.
If a Participant believes that Points were not properly accrued to his or her account, the Participant must notify Sponsor within 15 days of the day the Code was entered or the activity was completed, by contacting Customer Service at hello@seshproducts.com.
Upon receiving a Reward, Participants have 30 days to notify Customer Service of any issues or concerns regarding the Reward. All concerns will be reviewed and addressed on a case-by-case basis at Sponsor's sole discretion.
8. AVAILABLE REWARDS
Rewards may vary, may be in limited supply, and will be available on a "first come, first served" basis. Sponsor may change, update, discontinue, or limit the quantities of available Rewards at any time without notice. Sponsor reserves the right to correct errors in Reward descriptions at any time. Sponsor does not guarantee that all errors will be corrected.
Delivery of Rewards is limited to within the fifty (50) United States and the District of Columbia. Sponsor will not ship Rewards outside of the United States or to U.S. territories or possessions. Some Rewards may only be deliverable to a physical address and not to a P.O. Box. Unless otherwise indicated, please allow 4-6 weeks for delivery of a Reward. Once a Reward is delivered to you (or, in the case of digital Rewards, once the Reward code or information is transmitted to you), you bear all risk of loss for the Reward and are responsible for using it in accordance with applicable laws. Sponsor does not control third-party shipping partners and refers you to them to address any lost, missing, or misdirected shipment.
Sponsor does not manufacture Rewards and does not offer any warranty with respect to any good or service that comprises a Reward. Any third-party brands, trademarks, service marks, or logos in connection with a Reward remain the property of their respective third-party owners. Once you claim a Reward, you are responsible for any use or misuse of the Reward and any costs associated with using the Reward, including but not limited to applicable sales taxes, shipping costs, or any amounts exceeding the value of a gift card.
9. TAX OBLIGATIONS AND IRS REPORTING
You are solely responsible for any and all taxes applicable to the Rewards you receive through this Program, including all applicable federal, state, and local income taxes, sales taxes, use taxes, or other taxes. You are also responsible for any and all tax implications associated with earning and claiming Rewards.
In the event that any Reward or Rewards result in a requirement for Sponsor to report the value of the Reward(s) to the Internal Revenue Service ("IRS"), Sponsor will do so in accordance with applicable law. If a Participant redeems Points for Rewards with a total approximate retail value of $2,000 or more in a calendar year, the Participant may be contacted by Sponsor with instructions to securely provide his or her Social Security Number (SSN) or taxpayer identification number and other information required to issue the Participant an IRS Form 1099 (or to complete an IRS Form W-9, as applicable). Participants must comply with the tax information request process as a condition to receiving such Rewards. Failure to provide the requested tax information within the time period specified by Sponsor may result in forfeiture of the applicable Reward and/or suspension from this Program.
Sponsor does not provide tax advice. Participants are encouraged to consult with their own tax advisors regarding the tax implications of participating in this Program and receiving Rewards.
10. ACCOUNT MANAGEMENT AND SECURITY
You are responsible for maintaining the confidentiality and security of your Program account login credentials (username, password, or other access credentials). Do not share your login credentials with any third party. You are responsible for all activity that takes place through your Program account, whether or not authorized by you. If you suspect unauthorized access to your Program account, contact Customer Service immediately at hello@seshproducts.com.
Only you may use your Program account. You may not permit any third party to access and/or use the account on your behalf. Each Participant is responsible for ensuring the accuracy of his or her account and is encouraged to check his or her account regularly. You are responsible for keeping your contact information and account details current to ensure you receive Program notices and Rewards.
11. PROGRAM LIMITATIONS
Participants may not combine, transfer, sell, auction, assign, or otherwise dispose of Points or Codes between accounts or to any other person or entity in any manner that violates or attempts to subvert these Program Terms or the spirit of the Program. Points and Rewards have no independent monetary value, are not personal property, are not redeemable for cash, and have no cash value. You may not resell, redistribute, or commercially exploit Points or Rewards. You cannot leave, bequeath, or transfer your Program account or Points to your spouse, heirs, estate, executor, personal representative, or any other person upon your death. Any attempt to transfer Points in violation of this provision entitles Sponsor to void the Points.
If you violate any other terms applicable to programs, websites, or services offered by Sponsor or its affiliates, Sponsor reserves the right to terminate your participation in this Program (and any related programs) without prior notice. You may not use any automated process, service, or device (including but not limited to bots, spiders, scripts, periodic caching of information stored by Sponsor, or "meta-searching") to access and/or use the Program, the Program Page, or your Program account. You may not use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Program. You may not damage, disable, overburden, or impair the Program (or the networks or systems supporting the Program) or interfere with any other person's use and enjoyment of the Program. You must not at any time engage in, facilitate, or further unlawful conduct with regard to the Program or conduct that violates these Program Terms.
In the event of a dispute over available Points or Rewards that a Participant has accrued, Sponsor's records will control. All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud, and abuse, will be resolved by Sponsor or its designee, whose decisions shall be final and binding on all Program Participants.
Sponsor reserves the right to limit the use of Rewards in combination with all other discounts, coupons, or promotional offers.
12. CLOSING OR SUSPENDING YOUR ACCOUNT
By You. You may close your Program account at any time and for any reason by contacting Customer Service at hello@seshproducts.com. Upon deactivation, you will no longer be able to participate in the Program and will not receive marketing or Program communications from us.
If you have any problem or dispute with these Program Terms or with the Program, your sole and exclusive remedy is to cease participating in the Program.
By Us. Sponsor may terminate or suspend your account or access to all or part of this Program at any time and without notice, for any reason or for no reason, without any liability to you, including but not limited to: violation of these Program Terms; violation of our Site Terms; suspected fraud, abuse, or unauthorized activity; or any other reason at Sponsor's sole discretion. Suspended accounts cannot earn Points or redeem Rewards while suspended. Suspension does NOT toll or pause the Points expiration period set forth in Section 7.
ALL POINTS AND REWARDS IN A TERMINATED ACCOUNT ARE FORFEITED. Sponsor has no liability for your inability to use forfeited Points or Rewards.
If you wish to reopen a Program account that you previously closed, contact Customer Service at hello@seshproducts.com. Reopened accounts may not include any previously accumulated Points.
13. COMMUNICATIONS
Sponsor may communicate with you regarding the Program via email, text message (if you have opted in), and/or by posting messages to your Program account.
By joining this Program, you agree to receive electronic communications from us related to this Program and acknowledge that such electronic communications constitute effective means of notice between us. You are free to unsubscribe from Program marketing emails and/or texts from within the email or text message, but you may miss timely notices of new Rewards and Program updates if you unsubscribe.
If you need to contact us regarding this Program, you may reach Customer Service by email at hello@seshproducts.com.
14. SMS/TEXT MESSAGING TERMS
By providing your mobile phone number and opting in, you consent to receive automated, recurring marketing and informational text messages (including SMS and MMS) from Sesh+ related to this Program at the mobile number provided. Consent to receive text messages is not required as a condition to participate in the Program. Message frequency varies. Message and data rates may apply.
You may opt out of receiving text messages at any time by texting STOP to 50273. After opting out, you will receive a confirmation text and will no longer receive Program text messages.
15. CHANGES TO THE PROGRAM
Sponsor reserves the right to change, cancel, modify, restrict, suspend, or terminate this Program, in whole or in part, at any time, with or without prior notice. This includes, but is not limited to, the right to modify: the duration of the Program Period; methods by which Participants can earn Points; the eligible products; the number of Points associated with eligible products or activities; the monthly Code limit; the number of Points that may be redeemed; the available Rewards and their corresponding Point values; Points expiration periods; and any other aspect of the Program or these Program Terms. Some changes may affect your ability to earn Points, to use Points previously earned, or to redeem Rewards. Sponsor shall not be liable for the effect of any changes on previously earned Points.
You, as a Participant, are responsible for remaining knowledgeable about and in compliance with these Program Terms, as amended from time to time. Any changes to these Program Terms will be effective immediately upon notice, which Sponsor may give by: (i) posting the revised Program Terms on the Program Page; (ii) posting a notice to your Program account; or (iii) sending notice via email to the email address associated with your account. The “Effective Date” at the top of these Program Terms will be revised accordingly. Your continued participation in the Program after notice of changes constitutes your acceptance of the revised Program Terms. If you do not agree to the changes, please discontinue participation in this Program immediately.
16. DISCLAIMERS OF WARRANTY
THE PROGRAM AND ANY RELATED PRODUCTS, SERVICES, REWARDS, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. USE OR MISUSE OF ANY REWARD IS AT YOUR OWN RISK.
SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, AND SUPPLIERS (COLLECTIVELY, THE "RELEASED PARTIES") SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE RELEASED PARTIES DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE PROGRAM, PROGRAM PAGES, PROGRAM EMAILS, OR PROGRAM TEXT MESSAGES. THE OPERATION OF THE PROGRAM MAY BE INTERRUPTED BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SPONSOR.
SPONSOR MAKES NO REPRESENTATION OR WARRANTY THAT THE PROGRAM OR ANY REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM, THE REWARDS, OR THESE PROGRAM TERMS, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION: (A) PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM; (B) ANY FAILURE OR DELAY IN PERFORMANCE; (C) PERFORMANCE OR NONPERFORMANCE OF ANY ASPECT OF THE PROGRAM; (D) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DIGITAL RECORDS; OR (E) THE USE OR MISUSE OF ANY REWARD, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM EXCEED THE LESSER OF: (A) THE APPROXIMATE RETAIL VALUE OF THE POINTS IN YOUR ACCOUNT AT THE TIME THE CLAIM AROSE; OR (B) ONE HUNDRED (100) UNITED STATES DOLLARS.
18. RELEASE OF LIABILITY
Except for willful misconduct or gross negligence on the part of Sponsor, by participating in the Program, you release Sponsor and all Released Parties from any and all liability for any loss, harm, damages, cost, or expense, including without limitation property damages, personal injury, and/or death, arising out of or in any way connected to: (a) participation in the Program; (b) the use, misuse, or inability to use any Rewards; (c) the acceptance, possession, or use of any Rewards; (d) access to, creation of an account on, or use of the Site in connection with the Program; (e) any typographical or other errors in Program materials; and (f) any technical, hardware, or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications.
You specifically acknowledge that the Released Parties are not liable for defamatory, offensive, or illegal conduct of other Program Participants or third parties, and that the risk of injury from the foregoing rests entirely with you.
19. INDEMNIFICATION
You agree to indemnify, defend, and hold the Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees and costs, arising from or related to: (a) any breach by you of any of these Program Terms (or any documents these Program Terms incorporate by reference); (b) any violation by you of applicable law; or (c) any violation by you of the rights of any third party.
20. PRIVACY AND DATA COLLECTION
When you provide personal information to us to create a Program account and otherwise participate in the Program, you consent to our using such information according to our Privacy Policy (the "Privacy Policy"), available at https://seshproducts.com/policies/privacy-policy.
21. INTELLECTUAL PROPERTY
All content, materials, designs, trademarks, service marks, trade names, logos, and other intellectual property displayed on the Program Page or in connection with the Program are the property of Sponsor or its licensors and are protected by applicable intellectual property laws. Your participation in the Program does not grant you any rights, title, or interest in any intellectual property of Sponsor. Any third-party brands, trademarks, service marks, or logos displayed in connection with Rewards remain the property of their respective third-party owners and are used solely to identify the available Reward and its source. Any unauthorized use of Codes, Program materials, or Sponsor intellectual property for advertising, marketing, or commercial purposes is strictly prohibited.
22. DISPUTE RESOLUTION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY PROCEEDING TO RESOLVE A DISPUTE ARISING OUT OF OR CONNECTED WITH THIS PROGRAM SHALL BE CONDUCTED SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT THE ARBITRATOR (OR COURT, AS APPLICABLE) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU MAY NOT BRING A CLAIM AS A PRIVATE ATTORNEY GENERAL.
To the fullest extent permitted by law, you agree that any and all disputes, claims, and causes of action arising out of or connected with this Program or any Reward shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Texas in Austin, Texas or the appropriate Texas State Court located in Travis County, Texas.
Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees. Under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
23. GOVERNING LAW AND JURISDICTION
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Program Terms, or the rights and obligations of the Participants and Sponsor in connection with the Program, shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.
24. GENERAL PROVISIONS
These Program Terms, together with any additional terms made a part of these Program Terms by reference (including the Site Terms and Privacy Policy), constitute the entire agreement between you and Sponsor relating to the Program and supersede any prior terms, agreements, or understandings relating to this Program.
If any provision of these Program Terms is found by a court of competent jurisdiction to be unenforceable, invalid, or illegal, such provision shall be enforced to the fullest extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.
Sponsor's failure to exercise or enforce any right or provision of these Program Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
Sponsor may assign its rights and obligations under these Program Terms to any successor, affiliate, or assignee without notice to or consent from Participants. Participants may not assign or transfer their rights under these Program Terms.
Sponsor shall not be liable for any failure or delay in performing its obligations under these Program Terms where such failure or delay results from circumstances beyond Sponsor's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, civil disturbance, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions.
The section headings in these Program Terms are for convenience only and shall not affect the interpretation of any provision.
Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the operation of the Program or the Site; violates these Program Terms; or acts in a disruptive, threatening, harassing, or abusive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If Sponsor suspects that a Participant attempted to obtain additional Points or Rewards by using multiple email addresses, identities, or any other method, all Points submitted by or credited to that Participant may be declared null and void, in the Sponsor’s sole discretion. Any suspected use of robotic, automatic, programmed, or similar methods of participation will void all such submissions. If, for any reason, the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, then the Sponsor reserves the right to cancel, modify, or terminate the Program at its sole discretion.
25. SPONSOR INFORMATION
The Sponsor of this Program is: Sesh Products US Inc., 3601 S Congress Ave G600, Austin, TX, 78704.