PRIME Hydration

PRIME X REWARDS PROGRAM

UPDATED: AUGUST 2, 2024.

THESE TERMS HAVE CHANGED AND YOU (IF A MINOR [AS DEFINED BELOW], YOUR PARENT/LEGAL GUARDIAN) ARE STRONGLY ADVISED TO CAREFULLY REVIEW THEM BEFORE PROCEEDING.

The rewards program will continue even though the PRIME X Promotion has ended and the prize in the Promotion is no longer available to be won.

If you created an account in the initial version of the Program, your account is still active, and any existing Point balance from the initial version of the Program may be used for redemption of Reward Item(s).

A PURCHASE IS REQUIRED TO PARTCIPATE.

A person participates in the rewards program by collecting individual codes found on bottles of strawberry lemonade flavor PRIME X (as discussed below). By collecting all (12) different codes, a person completes a portal map; but, completion of the portal map IS SOLELY FOR ENTERTAINMENT PURPOSES AND WILL NOT RESULT IN AWARD OF ANY PRIZE OR BENEFIT OF ANY KIND.

To participate in the rewards program, you (if a Minor [as defined below], your parent/legal guardian) must agree to and abide by these Terms.

PARTICIPANTS UNDER THE AGE OF MAJORITY IN THEIR LEGAL JURISDICTION OF PRIMARY RESIDENCE ("MINOR") MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO PARTICIPATE IN THE REWARDS PROGRAM. IF REWARD ITEM(S) [AS DEFINED IN SECTION 7] IS REDEEMED BY A MINOR IN THEIR LEGAL JURISDICTION OF RESIDENCE, IT MAY BE ISSUED IN THE NAME OF OR TO SAID MINOR’S PARENT OR LEGAL GUARDIAN.

INTERNET ACCESS AND A VALID E-MAIL ADDRESS ARE REQUIRED.

By participating in the rewards program, participants (if a Minor, their parent/legal guardian) agree to be bound by these Terms and the decisions of the Sponsor, subject to any directions from a regulatory authority, and hereby represent and warrant that they have read these Terms and are fully familiar with its contents.

Should there be any inconsistency between the English and French language versions of these Terms, the English language version shall prevail, govern and control in all respects.

1. Sponsor:Prime Hydration, LLC, 2858 Frankfort Ave, Louisville, KY 40206 U.S.A.; Prime Hydration UK Limited, 60 Gracechurch Street, 6th Floor, London, EC3V 0HR U.K.; Congo Brands Australia Pty Ltd., Blue Rock Australia, Level 16, 414 Latrobe Street, Melbourne, VIC 3000 AUS (ABN: 85664214733) (collectively, "Sponsor").

2. Eligibility: The PRIME X Rewards Program ("Program") is open only to legal residents of the 50 United States and the District of Columbia, the United Kingdom; Canada; and Australia, who are at least sixteen (16) years of age. Any employees, consultants, independent contractors, and interns who have, within the past six months, performed services for Sponsor, Purple, Rock, Scissors, LLC

("PRPL"), entities involved in any way with the production or distribution of bottles of Prime X strawberry lemonade flavor, participating retail stores selling Prime X strawberry lemonade flavor and/or other Prime flavors (collectively, "Promotion Entities") and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or redeem Codes/Points for Reward items. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Void in Puerto Rico and other United States Territories and where prohibited or restricted by law. All federal, state, provincial, and local laws and regulations apply.

3. Program Schedule:For residents of the United States and Canada, the Program begins 12:00:01 a.m. United States Eastern Time ("ET") on August 2, 2024 and ends the earlier of: (i) 11:59 p.m. ET on December 31, 2024; or (ii) when all 14-character alphanumeric codes (each a "Code", collectively "Codes") have been distributed, subject to the PRIME X Points Deadline as defined below in Section 5; for residents of Australia, the Program begins 2:00:01 p.m. Australian Eastern Time ("AET") on August 2, 2024 and ends at 3:59 p.m. AET on January 1, 2025 (again, subject to availability of Codes and the PRIME X Points Deadline); for residents of the United Kingdom, the Program begins at 5:00:01 a.m. British Summer Time on August 2, 2024 and ends at 4:59 a.m. British Time/Greenwich Mean Time ("GMT") on January 1, 2025 (again, subject to availability of Codes and the PRIME X Points Deadline) (collectively, "Program Period").

4. How to Participate:During the Program Period, eligible individuals participate as follows:

a. Step 1: Obtain a Code: Purchase a bottle of Sponsor’s strawberry lemonade flavor PRIME X at any participating local retail store; residents of the US may also purchase PRIME X online at https://drinkprime.com/. Each bottle contains a Code under the cap.

b. Step 2: Navigate the internet to PrimeX.DrinkPrime.com (the "Website"). Click on the "Create an Account" link and provide the requested information via the registration form including but not limited to your first name and email address. You will be asked to create a password to access your PRIME Account. Creating a PRIME Account is free; standard data rates apply. Be sure to maintain the security of your password. Alternatively, you can create a PRIME Account by using your existing Google, Facebook or X account credentials. If you already have a PRIME Account, simply access your account.

c. Step 3: No later than December 31, 2024 at 11:59 p.m. ET/January 1, 2025 at 3:59 p.m. AET/January 1, 2025 at 4:59 a.m. GMT visit the Website and follow the on-screen prompts to input each Code that you have collected. Depending on the type of Code/puzzle piece collected from among the twelve (12) different types of Codes/puzzle pieces, inputting the Code/puzzle piece will result in receipt of one (1), two (2), three (3) or one-thousand (1,000) Points as per the chart below. Allow up to 10 minutes for the issuance of Points, provided that the Code/puzzle piece is accepted.

Type of Code/Puzzle Piece	Number of Points	Odds
1	1	1:11
2	1	1:11
3	1	1:11
4	1	1:11
5	1	1:11
6	1	1:11
7	1	1:11
8	2	1:11
9	2	1:11
10	3	1:11
11	1000	1:3,762,535
12	3	1:11

 

If a participant collects the same type of Code/puzzle piece multiple times, they will receive Points for each time the Code is input by the PRIME X Program Code Claim Deadline even though such type of Code/puzzle piece has already “unlocked” the corresponding area of the portal map.

Notwithstanding any previous statement by Sponsor to the contrary, if you obtained a Code/puzzle piece prior to the Program Period via the PRIME X Promotion by purchasing strawberry lemonade flavor PRIME X (or, for residents of the United States and Canada only, by utilizing the alternate method of participation) but DID NOT already input the Code/puzzle piece, you may still do so during the Program Period. BUT, CODES/PUZZLE PIECES THAT HAVE ALREADY BEEN INPUTTED CANNOT BE INPUT AGAIN; SUCH CONDUCT CONSTITUTES AN ACT OF TAMPERING AS PER SECTION 8 BELOW.

5. Points:

Points are redeemable only at the Website in the following increments for the corresponding Reward items:

Reward Item	Required Number of Points	Approximate Retail Value ("ARV")
Shirt	20	$20.00
Hat	25	$25.00
Limited Edition PRIME bottle	50	$50.00
Signed PRIME bottle†	125	$125.00

 

†ARV of signed PRIME bottle is based on approximate retail value of Logan Paul and KSI's autographs; resale value of autographed PRIME bottle may differ, and no representation is made as to resale value. Autographed PRIME bottle may be accompanied by a certificate of authenticity in Sponsor’s sole discretion; and, if so, the content and format of such certificate of authenticity shall be determined solely by Sponsor.

Codes must be uploaded to one’s PRIME X Promotion account no later than December 31, 2024 at 11:59 p.m. ET/January 1, 2025 at 3:59 p.m. AET/January 1, 2025 at 4:59 a.m. British Time/Greenwich Mean Time. If Code is accepted (see Section 6 below), Points corresponding to uploaded Codes must be redeemed for Reward items no later than January 9, 2025 at 11:59 p.m. ET/January 10, 2025 at 3:59 p.m. AET/January 10, 2025 at 4:59 a.m. British Time/Greenwich Mean Time (or while Reward Items last, whichever date occurs first) ("PRIME X Points Deadline"). AFTER SUCH TIME, POINTS EXPIRE AND ARE VOID, WITH PROMOTION ENTITIES DISCLAIMING ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH, TO THE FULLEST EXTENT PERMITTED BY LAW. ANY REMAINING, UNREDEEMED POINTS AS OF JANUARY 9, 2025 AT 11:59 P.M. ET/JANUARY 10, 2025 AT 3:59 P.M. AET/JANUARY 10, 2025 AT 4:59 A.M. BRITISH TIME/GREENWICH MEAN TIME ARE VOID.

Codes (and Points corresponding to such Codes) are subject to the following conditions:

(i) Cannot be redeemed for cash or credit;

(ii) Are only for the individual who purchased Sponsor’s strawberry lemonade flavor PRIME X (or, for residents of the United States and Canada only, the individual who obtained the Code via postal mail request without purchase in the PRIME X Promotion prior to the Program Period) and opened the corresponding PRIME X Promotion account [ANY ATTEMPTED TRANSFER, COMBINING OR SHARING

OF POINTS OR CODES IS VOID AB INITIO AND OF NO LEGAL EFFECT AS WELL AS CONSTITUTING AN ACT OF TAMPERING AS PER SECTION 8 BELOW, WITH THE POINTS/CODES BEING DEEMED VOID];

(iii) Are intended for use only in strict compliance with these Terms;

(iv) Are at all times the sole property of Sponsor and participant (if a Minor, his/her parent/legal guardian) waives any proprietary right that participant (if a Minor, his/her parent/legal guardian) may have to same under any legal theory, to the fullest extent permitted by law.

6. Redemption:

Be careful in redeeming Points for Reward items. Without limitation, you are cautioned to carefully review the restrictions next to each Reward item on the Website PRIOR TO redemption; if you are a minor, have your parent/legal guardian review such restrictions.† Once redeemed, Points CANNOT be restored or replaced. Points redemption for Reward item(s) CANNOT be retracted, reversed or amended absent extraordinary circumstances as determined by Sponsor in its sole discretion on a case-by-case basis.

†Should there be any inconsistency between these Terms and the restrictions set forth on the Website, the Website will prevail, govern and control ONLY with respect to the features/properties/conditions regarding the Reward item in question, subject to the caveat that the actual Reward item may differ from the illustration of same on the Website; and, in all other cases, these Terms will prevail, govern and control.

The specific features/properties/conditions of Reward items may differ from those offered in the initial version of the Program, with Sponsor disclaiming any and all liability in conjunction therewith.

The participant is solely responsible for any and all costs and expenses in conjunction with inputting Codes as well as the redemption of Points for Reward item(s). Without limitation, the preceding includes wireless Internet access charges and other fees associated with use of a compatible mobile device. Any taxes in conjunction with the redemption of Points for Reward item(s) are also the sole responsibility of participant.

Points will NOT be rounded up for purposes of redemption. Participants CANNOT purchase Points for value in order to obtain the required increment of Points for a corresponding Reward item.

Sponsor reserves the right to condition redemption of Points on the provision of adequate proof that an individual obtained the Codes corresponding to such Points in an authorized and legitimate manner AND they opened the corresponding PRIME X Promotion account. Failure to timely respond to such inquiry or if Sponsor determines in its sole discretion that the participant in question cannot properly substantiate that they properly obtained the Code corresponding to such Points, such Points are void and of no legal effect; and, the attempted redemption of such void Points may constitute tampering as per Section 8 below.

If Sponsor determines in its sole discretion that a Code is defective, illegible, altered, duplicated, photocopied, reproduced, forged, counterfeited, defaced, mutilated or tampered with in any way; if it contains or is the result of error; or was not obtained via authorized, legitimate channels, such Code will not be accepted and no Points will be issued in conjunction therewith. Should Sponsor determine that an attempted act of fraud/tampering has taken place, Sponsor reserves the right to prosecute such action to the fullest extent permitted by law (in addition to Sponsor not issuing Points for such Code without liability of any kind); see also Section 8 below.

Status updates in your PRIME X Promotion Account may not be current at any given time. Sponsor reserves the right to update status and/or to correct errors reflected in your PRIME X Promotion

Account without notice or liability of any kind. You are strongly advised to maintain your own records as to Codes obtained, Points redeemed, and Reward item(s) ordered in the Program.

7. Reward Items: 

Participant will be notified via e-mail of their redemption of Points for Reward item(s) in addition to status update in the participant’s PRIME X Promotion Account. Participant is strongly advised to print out this notification for their records. Reward item(s) will be shipped to address provided by participant approximately twelve (12) weeks after date of issuance of e-mail notification of redemption of Points for Reward item(s).

Reward items will only be shipped to a street address in the 50 United States and the District of Columbia, the United Kingdom; Canada; or Australia (P.O. Box/APO/FPO/DPO addresses may not be permitted at Sponsor's sole discretion). If a given participant has redeemed Points for multiple Reward items, each Reward item may be shipped separately. If a given participant redeemed Points for Reward item(s) in the initial version of the Program but has since changed their address, it is the participant’s sole responsibility to advise Sponsor of such change of address.

The participant may be charged for shipping of Reward item(s).

To the fullest extent permitted by law, participant (if a minor, their parent or legal guardian) agrees that all Reward items will be shipped FOB Origin, meaning that the participant (not Sponsor, or any other of the Promotion Entities) assumes any and all liability for the Reward item(s) once placed in transit by Sponsor by furnishing the Rewards item(s) to the carrier conveying them. And in the event of a delayed shipment or damage to the Reward item(s), the participant (and NOT Sponsor, or any other of the Promotion Entities) will be solely responsible. Without limitation, Promotion Entities disclaim any and all liability for undeliverable, late, lost or misdirected shipments due to an incomplete, out-of-date or otherwise inaccurate shipment address or because of any act or omission to act of carrier responsible for conveying the Reward item(s).

Unless a participant can prove to Sponsor’s reasonable satisfaction that a given Reward item was defective or damaged at the time Sponsor placed it in transit by furnishing it to the carrier conveying same, the Reward item will NOT be replaced and Promotion Entities shall not have any liability under any legal theory in conjunction therewith. If participant IS able to prove to Sponsor’s reasonable satisfaction that a given Reward item was defective or damaged at the time Sponsor placed it in transit by furnishing it to the carrier conveying same, the liability of Promotion Entities will be limited to replacement of the damaged/defective Reward item with another unit of the Reward item in question. If the damaged/defective Reward item is the Limited Edition PRIME bottle, participant will instead receive two (2) hats as an alternative if supplies of the Limited Edition PRIME bottle have been exhausted. Under no circumstance will a participant receive cash or credit of any kind in conjunction with a damaged/defective Reward item.

Sponsor will determine the specific manufacturer, model, and features of a given Reward item in its sole discretion. Such manufacturer/model/features may differ from those utilized for Reward items in the initial version of the Program.

Shirt and hat are only available in select sizes and in certain colors as set forth on the Website.

Promotion Entities make no representation or warranty of any kind as to the re-sale value or appraisal value of the signed PRIME bottle and Limited Edition PRIME bottle.

If supplies of any Reward Item are exhausted prior to the PRIME X Points Deadline as set forth in Section 5 above, Promotion Entities’ liability is limited to allowing redemption of Points on the remaining Reward items.

The participant is solely responsible for any and all costs and expenses in conjunction with the acceptance and use of Reward item(s) except as otherwise expressly indicated (to the extent applicable). By way of example only for signed PRIME bottle and Limited Edition PRIME bottle, this includes any desired property insurance on same. Taxes in conjunction with acceptance and use of Reward item(s) are also the sole responsibility of participant.

8. Limitations of Liability:

Promotion Entities are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the participant or by any of the equipment or programming associated with or utilized in any of the websites or the Program, including but not limited to the ability to access the Website, create a PRIME X Promotion Account, input Codes and redeem Points for Reward item(s), any error, malfunction or failure of any kind relative to any of the foregoing activities or any message associated therewith or for any liability for damage to any computer system resulting from participation in, accessing, or downloading information on any websites or in connection with the Program.

Promotion Entities are not responsible for the failure of the receipt or recordation of information/materials in conjunction with inputting Codes, creating PRIME X Promotion Account or redeeming Points for Reward Items on account of technical problems or congestion on the internet or at any website.

Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the Point redemption process or the operation of the Program; violates these Terms; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Program or to defraud Sponsor may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. For clarity, the preceding is in addition to Sponsor not accepting Codes, voiding of any attempted Point redemption and withholding of Reward item[s], all without liability of any kind; and, should Sponsor disqualify a participant from the PRIME X Program due to tampering (or any other reason), such participant will not be permitted to redeem Points for Reward items subsequent to such disqualification.

Sponsor's failure to enforce any term of these Terms shall not constitute a waiver of that provision.

By participating in the Program, to the fullest extent allowed by applicable local law or public policy, participants (if a Minor, their parent/legal guardian) agree that Sponsor, , and its parent, subsidiaries, affiliated companies, agents, retailers, advertising and Program agencies and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, as well as Google LLC, Shopify Inc., Meta Platforms, Inc., X Corp., and the owners of any other social media platforms will have no liability whatsoever for, and will be held harmless by participant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property damages sustained due in whole or in part, directly or indirectly, from participation in the Program (including but not limited to inputting Codes and the attempted redemption of Points for Reward item[s]) or the acceptance, possession, use or misuse of the Reward items. The preceding excludes any right or privilege that cannot be limited/modified/waived by a consumer pursuant to applicable local law or public policy. Despite the foregoing, nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void.

UK AND AUSTRALIAN RESIDENTS:For residents of the United Kingdom and Australia only:

Nothing in these Terms excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void ("Non-Excludable Guarantees") or any other liabilities which shall not be excluded under mandatory local law or public policy. Subject to the limitations in the preceding sentence, Sponsor excludes from these Terms all conditions, warranties and terms implied by statute, general law or custom; and 

Notwithstanding anything to the contrary, nothing in these Terms shall exclude or limit a party’s liability for death or personal injury resulting from that party’s negligence, for fraud or fraudulent misrepresentation or for any other matter where liability may not as a matter of law be limited. 

9. Force Majeure:

Sponsor reserves the right, subject to any directions by a regulatory authority, to postpone, cancel, suspend or otherwise modify the Program due to natural cataclysm, pandemic/epidemic, fraud, unauthorized human intervention, riot, strike, civil commotion, governmental action (including revocation of any government permit or authorization), materials shortage or any other occurrence beyond its reasonable control. In such case, to the extent feasible, Sponsor will endeavor to allow for the inputting of Codes and the redemption of Points for Reward item(s) in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Terms. Notice of such action by Sponsor will be posted on the Website.

10. Disputes/Choice of Law:

For residents of the fifty (50) United States and the District of Columbia and Canada: The Program and these Terms shall be governed by the law of the Commonwealth of Kentucky, U.S.A. (without regard to principles of choice of law/conflict of law) and, by participating in the Program, you (if a Minor, your parent/legal guardian) agree to the exclusive jurisdiction of the federal or state courts of the Commonwealth of Kentucky, U.S.A.

For residents of the United Kingdom: The Program and these Terms shall be governed by the law of England (without regard to principles of choice of law/conflict of law) and, by participating in the Program, you (if a Minor, your parent/legal guardian) agree to the exclusive jurisdiction of the courts of England and Wales.

For residents of Australia: The Program and these Terms shall be exclusively governed by and construed in accordance with the laws of the State or Territory in which you (if a Minor, your parent/legal guardian) reside.

To the fullest extent permitted by law, you (if a Minor, your parent/legal guardian) agree that: (a) any and all disputes, claims, or causes of action arising out of or connected with the Program, these Terms, inputting Codes or the redemption of Points for Reward item(s) shall be resolved individually, without resort to any form of class action, and, to the fullest extent permitted by law, expressly waiving any right of forum non conveniens, change of venue or the like; (b) any and all claims, judgments, or awards, to the fullest extent permitted by law, shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (c) under no circumstances will you (if a Minor, and/or your parent/legal guardian) be permitted to obtain awards for, and you (if a Minor, your parent/legal guardian) hereby waive 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, as well as any right to injunctive or equitable relief, to the fullest extent permitted by law.

11. Construction: The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable by a court of competent jurisdiction, these Terms shall be

construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

12. Data Protection/Privacy Policy: Your personal information may be collected for the purposes of conducting this Program. 

For residents of the United Kingdom only and to the extent applicable, the collection of your personal information will be subject to the privacy policy accessible at https://drinkprime.uk/pages/privacy-policy. Any personal information collected from you will be used by Sponsor/PRPL at the direction of Prime Hydration UK Limited/Prime Hydration, LLC at the addresses in Section 1 above. To the extent applicable, personal information collected from participants will be used by Sponsor/PRPL solely in connection with the Program and will not be disclosed to any third party or used for any other purpose except for conducting the Program, inputting Codes and issuing Points in conjunction therewith, redeeming Points for Reward item(s) and shipping Reward item(s) and any other use mentioned within this clause. The personal information may be transferred outside the United Kingdom to overseas recipients, including in countries such as the United States. The duration of the retention of the information is until February 1, 2025. Participants have a right to access, correct and have their personal data deleted from Sponsor’s database and to set the consequences of their death on their personal data. Participants can exercise these rights by sending a written request to Prime Hydration UK Limited/Prime Hydration, LLC at the addresses in Section 1 above.

Personal information includes name, e-mail address, and mailing address and will be used as set out in these Terms including: (a) to confirm eligibility as a condition of acceptance of Codes, issuance of Points in conjunction therewith, the redemption of Points for Reward item(s) and (b) to deliver Reward item(s) to individuals redeeming Points for same.

For residents of Canada and Australia, your personal information will be transferred to the United States which may not provide as robust protection for your personal information as your home country. Accordingly, for Australian participants, by participating in the Program, you (if a Minor, your parent/legal guardian) consent to subclause 8.1 of the Australian Privacy Principles not applying to the disclosure of your personal information. This section does not limit any other consent(s) that a participant may provide the Sponsor in relation to the collection, use and/or disclosure of their personal information.