Last updated August 3, 2020

S’well Loyalty Program:

Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN CLUB S’WELL LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN, S’WELL’S DECISIONS ON ALL MATTERS RELATED TO THE PROGRAM, AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

We reserve the right to terminate, modify, revise, or change the Program and these Terms, in whole or part, at any time with or without notice. Changes may revise, for example, rules for earning or using points, continued availability of Program rewards and / or benefits, expiration dates, and the features of offers. Changes may result in a reduction in the value of points already accumulated, and may also result in forfeiture of unused points.

 

  1. Membership Eligibility and Overview
    1. The Club S’well Loyalty Program (“Program”) is offered at the sole discretion of Can’t Live Without It d/b/a S’well Bottle. (“S’well,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose. We reserve the right, in our sole discretion, to refuse to create an account or provide benefits for any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.
    2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms of the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference. If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.
  2. Program Enrollment
    1. Eligible individuals may enroll in the Program by visiting www.swell.com or anywhere else we make enrollment available (collectively, the “Site”) and following the Program prompts to register for the Program.
    2. To enroll, you must create an account by providing your name and email address, and creating a password. You are solely responsible for maintaining the accuracy of your account information and for updating it when it changes. You may update your personal information on the Site.
    3. Only one Program account may be associated with an email address. In the event of a dispute over ownership of a Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, 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 (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  3. How the Program Works
    1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site. You earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn points and reach a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
    2. The Program is a tier-based program determined by the number of points a member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:

      Tier 1, Ocean Blue0-99 points
      Tier 2, Onyx100-299 points
      Tier 3, Teakwood300+ points
    3. Upon joining, you are automatically placed in Tier 1, Ocean Blue. At Tier 1, you are immediately eligible for all Tier 1 benefits. Upon earning at least 100 points, you move up to Tier 2, Onyx. Upon earning 300 points or more, you move up to Tier 3, Teakwood.
    4. Your status in a particular tier is good for the 12 months after you qualify for that tier. 
    5. EARNING POINTS: You must be enrolled in the Program and signed into your online account AT THE TIME OF PURCHASE for any purchase to qualify towards earning points for the Program. 
      1. Members receive 1 point for every $1 spent on eligible purchases at the Site. All points earned from eligible purchases on the Site are pending until your order ships, at which point they are fully matured and capable of redemption.
      2. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, please check to make sure you are a Program member and you have logged into your account before completing the actions below. The number of points, if any, awarded for each action is determined by S’well in its sole discretion and in all cases subject to a maximum number of points earned for each action per year.
          1. Providing your birthday
          2. Writing reviews that get published (to earn points, you must be logged in to your Program account when you purchase the reviewed product at the Site and check that you are a Program member)
          3. Referring a friend
          4. Like on Facebook
          5. Follow on Instagram
          6. Follow on Twitter
          7. Earn bonus points for purchases made on the Site during exclusive Double Points events.
    6. EXPIRATION OF POINTS: Points are valid for one year from your earned date. While we may do so, we have no obligation to inform you of any impending expiration of points.
    7. If your membership in the Program is terminated for any reason and you attempt to enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.
  4. Points and Rewards
    1. As a member, you earn points that determine your Tier level and rewards. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular reward. Product rewards and samples may be redeemed only through product purchases on the Site. Points have no monetary value outside of the Program and may never be exchanged for cash. You must be logged in to your Program account to use your points. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails.
      1. Points: At different tiers you will unlock rewards that can be used in conjunction with a purchase on the Site. These rewards are based on the number of points you have accumulated in a single year. Each reward can redeemed for a number of points as listed below. You may only redeem one points benefit reward per order. Redemptions cannot be combined with other promotional offers (e.g., other discounts, free shipping, gift with purchase, etc.).
          1. Free Shipping During Birthday Month (valid during your Birthday Month and can be redeemed for 25 points)
          2. Free Personalization on one order (redeemed for 150 points)
          3. 20% off one order*(redeemed for 175 points)
          4. Free Product with $50 purchase (redeemed for 300 points)
          5. Free 3-Day Shipping with $75 minimum order (redeemed for 250 points)
      2. Reward Limits: All rewards are redeemable on swell.com with a purchase only. Only one reward may be redeemed per order. Not valid with any other discounts or special offers. Not valid for purchase of Gift Cards and eGift Cards. Other exclusions may apply. Free products and gifts are not eligible for refund or exchange.
          1. 20% off one order excludes S’ip by S’well, S’nack by S’well, sale items and sets. 
          2. All free Shipping rewards are valid on U.S. orders (50 U.S. States including DC) only. Free Shipping during birthday month is for Economy shipping. Teakwood Members with 250 points or more are eligible for free 3-day Shipping with a purchase of $75+ 
          3. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Customer Service.
    2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.
    3. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
    4. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.
    5. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
    6. We reserve the right to change Program benefits, how you earn points and reach each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
    7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact S’well Customer Service. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
    8. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise noted by S’well.
    9. S’well reserves the right to correct any point, reward, or benefit granted in error, in S’well’s sole discretion.
  5. Program Communications
    1. By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive Club S’well emails.
    2. You may opt-out of receiving marketing Program-related emails at any time by following the instructions provided in the email and as otherwise provided in the S’well Privacy Policy. If you opt-out of marketing Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you. We reserve the right to send you emails that relate to the Program Terms, transactions, your membership status, and similar transactional or relationship emails. 
  6. Termination and Modification
    1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
    2. We reserve the right to exclude you from or to discontinue your participation in the Program. We reserve the right to audit your membership account at any time, in our sole discretion. To keep your account active you must log in to your Program account and make a purchase within 24 months. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
    3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site. If you cancel your membership, you will lose all accumulated points, benefits and tier status.
  7. Disclaimer of Warranties; Limitation of Liability
    1. S’WELL NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
    2. YOU AGREE THAT NEITHER S’WELL NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
    3. FURTHER NEITHER S’WELL NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
    4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
  8. Indemnification
    You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
  9. Release. By participating, you agree that S’well and its affiliates and subsidiaries and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) will have no liability or responsibility whatsoever for, and shall be held harmless against, any liability for any injuries, losses, or damages of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive or exemplary damages) to persons, including personal injury or death, or property arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a reward or benefit. In no event shall the Released Parties be liable to you for any delay in or failure to perform due to causes beyond S’well’s control, including without limitation, any act of God, act of war, pandemic/epidemic, natural disaster, weather, terrorism, or any act or omission of a third party. This section will survive termination of your participation in the Program.
  10. Governing Law and Disputes
    1. This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.
    2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
    3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  11. Privacy

    The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be administered in accordance with the S’well Privacy Policy
  12. Contact Us

    Submit a request and our S'well Bottle Experts will answer your request within approximately one business day (during business hours M-F). For time sensitive issues, please contact us at 844-60-SWELL (844-607-9355) Monday through Friday between the hours of 9AM and 7PM ET.